For Immediate Release
Wednesday, September 9, 2026                                                    
Contact: Kevin Lampe - Kurth Lampe Worldwide
(312) 617-7280 or kevin@kurthlampe.com

Update on Lawsuit Against Texas Military Department Retaliatory Firing of Computer Programmer Over Protected Political Speech

National Guard Bureau Inspector General Refers Complaint to Texas National Guard Inspector General Office

In addition to the lawsuit, John Gately filed a complaint with the Department of Defense Inspector General. After a preliminary review of Gately's charges, the National Guard Bureau Inspector General determined the matter falls under the jurisdiction of the Texas National Guard Inspector General Office and officially referred the case to them under Army Regulation 20-1.

MSgt David E. Eichaker of the National Guard Bureau Inspector General (NGB-IG) responded to Gately’s submission to the Department of Defense Inspector General (DoD IG). 

Gately’s lawsuit alleges that "Higher Ups" directed his termination after he refused to censor a personal press release about a political candidate.

Highlights of Recent Federal Court Order in Gately’s Lawsuit

First Amendment Retaliation Claim Validated: The federal court explicitly ruled that Gately adequately pleaded all four legal elements required to establish a First Amendment retaliation claim under 42 U.S.C. § 1983.

Core Political Speech Recognized: The judge affirmed that Gately’s statements regarding a local political election fell "squarely into the 'public concern' bucket," emphasizing that his comments as Republican Precinct Chair represented core political speech in which he maintained a powerful constitutional interest.

Presumption in Favor of Free Speech: The court applied the Pickering balancing test and determined that Gately’s interest in speaking about a public election outweighed the department’s interest in suppressing the speech. The court rejected TMD’s claim that the speech disrupted workplace "harmony," noting that Gately's political release relied entirely on publicly available sources.

Reinstatement Remedy Preserved: While sovereign immunity limits certain retrospective claims, the court confirmed that a state official's continued refusal to re-employ an individual following a retaliatory discharge constitutes an ongoing constitutional violation under Ex parte Young. Consequently, Gately's claim for prospective reinstatement remains fully intact.

Background on John Gately’s lawsuit against Texas Military Department

Gately, a ten-year employee and computer programmer for the Texas Military Department (TMD) and a Master Sergeant in the Texas State Guard, filed a federal lawsuit on June 2, 2026, in the United States District Court for the Western District of Texas. The complaint (Case No. 26-1480) alleges that Gately was wrongfully terminated in violation of his First Amendment rights after refusing to remove a political press release he authored in his personal capacity as a Republican Precinct Chair. David Sergi and Jessica Cousineau of Sergi & Associates of San Marcos, TX, filed the lawsuit.

The lawsuit names Major General Thomas M. Suelzer, Adjutant General of Texas; Mike W. Gorby, Executive Director of the Office of State Administration; John Doe(s; and the State of Texas as defendants.

According to the lawsuit, Gately has an outstanding employment record with multiple commendations over more than a decade of service and was sworn in as Republican Precinct Chair for Precinct 338 in January 2026. On March 12, 2026, acting in his capacity as Precinct Chair, Gately published a press release about Round Rock, TX, mayoral candidate Kelly Hall. The press release discussed Hall's service record and claims regarding his discharge from the Texas State Guard.

The lawsuit says shortly after the press release was posted online, Gately’s TMD supervisors, acting on instructions from "higher-ups," repeatedly directed him to remove the post. Despite confirmation from the TMD Government Affairs Office that his speech was protected under the First Amendment, Gately was told that refusing to comply would result in his termination. On March 19, 2026, Gately was fired.

"This is a clear-cut case of government overreach and a blatant violation of the most fundamental right guaranteed to every American," said David K. Sergi, lead attorney for Gately. "John was speaking as a private citizen about a significant public concern. The Texas Military Department cannot use its power as an employer to silence political discourse or punish employees for exercising their constitutional rights outside of the workplace."

Throughout his career, Gately received dozens of awards, including the Texas Outstanding Service Medal six times and the Texas Medal of Merit five times. His performance reviews consistently indicated that he "Exceeded Job Expectations."

The lawsuit seeks a declaratory judgment that the termination was unconstitutional, as well as reinstatement, back pay, and compensatory damages for emotional distress and reputational harm.

"Political liberty is the bedrock of our democracy," Sergi continued. "When a state agency fires a model employee because they don't like his personal political speech, it threatens the rights of every public servant in Texas."
 

For Immediate Release:
Monday, August 24, 2026                                                              
Contact: Kevin Lampe - Kurth Lampe Worldwide
(312) 617-7280 or kevin@kurthlampe.
Federal Court Clears Path for First Amendment Retaliation Lawsuit Against Texas Military Department

Ruling Denies State’s Motion to Dismiss Core Constitutional Claim, Affirming Public Employees’ Right to Engage in Political Speech
 

AUSTIN, TEXAS — In a major victory for free speech and public employee rights, a federal court has denied the Texas Military Department’s (TMD) motion to dismiss a First Amendment retaliation lawsuit brought by computer programmer and Texas State Guard Master Sergeant John Gately. With the federal court's rejection of the motion to dismiss, the case now advances to discovery.
 

The court’s ruling clears the way for Gately’s lawsuit to proceed against TMD leaders  Major General Thomas M. Suelzer, Adjutant General of Texas, and Mike W. Gorby, Executive Director of the Office of State Administration, in their official capacities, allowing Gately to pursue full reinstatement to his position as well as attorney’s fees and court costs.

The lawsuit, Gately v. Suelzer et al. (Case No. 1:26-cv-01480-ABD), filed by David Sergi of Sergi & Associates, San Marcos, TX, challenges Gately’s wrongful termination after he refused to censor political statements he authored in his personal capacity as a Republican Precinct Chair.
Key Highlights of the Federal Court Order

• First Amendment Retaliation Claim Validated: The federal court explicitly ruled that Gately adequately pleaded all four legal elements required to establish a First Amendment retaliation claim under 42 U.S.C. § 1983.
• Core Political Speech Recognized: The judge affirmed that Gately’s statements regarding a local political election fell "squarely into the 'public concern' bucket," emphasizing that his comments as Republican Precinct Chair represented core political speech in which he maintained a powerful constitutional interest.
• Presumption in Favor of Free Speech: The court applied the Pickering balancing test and determined that Gately’s interest in speaking about a public election outweighed the department’s interest in suppressing the speech. The court rejected TMD’s claim that the speech disrupted workplace "harmony," noting that Gately's political release relied entirely on publicly available sources.
• Reinstatement Remedy Preserved: While sovereign immunity limits certain retrospective claims, the court confirmed that a state official's continued refusal to re-employ an individual following a retaliatory discharge constitutes an ongoing constitutional violation under Ex parte Young. Consequently, Gately's claim for prospective reinstatement remains fully intact.
   

"This decision is a decisive victory for John Gately and a vital safeguard for every public servant across Texas," said David Sergi, Gately’s attorney. "The state tried to bury this case under technical immunity defenses, but the court saw through it. The judge confirmed what we have said from day one: government agencies cannot weaponize employment power to punish employees for participating in political speech outside the workplace."
 

"John acted entirely within his rights as a private citizen and party official," Sergi added. "By keeping our claim for reinstatement alive, the federal court has signaled that Texas state agencies will be held accountable when they violate the United States Constitution."
 

Gately served as a computer programmer for the Texas Military Department for more than ten years, consistently earning "Exceeded Job Expectations" performance reviews and receiving numerous state awards. In January 2026, he was sworn in as Republican Precinct Chair for Precinct 338.
 

On March 12, 2026, acting in his personal role as a Republican Precinct Chair, Gately issued a public press release addressing local election candidates. TMD supervisors then demanded that Gately remove the political post, claiming the instructions came from "higher-ups." When Gately refused to comply with the unconstitutional order, TMD terminated his employment on March 19, 2026.
 

For media interviews with David Sergi, Attorney, please contact Kevin Lampe at (312) 617-7280 or kevin@kurthlampe.com.
 

FOR IMMEDIATE RELEASE
June 10, 2026

San Marcos, Texas — John Gately, a ten-year employee and computer programmer for the Texas Military Department, held a press conference today with his attorney from Sergi & Associates, P.C., regarding his federal lawsuit filed in the United States District Court for the Western District of Texas, Austin Division.

The lawsuit, filed on June 2, 2026, alleges that the Texas Military Department wrongfully terminated Gately in retaliation for protected political speech.

A video of today’s press conference will be made available for the public to watch here: Watch the Press Conference

According to the federal complaint, the Texas Military Department violated Gately’s First Amendment rights by using its authority as a state employer to pressure him to remove a political statement he wrote and published in his personal capacity as a Republican Precinct Chair.

Gately’s statement concerned Round Rock mayoral candidate Kelly Hall and addressed publicly available information regarding Hall’s service record and claims related to his discharge from the Texas State Guard. The lawsuit states that Gately wrote the statement on his personal time, on his personal computer, and using publicly available information.

No Texas Military Department resources were used.

No state equipment was used. No work time was used. No non-public Texas Military Department records were used.

The federal complaint further alleges that Gately’s Texas Military Department supervisors repeatedly ordered him to remove the statement after being directed by “higher-ups.” According to the lawsuit, the Texas Military Department’s own Government Affairs Office confirmed that Gately’s speech, made in his personal capacity as a precinct chair, was protected under the First Amendment.

Despite that, Gately was terminated on March 19, 2026, after refusing to censor his personal political statement.

“For more than ten years, I did my job, served the State of Texas, and maintained an outstanding employment record,” Gately said. “I did not use state resources. I did not speak for the Texas Military Department. I spoke as a private citizen and as a Republican Precinct Chair about a matter of public concern. That is exactly the kind of speech the First Amendment protects.”

Gately’s employment record includes numerous awards, commendations, and performance reviews rating him as having “Exceeded Job Expectations.” The federal lawsuit alleges there was no performance-related reason for his termination and that the decision was retaliation for his refusal to remove protected political speech.

The lawsuit seeks reinstatement, back pay, attorney’s fees, and compensation for emotional distress and reputational harm.

“Political liberty is the bedrock of our Republic,” Gately said. “When a state agency can fire a model employee because it dislikes his personal political speech, every public servant in Texas should be concerned. This case is about more than one job. It is about whether government employees still have the right to speak as citizens on matters of public concern.”

The case is pending in federal court in the United States District Court for the Western District of Texas.

John J. Gately
Republican Precinct Chair – Precinct 338
Williamson County Republican Party
Round Rock, Texas

FOR IMMEDIATE RELEASE
June 2, 2026
Round Rock, Texas

Today, I filed a federal lawsuit in the United States District Court for the Western District of Texas, Austin Division, against the State of Texas, the Texas Military Department, Major General Thomas M. Suelzer in his official capacity as the Adjutant General of Texas, Mike W. Gorby in his official capacity as Executive Director of State Administration, and other individuals whose identities may be determined during litigation.

This lawsuit arises from what I believe was the wrongful termination of my employment with the Texas Military Department after I refused to remove a press release I published in my personal capacity as Republican Precinct Chair for Precinct 338 in Williamson County.

For more than ten years, I served the Texas Military Department as a computer programmer. During that time, I received excellent performance evaluations, multiple commendations, and numerous awards for my service. I was not terminated because of poor performance. I was terminated, I believe, because I exercised my constitutional right to speak on a matter of public concern.

On March 12, 2026, I published a press release regarding a candidate for public office. That statement was made in my role as a precinct chair, not as an employee of the Texas Military Department. It did not claim to represent the Texas Military Department, the Texas State Guard, or any state agency. The information I discussed was based on publicly available records and concerned issues I believed voters had a right to know.

Shortly after that statement was published, I was directed several times to remove it. I refused because I believed then, and still believe now, that political speech about candidates for public office is protected by the First Amendment to the United States Constitution and by the Texas Constitution.

According to my complaint, I was told that “higher ups” wanted me fired if I did not remove the statement. Days later, on March 19, 2026, I was called to Human Resources and informed that my employment was terminated effective immediately. No performance-based explanation was provided to me.

I have spent years serving Texas, both as a state employee and as a member of the Texas State Guard. I believe deeply in public service, accountability, and the constitutional freedoms that protect every citizen — including public employees.

This case is not just about my job. It is about whether a public employee can be punished for speaking as a private citizen on political matters of public concern. It is about whether government officials can pressure someone to remove protected speech and then terminate that person for refusing.

I did not surrender my constitutional rights when I accepted public employment.

Through this lawsuit, I am seeking accountability, damages for the harm caused, attorney’s fees, and all other relief available under the law. I look forward to presenting the facts in court.

Court Document

Respectfully,
John J. Gately
Republican Precinct Chair – Precinct 338
Williamson County Republican Party
Round Rock, Texas

I am proud to endorse Amanda Hopper for Vice Chair of the Republican Party of Texas.

Amanda represents the kind of grassroots leadership our party needs right now: principled, energetic, conservative, and focused on strengthening the Republican Party from the ground up. She understands that the strength of the party does not come from Austin insiders or political gamesmanship. It comes from the activists, precinct chairs, county parties, volunteers, candidates, and voters who show up, do the work, and fight for Texas values.

Amanda Hopper has shown a commitment to building stronger conservative coalitions, supporting grassroots organizations, and keeping the Republican Party of Texas accountable to its platform and its voters. That is exactly the kind of leadership we need in the Vice Chair position.

Texas Republicans deserve leaders who will listen, organize, stand firm, and help move the party forward with courage and conviction. Amanda Hopper is ready to do that.

I respectfully ask my fellow Republicans to join me in supporting Amanda Hopper for Vice Chair of the Republican Party of Texas.

John J. Gately
Republican Precinct Chair – Precinct 338
Williamson County Republican Party
Round Rock, Texas

FOR IMMEDIATE RELEASE

Date: March 12, 2026

Statement on Leadership, Honesty, and Service to Texas

Round Rock, Texas — As the elected Republican Precinct Chair for Precinct 338 in Williamson County, and as a current member of the Texas State Guard, I believe strongly that those who seek public office must demonstrate honesty, integrity, and loyalty to the people they intend to serve.

It has come to my attention that Kelly Hall, who has reportedly won the race for Texas House District 19 while also running for Mayor of the City of Round Rock, is representing on his campaign website that he has served in the Texas State Guard from 2016 to Present.

His website currently states:

"2016 – Present

Texas State Guard

Serving in emergency response, disaster relief, and community outreach. A commitment to protecting and serving Texans."

This claim is not accurate.

I served in the Texas State Guard with Mr. Hall and can confirm that he has not served in the Texas State Guard for several years. Mr. Hall was discharged from the Texas State Guard, and his service did not conclude with an honorable discharge.

During his service, Mr. Hall admitted to forging official government documents, which resulted in his discharge from the organization.

Despite this, his website currently represents his Texas State Guard service as continuing to the present.

In addition, Mr. Hall’s website presents him as a veteran. While the Texas State Guard performs an important mission supporting disaster response and emergency operations within the State

of Texas, service in the Texas State Guard does not confer federal veteran status, as members are not part of the federal armed forces unless separately serving in those branches.

The men and women who serve in the Texas State Guard dedicate themselves to protecting Texans during disasters and emergencies. Their service represents loyalty, honor, and commitment to the State of Texas. That service should never be misrepresented.

Leadership requires honesty and accountability. When individuals seek positions of public trust—whether in the Texas Legislature or as Mayor of the City of Round Rock voters deserve transparency regarding their background and service.

The people of Texas, and especially the citizens of Round Rock, deserve leaders who demonstrate integrity and respect for the truth. In my view, honesty and loyalty to the State of Texas must remain the foundation of public service.

Respectfully,

John J. Gately

Republican Precinct Chair – Precinct 338

Williamson County Republican Party

Round Rock, Texas