In 2005, two Alpine city council members were indicted, accused of violating the act by sending each other e-mails about city issues. The indictments were quickly dropped, but the city challenged that the Open Meetings Act is a violation of the council members' First Amendment rights. Some other cities joined them in the case, including Plufgerville and Wichita Falls.
Now, the federal court in Pecos has ruled that the council members' rights were not violated by the act. The court adds Texas Open Meetings Act should stand as it is.