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