Indie film reportedly denied Texas tax credit over abortion storyline

Elastic Hearts reportedly had a budget of $2.2 million, with an estimated $1.24 million in expected Texas spending. Avaz and his brother Misam Avaz, a producer on the film, applied for a grant via the Texas Moving Image Industry Incentive Program and were aware that funds are given after production. A caveat is that the Texas Film Commission can deny an application “because of inappropriate content or content that portrays Texas or Texans in a negative fashion.” Apparently, Elastic Hearts was deemed not a fit for the tax credit. The director said that their application was rejected nine months after submitting, and the money from the grant would have covered the post-production budget. According to the siblings, the formal response was vague, but they later learned that the office of Governor Greg Abbott reviewed the film privately for political content. 

In a statement to IndieWire, Andrew Mahaleris, Abbott’s press secretary, said, in part, that “the office considers general standards of decency and respect for the diverse beliefs and values of the citizens of Texas. The State does not use taxpayer dollars to fund projects that portray Texas or Texans in a negative fashion.” Lee-Stack called it blatant censorship and said the indie film “should not be controlled by politicians.” Sprouse also defended Elastic Hearts, telling IndieWire that it qualified for the state’s film incentive and if the suspected grounds for rejection are true, that’s “a constitutional violation of the First Amendment and more plainly—viewpoint discrimination.”