Parents seek emergency order to stop Camp Mystic from destroying evidence, court date set for March 4

A Travis County judge will hold the first court hearing in the Camp Mystic litigation March 4, when the parents of Cile Steward ask for an emergency order to stop the camp from destroying physical evidence of the July 4 flood that killed 27 people.

Will and CiCi Steward filed an application for a temporary restraining order and temporary injunction last week, arguing the Eastlands are systematically altering the disaster scene while their 8-year-old daughter remains missing, state investigations continue, and licensing decisions loom.

“In their eagerness to reopen, the Eastlands also have intentionally altered material evidence at the disaster scene,” the application states.

The hearing is scheduled for 9 a.m. March 4 in the 200th District Court.

 Evidence destruction alleged

According to the filing, the Eastlands have undertaken extensive alterations to Camp Mystic since the flood:

• The main office has been completely remodeled with all radios, announcement systems, and communication equipment removed
• Fresh paint and new walls have eliminated signs of storm damage
• Watermark lines at the Recreation Hall “have disappeared, seemingly cleaned or painted over”
• The Commissary — located 20 paces from Cile’s cabin — now has a new exterior staircase
• Several cabins contain entirely new framing
• Twins II, where Cile was housed, has been cleaned with all mattresses, bunks, and bed frames removed
• Heavy machinery is being used to reshape the topography
• Some cabins have been stripped to the studs

The application includes photographs documenting the alterations.

“Make no mistake: the entire camp site is an evidence scene, and Defendants have failed to preserve it,” the petition states.

‘Erasing the physical evidence’

The Stewards argue that physical conditions at the camp — including cabin locations, terrain, posted disaster plans, and access routes — constitute critical evidence for proving their negligence claims.

“The photographs below demonstrate the extent of the Defendants’ spoliation,” the application states. “Defendants are using heavy machinery to reshape the topography and have stripped cabins to the studs, thereby erasing the physical evidence of the Camp Mystic tragedy.”

The filing notes that once physical evidence is altered or destroyed, “no monetary award, discovery sanction, or jury instruction can restore the evidence, eliminate the resulting prejudice, or place Plaintiffs in the position they were in before the loss.”

“Put simply, physical evidence lost today cannot be restored tomorrow, no matter the instruction or sanction imposed later,” attorneys wrote.

State investigations ongoing

The application emphasizes that multiple government investigations remain active.

The Joint Senate and House General Investigating Committees on the July 2025 Flooding Events — established by the 89th Legislature to review the Camp Mystic tragedy — have yet to hold final hearings or issue a conclusive report, according to the filing.

Additionally, the state’s camp licensing portal recently opened for annual renewal and revocation cycles. The Stewards note that multiple families have filed or intend to file formal statements with licensing authorities calling for investigation of the camp’s safety protocols and urging the state to revoke or refuse to renew Camp Mystic’s operating license.

“Because the Committees have yet to hold final hearings or issue a conclusive report, the Camp Mystic site remains a live scene of intense public and legislative scrutiny,” the application states.

What they’re asking for

The Stewards are seeking a court order that would prohibit the Eastlands from:

• Altering, demolishing, repairing, remodeling, reconstructing, or removing any structure or physical feature at the Camp Mystic site
• Cleaning, discarding, relocating, or otherwise modifying any physical evidence
• Altering the layout, access routes, or ground conditions
• Using the Camp Mystic site for any commercial purpose, including camp operations

The restrictions would remain in effect “pending further order of the Court.”

A proposed order attached to the application specifically identifies cabins that must be preserved: Twins I, Twins II, Bubble Inn, Bug House, Look Inn, Hangout, and Jumble House — the cabins where minor campers were housed during the flood.

The order would also protect the Main Office, Recreation Hall, and Commissary buildings to preserve waterlines, communication systems, and structural elevations “for forensic inspection.”

Legal arguments

To obtain a temporary injunction, applicants must demonstrate three elements: a cause of action against defendants, a probable right to relief, and probable, imminent, and irreparable injury.

The Stewards argue they have satisfied all three requirements.

On causes of action, the petition alleges negligence, gross negligence, and premises liability based on the wrongful death of Cile Steward.

On probable right to relief, the application notes: “It is beyond dispute that twenty-seven young girls entrusted to Defendants’ care lost their lives while under that care.” The filing argues facts will demonstrate the Eastlands breached clear duties by maintaining unsafe conditions, violating Texas law by failing to maintain written evacuation plans, and relying on a “fatally flawed ‘shelter in place’ mandate.”

On irreparable injury, attorneys argue the harm is imminent because alterations are occurring now, and once evidence is destroyed it cannot be recreated.

“The physical condition of the Camp Mystic site bears directly on issues of duty, breach, and causation, and its loss would permanently and irreparably prejudice Plaintiffs’ case,” the application states.

Balance of equities

The filing argues the balance of equities “is overwhelmingly in favor of an injunction.”

Public interest considerations weigh heavily in favor of preservation, according to the application, because the case implicates public safety, accountability, and judicial integrity. Preventing premature reopening “ensures that any future use occurs only after the underlying facts bearing on safety and accountability are fully and fairly examined.”

Conversely, the burden on defendants is “limited and temporary,” the Stewards argue. “The requested injunction does not require Defendants to dismantle structures, undo completed work, or forgo lawful use of their property indefinitely. It merely requires Defendants to refrain from further alteration of existing conditions pending resolution of this case.”

Evidence already lost

The application acknowledges that some alterations have already occurred, resulting in lost evidence.

“Because the site was altered before a full inspection, Plaintiffs have been deprived of the opportunity to conduct a complete inspection,” attorneys wrote.

The filing notes that photographs are “an inadequate substitute for physical evidence” because physical inspection is necessary to measure and map potential evacuation routes, evaluate flood clearances, and assess opportunities for evacuation that existed.

“These analyses depend on accurate measurements of distances, elevations, spatial relationships, and site conditions that cannot be reliably reconstructed from photographs alone,” the application states.

‘Crime scene’ language

The Stewards have consistently characterized the Camp Mystic site as a “crime scene” that warrants preservation.

“A place where 27 children died because adults ignored warnings is not a camp. It’s a crime scene,” the original petition stated.

The TRO application reinforces that theme: “While grieving Plaintiffs search for answers in the courtroom and search crews continue to search for Cile Steward’s body, Defendants press forward with remodeling the Camp Mystic site in search of next year’s campers.”

Certificate of conference

The application includes a certificate of conference stating that on Feb. 4, Plaintiffs’ attorney conferred with counsel for defendants regarding the merits of the application.

“Defendants oppose the relief requested,” attorney Brad Beckworth certified.

The application was filed on Monday evening. Defendants have not yet been served, according to the filing.

Cile still missing

The application notes that as of Feb. 4 — seven months after the flood — Cile Steward remains one of two people still missing from the disaster.

“Recovery efforts are ongoing,” according to the filing.

The Stewards’ original petition, also filed Feb. 4, marked the 22nd lawsuit filed against Camp Mystic and the Eastland family over the July 4 flood.