Texas LGBTQ protester cited for assault says his hat brushed trooper

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Texas DPS detains Evan Wienck in the House gallery after a point of order was raised on SB14 the transgender rights bill on May 2, 2023. Wienck, 28, was one of two people who were arrested May 2 in the aftermath of the Texas speaker asking troopers to clear the gallery after outbursts from LGBTQ rights activists.

Evan Wienck taking a stroll through the Japanese Garden in Portland, Ore. in July 2021. Wienck, 28, was one of two people who were arrested May 2 in the aftermath of the Texas speaker asking troopers to clear the gallery after outbursts from LGBTQ rights activists.

Evan Wienck poses with a friend's dog at Austin City Limits in October 2020. Wienck, 28, was one of two people who were arrested May 2 in the aftermath of the Texas speaker asking troopers to clear the gallery after outbursts from LGBTQ rights activists.

Evan Wienck has been a regular at the Texas Capitol in the past few months, as he followed legislation like Senate Bill 14, which would bar children from receiving transgender health care services including puberty blockers and hormone therapy.

RELATED: Texas AG Ken Paxton falsely blames Travis County DA for dropping charges against Capitol protesters

Wienck is not transgender but as a member of the LGBTQ community, he knows how tough it can be to embrace an identity that doesn't feel accepted. He said showing up this legislative session has given him some agency as Republican leaders push on with a host of anti-LGBTQ measures.

Now all that is under threat after the 28-year-old was charged with misdemeanor assault last week during protests over SB 14. Wienck was one of two people who were detained at the Capitol after House Speaker Dade Phelan ordered state troopers to clear the gallery of spectators.

He was also given a warning: if he returns to Capitol grounds within the next year, he will be arrested for criminal trespass.

"I will continue to do everything I can to support the people and organizations that are able to show up," Wienck said, adding that he is concerned that banning advocates will "disenfranchise" others from participating in the lawmaking process.

BACKGROUND: Texas House Democrats force delay on trans health care ban bill for the second time this week

The fight over Republican's anti-LGBTQ push reached a peak last week when opponents of SB 14 flooded the gallery and started chanting as debate on the bill was set to start, prompting the speaker's order to clear the space.

In his first interview since the incident, Wienck said his brush with police unfurled as he was heading toward the exit, sometimes pausing along the way to record with his phone. He noticed that many supporters of the legislation, dressed in red, were not moving at all, and he recorded as troopers pulled a transgender woman from her seat by her arms.

"At that point, somebody had grabbed my arm from behind, and I didn't see who it was because they're behind me," Wienck said. "And when I turned around, my baseball cap that I had in my hand — I was holding it by the back part where it's adjustable — and it kind of flipped around towards the officer. It wasn't intentional."

He remembers three or four troopers pinned him against a chair and trying to handcuff him.

Wienck was detained for about 20 minutes and charged with assault by contact, a Class C misdemeanor, punishable by up to a $500 fine and no jail time, before being released. The case will eventually be heard before a justice of the peace court.

His lawyer, Rick Cofer, said an assault charge requires a person to have intentionally acted in a way they know will cause harm, which Wienck did not.

The Texas Department of Public Safety did not immediately respond to a request for comment. The agency typically does not typically comment on pending cases.

EXPLAINER: What would SB14 mean for transgender Texas kids? Implications for hormone therapy, surgery and more.

For Wienck, the fight over SB 14 is personal. Growing up in a small, rural town in central Kansas, he never felt comfortable coming out as gay. The first time he tried as a teenager, he confided in his closest friend and neighbor.

"It was a really negative, rude and hostile reaction from her," he said. "She was like, ‘You'll go to hell; you need to accept God,’ and a lot of religious contexts kind of came out. And I was really shocked in the moment, and I think a little bit heartbroken by that."

The bad experience prompted him to stay closeted for the rest of high school. That was, until his senior year, when his family moved to Austin. At his new school, he was able to start fresh and introduce himself as who he really was, he said, without ever needing to formally come out.

"That was a pivotal point for me in my development," he said.

Wienck believes SB 14 will prevent transgender children from having that same experience.

The legislation will harm "thousands of Texans," he said. "And not just immediately, but long term."

Republicans have argued children aren't old enough to make what can amount to life-altering medical decisions and that transition healthcare can lead to negative physical and mental side effects. Texas is one of more than a dozen GOP-led states that has or is looking to crack down on the medical interventions.

Democrats were able to delay the bill twice last week through procedural tactics. Despite the setbacks, Republicans’ say their resolve has not diminished, and the bill is expected back on the House floor this week.

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