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