Texas Attorney General Ken Paxton on Monday filed a lawsuit against the leader of a group of people that recently moved into a wealthy far West Texas county with the expressed intent to wrest political control from the current office holders.
Paxton also filed a request for a temporary restraining order against Malcolm Tanner for what the attorney general asserted were environment violations on the isolated plot of land in Loving County where members of his organization, the Melanated People of Power, have erected a small encampment of RVs and tents.
The State of Texas “requests that defendant be enjoined from allowing any person to move on to, reside, or otherwise establish habitation or domicile on the property,” the filing said.
In numerous social media posts, Tanner has declared his intention to take over Loving County’s government by moving in enough of his supporters, who he has attracted there by promising free homes and a $5,000 monthly stipend. Thanks to a gusher of oil and gas revenue, the county, which sits in the Permian Basin, is one of the state’s wealthiest.
The Houston Chronicle reported on Tanner and his political plans three weeks ago. Days later, several state and federal elected officials requested law enforcement and elections officials mount investigations.
Paxton’s office was the first to make an official filing. “Indiana resident Malcolm Tanner has no right to try and take over Loving County with illegal schemes that endanger real Texans,” the attorney general said in a statement accompanying the lawsuit’s filing in state district court in Loving County.
“His deceptive and unlawful scheme to lure people with free housing for the purpose of conducting a political takeover is a disgustingly fraudulent plot to line his own pockets. I will not stand by while frauds try to carve up Texas for themselves and make everyone sicker and less safe along the way.”
In the lawsuit, state prosecutors alleged that Tanner violated Texas health and safety codes when he and his followers established their encampment without septic or sewer access on two 5-acre parcels about a half-hour drive on rough caliche roads outside of Mentone, the county’s only city.
Paxton, who is running for the U.S. Senate, also claimed Tanner had broken a state law against making terroristic threats by “threatening violence against law enforcement and oil field workers;” and had violated the Deceptive Trade Practice Act, a state statute Paxton’s office has turned to frequently in recent years to make its cases.
“The majority of the individuals living on the property were enticed by his promise of ‘free’ homes and moved from out of state,” according to the lawsuit. “But rather than homes (much less free homes), these people are now living in recreational vehicles and camper vans that were purchased by Tanner and lack running water, proper waste disposal, or reliable electricity.”
It added: “Reports indicate that individuals who move to defendant’s property are evicted when they fail to make monthly payments or perform work on defendant’s behalf.”
See here and here for the background. I mean, on the one hand every video this guy is in should be captioned with “I AM NOW DOING A SCAM” at all times. There’s just no possible way that he’s on the up-and-up. And yet, this lawsuit just smells of weak sauce to me. Like, “terroristic threats”? Ted Cruz’s bacon ad is more violent than anything this guy has said. And when was the last time Ken Paxton cared about anyone’s sewer or septic access? Maybe his go-to Deceptive Trade Practices move has some juice to it, but this all has big “I gotta look like I’m Doing Something” energy about it. We’ll see what a judge makes of it.