‘Elastic Hearts’ Filmmakers Claim Their Movie Was Denied a Texas Tax Incentive Over Abortion Storyline

Filmmaker Milad Avaz hoped his movie might ruffle some feathers and start a conversation, but he never expected it would create controversy as he was making it.

Avaz is a Danish-Iranian filmmaker based out of Copenhagen who last year shot his first English-language feature titled “Elastic Hearts.” The indie film stars Cole Sprouse, Darby Lee-Stack, Dean Norris, and Stephen Dorff, and after experiencing how many films are always fighting for competition in Los Angeles, he and his brother, producer Misam Avaz, decided to shoot somewhere else: Texas.

The location made narrative sense, too. The film follows a 19-year-old cello prodigy living in a rural part of Texas who turns to her gay, estranged older brother for help when she discovers she’s pregnant. That prompts the two of them to travel out of state to visit an abortion clinic. But “Elastic Hearts” is more concerned with grief and family coming together than abortion rights in Texas, where the procedure has been largely outlawed since 2022.

The Avaz brothers were not naive to that fact when they chose Texas as a shooting location and when they applied for a grant through the Texas Moving Image Industry Incentive Program (TMIIIP), which can net filmmakers up to a 31 percent tax credit in grant money for eligible productions. They were also not naive to Texas rules for eligibility, which award grant funds after production, not before, and which explicitly state that the Texas Film Commission may deny any application “because of inappropriate content or content that portrays Texas or Texans in a negative fashion.” But after working closely with the Texas Film Commission and Austin Film Commission for months during pre-production, they thought the credit was a sure thing.

So they were shocked to learn that after an abnormally long delay, their application was rejected; no formal reason was given in writing. Avaz claims, though, that in a subsequent call with someone at the film commission who was equally shocked, he and his brother say “Elastic Hearts” was denied a grant for political reasons following a closed-door meeting directly from the office of Texas Governor Greg Abbott. It was what was said to them at the end of the call that floored them most.

“You made a film about abortions in Texas. What did you expect?”

“It was so blatant that political influence and government elected officials had an influence on what art was being created that we were just baffled by it,” Milad Avaz told IndieWire exclusively. “I definitely think that’s why it was denied. So when you ask me, what do you think are the themes that led to this, I can tell you pretty upfront that it’s the abortion rights.”

Cole Sprouse in ‘Elastic Hearts’Anne Schwartz

Texas’ film credit program has very recently become a political football after a Texas House representative called the program a “socialist scheme” and vowed to repeal it after a star of “The Chosen” endorsed Democrat James Talarico in the looming U.S. Senate election. It’s also not the first time the Texas Film Commission has denied a credit. In 2019, Robert Rodriguez (who is about as Texan as it gets) unsuccessfully sued after his application for a grant on “Machete Kills” was twice denied.

What makes the case of “Elastic Hearts” shocking though, is how an indie film that used a largely Texan crew was not just denied but had the rug pulled out from under them after the movie was completed. Avaz feels his rejection is a chilling example of what can happen when politics influences art.

“I’m not naive. I know the outcome of this decision fits very well with the political climate, both in America and in the world right now. I just do not think we should be okay with this,” Avaz said. “I don’t think this should be something that, oh well, this is the time where political leaders decide what art is made, so we’re not going to really focus on it. This needs to be documented that we live in a time where, in our industry that is really struggling in a lot of ways, we also have to deal with the very little money available for us independent filmmakers being withheld for political reasons. We have some of our heroes in the film industry doing commercials for ‘Come to Texas, film here!’ Just don’t make it political in any way.”

“It shouldn’t be like this when you do movies,” Milad’s brother Misam Avaz said. “As a movie maker, you should have the right when you use your voice to tell something this important, you should have that freedom of speech. I think it’s a thing that we need to do something about. I asked Milad, and he had the same feeling that I had in the guts, this is not right.”

“Elastic Hearts” carried a $2.2 million budget, and the film’s application, which was filed ahead of the film’s start of production on September 8, 2025, outlined an estimated $1.24 million in planned Texas spending (Avaz said the spending was closer to $1.3 million). Avaz was informed the turnaround time for the application generally lasts 1-3 months, but they did not receive a formal response until nine months later on June 25, 2026, well after production in Texas had wrapped. The film has now already completed post-production and has submitted for consideration at Sundance and South By Southwest (if Avaz is allowed back in the state after this incident, he jokes).

Milad Avaz (left) with actor Dean Norris on set of ‘Elastic Hearts’Anne Schwartz

Avaz described the formal response via email, which IndieWire has obtained, as vague and succinct to the point that it felt like they were canceling lunch plans, not rejecting a grant worth over a hundred thousand dollars. When the application was denied and they asked for an explanation, Avaz found them unwilling to supply a reason in writing. It was not until August that they were able to get their representative from the Texas Film Commission to speak to them on the phone, at which point they were told the governor’s office reviewed the film for its political content as part of a closed-door meeting at which their rep was not permitted. When asked if they could appeal or apply again, they were told it wouldn’t make a difference.

In a statement to IndieWire, Governor Abbott’s Press Secretary Andrew Mahaleris said, “Under Texas law, the office is not required to act on every grant application and reviews each application thoroughly. In making determinations, 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.”

The written application for “Elastic Hearts” does not explicitly mention abortion as part of the film’s story but describes the film as about two siblings who, “haunted by the recent loss of their mother, and carrying the weight of unresolved grief, the two navigate a fractured relationship marked by love, guilt, and buried pain. As they move through dusty towns, desert highways, and chance encounters with strangers, the journey forces them to confront the past and redefine their sense of family.”

The application does note, however, that in addition to hiring a local crew of 40+ people, as well as about 125 background actors, “Elastic Hearts” is a “tribute to and reimagining of Texas,” one that, with some international distribution deals already secured, will have a global reach for the state’s tourism.

“The film captures the textures of rural towns, long desert roads, neon-lit motels, and the quiet strength found in the everyday rhythms of the state. With locations ranging from Elgin to beautifully made minimalistic churches, Texas becomes more than a backdrop. It is woven into the emotional and visual fabric of the story,” the application reads in part. “Texas is not just a backdrop but a central part of the film’s emotional and visual identity, influencing the tone, atmosphere, and character relationships throughout the story.”

Avaz argued too that the film’s story isn’t black and white in its ideas about abortion. It’s a movie about a young woman making a difficult decision because she knows either choice — to keep the child or terminate the pregnancy — might be right for her.

“I needed to show this place from a place of love. There was no way this was going to represent Texas in a wrong light or in a negative way because I didn’t view Texas in a negative way,” he said. “I love the place. Me and my family lived there for half a year, and we want to go back. The response I also got from the crew was that we’re doing something they felt was important and they could really stand behind this project.”

Texas Governor Greg AbbottGetty Images

“Elastic Hearts” stood to earn a credit of about $128,000, according to Misam, which came from a base credit of 10 percent based on their amount of spend, as well as a small additional credit for shooting in rural locations. The money would’ve effectively covered the post-production budget, and as a result it hurts the backend they can earn from this film and impacts their ability to start on the next project on their slate. They’re stable as a company after this, but it easily could be something that would ruin another filmmaker or first-time director.

Avaz said everyone involved was riled up based on the decision, and in statements to IndieWire, both of the stars Sprouse and Lee-Stack made that outrage clear.

“By all criteria our film qualified for the state’s film incentive, and if what we’ve been told is true, then the denial of our application is a constitutional violation of the First Amendment and more plainly — viewpoint discrimination,” Sprouse said. “Our jobs as artists often intersect with existing social and political boundaries, and it’s our duty to fight against the erasure of those suffering within this broken system. If the news of denial on these grounds is legitimate, then I’m deeply disappointed by both the cowardice of the Texas Film Commission and not surprised in the slightest by Governor Abbott.”

“Censorship. That is what it says. This is yet another attempt to control our freedom of choice and speech in the U.S,” Lee-Stack added. “This decision made by one politician on behalf of all Texans robs Texas of an opportunity to represent itself as a community of diverse thought and culture. This film is not just about one issue. At the core of ‘Elastic Hearts’ is a reflection of the state’s natural beauty and the admirable resilience of its people. Independent film — the epitome of our freedom of speech and self-expression — should not be controlled by politicians. Regardless of this attempt, I believe this film will reach who it needs to reach because it is too relevant and necessary to be stifled.”