Second early voting location to open in Rowlett amid concerns

ROWLETT, Texas - Another twist in an ongoing controversy over an early voting site in Rowlett.

The city’s mayor and others sued Dallas County over choosing a church with limited parking as the one and only polling place. 

A judge agreed that the church should not be the only polling place in the city, home to about 70,000 people.

A Dallas County judge granted the city of Rowlett a win in court Tuesday in its ongoing battle over an early voting location. 

The judge’s order does not impede anyone from voting at Freedom Church. That is still an early voting location. 

The order now includes the community center as another location. 

Rowlett Mayor Blake Margolis and a group of citizens did not believe the location was going to be big enough to fulfill the needs of the community during this election. The site offers only nine parking spaces and one ADA-compliant space. 

"This is not about the church or the pastor or any individual. This is about what is right and what is wrong," the mayor said.

The community center was used in the 2020 election when more than 22,000 people voting early in Rowlett. 

This year, Rowlett is expecting a big early voting turnout.

Kyle Pugh, Margolis’ attorney spoke at a news conference Tuesday afternoon. 

"The Texas Election Code requires that polling places be a public building," said Kyle Pugh, Margolis’ attorney. "If a public building is not available, then we can explore private buildings. The Freedom Church is not a public facility."

Acting as a private citizen, Margolis and other citizens sued members of the county commissioner's court and the election administrator to be able to use the community center as an early voting location again this year. 

The judge set a hearing in the case for Oct. 22, the day after early voting begins. In the meantime, it will allow the community center to act as an early voting location along with the church.

But that’s not the only action the mayor and the city have taken against Freedom Place Church. They’ve argued the church offers too few parking spaces and just one ADA-compliant space. 

Last week, the city gave the church 10 days to respond to what it called an "occupancy certificate error," citing the lack of parking, or face closure.

On Monday, the church's pastor claimed the church was being discriminated against. 

Monday, the pastor of Freedom Place Church and his attorney held a press conference, claiming the church was a target of election interference and religious discrimination. 

"What’s fascinating about this is the church didn’t choose to be a polling location. Dallas County chose the church to be a polling location," said church attorney Hiram Sasser.

After Tuesday’s ruling, the church’s attorney released a statement saying, "We are fighting to make sure our client, the church, is not a casualty of the mayor’s attacks against Judge Clay Jenkins, Commissioner John Wiley Price and others who appear to be doing a great job under these circumstances. Closing churches who do things you don’t like is not the American way."

Dallas County tells FOX 4 it's still finalizing a contract with Freedom Place Church for its use as both an early voting and Election Day location. 

The church is requesting more than $15,000.

Mayor Margolis says having a polling site at the community center is free of charge, although nobody at the county level could confirm that to FOX 4. 

The mayor ended his press conference Tuesday with a message to the Dallas County Elections Department.

"They full well knew the community center was available for early voting and Election Day voting," Margolis said. "But for some reason, they chose something as an alternative to the public interest."

FOX 4 reached out to Jenkins’ office Tuesday afternoon, but they said they couldn’t comment on pending litigation.

Commissioner Price told FOX 4 he is communicating with his lawyers.