Six years ago, the Harris County Bail Bond Board, which regulates the bond industry, told Pruett to stop calling. Officials said he was breaking a local rule that banned certain solicitations. And they threatened to suspend his license to do business.
Pruett fought back with a lawsuit against the board and Harris County and recently, after a protracted legal fight, a federal appeals court ruled he and fellow bondsman Scott Martin had a First Amendment right to consult public records, then solicit business by phone.
Calling times restricted
The 5th U.S. Court of Appeals ruled that state-imposed restrictions on "commercial speech" were unconstitutional, but agreed with the state law restricting solicitation calls between 9 p.m. and 9 a.m.
Essentially, Pruett and Martin used public records to troll for people with outstanding warrants, and then called them to offer their services.
Constable offices, the county and other municipalities use those same records to mail thousands of letters every month to people with open warrants for bad checks, unreturned DVD rentals, unresolved traffic violations and other nonviolent criminal cases.
The 5th Circuit ruled that Pruett and Martin had the same rights to contact those people.
"The statute does not prevent attorneys, law enforcement officials or anyone else from alerting someone that he's the subject of an open warrant," the court said. "Harris County cannot give such notice itself and then claim that restricting notice by others is necessary to the safety of its officers and the public and the prevention of flight."
County Attorney Mike Stafford said the county didn't create or enforce the state law, but intervened to prevent bondsmen from "tipping off" alleged criminals. He said protecting officers from possible violence is a legitimate objection and the county will likely appeal the latest decision to the U.S. Supreme Court.
David Furlow, who represents Pruett and Martin in the federal lawsuit, hailed the decision as a "vindication of First Amendment rights." But he said perhaps more importantly, the courts action sent a loud message to fellow bondsmen who saw Pruett and Martin as unscrupulous competitors.
"The largest bail bonding companies with large investments in Yellow Pages ads and large existing bases of criminal defendant clients, they wanted to restrict those and keep other bail bondsmen from contacting them," Furlow said.
