Judge clears path for trans rights group to uncover who’s behind fake mailers to Texas families

The Transgender Education Network of Texas may be closer to learning who is behind the fake promotional materials claiming to be from the organization after a judge ruled in its favor, as separate reporting points to ties between a printer linked to the mailers and pro-Trump political groups.

During a Tuesday hearing, Travis County District Judge Jan Soifer approved depositions of Texas Transgender Student Union LLC, the Wyoming-based organization listed as the mailers’ sender, and Infobip LLC, the wireless provider that helped send the unsolicited text messages, allowing TENT to question both companies under oath.

“We are very pleased that the court obviously saw our evidence and understood the need for two depositions,” said Mimi Marziani, an attorney representing TENT, according to news station KVUE.

Chris Hilton, an attorney for TTSU, pushed back, arguing that "TTSU did nothing wrong other than engage in speech,” and that the mailers weren’t tied to Election Day.

Related: Who sent fake trans advocacy mailers to inflame Texas Republicans? A trail leads to an Illinois printer

"The First Amendment protects speech 365 days a year – especially in an election year,” Hilton told the judge, CBS News reports.

Hilton said he also represented Infobip clients and planned to appeal the decision.

The hearing took place as more information emerged about the Illinois printing company believed to hold the postal permit used for the mailers.

CBS News Texas reported that the U.S. Postal Service identified Three Z Printing as the permit holder. The company is owned by Bill Zerrusen and his three sons, one of whom lives near Dallas.

Over the years, the Zerrusens have donated more than $700,000 to Trump-aligned groups and Republican committees, the San Antonio Express-News reports, though it remains unclear what role, if any, Three Z played beyond using its permit. CBS News Texas and the San Antonio Express-News said they had contacted the family-owned company for comment but had not received a response.

The brochures, which invoked TENT, purported to provide resources for LGBTQ+ students, including information about emancipation from parents.

Related: Republican DA launches investigation to find culprit behind fake trans mailers in Texas

“This incident has led to extraordinary damage to TENT as an organization, and also to threats that continue to come in against TENT staff,” Marziani told reporters after the organization filed a petition in Travis County court to identify those behind the impersonation campaign.

The controversy unfolds amid anti-transgender advertising targeting Democratic Senate nominee James Talarico. Them reported that anonymous conservative Reddit commenters complained the ads had introduced their children to transgender identity.

A separate criminal investigation could also help identify those responsible. Sarah Stogner, district attorney for Loving, Reeves, and Ward counties west of Odessa, told The Texas Tribune her office opened a criminal investigation into the mailers for potential forgery, a state jail felony in Texas. Stogner added that the investigation could widen as more details emerge.

“If this ends up being legal, it is everything that is wrong with our current political climate,” Stogner said, telling the Tribune the mailers arrived so close to Election Day on purpose.

Related: Texas trans rights group asks court to expose who’s sending fake flyers to outrage conservatives

“If we were actually worried about kids and their safety, no one would be sending propaganda to spread that message further on television ads, in text messages, in written whatever,” she said. “If we are truly trying to protect children, we’d be focusing on how to put pedophiles in jail.”

Northwest Registered Agent told Austin NBC affiliate KXAN that it was beginning to cut ties and “resign as the registered agent” for the entity referred to as the “Texas Transgender Student Union” in the falsified mailers.

“We have no way of knowing someone’s intent when they’re forming a new company, and Northwest Registered Agent has no knowledge of, or involvement in, our clients’ business operations,” a company spokesperson told KXAN. “We follow all state and federal laws, and we cooperate fully with law enforcement investigations.”

Related: Texas trans rights group says text message impersonation campaign sparked hate

In its court petition, TENT says it had nothing to do with the texts and mailers and that its name, website and images were used without permission. The text messages, sent Oct. 12 and 13, directed recipients to TENT’s website for information about gender-affirming care in Texas and resources for transgender students, including guidance on school bathrooms. TENT alleges that the communications were part of an effort to mislead voters and damage the organization’s reputation ahead of the midterm elections.

“The identity of the organizations and/or individuals behind the Messages and Mailer are opaque,” the petition states.