Enforcing the Mass Gathering Act: Smith County Constable breaks down the law

EAST TEXAS — Smith County has seen a rash of trail ride shootings. Law enforcement broke down the expectations of Chapter 751 of the Texas Health and Safety Code, also known as The Mass Gathering Act in a town hall meeting Sunday afternoon. According to our news partner KETK, Smith County Constable Josh Joplin shared that just in the last two years alone, more people have lost their lives at the expense of these violations. “I’ve had people shot in the head at these trail rides, I’ve had people shot in the face, I’ve had people shot in the leg… I mean gunplay is a serious issue with this as well.” Constable Joplin said.

Joplin said that this isn’t to make it challenging to have gatherings, it’s to ensure that preventative measures are taken. In any event that is meant to attract 100 or more people is required to have a permit. “For the last three years, we’ve tried to communicate and say ‘Hey this would be best. You know, we would prefer if you would get a permit and we are asking you to get a permit. These are the things you need to have in order to have this event and have it safely,’ but our request went unanswered,” Joplin said.

One must not promote the mass gathering until a permit has been filed 45 days before the date. Noticing large crowds in any area can help prevent accidents, injuries and even death. “When I see someone standing at the gate taking $20 a person and you’ve got 1,500 people in there and I’ve got a kid that is nearly dead from carbon monoxide poisoning and can’t get an ambulance to him because cars are parked on both sides of the road… That means life has been replaced for a financial gain,” said Joplin. The permit application process helps ensure mass congregations are held in an orderly manner and the physical safety of everyone in attendance is protected.

“You got 1,000 to 2,000 people on a 90-acre piece of property, you need to have adequate security. You need to have medical personnel there so if someone falls off a horse or four-wheeler,” said Joplin. Trail riding group directors were in attendance and agree that Sunday’s meeting was quite necessary. “I’ve always been one of those that say shut them down before it gets dark. That will kill all the problems that you will have as far as violence with guns and any other corruption that might come into effect,” said Maurice McDonald, President of Jackson Trail Riders. Horse racing is also included under the Mass Gathering Act and is defined as a race between one or two more horses in a competition for time or speed. Under Texas law, the county judge has the authority to revoke a permit issued if they find that the preparations for the mass gathering cannot be completed by the scheduled date. Consequences for any violations of the Mass Gathering Act are considered a Class B misdemeanor and punishable by a fine of up to $1,000 or 90 days in jail.