Social media company X announced Monday that it will be supporting Michelle Evans’ legal defense against criminal prosecution, which stems from her posting a photo of a man washing his hands in the women’s restroom at the Texas Capitol.
Evans, chair of the Williamson County GOP, shared the photo in May 2023 on X. The office of Travis County District Attorney José Garza (D) launched a criminal investigation shortly afterward into potential charges for photographing another person in a bathroom without their consent.
“Ms. Evans did not even take the photo. She merely posted it on X as part of political commentary on transgender issues,” X’s Global Government Affairs office wrote in its post.
KVUE reported that a district court previously denied Evans’ attempts to secure an injunction and restraining order to block Garza’s targeting of her free speech.
In a 2-1 vote in December 2025, the U.S. Fifth Circuit Court of Appeals released an opinion that opened the door for the criminal investigation to proceed. Calling this a “misguided and dangerous opinion,” X jumped to Evans’ aid.
“X is therefore assisting Ms. Evans in pursuing an appeal before all 17 judges of the Fifth Circuit,” the company wrote. “We look forward to the full Fifth Circuit correcting this wrong and preserving free speech, which is the foundation of American democracy.”
Texas Scorecard previously reported the bathroom incident in May 2023. While the Texas Department of Public Safety took no action when multiple women complained about a man in their private space, it investigated the group of women who publicly complained about the issue at Garza’s behest.
“I’m grateful for the X Corp legal team’s support, their commitment to fighting for free speech, and their recognition that a Soros-backed DA is abusing his power to target me for speaking out against gender identity ideology in Texas,” Evans told Texas Scorecard.
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