Dallas judge rejects Paxton’s State Fair lawsuit

The Fair’s ban on guns will stand, at least for now.

Howdy, folks

A Dallas County district judge is leaving the State Fair of Texas gun ban in effect after an injunction hearing Thursday.

Attorney General Ken Paxton sued Dallas and the fair last month because the fair is now banning guns from Fair Park — excluding active and qualified retired peace officers. The fair previously allowed concealed carry.

Attorneys for the State Fair, the city of Dallas and the state made their cases in front of 298th District Judge Emily Tobolowsky Thursday. The judge’s ruling will give the losing party only days to appeal, and the fact that the State Fair is fast approaching will require the courts to move quickly.

Texas law forbids state agencies and political subdivisions — such as Dallas — from banning licensed handgun owners from carrying guns on government owned or leased property. The State Fair says it has significant control over Fair Park as part of its longstanding lease agreement with Dallas for the annual event.

State Fair attorneys successfully argued the gun ban is legal because the organization operates independently as a private nonprofit, not a government entity.

“The State Fair of Texas is not an agent of the city of Dallas,” said Jim Harris, attorney for the State Fair. “The State Fair of Texas has not been delegated any governmental powers or authority by the city of Dallas.”

Paxton’s office, meanwhile, argued that because of the agreement the fair is acting under the authority of Dallas. Therefore, the decision to ban guns from the fair is the city’s decision and that makes the ban illegal, said Ernest Garcia, chief of the administrative law division of the attorney general’s office.

“This case is about public policy and its application to public property,” Garcia said. “This is not a case about private property rights or interests.”

[…]

Jeff Tillotson, an outside attorney for the city of Dallas, said the city had no role in the fair’s decision to ban firearms from Fair Park, so the city is not liable. He argued Paxton’s lawsuit should be thrown out altogether because, among other things, the concerned citizens Dubeau mentioned didn’t make their complaints first to the city directly as required by law.

State Fair president Mitchell Glieber testified the city has no control over the State Fair’s decision making. He said the fair made the decision to ban guns in February and informed the Dallas Police Department of its decision in May.

See here and here for some background. The Statesman adds on.

Nine days before Thursday’s hearing, Paxton withdrew a legal opinion from 2016 in which he stated that nonprofit entities have the right to ban firearms on public land that they are leasing from a city. Two Republican lawmakers had requested a new analysis on a similar subject to the opinion, KP-0108, after the lawsuit was filed.

Attorneys for the city of Dallas criticized the move as “revealing” in court filings, adding that it did not change the underlying legal issues.

“Recognizing that the Attorney General’s position since 2016 has firmly landed in support of the City’s posture here, the Attorney General withdrew KP-0108—on which municipalities and nonprofits have relied on for years—with the blatant intent of changing course to obtain a different outcome here,” attorneys for Dallas-based firm Tillotson, Johnson and Patton wrote in a response brief on the city’s behalf. “Doing so only confirms that the opinion expressed therein was correct and Plaintiffs’ claims in this case are necessarily inapposite to and unsupportable by that opinion.”

[…]

Paxton’s office will likely seek to overturn Tobolowsky’s order in the new 15th Court of Appeals, which was authorized when Republican Gov. Greg Abbott signed Senate Bill 1045 in 2023. The court, which began hearing cases Sept. 1, now has exclusive statewide jurisdiction over intermediate appellate disputes over state actions and legislative constitutionality.

Paxton’s office and the State Fair of Texas did not immediately respond to the American-Statesman’s requests for comment. Karissa Condoianis, the State Fair of Texas’ senior vice president for public relations, previously told the Statesman that the fair was standing by its gun ban.

“We believe we have the right to make this decision and maintain that it is the correct decision to protect the safety of our patrons,” Condoianis wrote in an email statement Aug. 30.

The Statesman also reached out to the city of Dallas, which declined to comment on pending litigation.

However, Jeff Tillotson, counsel for Dallas, said, “We thank the Court for its careful consideration of this matter.”

The fair will take place between Sept. 27 and Oct. 20.

I suppose it’s now a question of how fast Paxton can file that appeal, assuming he does, and how fast that court can act. Longer term, of course, the Lege can and almost certainly will pass a law to remove this exception. But for now, maybe this year the State Fair will get to operate as it prefers. WFAA, the Dallas Observer, and the Trib have more.

Posted in Legal matters | Tagged , , , , , , , , , , , | Leave a comment

SUV that crashed into the Energy Transfer pipeline valve recovered

Human remains were found inside, sadly.

Deer Park city officials confirmed human remains were found in the vehicle involved in the pipeline fire near Deer Park and La Porte after it was towed away Thursday morning following the four-day-long incident that led to the evacuation of nearby homes.

Authorities said the situation has now developed into a criminal investigation, and that no further information will be released until a motive is determined and the investigation concludes.

Deer Park OEM spokesperson Kaitlyn Bluejacket said the Deer Park Police Department and Harris County Medical Examiner are preparing to begin the next steps of the investigation into how the emergency transpired at the Energy Transfer property off Spencer Highway.

[…]

Deer Park OEM officials said in a Thursday statement that Energy Transfer is working with third-party contractors to contain the fire through the installation of appropriate infrastructure. The company said the fire has had no effect on air quality, but it will continue to monitor air quality levels.

Deer Park officials lifted the evacuation order for areas surrounding the fire Wednesday at 6 p.m. Spencer Highway between Luella Avenue and East/Canada Boulevard remains closed. The Walmart on Spencer Highway reopened at 10 a.m. Thursday. Air monitoring will continue at nearby schools, including Heritage Elementary and College Park Elementary as of Thursday morning.

Lauren Brogdon, an attorney who leads Haynes Boone’s crisis management practice group, said it might be a while before answers and resolutions are finalized.

“These things often take several years, because of the investigations that need to happen and because of the exchange of documents and interviews of witnesses,” Brogdon said.

See here for some background. No details about the driver had been released as of yesterday. My condolences to their family and friends. I hope we are able to learn what exactly happened, why it happened, and what can be done to prevent it from happening again.

Posted in Elsewhere in Houston | Tagged , , , , , | 1 Comment

Ted Cruz votes against protecting IVF access

It’s right there in the headline.

Not Ted Cruz

U.S. Sen. Ted Cruz on Tuesday led the effort to block a bill by Senate Democrats that they said would protect in-vitro fertilization in America.

But on the Senate floor, Cruz blasted the Democratic bill as a cynical show vote, saying it was less about protecting IVF treatments than creating political fodder for TV commercials ahead of the November election.

“Today, unfortunately, my colleagues on the other side of the aisle are staging an empty show vote,” he said.

Cruz is facing a challenge from Democrat Colin Allred, a Dallas-area congressman who is campaigning heavily on protecting abortion rights. The debate over IVF has grown after Roe v Wade was overturned in 2022 amid concerns that abortion bans could threaten the procedure.

The bill up for debate Tuesday would mandate insurance providers cover IVF treatments, among other things.

Schumer acknowledged in a letter to Democrats days earlier that he was forcing a vote because former President Donald Trump said last month that he wants to make IVF treatments free or force insurance companies to cover the costs. His running mate Sen. JD Vance, R-Ohio, voted against the Democratic bill to do that earlier this year. Vance was not in the Senate for Tuesday’s vote.

“The American people deserve another chance to see if Senate Republicans will back up their words and vote for access to IVF or vote against it. It’s that simple,” Schumer said in the letter.

[…]

Cruz said he and Alabama Sen. Katie Britt, a Republican, have a more serious bill that would have punished any state that tried to bar IVF treatments. But when Cruz tried to bring that vote up for a vote, Democrats, who control the majority in the Senate, blocked it.

“The Democrats don’t want to protect IVF because if we pass this law, you know what, they can’t run misleading campaign commercials,” Cruz said after Democrats refused to give it a vote on Tuesday.

But U.S. Sen. Patty Murray, D-Wash., said the Cruz-Britt bill was missing important elements to assure the right to IVF was in fact protected. Specifically, she said the Cruz-Britt bill was silent on whether embryos should be treated the same as living breathing people and whether fertility clinics could dispose of unused embryos.

“It would still allow states to regulate IVF out of existence,” she argued.

Earlier this year, the Alabama Supreme Court ruled that frozen embryos used in IVF should be considered children, raising questions about how clinics could handle them and prompting several to pause services.

I get that the Democrats’ bill had things that anti-abortion zealots like Ted Cruz wouldn’t like. Too damn bad. We’re in this position because of the overturning of Roe and the push for fetal personhood by those same anti-abortion zealots. Any bill that doesn’t take that into account is not a bill that would protect IVF. Own it, Ted.

Posted in National news | Tagged , , , , , , , , | 2 Comments

Dispatches from Dallas, September 20 edition

This is a weekly feature produced by my friend Ginger. Let us know what you think.

This week, in news from Dallas-Fort Worth, we have another grab bag: a lot of election news including the failed maneuvers to keep early voting out of Tarrant County colleges; budget and tax news from Dallas, Fort Worth, and the counties; juvenile justice in Dallas and Tarrant counties; what’s going on with Fort Worth ISD after the mayor of Fort Worth called them out; trouble at UNT Health Science Center in Fort Worth as a cadaver scandal is rooted out; Robert Roberson’s shaken-baby capital murder case moves closer to an execution despite the science behind his conviction being discredited; Denton County’s shelter screws up big time; and more.

Several stories this week have warnings for what you’ll see if you click through. Please read responsibly as some of these stories deal with sensitive subjects and could be traumatizing.

This week’s post was brought to you by the music of Postmodern Jukebox. Their current tour is missing Dallas, but will be at the Tobin in San Antonio just before Thanksgiving. They give great show, so check them out!

  • Last-minute news that appeared while I was writing this post: Dallas PD Chief Eddie Garcia is retiring after 3 1/2 years, and after a promise that we’d keep his salary at parity with other major Texas Departments until 2027 so they couldn’t poach him. I wish him well but I’m worried about what this says about the dysfunction in the city’s upper management.
  • Tarrant County thought about removing universities and colleges from its list of early voting locations, but after students protested and Democratic candidates said they’d sue, the county backed down and kept all the college and university locations. The Texas Tribune has more. The Star-Telegram waded in with an editorial on the backhanded way County Judge Tim O’Hare tried to manage axing the college locations (he waited until the Democratic commissioners were out of town). And GOP Chair Bo French said the quiet part out loud: the GOP wanted those college sites closed because it improves Republican chances; see also: the Texas Tribune again. The GOP also censured Republican commissioners who voted for the college locations. The censure comes in lockstep with complaints from Republican PACs whose names you already know.
  • Having lost on the colleges, O’Hare got his way on kicking voter registration folks out of public buildings. I guess now that highs are mostly only in the 90s it’s OK to make people stand outside for hours in the sun.
  • Related: This Bud Kennedy op-ed in the Star-Telegram lays out a list of acts of malfeasance that Kennedy thinks is eventually going to cost the GOP its dominance in Tarrant County.
  • Tarrant County commissioners also gave themselves raises, along with other officials including the Sherriff, and lowered the hospital district tax rate, apparently without discussing it with the hospital.
  • Meanwhile, Tarrant County Elections Administrator Clint Ludwig publicly tested voting machines in front of concerned citizens, ballot board members, and county employees. He was hoping to convince everybody that the election will be conducted fairly and properly. Good luck with that, Mr. Ludwig.
  • The Tarrant GOP is getting its man: in the bizarre case where GOP Chair Bo French refused to seat an elected precinct chair because he claimed the guy was a secret Democrat, the Texas Supreme Court ruled that the GOP could fill the precinct chair position on a temporary basis while the actual suit continues.
  • Noncitizen voting isn’t actually happening in Texas, according to known pinko commies the Heritage Foundation.
  • Texas Monthly has a piece on abortion abolitionists, the folks who want to try women who have abortions for murder. We knew it was coming, and here they are. I mention it to you because the article talks about how this issue played out in the ousting of north Texas House rep Stephanie Klick, who was also a target over the Paxton impeachment.
  • The DMN has an explainer on which items on your ballot actually affect reproductive rights and your (in)ability to get an abortion in Texas.
  • Dallas County commissioners passed a resolution supporting trans folks and calling on the Lege to codify trans rights and stop persecuting them. Good luck with that, folks. The DMN’s headline discusses LGBTQ folks before getting to our trans neighbors in the subhead.
  • As our host noted, Richardson Democratic state Rep. Ana Maria Ramos is running for House Speaker. Good luck with that, Rep. Ramos.
  • At an event here in Dallas, the House Education Chair says vouchers are coming.
  • As our host also noted, Attorney General Paxton pulled that 2016 opinion that suggested the State Fair could ban guns because a private organization runs it. That didn’t help him with Thursday’s ruling here in Dallas County which says the State Fair can go on without guns. I expect him to have appealed by the time you read this post even if I don’t have it documented.
  • Wandering over to the City of Dallas, we passed a budget this week. The DMN has the details including an update on Skillman Library. The original budget planned to close Skillman, which is a few miles from where I live; a revised version took some funds from South Dallas, which got the DM to write an editorial on why saving a library in north (white) Dallas with funds intended for south (Black) Dallas is a bad idea. The council ended up using funds intended for east (historically Latine but gentrifying) Dallas, which is close to Skillman’s actual neighborhood, instead.
  • Related: The Texas Supreme Court forced Dallas to drop three anti-HERO proposals from the charter amendment section of the ballot in November. For those who don’t remember, this is about the three amendments Monty Bennett is sponsoring to tie the hands of the council and redirect a bunch of money into DPD’s coffers.
  • The City of Fort Worth also passed their budget.
  • The Tarrant County Appraisal District also passed their budget even though local school districts complained about it.
  • You know who didn’t pass their budget? DART, which is in trouble as member cities consider reducing their contribution. Meanwhile, a new study shows how DART spent its money in 2023 and where it went physically as well as in terms of budget.
  • The Dallas County juvenile justice scandal gets worse every time I read something about it. Now the state has found kids were illegally put in solitary confinement. See also the Texas Tribune. Meanwhile local advocates are demanding the county clean house. Good luck to them, and I mean it sincerely and not at all sarcastically.
  • Speaking of kids, Tarrant County has found an alternative to Youth Advocate Programs, which they canned beginning this month because YAP talked about diversity and equity on their web site.
  • The Star-Telegram had a piece on the life of Anthony Johnson, who died in the Tarrant County jail earlier this year. And there’s another campaign to get the full video of Johnson’s death out.
  • Meanwhile, in the matter of Chasity Bonner’s death in the Tarrant County jail, the Tarrant County DA has asked both her family and the Star-Telegram to withdraw requests for an autopsy report. He’s also requested that the Attorney General’s office withhold the report. Despite the fact that the autopsy said Bonner died of natural causes, the DA wants to withhold on grounds of an ongoing criminal investigation.
  • Unsurprisingly, Tarrant County Commissioner Alisa Simmons, who is both Black and a Democrat, and known for getting into it with County Judge Tim O’Hare, planned to meet with the Department of Justice about deaths in the jail.
  • Jumping back to Dallas, we have a DMN op-ed by a Black community leader and pastor on how ForwardDallas needs to support existing neighborhoods, especially in the historically underserved neighborhoods of the city. He specifically mentions the Little Elm-Northpark disaster where old regulations were applied to new buildings when new ones designed to protect neighborhoods would have required changes to plans or forbidden them altogether. The Dallas Free Press has a related article about how ForwardDallas has failed to help a neighborhood in far southeast Dallas where an elementary school and homes close to an industrial area can’t get traction to find out, much less, stop, whatever’s going on nearby in an industrial zone.
  • You may remember that Dallas and other cities in the Metroplex have tried to rein in short-term rentals but have been shot down by the Lege and the state judiciary. Less than a year after the Dallas ordinance limiting STRs was struck, Dallas residents with headaches from STRs have no real recourse.
  • This is a horrible story with a north Texas connection: a teenager from Stephenville was sentenced to 80 years for child porn and violent imagery, most of which he’d bullied other kids into performing and sending on Discord. Use care in reading this article: among other acts, the article refers to the injury and killing of animals.
  • Fort Worth ISD continues to generate news around its superintendent and board after Mayor Mattie Parker called them out. The board met this week to review her performance in a closed session. And the crisis generated an editorial from the Star-Telegram telling the board to get off the fence and make changes whether or not they fire the superintendent.
  • UNT is also in the news. They’re eliminating faculty groups to comply with the state’s DEI ban; eliminating in-class voter registration drives; reducing their budget to make up for rising costs and an enrollment dip; and dealing with a covert photographer at one of their gyms who’s posting pictures of women working out on a “lewd website”.
  • UNT Health Science Center at Fort Worth was the subject of an NBC News expose about their use of unclaimed bodies in Tarrant and Dallas counties without trying to contact family members. The program saves the counties money on cremation and some bodies are used in other facilities, which earns money for UNT. The story contains discussion of how bodies are used in medical research, so read accordingly. Both Tarrant and Dallas counties have torn up their agreements with the center; UNT has closed the program and fired the leadership, which is the least everybody involved could do.
  • In case you didn’t know, 2024 is the hottest summer ever and Tarrant County is in moderate drought.
  • You may remember that Hood County was having some problems with its bitcoin plant. Now the folks who run it want to expand the power plant, to the dismay of its neighbors. Inside Climate News and the Texas Tribune have more.
  • In Arlington, drillers have come back for a third bite at the apple after fracking near homes and a day care was rejected again.
  • Dallas has failed at lead remediation and the DMN’s editorial board calls it a fiasco.
  • As our host has noted, Amtrak is getting a grant of almost $64 million for that long-awaited high-speed line between Dallas and Houston. Meanwhile, north Texas leaders want a high-speed rail authority in hopes of getting rail operating both in the Metroplex and to Houston.
  • It took a few days but Grand Prairie got its water cleared of that foam we mentioned a couple of weeks ago.
  • This is pretty chilling in light of the racist lies Trump and Vance are telling about Haitians in Ohio: Popular Information explains what mass deportation would actually entail. It’s really ugly, friends.
  • The case of Robert Roberson, the east Texas father convicted of capital murder on the basis of discredited “shaken baby” science, is in the hands of the Board of Pardons and Paroles and Governor Abbott. 86 House representatives have signed a letter asking for clemency for Roberson; other supporters include author John Grisham, who says Texas is about to execute an innocent man. The execution is set for October 17.
  • Collin County’s favorite boy Ken Paxton is hiding the details of his real estate purchases from the state, and therefore from us.
  • You may remember a company called Street Cops who were going to train law enforcement in Lewisville and Collin County until it was pointed out that the training was bigoted and taught unconstitutional maneuvers. The town of Crandall in Kaufman County has a Street Cops course booked for January, but now that the Dallas Observer has alerted them to the scandal, they may cancel.
  • This Sherwood News article about regional grocery chains focuses on Texas favorite HEB and has some thoughts from Randall Onstead, formerly of Randall’s, which is now owned by Safeway.
  • This is another really upsetting story so be careful about clicking through: Denton’s animal services euthanized an elderly family pet who escaped his yard without consulting a vet and in violation of their own hold policies. Unsurprisingly, the city announced an independent review of policies and procedures at the shelter.
  • Here’s a nun update for our host: The Bishop of Fort Worth says an ‘odor of schism’ is rising between the Church and those nuns in Arlington. Specifically, they’ve rejected the authority of the order the Vatican put in charge of them and affiliated with the traditionalist (read: pre-Vatican II) Society of Saint Pius X.
  • The Oak Lawn neighborhood here in Dallas is the home of north Texas’ first affordable senior housing for LGBTQ folks. May there be many more!
  • The latest on the planned Juneteenth Museum in Fort Worth is that it’s moving from the neighborhood where Opal Lee grew up to the historic Southside Community Center, which they’re planning to purchase from the city.
  • Frisco is upgrading Toyota Stadium to the tune of $182 million, to be completed in 2028. The city council also approved incentives for mixed-use development around the stadium. It’s not my tax money so I’m not complaining.
  • My favorite area museum, the Kimbell, has acquired a long-lost painting by Artemisia Genteleschi. I’m looking forward to seeing it.
  • In sad news, local musician Joshua Ray Walker, who has been fighting cancer, is now facing lung cancer with a probably Stage IV diagnosis. I wish him well and need to drop some money in his GoFundMe, and complain again about how most folks in this country aren’t as lucky as I was with insurance to cover their cancer care.
  • Last but not least, the DMN tells us about all the State Fair food, not just the flashy finalists. And on a related note, Texas Monthly explains that until this year, the State Fair didn’t make the judges try the semifinalists before voting, which I feel like explains some things. If Ken Paxton fails on getting guns back in the Fair, maybe I’ll check it out myself.
  • Posted in Blog stuff | Tagged , , , | Leave a comment

    UnidosUS 2024 Pre-Election Poll of Hispanic Electorate

    From the inbox:

    UnidosUS, the nation’s largest Latino civil rights and advocacy organization, today released findings from its 2024 Pre-Election Poll of Texas’s Hispanic Electorate. The data shows that the top five priorities for Texas Latino voters, two months out from the election, are dominated by economic concerns, with inflation and wages as the top two priorities, and healthcare costs as the fourth priority. Immigration was the third priority, and abortion and crime/gun violence tied for the fifth priority. Poll results, as well as upcoming additional Congressional district-level data for the Latino voting-age population provided by the USC Center for Inclusive Democracy, can be found in UnidosUS Hispanic Electorate Data Hub, launched last November to advance a more accurate understanding of this electorate.

    • See a slide presentation of poll toplines here.
    • Check out the interactive Hispanic Electorate Hub here.
    • A video recording of the virtual briefing discussing the poll results will be available here.
    Eric Holguin, UnidosUS’s Texas state director, said, “From their pocketbooks to their healthcare to immigration, Texas Hispanic voters are focused on living a prosperous life regardless of one’s background or origin. While some may be trying to divide Texans on issues like immigration, Latinos believe in a balanced approach that advances legality, particularly for those deeply rooted in our communities, and punishes traffickers and smugglers preying on people’s desperation. Texas can be a thriving place for all, and Hispanic voters want our leaders to reach out and work with our communities on real solutions rather than playing partisan politics.”
    Key Findings Include:
    On the issues
    • Texas Latino voters’ top five issues are largely consistent with Latinos across the country and continue to be dominated by pocketbook and economic concerns.
    • Inflation: Food and basic necessities, housing/rent and gas prices are driving concerns about inflation.
    • Jobs: Better pay and concerns about job security top the concerns about jobs and economy.
    • Immigration: Path to citizenship for immigrants brought to the US as children, and cracking down on human and drug traffickers are tied for the top concerns.
    • Healthcare: Costs of insurance and medication are the driving concerns.
    • Abortion: Latino voters are concerned that abortion bans put women’s health and lives at risk.
    • Crime/Gun Violence: The top concern is that guns and assault weapons are too easy to get.
    • On immigration, the top priorities are a path to citizenship for long-residing undocumented immigrants and cracking down on human smugglers/drug traffickers.
    • On abortion, by a 65% to 24% margin, Latinos in Texas consistently oppose making it illegal or taking that decision away from others, no matter their own personal beliefs.
    On voting
    • In 2024, 26% of Latinos in Texas will be voting in their first presidential election.
    • 38% of the Texas Latino electorate is new since the 2016 presidential election.
    • While a majority of Latinos are certain they will vote, many are still deciding.
    • Early outreach is key: 33% plan to vote early, 28% by absentee ballot and 39% on Election Day.
    • 52% say they have not been contacted this cycle by either party or any campaign.
    On the parties and candidates
    • On priority issues overall, Democrats are more trusted than Republicans, but 23% of Latino voters responded “neither,” “both” or “don’t know” when asked which party would be better at addressing their priority issue.
    • In the Senate race, Democrat Colin Allred holds a +20-point lead in support from Latino voters over Republican Ted Cruz: 51% to 31%
    • Vice President Harris holds a +23-point lead in support from Latino voters over former President Trump: 57% to 34%.
    Dayana Iza Presas, Mi Familia en Acción’s Texas state director said, “These findings mirror the concerns of our communities in Texas. From conversations with community members, the rising cost of living remains an area of uncertainty that requires urgent attention from the next administration. On immigration, families continue to live in a state of limbo where they face constant legal attacks and lack of security while still having to pay high renewal fees. Mi Familia en Acción is ready to mobilize. We are launching our electoral program to activate Latino voters that have yet to be contacted and encouraged to vote. We are making sure that in this election new voters receive the support that they need to make their voice be heard.”
    Conducted by BSP Research with oversamples in Arizona, California, Florida, Georgia, Nevada, North Carolina, Pennsylvania and Texas, the 2024 Pre-Election Poll of the Hispanic Electorate provides a more accurate and nuanced understanding of this decisive, but often misunderstood electorate, and serves as a follow-up to UnidosUS 2023 Pre-Election Poll.
    About the survey:
    Total N=3,000 Latino eligible voters
    • N= 2,800 registered.
    • N= 200 eligible, not registered.
    • Margin of error +/- 1.8%.
    Oversamples
    • N=300 per: Arizona, California, Georgia, Nevada, North Carolina, Pennsylvania (+/- 5.7%).
    • N=400 Florida, Texas (+/- 4.9%).
    Field Dates: August 5-23, 2024
    • English or Spanish, according to preference.
    • Mixed mode: 75% online, 25% live telephone interviews.

    I got to see a presentation of the data, which was quite good. Check out the slide pack for everything they covered. I admit I held my breath a little as they were coming to the Presidential and Senate numbers, but overall I was happy with them. I asked the question after the presentation what were the numbers from 2020 for the poll respondents, and was told it was 48-33 for Biden (remember that a significant portion of the sample is new voters), so this is an improvement from then. I am hopeful.

    The clear message from this poll is that both parties do a lousy job of outreach to Latino voters. Hardly breaking news, I know, but you’d think after all this time we’d be better at it. One other big takeaway was that younger voters were less connected to either party; this was true across the board, not just in Texas. Some of that may just be the usual matter of electoral politics being less relevant to younger people, that wasn’t something that was explored in greater depth. It’s both an opportunity and a threat, and echoes the first point about inadequate outreach. Like I said, we really ought to be better at this.

    Anyway. This is as always just one poll, and one should be very careful about what inferences one draws from a single poll. I will note that most general purpose polls of Texas will have a smaller subsample of Hispanic respondents than this poll had, so do keep that in mind if you see another poll with a significantly different result for Hispanic voters. Doesn’t mean the other poll is wrong, but the error bars will be wider. The Texas Signal, who was also on the call, has more.

    Posted in Election 2024 | Tagged , , , , , , , , , , , | 2 Comments

    Whitmire plays his greatest hits

    Mayor John Whitmire gave his first State of the City address this week. Here’s the preview story for what we were to expect.

    Mayor John Whitmire

    Mayor John Whitmire will lay out his administration’s priorities during his inaugural State of the City address next Tuesday.

    The Mayor’s Office announced Friday that Whitmire is scheduled to deliver his speech at a luncheon hosted by Houston First Corporation and the Greater Houston Partnership, where he will discuss his plans to promote the city’s economic growth and quality of life.

    […]

    Whitmire will “offer his insight on the city’s key challenges as well as strategies to successfully shape Houston’s future” during the Tuesday luncheon, the announcement said. The mayor recently said he would rather cut expenditures than raise the property tax but has not specified how he plans to reduce spending. Other city officials warned that cuts of this magnitude could affect essential services like libraries and garbage collection.

    OK cool. There’s always some amount of highlighting and celebrating the key achievements along the way, along with the message about how we will build on those and what we plan to do next. Sounds good. And then we got this.

    In his first State of the City address on Tuesday, Mayor John Whitmire mostly stuck to the past, whether it be his accomplishments on his road to becoming Houston’s mayor or the perceived failures of the past administration.

    The mayor spent the first 30 minutes of his nearly 45-minute chat in front of more than 1,600 audience members at Hilton Americas taking questions about his time prior to being Houston mayor. Moderator William F. McKeon, the president and CEO of Texas Medical Center, flashed photos from the mayor’s childhood, his hometown of Hillsboro and some during his time as dean of the Texas Senate on the screen, at one point asking Whitmire to identify the shape of inkblots to prove the mayor was speaking off the cuff, before finally asking a question on city and county collaboration.

    Whitmire took questions about some of the biggest top-of-mind issues surrounding the changes has made in his eight months in office so far after the address.

    His administration has said repeatedly it inherited a bevy of issues when he took over this past January.

    Whitmire’s team made a gamut of changes to fix some of those issues. The mayor made due on his promise to the fire union and settled the more than $1.5 billion deal, and he proposed and passed a new budget that included no tax hikes for city residents or extra fees.

    Yet as financial concerns rise, the mayor in his Tuesday talk did not address topics surrounding the impact of his changes – like how his administration will pay the $1.5 billion fire settlement or plans to potentially raise taxes to offset damages incurred from Hurricane Beryl, among others.

    One upcoming change he teased out in his talk and elaborated on to reporters after the event was a plan to open navigation centers around the city with Housing Director Mike Nichols and homeland security director Larry Satterwhite to help get the city’s unsheltered population off the streets.

    He also reiterated that he wasn’t going to raise taxes until his administration had done the best it could to eliminate waste, duplication and corruption.

    “Property taxes right now is not on my agenda,” Whitmire said. “Property tax increase is not something I have scheduled because, quite frankly, you have to look at the totality of the picture with the HISD bond, with the Harris County drainage maintenance fee.”

    And as far as his next four months go, he said the city needs to work on resilience and building its public safety sectors, as well as dealing with its water supply.

    The mayor did not give a timeline for when he would roll out a plan to address city finances, but the deadline to make any change is Oct. 28.

    “We got some time,” Whitmire told reporters.

    OK then. I guess the State of the City address wasn’t the time to talk about that.

    I do want to address the property tax situation, because last week we got this.

    Following widespread damage from Hurricane Beryl and the May derecho, Mayor John Whitmire’s administration is considering higher-than-usual tax rate hikes to pay for nearly $40 million in recovery costs.

    The two disasters have left Houston with an estimated bill of $211 million, which includes the costs of debris removal, emergency efforts like flood mitigation, as well as repairs to local roads, buildings and utilities, according to finance director Melissa Dubowski.

    The Federal Emergency Management Agency is anticipated to cover about three-quarters of the cost, or $158 million, leaving the city responsible for the remaining $53 million, Dubowski said. Of the city’s share, about $40 million will come from the general fund, primarily supported by tax revenue, and $13 million will come from other funds tied to specific operations like airports.

    Houston already faces a $160 million budget shortfall for the fiscal year that began in July, and the city’s recent agreement with the firefighters union is expected to put further strain on its finances.

    To avoid further budget cuts and cover the $40 million from disaster-related costs, the city would need to raise the tax rate by at least 3.2 cents per $100 of property value, Dubowski said. For the average owner of a homestead property, this would mean an annual tax bill increase of about $166 from the current tax year.

    Mary Benton, Whitmire’s spokesperson, said the mayor’s current priority is to reduce expenditures and avoid raising taxes. She noted that Whitmire is prepared to push the City Council to reduce the budget but did not offer specifics about his planned reductions.

    Council Member Sallie Alcorn, chair of the Budget and Fiscal Affairs Committee, said it might be challenging to find sufficient budget cuts without impacting essential city services.

    “Nobody likes to raise a tax rate — we’ve been lowering it for 10 years — but we’ve also been hearing complaints about city services in decline for several years,” Alcorn said during a Monday committee meeting. “We scrubbed the budget as much as we could. … If we’re talking about additional cuts, we’ll get something like the library budget, the solid waste budget.”

    […]

    As a result of the city cap, Houston has had to cut its tax rate in nine of the last 10 years, from 63.88 cents per $100 of property value in 2014 to 51.92 cents in 2024. Altogether, the restriction has led to $2.2 billion in lost revenue over the past decade, and Houston’s current tax rate is lower than that of all major Texas cities except Austin, according to Dubowski.

    City and state laws, however, allow exceptions in the case of a declared disaster. So far this year, Gov. Greg Abbott has issued three disaster declarations for Harris County — one for flooding in April, another for the May derecho and a third for Hurricane Beryl in July. This gives Houston the option to significantly raise its tax rate.

    On Monday, Dubowski outlined several tax rate scenarios for the upcoming tax year. At the lower limit, if the city keeps the current rate, it would need to cut an additional $86 million from its budget. At the upper limit, if the city adopts the maximum rate legally allowed under disaster exceptions, it could not only avoid cuts but also generate a $79 million surplus, which Dubowski said could further help fund disaster recovery efforts.

    The finance director emphasized the tradeoffs between tax savings and service delivery.

    “People want more done with their garbage collection. They want to have public safety as a priority with more officers. We saw the lack of having a contract with the fire department for so many years,” Duboswki said. “There’s both sides of the same coin. Yes, you had a lower bill, but your services have been impacted as well.”

    The disaster exceptions, officials said, offer an opportunity for the city to restore some financial stability. Houston invoked the same exceptions to collect more revenue after the Memorial Day Flood in 2015, the Tax Day Flood in 2016 and Tropical Storm Imelda in 2019. It did not do so after Hurricane Harvey in 2017, Dubowski said, when the city received more financial support from the federal and state governments.

    Yes, I know, no one likes paying higher property taxes. I’m a homeowner, I’ll feel the effect of any hikes. But I don’t see how going another $40 million in the hole is in any way “fiscally responsible”. We have this one time opportunity to not only pay for the damages caused by two major storms, but also generate a little extra revenue beyond that, which among other things could be a down payment on the pay raise we’re giving the firefighters and the police. But sure, keep looking for waste, and no rush telling us what in the budget you’d cut.

    Oh, and in regard to the concern about the HISD bond referendum: Assuming it does pass, which is not a bet I’d make, HISD swears that it won’t involve a tax increase. There is a reason why that’s a credible claim, which is that HISD has basically paid off the 2012 bond by now, so there’s room in the budget for the next bond payments. That’s a subject I explored in a forthcoming interview with proponents of the bond; look for that soon.

    Posted in Local politics | Tagged , , , , , , , , , , , , , , | 2 Comments

    We could have already had charges against Ken Paxton by now

    This is frustrating, but if we do get there in the end it’ll be all right.

    Still a crook any way you look

    Federal prosecutors in Texas had drafted bribery and obstruction charges against state Attorney General Ken Paxton (R) before the US Justice Department took over the case in early 2023, according to a person familiar with the investigation.

    Now almost two years later, the probe into Paxton’s alleged bribery and misuse of office has continued, including in a recent deposition of Aaron Reitz, Paxton’s former deputy for legal strategy and now Texas Sen. Ted Cruz’s chief of staff, another source said. Appearing before a grand jury on Aug. 6 in Austin, Reitz answered prosecutors’ questions about Paxton’s termination of whistleblower employees in 2020, a source said.

    Reitz’s testimony shows that prosecutors are moving forward in interrogating Paxton aides after a federal appeals court ruled in June that they must testify because they aren’t entitled to attorney-client privilege.

    Prosecutors haven’t announced any charges in the almost four-year-old probe.

    Before the Justice Department took control last year, San Antonio-based prosecutors led the investigation for more than two years. The prosecutors were awaiting approval from the Justice Department to present the charges to a grand jury when the higher office took over, the source said, adding that the reason for the switch in teams is unclear.

    Ashley Hoff, then-US Attorney for the Western District of Texas, declined to comment.

    The decision to subpoena Reitz shows prosecutors are interested in allegations that Paxton, a three-term Republican, violated the federal Whistleblower Protection Act in firing employees who made a complaint against him to the FBI.

    Reitz helped prepare an internal office report that examined allegations from the fired employees that Paxton engaged in bribery with a friend and concluded Paxton had done nothing wrong, according to an email used as evidence in Paxton’s impeachment trial last year. Reitz is quoted in a report used in the trial saying the aides were fired for “holding the agency hostage,” with poor work habits, not for the FBI complaint.

    Reitz didn’t respond to multiple requests for comment, nor did the Justice Department. Cruz declined to comment on Monday, referring questions to a spokesman who did not return requests for comment.

    See here, here, here, and here for the latest stories in this long-running saga. If there was news about that Fifth Circuit ruling in June, I either missed it or didn’t get around to noting it. For what it’s worth, I heard some gossip about the federal prosecutors in Texas being ready to bring charges, sometime after the Justice Department took over the case. There were certainly reasons to think this meant the case was going to be buried, but it doesn’t appear that is what happened. Good thing, as this may be the only way we ever get to hold Paxton accountable for anything. That said, it’s all theoretical until indictments are unsealed. Keep hope alive. Thanks to Campos for the catch.

    Posted in Crime and Punishment | Tagged , , , , , , , , , , , , | Leave a comment

    Texas blog roundup for the week of September 16

    The Texas Progressive Alliance is still catching up on all the cat memes as it brings you this week’s roundup.

    Continue reading

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    Travis County files its own lawsuit over its voter registration efforts

    Counterpunching.

    Still the only voter ID anyone should need

    Travis County officials sued Attorney General Ken Paxton and Secretary of State Jane Nelson on Tuesday over the state’s attempt to block attempts to sign up more voters ahead of a hotly contested presidential election.

    The new federal lawsuit escalates a pre-election war between Republican state officials and Democratic urban county leaders over voter registration efforts and accuses Texas officials of violating the National Voter Registration Act. Developments in the ongoing battle continue unfolding as the Oct. 7 deadline to sign up to vote looms.

    “Today, Travis County, once again, fights back,” Travis County Attorney Delia Garza said during a press conference Tuesday.

    […]

    Garza said the new legal filings transfers Paxton’s state lawsuit to federal court. Travis officials are asking the federal court to allow them to continue sending out voter registration applications. The filing came one day after a judge denied Paxton’s request to block Bexar County, home to San Antonio, from mailing out voter registration applications to its residents. The court found no reason to grant the request since the county had already mailed out the forms. Bexar County is also strongly Democratic.

    Travis officials allege Paxton violated Title 52 of the Voting Rights Act by trying to prevent them from carrying out their duties to promote people’s right to vote. They accuse Nelson of doing nothing to stop Paxton’s alleged unlawful conduct. They argue that the state law not only allows them to send out the applications, but also encourages them to do so.

    Garza pointed out that a state law provision states that local governments can be reimbursed for mailing out voter registration applications to its residents.

    See here for more on the Paxton lawsuit against Travis County, and here for more on what happened in Bexar County. I’m always happy to see someone take the fight to Ken Paxton, but I’m also always nervous about any voting rights litigation in the federal courts, for all the obvious reasons. I have no reason not to trust the Travis County folks – they know better than I do what they’re doing and I’m sure they understand the risks involved – bit I’m still nervous. I will of course keep an eye on this. The Statesman has more.

    Posted in Legal matters | Tagged , , , , , , , , , , , , , , , | 1 Comment

    The Energy Transfer pipeline fire

    This is never a good thing:

    A fire visible from outer space. Not what you want.

    There’s lots of coverage of Monday’s fire out there. I’d like to focus on this story about one aspect of it.

    The gigantic plume of fire that shot up from a pipeline might have been sparked after an SUV crashed through a parking lot fence and hit an above-ground pipeline valve, Deer Park officials said Monday evening.

    The development added new insight and more questions into the series of events that caused a fire that led to the evacuation of neighborhoods in Deer Park and La Porte as natural gas from the pipe burned for hours.

    The crash happened around 10 a.m. Monday. Officials said a white SUV broke through a fence on the west side of the Walmart Supercenter lot on Spencer Highway in La Porte.

    The SUV continued driving through the field until it hit the pipeline, officials said. The field contained a vertical part of the pipeline that stuck up out of the ground and was surrounded by a fence.

    Officials said they were still investigating other details about the SUV, including what happened to its driver.

    In a news release Monday night, Deer Park city officials said police and the FBI did not believe the crash was an act of terrorism and called it an “isolated incident.” They did not provide any more information.

    Okay, first of all I hope the driver is OK, though to be honest I’m not sure how one might survive this experience. Be that as it may, what I really want to know is, how did this happen? Like, was that valve someplace where it might potentially be driven over? The story says the SUV “broke through a fence on the west side of the Walmart Supercenter” (you can see an initial statement from the city of Deer Park here). Not the strongest of fences, I guess. Was there a barrier around the valve? Any other protection for it beyond that apparently flimsy fence? Maybe going forward there ought to be. Are there other valves like this one out there, with similarly suspect protection?

    It may be that this was a true fluke, a one in a million shot that could not have been reasonably anticipated or prevented. All I’m saying is, let’s investigate that and figure it out. I’m sure the pipeline company will do its own investigation – this couldn’t have been good for their business, after all – but we need the cities of LaPorte and Deer Park, Harris County, and the state of Texas to do the same. They’re the ones that can see what the broader risk is and do something to mitigate it. It’s early, the fire is still burning as I write this, so one can expect something to happen in due time. I’m just putting this out there, because we ought to hear about it and learn what the investigations uncover. That’s all I’m asking.

    Posted in Elsewhere in Houston | Tagged , , , , , | 4 Comments

    Endorsement watch: Catching up

    The Chron has been doing endorsements a few days a week, one at a time, in no particular order. Here are three recent ones, to catch up a bit.

    CD22: Marquette Green-Scott

    Marquette Greene-Scott

    Marquette Greene-Scott says she never got to know the version of her father that her older siblings remember growing up in Louisiana — the active, loving parent who would walk his kids to school, provide for his family and do “everything that a father would do.”

    The father she knew was the man who came back from fighting in the Vietnam War a shell of his former self: traumatized, irritable and abusive. That experience has shaped Greene-Scott’s advocacy for veterans and their families, an issue she has made a pillar of her long-shot Democratic campaign against incumbent Republican U.S. Rep. Troy Nehls.

    “It’s so important to me that we understand the sacrifices that military families make,” she told the editorial board. “I sacrificed my father for this country, nobody’s going to tell me I’m not patriotic.”

    Greene-Scott’s perspective is an interesting contrast to Nehls, 56, an Army veteran who served in Afghanistan and Iraq and is running for his third term in Congress.

    While that experience would seemingly give him an edge on veterans issues, Nehls has come under fire for wearing a Combat Infantryman Badge that he allegedly didn’t earn. A CBS News investigation found that Nehls’ Combat Infantryman Badge for his service in Afghanistan was rescinded due to the fact that he served as a civil affairs officer and not as an infantryman or Special Forces soldier. Yet Nehls continued to wear his Combat Infantryman Badge pin on his suit jacket, sparking accusations of “stolen valor” from several House Republicans, including U.S. Rep. Wesley Hunt, his colleague in the Texas delegation and an Iraq war veteran.

    While Nehls finally stopped wearing the pin in June, rather than take accountability, he blamed the “dishonest media.” For Greene-Scott, 53, Nehls wearing a medal he wasn’t awarded personally offends her. Her father was a combat infantryman and “suffered as a result of it,” she said.

    My interview with Marquette Green-Scott from the primary is here. She’s a fine candidate, she would be a breath of fresh air after a one-note wingnut like Rep. Troy Nehls. She hasn’t raised much money, which is unfortunate. CD22 is not likely to be competitive, but I hope it will show some improvement from 2020 and maybe put itself on the “districts to watch” for the future list.

    HD132: Chase West

    Chase West

    In May, Katy-area state Rep. Mike Schofield shared a message on his Facebook page saluting teachers’ “tireless efforts” as part of Teacher Appreciation Week. His otherwise sleepy page with posts from chambers of commerce gatherings, holiday celebrations and charity events earned just as many thumbs up as it did angry and laughing emojis.

    The Republican incumbent has voted in support of “vouchers,” the concept of paying Texas parents public money to send their kids to private schools. In a session where increased public school funding was largely derailed by Gov. Greg Abbott’s obsessive quest to bring vouchers to Texas, Schofield’s appreciation of teachers came up a few dollars short.

    That’s not to say he did nothing for education last session. He reached across the aisle to co-author a bill with state Rep. Jon Rosenthal, D-Houston, that would’ve allowed benefits for retired teachers to at least keep pace with inflation. Instead, they got a one-time, cost-of-living bump thanks to a generous state budget surplus.

    Perhaps the most notable law he championed was a bill that returned Harris County’s elections to the county clerk, doing away with the short-lived, and troubled, county election administrator position. While some worried the bill was a partisan effort to meddle in local autonomy over elections, we believe restoring the elections to the capable hands of the Harris County clerk, Democrat Teneshia Hudspeth, has been a positive change so far. Schofield, 60, was also part of the sponsor pile-on that pushed through restrictions and penalties on “sexually oriented” performances. Beyond that, his record of recent successes skews far wonkier and niche.

    When Democratic challenger Chase West looks at Schofield’s record, he sees a legislator divorced from the concerns he hears most while campaigning across the 132nd District, including education.

    West has run before but, this time, with experience as a substitute teacher in Katy ISD, the 42-year-old said he’s really focused on helping struggling public school districts. In nearby Cy-Fair ISD, the budget tightening has tilted toward the extreme: deep cuts to the district’s librarians and fewer bus routes that have left some students walking much farther to get to school.

    “There are kids that are walking up to 2 miles to and from school in the heat, rain, whatever,” West told the editorial board. He’s even gone to the school board meeting to share his concerns.

    Our schools and students shouldn’t be in this position, West says. We agree. Teacher Appreciation Week should last longer than a week.

    I interviewed Chase West for the 2022 primary, which you can listen to here. HD132 was made more Republican in the 2021 redistricting, and wasn’t particularly close in 2022, but I do expect things to be better this year. West has raised a little bit of money; with a good third quarter he could have enough resources to run something resembling a campaign. This district could be interesting in a strong Democratic year, but as with CD22 I’ll be hoping for an improvement to make it more of a target down the line.

    HD150: Marisela Jimenez

    Marisela Jimenez

    Texas House District 150, which includes Spring and Klein, has been solidly Republican since it was created in the early 1980s. Just three representatives have filled the seat, including incumbent Valoree Swanson. The Spring area lawmaker won her most recent election with roughly 61% of the vote.

    But Democrat Marisela “MJ” Jimenez still sees an opportunity.

    “The community is radically different,” Jimenez said of the four-decade-old district, “not just demographically, but economically.”

    A naturalized citizen born in Mexico, Jimenez, 47, wants to represent people she feels are currently left behind in the increasingly diverse area. Having lived all over the country, the management and public administration professional has a varied background working for private, government and nonprofit entities, including reporting to high-ranking military officers on a base in Hawaii. She moved to the district only four years ago but says it was her experience elsewhere that allowed her to see what she and her neighbors in unincorporated communities were missing out on as they dealt with aging infrastructure, underfunded schools and public safety gaps.

    “That’s not what I was used to,” Jimenez told the editorial board.

    Even though a state representative has limited jurisdiction to directly provide the services Jimenez highlighted as lacking, she argued that as the face of the district, a lawmaker’s ability to collaborate with other officials to get things done can make a difference at the local level.

    She’s never held elected office and, in conversation, seemed a little light on the ins and outs of the legislative process that could help advance her agenda: funding public schools, advancing women’s reproductive rights and reforming immigration policies, among other priorities.

    We believe she’s still a better candidate for the district than the incumbent, who has spent too much of her four terms in office advancing what we called a “divisive, even dangerous” agenda in the 2022 primary.

    Jimenez was unopposed in the primary and I confess I had paid no attention to this race before I read this endorsement op-ed. Swanson, who like the other Republicans in these races didn’t show up for the endorsement interview, is a wingnut’s wingnut, who won her seat by out-crazying Debbie Riddle. HD150 is not competitive, though as with the rest of Harris County not nearly as red as it once was. That may someday catch up to Valoree Swanson, but this is not the year that will happen. I wish MJ Jimenez all the best, she’s doing good work in a tough district.

    Posted in Election 2024 | Tagged , , , , , , , , , , | 2 Comments

    Too late, Kenny

    Hilarious.

    Still a crook any way you look

    Attorney General Ken Paxton’s office sought a temporary restraining order to stop Bexar County’s hired vendor from mailing out unsolicited voter registration forms — but lawyers for the county said Monday morning that it was too late, they’ve already been sent.

    Bexar County Commissioners approved a contract with Civic Government Solutions LLC, on Sept. 3 to mail prefilled voter registration applications to 210,000 potential voters ahead of the 2024 presidential election. The voter registration deadline for that election is Oct. 7.

    Though the move drew an immediate lawsuit from Paxton, who argued Bexar County didn’t have the authority for such a program, his office never showed up to request a temporary restraining order roughly 10 days ago.

    When lawyers for the opposing sides finally went before a judge on Monday morning, Bexar County Assistant Criminal District Robert W. Piatt III, said the letters had already been sent last week.

    “Your Honor, no one can be enjoined from the mailing of voter registration applications at issue today because those applications have already been mailed,” Piatt said. “As we speak here today… the target of the mailing — qualified individuals who recently moved to or within Bexar County — have received those forms, and perhaps have already returned them.”

    On Monday, the state’s representation filed an updated request roughly three hours ahead of the scheduled hearing asking that no additional letters go out.

    […]

    Judge Antonia Arteaga in the 57th Civil District Court twice recessed the hearing for the lawyers to discuss the case, and to call [Bexar County Elections Administrator Jacque] Callanen and summon her to the hearing. She arrived just as it was ending.

    Arteaga denied the state’s request, agreeing with the county that there was no reason to issue an injunction since the contract had been completed.

    “If there are no further mailings to go out, there really is no more relief that’s necessary,” Arteaga said.

    See here and here for the background. I’ve never thought much of Ken Paxton’s lawyering – he does well when in front of a handmaiden judge or panel of justices, as anyone would, but has never achieved a truly big win in front of a more neutral court – but I usually credited him with being able to turn his homework in on time. This is just embarrassing, a total unforced error that any first-year law student ought to be able to avoid. I can’t stop laughing.

    I suppose there could be some legal shenanigans later in the process related to this, like challenging particular votes or groups of voters. While I’ve no doubt that Paxton still has plenty of dirty tricks in his bag, I can’t borrow trouble and worry about the what-ifs now. He’s gonna do what he’s gonna do, so let’s enjoy it when he screws up. Hey, Travis County, did you send your stuff out before Paxton could get off his butt, too? I sure hope so. The Trib has more.

    Posted in Legal matters | Tagged , , , , , , , , , | 2 Comments

    Spring Branch ISD single member district lawsuit trial concludes

    Now we wait.

    The federal trial between Spring Branch ISD and a parent alleging the district violated the Voting Rights Act sheds light on what the plaintiffs characterized as vast inequities fueled by a lack of elected representation from the district’s northside.

    Cross-examinations between the plaintiff Virginia Elizondo’s lawyer, Barry Abrams, and three Spring Branch ISD trustees grew tense Thursday and Friday as Trustees Chris Earnest, John Perez and Courtney Anderson advocated for the at-large system the district uses that allows voters to cast ballots for all seven seats on the school board.

    That system, the plaintiff’s side argued, dilutes the Hispanic vote from the north side of the district, a population that encompasses more than half of Spring Branch ISD’s students and forms a majority of the voting-age population in at least one single-member district.

    Perez, a Hispanic trustee elected in 2022, fervently denied that claim.

    “There is no one lived experience of Hispanics in the district,” he said. “A single Hispanic isn’t going to be able to walk in and understand the tapestry of Hispanic lived experiences… You’re looking at ideologies and political factions across the Hispanic community that no single person is going to say ‘I have the unified banner.’”

    He also took offense to the term “token Hispanic,” which the judge and the plaintiff used to describe his position and asked the plaintiff to apologize “on behalf of the district.”

    Earnest, who along with Perez and Anderson represents himself as a conservative and ran on a platform of conservative values, said that he believed the at-large system “forces you to consider what’s best for the entire district as opposed to what’s best for my kids.”

    When the board voted earlier this year to make $35 million in budget cuts, for example, he decided to eliminate Stratford High School’s block schedule, a decision that upset many of his friends with children at the school, but he believed was best for the district overall.

    This particular round of budget cuts was heavily scrutinized during the proceedings, because all schools closed were on the north side. The district has said that was because of inefficiencies in those campuses, but Abrams countered that, saying that there was less discussion about the school closures on the north side than about aligning high school schedules across the district.

    He implied during questioning with witnesses that this may have been because there was no representative on the board from the north side, and that north side voters, according to elections expert and Rice University professor Bob Stein, did not prefer a single candidate sitting on the board, providing a lapse in representation across a “divided” Spring Branch ISD.

    See here for the background. The story has a lot of detail from the last day of the trial, so do go read the whole thing. One comment I’ll add, about the “surprising turn” on the last day in which two Poli Sci professors from Rice testified, one each for the plaintiffs and defendants, is that that was nothing new. I don’t know how often Bob Stein serves as an expert witness for these matters, but John Alford has been a consultant for Republicans and an expert witness for VRA defendants since at least the 2003 Tom DeLay re-redistricting. His history may extend farther back, but that’s as far back as I go in following this sort of thing. Anyway, you can expect the verdict to take several months to be delivered, you can expect it to have an effect on the other lawsuits in the pipeline, and you can expect it to be briskly appealed.

    Posted in Legal matters | Tagged , , , , , , , , | 1 Comment

    How about a Dem for Speaker?

    Ana-María Rodríguez Ramos, come on down!

    Rep. Ana-Maria Ramos

    A Texas House Democrat is joining the crowded field to challenge Republican Rep. Dade Phelan, R-Beaumont, for the speakership.

    Rep. Ana-María Rodríguez Ramos, D-Richardson, told The Texas Tribune she felt energized to run for the leadership post after attending the National Democratic Convention and speaking to grassroots activists around the state.

    “Michelle Obama stated a call of action and said, ‘Don’t sit around and complain, do something,’” Rodríguez Ramos said. “So I decided to run for speaker of the House.”

    Democrats are the minority party, with 64 seats in the 150-member Texas House, so Rodríguez Ramos faces an uphill battle. Despite that, Rodríguez Ramos is confident that Democrats can flip the house this November.

    “We need every voter to not only come out and vote for the national level,” Rodríguez Ramos said. “But also vote to change this extremist agenda that’s been advancing here in Texas.”

    She said Democrats are unified with her, unlike state Republicans.

    […]

    Phelan won the gavel in 2021 and again in 2023 with widespread bipartisan support. Rodríguez Ramos, who voted present, was the only Democrat to not vote for Phelan in 2023.

    “It’s not his personality; it’s his politics,” she said.

    Rodríguez Ramos said the contested speakership race shows how chaotic Republicans have become. She pointed to Republicans’ legislative priorities, which she said don’t represent all Texans, and compared the State GOP priorities to “Project 2025.”

    “I am the right Democrat to help us as we stop this extremist agenda,” Rodríguez Ramos said.

    New day, new Speaker candidate, it seems. To review the bidding again, Rep. Ramos joins Tom Oliverson, Shelby Slawson, David Cook, James Frank, and Rep. John Smithee in the ring. While I would call it a longshot for Dems to regain the majority, as there are many seats that would need to be won, mostly in majority-Trump places, and a smaller number of Dem candidates who have the financial support to mount serious campaigns, it is not unprecedented for a Dem in similar circumstances to give it a shot. Rep. Senfronia Thompson has done it twice before, in 2006/2007, and again in 2020. For obvious reasons, she’s at the top of my list, but she’ll need a lot more support than that. I wish her all the best.

    Posted in That's our Lege | Tagged , , , , , , , , , , , , | 1 Comment

    Interview with Lindsay London of the Amarillo Reproductive Freedom Alliance

    I have written a couple of times about the Amarillo Reproductive Freedom Alliance, which was formed earlier this year to fight the so-called “Sanctuary Cities for the Unborn” proposition that is on the city of Amarillo’s ballot this November, after its zealots failed to get it approved by City Council. This is one of the unfortunately too many abortion travel bans that have been passed in various Texas and now New Mexico towns, for the purpose of making people who might seek an abortion trapped and unsafe, as well as anyone who might help them. It’s based on SB8, the vigilante bounty hunter law as well as a belief in the Comstock Act, and ought to be easily declared unconstitutional, though one never knows in Sam Alito’s America. The best way to solve a problem like that is to prevent it from becoming one in the first place, which is ARFA’s mission. I’ve wanted to talk to them ever since I learned of their existence. Now you can listen to my conversation with one of ARFA’s co-founders, and then go click on their link and give them a hand.

    PREVIOUSLY:

    Erica Lee Carter, CD18 special election
    Sylvester Turner, CD18 general election

    Posted in Election 2024 | Tagged , , , , , | Leave a comment

    More on Paxton versus the State Fair

    This guy, I swear.

    Still a crook any way you look

    Attorney General Ken Paxton this week withdrew an eight-year-old legal opinion that gave private nonprofits the green light to ban guns on land they lease from a city — a move that comes as Paxton challenges the nonprofit State Fair of Texas’ ban on firearms.

    Paxton, a Republican who ardently opposes gun restrictions, sued the city of Dallas and state fair officials last month, arguing the State Fair of Texas had violated state law that largely bars local governments from restricting firearms on land they own or lease. Fair Park, the site where the fair is held, is owned by the city of Dallas and leased to the nonprofit that runs the fair. The event is set to run from Sept. 27 through Oct. 20.

    In court filings, Paxton argued that the private fair organizer “acts under authority” of the city and cannot ban guns at the site. City and fair officials have insisted the city has nothing to do with how the nonprofit operates the event and played no role in this year’s gun ban — thus making the policy fair game, they argue. Both entities say the attorney general’s case is at odds with an opinion he issued in 2016, which found that private entities could post notices banning guns on government-leased land without fear of civil penalty as long as said government “has no control over the decision to post such notice.”

    Later in 2016, an official from Paxton’s office cited that opinion in finding that firearm-banning notices could be posted at the entrances of the Fort Worth Zoo because, while the zoo is on city-owned land, the city contracts with a nonprofit corporation to oversee the zoo’s operations and management.

    The attorney general’s website states that the 2016 opinion — which is legally nonbinding — was withdrawn “pending issuance” of Paxton’s forthcoming opinion responding to two Republican lawmakers who questioned last month whether the State Fair of Texas was “operating jointly” with the city and thus prohibited from banning firearms at the fairgrounds. A spokesperson for Paxton’s office did not respond to a request for comment Friday.

    In their letter to Paxton requesting his opinion, state Sen. Mayes Middleton of Galveston and state Rep. Dustin Burrows of Lubbock argued that the city “exerts significant control over the operations of the fair” and is “intertwined” with the private organizer.

    Attorneys for the State Fair of Texas denied the claim, writing to Paxton that it was based on “mistaken assumptions” about the nonprofit’s relationship with the city.

    “There is no overlapping leadership structure between SFOT and the City,” the nonprofit’s attorneys wrote. “SFOT is currently governed by a 20-person board of directors, none of whom are government employees, government officials, or government appointees. SFOT is also financially independent and does not receive any money from the City to host the Fair.”

    The fair’s attorneys also pointed to a prior court ruling that found the city “has no say in SFOT’s internal decision making” and shot down a case that alleged the State Fair was essentially “a shell corporation” for the city.

    See here for the background. The law hasn’t changed, they’re just trying to fit the facts to their preferred narrative. Changing the previous opinion – again, in the absence of the law changing – is just politics. I hope the courts – we know this will make its way to SCOTx – see it that way as well.

    Posted in Legal matters | Tagged , , , , , , , , , , | 5 Comments

    Smithee makes five

    And the beat goes on.

    Rep. John Smithee

    State Rep. John Smithee, R-Amarillo, is the fifth person to enter the race for Texas House speaker.

    Smithee, a 73-year-old attorney, is a long-serving Republican state representative from Amarillo. He is one of the most senior members of the House, serving in the Texas Legislature since 1985. He represents Texas House District 86, a solidly red area in the Texas Panhandle that includes Armstrong, Dallam, Deaf Smith, Hartley, Oldham, Parmer and Randall counties.

    He declared his candidacy on Friday and will be racing against current Speaker Dade Phelan, R-Beaumont, and four other House candidates: Tom Oliverson, R-Cypress; Shelby Slawson, R-Stephenville; David Cook, R-Mansfield; and James Frank, R-Wichita Falls.

    Smithee sits on the House Juvenile Justice and Family Issues and State Affairs committees.

    Smithee gained popularity for vigorously opposing Attorney General’s Ken Paxton’s 2023 impeachment and delivering a 20 minute speech, criticizing the impeachment process as opaque, rushed and unfair to the accused. Lt. Gov. Dan Patrick praised him for his speech at the close of the trial.

    Out of the 85 House Republicans who voted, Smithee was one of 23 who opposed Paxton’s impeachment in the House.

    As noted, Rep. Smithee joins Reps. Tom Oliverson, Shelby Slawson, David Cook, and James Frank in the ring. We are rapidly approaching the point where it would be simpler to list the non-Speaker candidates. Despite his opposition to the Paxton impeachment, I have always thought of Smithee as one of the old school institutionalist types, which if that was and still is accurate may mean he’d suck less than the other options; it would also probably mean he has no chance. But Speaker’s races are weird, so we’ll just have to wait and see who is better at building a coalition.

    Posted in That's our Lege | Tagged , , , , , , , , , , , , | 1 Comment

    Weekend link dump for September 15

    NFL cheerleaders should be paid more. They’re professionals who do a hard but very visible job.

    “So what happens if you take a European with little knowledge of [baseball] and drop them into an MLB context?

    “The energy and vitriol that people had was pretty alarming. It was really sad how much hate that it did evoke and a lot of the responses, though, was also due to people not being very familiar with breaking and the diversity of approaches in breaking.”

    “I’d like to point out that in recent months I have repeatedly warned that Russian tyrant and war criminal Vladmir Putin intended to mess with the US election to help Donald Trump once again.”

    “Clarke’s business was deception, making the Nazis believe things that weren’t true. It wasn’t an original idea. Military commanders have always tried to fool their opponents. But no one ever imagined it was possible to deceive the enemy at the level Clarke did. As the war went on, he realized he could persuade the Nazis that the Allies had vast forces at their disposal, when, in truth, those units didn’t exist.”

    “The 18th-century French writer Voltaire is remembered for his witty satire and social critique. Less well-known is the time he drank fresh bull’s blood for science.”

    Wishing Patti Scialfa all the best.

    RIP, Mr. Greedy, long-lived African penguin at the Maryland Zoo who helped bolster his species’ population by siring over 200 offspring.

    RIP, Carroll Dawson, longtime assistant coach and general manager with the Houston Rockets, key architect of their back to back titles in the 90s.

    RIP, “Screamin’ Scott” Simon, pianist and singer for Sha Na Na, who co-wrote the song “Sandy” for the movie version of Grease.

    RIP, James Earl Jones, actor, Voice of God, absolute legend.

    “[P]olice have been going to the homes of Florida residents who signed a petition to help get Amendment 4 on the ballot and questioning individuals about their signatures. Big picture, it looks as if Gov. Ron DeSantis has come up with a new, creatively frightening way to turn Florida into a police state.”

    RIP, Ed Kranepool, member of the original 1962 Mets and their 1969 World Series championship team.

    Just a reminder that Melania is terrible, too.

    “This all makes the United States the crypto fraud capital of the world by a very wide margin.”

    “Let’s put it this way: The answer to “Is Liz Cheney good now?” is actually complicated. We’ll be required to hold two thoughts that are in tension with each other.”

    “Again, no one believes this lie. We know this. How can we know? Because after reporters spoke with Springfield law enforcement, the mayor’s office, pet shelters and the local SPCA, confirming that no pets are missing and no one is eating cats in Springfield, none of the people supposedly believing this lie were relieved. They were, instead, angrily disappointed at responsible journalists and fact-checkers who were ruining their game by debunking their racist fantasy.”

    When ICBMs are outlawed, only outlaws will have ICMBs. Or something like that.

    “Package delivery company DHL is suing MyPillow, alleging the company synonymous with its founder, chief pitchman and election denier Mike Lindell owes nearly $800,000 for unpaid bills.”

    “A state judge struck down North Dakota’s ban on abortion Thursday, saying that the state constitution creates a fundamental right to access abortion before a fetus is viable.”

    Jon Bon Jovi is a mensch.

    RIP, Chad McQueen, actor best known for The Karate Kid, son of actor Steve McQueen.

    Former Peruvian president Alberto Fujimori has died.

    RIP, Mitchell Wiggins, former NBA player who was on the 1986 Houston Rockets team that lost to the Celtics in the NBA finals and the 1982 USA FIBA World Championship team that won the silver medal. He is also the father of current NBA player Andrew Wiggins.

    Posted in Blog stuff | Tagged | Leave a comment

    Paxton sued over voter registration purge activities

    Counterpunch time.

    Still a crook any way you look

    A nonprofit focused on increasing Latinos’ civic participation sued Attorney General Ken Paxton in federal court Friday so it could continue its voter registration efforts after the Republican official targeted them in an investigation last month.

    The organization Jolt said in its request for a temporary restraining order that Paxton’s investigation would irreparably harm the organization and its associates by disclosing personal information and potentially placing its workers, volunteers and associates in harm’s way.

    “If Jolt were forced to disclose confidential information to the Attorney General, it would be considered a betrayal of the trust that Jolt has earned from the Texas Latino community,” the organization’s lawyer, Mimi Marziani, wrote in the lawsuit. “It would make it more difficult for Jolt to associate with others and carry out its mission effectively, and it would likely put Jolt employees and others associated with the organization in danger.”

    The background: Jolt’s lawsuit comes as Paxton, a Republican, has tried to bolster unfounded claims that Democrats are allowing noncitizens into the country so they can vote in large numbers. It also follows unprecedented attempts to investigate or shut down nonprofit social aid organizations that assist migrants and Latinos.

    Last month, Paxton announced that his office was investigating whether organizations in Texas were “unlawfully registering noncitizens to vote” after FOX News host Maria Bartiromo had posted on social media that someone had seen organizations in Parker County and Fort Worth registering “immigrants” to vote.

    The elections administrator and Republican County Chair in Parker County had told news outlets there was no evidence to support the charge. Experts say there is no evidence that people who aren’t U.S. citizens vote in elections in mass numbers. And before someone is allowed to vote, local and Texas officials verify their eligibility.

    But on Aug. 31, Jolt, which had been registering people to vote outside Department of Public Safety offices in Fort Worth, received a “Request to Examine” from Paxton’s office asking the organization to turn over several documents, including information it provides about the voter registration process and all of the voter registration receipts it had completed.

    In its lawsuit, Jolt said Paxton did not identify a reason why the nonprofit needed to provide the information and did not accuse the organization of any wrongdoing. The group also said Paxton did not obtain the permission or authority from a court to obtain the documents, instead asking for a “Request to Examine” under state law regulating the organization of businesses.

    If Jolt did not comply with the request, the nonprofit could forfeit the ability to do business in the state. The nonprofit said in its lawsuit that it is also a Class B misdemeanor to fail to comply with the request from the attorney general’s office.

    That Bartiromo story was noted in passing here. I don’t recall Jolt being mentioned before, but I’m sure Paxton’s been out casting a wide net. I assume this is the same Jolt that was founded by Cristina Tzintzún Ramirez, but I didn’t find anything from them in a cursory search, so that’s just my assumption. As for the legal action here, well, everything Paxton has done so far has been based on fiction and lies, and so far at least his bullying efforts against immigrant-focused nonprofits have been stopped. As always, it’s not over until the appeals run out, so don’t get complacent. The short term goal is to stop or at least slow down the bullshit until after the election. From there, we have to get back to the more long-term efforts. You know what I’m talking about.

    Posted in Legal matters | Tagged , , , , , , , , , | 3 Comments

    Maybe the Inner Katy Line is only mostly dead

    That’s one takeaway from this.

    What was promised…

    Houston transit officials are approaching the next few months as a transitional period, as they assess basic improvements, the demands of travel and the expectations of riders eager for better service.

    “We are going to follow the dollars, increase our (bus) frequency and obviously our safety presence,” said Tom Jasien, interim CEO of Metropolitan Transit Authority.

    The fiscal 2025 budget, which Metro’s board is scheduled to approve at its Sept, 26 meeting, diverts from recent budgets with a more basic approach to Metro’s spending, and away from the major projects the agency previously advanced to construction. Officials earlier this year shelved plans for the 25.3-mile University Corridor bus rapid transit project, citing the $2.2 billion cost and other priorities.

    Officials also, in the 2025 budget, previously called for de-scoping the planned Inner Katy rapid transit project along Interstate 10. Calling some of those specifics premature, Metro revised its draft budget earlier this week to strip many of the project details, opting for a budget and business plan that only outlined plans for general programs and not individual projects beyond 2025.

    As a result, the 274-page budget, replete with appendixes, became simply the 57-page executive summary, removing details of any changes to the I-10 project and other initiatives included in the MetroNext program voters approved in 2019. Officials plan to spend $3.6 million continuing development of the rapid transit project, but that includes studying whether it can be used a solution to upcoming construction on I-10’s main lanes.

    […]

    The 2025 budget, meanwhile, calls for Metro to increase what it spends on “core services” such as acquiring buses and maintaining them in future years, but far less on major projects included in the 2019 program. The changes shrink Metro’s capital budget plans to $598 million in 2025, $857 million in 2026 and $622 million in 2027.

    The largest capital project listed in the 2025 budget is the $60 million parking garage for Metro’s Missouri City park and ride service.

    The loss of momentum on major projects has frustrated many Metro supporters.

    “MetroNext is now MetroNow, isn’t that cute,” Michael DeStefano told board members at a budget hearing on Thursday. “I have some better names – MetroNeglect, MetroNegligent, MetroNauseous.”

    DeStefano pointedly called many of the new board members responsible for derailing long-held plans for better transit in the region, in favor of programs that exacerbate driving.

    “Let’s get some true leadership that takes us into the future and not keep us in the past,” he said.

    The changes, after years of discussion, have also alarmed supporters because they happened seemingly with little public discussion. With other projects included in the 2019 vote, such as rapid transit in Gulfton, also awaiting support and funding, the budget needs more specifics, transit advocates said.

    “It is reasonable they are worried changes are being made to the Gulfton project behind closed doors,” Isaac Metcalf said.

    See here for the background. I guess I’m glad that there’s still some future hope for the Inner Katy Line, but to say the least I have little faith in this Metro board. They do not care about the 2019 referendum, they have no vision, and the best we can hope for is improvement on the margins. Now if they do measurably improve bus service, and get the bump in ridership they claim they’re aiming for, that will be a good thing. It’s just not enough, not when we’ve been waiting so long for there to be more, and again I don’t have much faith in them. Go ahead and prove me wrong.

    Posted in Planes, Trains, and Automobiles | Tagged , , , , , , , , , , , , | Leave a comment

    River Oaks Theater set to reopen

    Excellent.

    It ended with “Nomadland” and it’s starting again with “Joker: Folie à Deux.”

    After more than three years in the dark, the River Oaks Theatre is again turning on the lights. Culinary Khancepts, the Houston-based company that operates the Star Cinema Grill chain and took over the lease of the shuttered historic Art Deco theater at 2009 W. Gray in 2022, announced today that the theater will start showing movies again on Oct. 3 with “Joker: Folie à Deux,” starring Joaquin Phoenix and Lady Gaga, as the major attraction. The tradition of midnight showings of “The Rocky Horror Picture Show” is also coming back, with the first screening set for Oct. 5, followed by another on Oct. 18.

    Also opening Oct. 3 in the three-screen multiplex are the indie films “In the Summers,” Alessandra Lacorazza Samudio’s coming-of-age story starring Residente from the Puerto Rican musical duo Calle 13 and produced by Houstonian Sergio Lira, and the South Korean thriller “Sleep,” which has been a film festival favorite.

    Coming up on the schedule are such special events as the 50th-anniversary showing of “The Texas Chainsaw Massacre” (Oct. 5) and a screening of “The Herricanes” (Oct. 24), a documentary about Houston’s all-female tackle football team.

    Cult classics are also in the spotlight, with showings set for “Fight Club” (Oct. 4), “Mulholland Drive” (Oct. 6), “10 Things I Hate About You” (Oct. 11), “Donnie Darko” (Oct. 11), “Office Space” (Oct. 18), “Eraserhead” (Oct. 20), “Amadeus” (Oct. 25) and “Halloween” (Oct. 31).

    See here for the last update. To say the least, this was quite the journey. I’m very glad that this unique piece of Houston history and culture will continue on, hopefully for a long time. CultureMap has more.

    Posted in Elsewhere in Houston | Tagged , , , , , , , | Leave a comment

    SCOTx hears Brent Webster’s disciplinary lawsuit appeal

    I dunno, this seems awfully straightforward to me. But no one asked me.

    Some Texas Supreme Court justices seemed skeptical Thursday of a professional misconduct case against a top aide to Texas Attorney General Ken Paxton for his role in filing a suit to overturn the 2020 presidential election.

    In oral arguments on First Assistant Attorney General Brent Webster’s case, Justice Jimmy Blacklock questioned whether a committee of the State Bar of Texas, which brought the suit, was acting based on politics.

    “It’s hard for me to understand how this case is anything other than a government entity taking a particular view of that disputed political question and then insisting that the attorney general of Texas take the same view and not side with the 50% of people who had questions about the election,” Blacklock said.

    The way the all-Republican high court ultimately rules could indicate how the justices decide a similar case before them against Paxton, a third-term Republican.

    […]

    Michael Graham, lead counsel for the bar’s Commission on Lawyer Discipline, said he did not agree that concerns about the election are limited to members of one political party. He added that making a misrepresentation in court is a violation regardless of who believes it’s true.

    Graham said this case followed the normal grievance process laid out by bar rules, and he emphasized that it was initiated not by the bar but after a review by the chief disciplinary counsel of many outside complaints. The counsel had initially opted to dismiss the complaint, but the case was revived when the complainants appealed to the bar’s board of disciplinary appeals, whose members are appointed by the Texas Supreme Court. Webster chose to resolve the case in a district court rather than through an administrative panel.

    “If hearing from those two independent bodies the commission then decides, ‘We’re just going to dismiss it because it’s the attorney general or it’s the first assistant attorney general. This is a can of worms we just don’t open’ – to me, that sounds political,” Graham said. “I think that’s a problem. And I think the commission thinks that’s a problem. So that’s why we find ourselves here today.”

    Texas Solicitor General Aaron Nielson, representing Webster, argued Thursday that allowing the case to move forward would violate the separation of powers principle by allowing the judicial branch to interfere with an official action of the executive branch.

    Graham said the Supreme Court has the authority to regulate the practice of law, and it does not violate separation of powers because the Bar committee isn’t taking issue with the filing of the suit itself but rather specific claims made within it. The suit alleges that Paxton and Webster made “dishonest” representations that were not supported by evidence, some of which had already been dismissed in other courts.

    Nielson also argued that Webster is subject to sovereign immunity, a legal principle that generally shields government officials from being sued in their official capacity. The bar has argued, as Graham reiterated Thursday, it is not suing Webster in his official capacity but rather as a Texas-licensed attorney.

    See here for the previous update. The issue all along has been the (alleged) lying, by Brent Webster and Ken Paxton, in their legal attempt to overturn the 2020 election. Everyone knows you’re not suppose to lie in a court of law. When witnesses do it, they face perjury charges. When the lawyers do it, they face professional discipline processes. That’s what the State Bar is doing here. They may ultimately conclude that what Paxton and Webster did doesn’t meet their standard for lying – I’m using that word in the colloquial sense, not as a legal term of art; the distinctions between varying shades of presenting false statements as factual are only relevant if the case goes forward, and I’m not required to give these jackwagons the benefit of the doubt – but first they have to look into it. That’s all that the Court is being asked to do. I really hope they’re up to it. The Texas Standard has more.

    Posted in Legal matters | Tagged , , , , , , , , , , , , , , , , , , | 1 Comment

    More on the Amarillo Reproductive Freedom Alliance

    Good overview of the group working to prevent an abortion travel ban in Amarillo.

    Dubbed an “abortion trafficking” ban by anti-abortion extremists—as one of the policy’s progenitors put it, “The unborn child is always taken against their will”—the zealous measure encourages Texans to turn on each other in the name of “pro-life” values. At least 14 Texas localities, including Abilene and San Angelo, have passed some variation of the ordinance since 2021, but to anti-abortion advocates, Amarillo—a city of 200,000 in the mostly rural Panhandle that sits just an hour’s drive from New Mexico—is seen as a “trophy.”

    After a “crash course” last summer on the details of the ordinance and the state of reproductive rights in Texas, [Amarillo resident Courtney] Brown was “horrified,” and she said her resolve grew tenfold. She and five friends—including a nurse, a lawyer, and an artist—banded together to fight the extreme proposal by creating the Amarillo Reproductive Freedom Alliance. The all-volunteer coalition is dedicated to educating and informing the city’s residents about the ordinance’s potential impact. They reached out to local business, religious, and community leaders, and hosted forums at churches and other events around town. And of course, they spent hours making their case to city council members.

    “Talking about abortion in conservative Amarillo can lead to some pretty aggressive responses, so we started with some hesitancy,” said Brown. “But as we talked to more and more people, we became confident and comfortable to talk to anyone who would listen.”

    The group felt like their hard work paid off. The Amarillo City Council first considered passing the abortion travel ban last October. The Alliance was persistent in persuading council members that the measure was not only an infringement on bodily autonomy and medical privacy but a federal constitutional violation of interstate travel and free speech rights. After months of heated debate, the council overwhelmingly rejected the measure this June.

    “We made council members fully understand the major implications of what they were voting on,” said Brown. “If we can make leaders in a conservative town like Amarillo see reason and logic, it can happen anywhere.”

    When dismissing the proposal, Amarillo Mayor Cole Stanley said the city lacked the authority to put the policy in place. “Constitutionally, as a conservative, we always want to protect these civil rights and right of travel and right of speech. Freedom to move is greatly important. And we should never be in favor of anything that would ever limit that,” said Stanley at an earlier press conference.

    But the fight wasn’t over. Anti-abortion activists, dissatisfied with the rebuke from council, collected 6,300 verified signatures to petition for approval to add the ordinance to the November 5 ballot, placing the fate of reproductive healthcare access in the hands of voters. The Amarillo Reproductive Freedom Alliance now faces its biggest challenge yet: Convincing as many of their neighbors as possible that the ordinance will harm their community.

    See here for some background. I consider this to be one of the more important races on the ballot, and I wish it were better known. Towards that end, I have done an interview with one of the co-founders of ARFA, which will run on Monday. Be sure to listen to it and give them some support.

    Posted in Election 2024 | Tagged , , , , , | 1 Comment

    PAC 12 lives again

    Wow.

    The Pac-12 is poaching four Mountain West schools to join Oregon State and Washington State in an effort to preserve the league. Boise State, San Diego State, Colorado State and Fresno State applied for Pac-12 membership and all have been accepted, the conference announced on Thursday. They will officially become Pac-12 members on July 1, 2026.

    Those four schools represent arguably the top brands in the legacy Mountain West and schools that have been considered for power conference membership in the past. If the four schools move by the 2026 season, the Pac-12 will only need to add two more programs to reach the minimum eight schools to be an FBS conference.

    “For over a century, the Pac-12 Conference has been recognized as a leading brand in intercollegiate athletics,” Pac-12 commissioner Teresa Gould said in a statement. “We will continue to pursue bold cutting-edge opportunities for growth and progress, to best serve our member institutions and student-athletes. I am thankful to our board for their efforts to welcome Boise State University, Colorado State University, California State University, Fresno, and San Diego State University to the conference. An exciting new era for the Pac-12 Conference begins today.”

    Ten of the 12 legacy Pac-12 schools left the conference in 2024 as the existing grant of rights expired. Four schools went to the Big Ten (USC, UCLA, Oregon and Washington), four to the Big 12 (Arizona, Arizona State, Colorado and Utah) and two to the ACC (Stanford and Cal), leaving Oregon State and Washington State without a long-term home. The pair will compete as de facto FBS Independents over the next two years and are ineligible for an auto-bid to the College Football Playoff.

    However, the legal status means that the two Pac-12 schools still had a massive war chest of $250 million in resources available to them, primarily payouts like NCAA Tournament units and existing contracts. Buying out four schools from the Mountain West in a one-year period would cost approximately $187 million, according to CBS Sports’ Dennis Dodd. The Pac-12’s existing resources could be leveraged to help offset that difference.

    See here and here for some background. It’s always safe to assume that there’s some conference realignment stuff percolating in the background, so that some schools are jumping from one place to another is no surprise. That the destination is the two-school husk of the PAC 12, that’s a surprise. Indeed, there was a time when it was thought that Oregon State and Washington State would join the MWC, as they clearly had a limited set of options. All that money they got from their departing colleagues sure did help.

    ESPN adds on.

    MW commissioner Gloria Nevarez released a statement late Wednesday to address reports the four schools were leaving the conference.

    “The Mountain West Conference is aware of media reports regarding the potential departure of several of our members, and we will have more to say in the days ahead,” Nevarez said. “All members will be held to the Conference bylaws and policies should they elect to depart. The requirements of the scheduling agreement will apply to the Pac-12 should they admit Mountain West members. Our Board of Directors is meeting to determine our next steps. The Mountain West has a proud 25-year history and will continue to thrive in the years ahead.”

    Mountain West bylaws require departing schools to pay an exit fee of roughly $18 million with two years’ notice, which is what the four schools expect to pay, a source said. (That number would jump to $36 million with one year’s notice.)

    […]

    The six members will collaborate to decide which schools to target for further expansion, as the conference still needs to add two more schools to reach the NCAA minimum requirement. The conference is in the first year of a two-year grace period afforded by NCAA bylaws to exist below the minimum in the case of departures.

    It is unclear how many schools the new-look conference expects to have by 2026.

    They will also need to negotiate some kind of new media rights package, one that will both be enough for them to compete and to make the new PAC [x] attractive to a school they’d like to entice. One also assumes that the MWC will do some shopping now. In other words, just another normal day in collegiate athletics. At least the new PAC 12 members won’t have to cross multiple time zones to play their new rivals. Slate has more.

    Posted in Other sports | Tagged , , , , , , , , , , | Leave a comment

    Complaint filed over CenterPoint’s unused generators

    I’ll admit, I didn’t even know there was a complaint process for this.

    No longer seen at I-10 and Sawyer

    The Texas Consumer Association filed a complaint Wednesday asking the state utility regulator to deny CenterPoint Energy the ability to continue to pass on the costs of its barely-used mobile generators to ratepayers.

    The nonprofit consumer advocacy group also asked the Public Utility Commission of Texas to order CenterPoint to refund its Houston-area customers for any rates already collected for the generators. If and how the PUC chooses to respond is unclear, as “we’re wading into uncharted waters here,” said TCA President Sandie Haverlah.

    TCA’s complaint comes two months after the Chronicle reported that CenterPoint has not used its fleet of 15 large generators, including after Hurricane Beryl, which left more than a million of the utility’s customers without power for days. Regulators have allowed CenterPoint to recoup the cost of its generators and earn a 6.5% profit from them since 2023.

    CenterPoint paid most of its $800 million lease with vendor Life Cycle Power in advance. The lease covers ongoing use of the large generators and five medium-sized ones. The utility has said the contract can’t be terminated. Approximately $350 million of those costs have been passed onto ratepayers thus far, which has added $2.39 per month to the average residential customer’s electricity bill.

    Haverlah said she decided to file the complaint because she’s concerned that lawmakers’ heated rhetoric on CenterPoint’s generators won’t result in customer refunds.

    “I’ve been trying to figure out a way to push the envelope on how to stop the payments for the generators and to maybe even attempt to claw back the money,” Haverlah said. “I don’t want to wait until the legislature, because even if they claim they’re going to do something, I just doubt it’s going to be anything that gets money back on the customers’ bills.”

    […]

    In TCA’s complaint, Haverlah wrote that CenterPoint “misrepresented the mobility, flexibility, and usability capabilities of these generators,” echoing lawmakers and regulators who say CenterPoint misled them to believe the large generators were mobile and could help restore power after storms damage the utility’s power lines and poles.

    Haverlah also targeted CenterPoint’s process for securing the generators, which she called unreasonable and imprudent in the filing. That’s because CenterPoint didn’t adequately study what types, sizes and quantities of generators would help restore power, she wrote. CenterPoint representatives have testified the company didn’t provide an in-depth analysis to justify its decision to lease 500 total megawatts of generators, much more than other Texas utilities.

    “Any utility expense of that magnitude should be supported by bulletproof research and analysis supporting the validity of the need for the expenditure and its magnitude,” Haverlah wrote.

    See here for the previous update. I agree with Haverlah’s assessment of the Lege and its odds of taking meaningful action. They might – they’ve said enough things to make that a real possibility – but regulating and enforcing consequences on wayward utilities is not their priority, not by a long shot. Taking action was the right call.

    And ideally, it should be a simple call for the PUC. If this were the real world, CenterPoint would be eating a loss for their bad investment. They should face the same fate in the “regulated monopoly” world where they do live. If their investors find out that they are not guaranteed a profit, that they can in fact lose money if CenterPoint does stupid things, that will disincentivize them from doing those stupid things. That’s how economics is supposed to work, as I dimly recall from my undergraduate days. This is not a hard case. I have no idea what the PUC’s complaint process looks like or how long it may take, so we’ll just have to wait and see.

    Posted in Hurricane Katrina, That's our Lege | Tagged , , , , , , , , , | 7 Comments

    Four! Four Speaker challengers!

    Everyone in the pool!

    Rep. James Frank

    State Rep. James Frank, a Wichita Falls Republican who is one of the Texas House’s leading voices on health and foster care, announced Tuesday he is running for speaker, making him the fourth member to challenge the lower chamber’s current leader, Beaumont Republican Dade Phelan.

    In a statement announcing his bid for the speakership, Frank said he would work to bring better communication, member empowerment and management of the flow of legislation if he became the chamber’s leader. Like the three previous challengers to Phelan, he pledged to appoint only Republicans to leadership positions on legislative committees.

    “Following the end of last session, and especially after the primary election results of March, it became clear to me that the House itself and our voters want to move in a different direction,” Frank said in his announcement. “By today’s actions, I am asking you to consider whether I represent that direction.”

    Pushing back against critics who say appointing only Republicans to leadership positions would take Democrats out of the legislative process, Frank said Texas is one of only three states that continues to give the minority party leadership positions. He said restricting committee chair positions to the majority party would “allow significantly more Republicans to participate in leadership roles.”

    Rep. Frank joins Reps. Tom Oliverson, Shelby Slawson, and David Cook in the ring. We’ve seen this kind of drama play out before, where we go from one Speaker candidate to a horde of them quickly. Usually, the field all gets behind one of them just as quickly; it’s rare for there to be an actual contested vote for Speaker. I won’t be surprised if the field expands further, but sooner or later gravity takes over. Frank voted for Ken Paxton’s impeachment, and he’s a big vouchers guy who seems to be pitching himself as someone who will clasp hands with Dan Patrick and Greg Abbott (in an appropriately manly way, of course) and get all those Republican bills they’ve had such a hard time passing (snort) taken care of with ease. Whatever.

    Posted in That's our Lege | Tagged , , , , , , , , , , , | 1 Comment

    Of course the I-45 project will cost more than expected

    Same as it ever was.

    The first major road work set for downtown Houston related to the $11.2 billion-plus rebuild of the freeway core and Interstate 45 remains on track for next year, but at a cost of $80 million more than expected.

    Work could start early next year and last for eight years rebuilding Interstate 69 from Texas 288 to I-45, through Third Ward and Midtown. It is the second of more than 15 Texas Department of Transportation projects encompassing the rebuild of the downtown freeway system and widening of I-45 from downtown north to Beltway 8.

    Bids on the project, opened Thursday in Austin, show Houston-based Williams Brothers Construction was the apparent low price, with an offer of $695.5 million. That represents an increase of 13% compared to TxDOT’s estimate of $615.7 million. Webber, the only other company to bid on the job, submitted a bid of $1.254 billion, or more than twice than what state officials estimated.

    The bid is not final and construction is not allowed to proceed until the Texas Transportation Commission accepts it and others, following TxDOT staff review, transportation department spokeswoman Raquelle Lewis said.

    The work is the latest to cost far more than officials planned when planning of the project resumed in late 2022. In May 2023, construction of the segment was expected to cost $456 million, but since many construction jobs skyrocketed in price as material and labor costs surged. While state transportation officials have said prices are beginning to plateau, large projects in the major metro areas continue receiving bids 10% or higher than officials estimated.

    First, LOL at the double-the-official-estimate bid for that part of the project. They were obviously way off, but maybe part of the problem is that the official estimates are consistently too low. And I’m sure someone at Williams Brothers is reading this story and thinking “damn, maybe we don’t have to be so conservative in our bids”. Don’t be shocked if this trend continues.

    As noted, this isn’t the first time that bids came in well above the official estimates for a part of this project. It surely won’t be the last. But as I said before, it doesn’t matter because only mass transit projects are affected by cost increases. There’s literally no price too high for TxDOT to finish this job.

    And given how long it will take, the final price tag could be awesome indeed.

    Residents, however, will live with the work for two decades or more. Work is not expected to finish in downtown until 2037, with the planned widening of the freeway to Beltway 8 to add two managed lanes in direction expected to take until 2042 or later.

    Emphasis mine. How old will you be in the year 2042? How many billions of dollars less would it have cost to build the entire 2019 MetroNext project? The world will never know.

    Posted in Planes, Trains, and Automobiles | Tagged , , , , , , , | 1 Comment

    More on the drivers license/birth certificate gender change ban

    This Houston Landing story from Friday covers the recent news about the very quiet policy changes regarding birth certificates and drivers licenses, and adds some extra information at the end. I’m going to focus on that part of it.

    The policy change not only affects crucial everyday tasks like opening a bank account or getting a loan, but it could also pose a public safety risk, particularly for Black and Brown trans people when dealing with the police, said Johnathan Gooch with LGBTQ+ advocacy rights organization Equality Texas.

    “If a driver’s license doesn’t match (their) gender, that can be alarming,” Gooch said. “If a cop isn’t trained well or doesn’t understand transgender identity that could cause a further stressful situation. Who knows how that would go down.”

    […]

    Although these policy changes currently only target the trans population, Shelly Skeen, regional director at Lambda Legal, a human rights organization, said that it’s something that should trouble all Texans.

    “Every Texan should be concerned if the staff is creating a special repository and keeping information about any subset of our population,” she said.

    Advocates say some also fear the impact these policy changes will have on voting.

    “People are concerned about, what if they have the wrong gender marker on their ID when that shouldn’t matter?” Gooch said. “The election official should only look at their name, but it still creates a bit of fear in people who might have misaligned identity documents.”

    Advocacy organizations like Equality Texas and the Transgender Education Network of Texas advise the community to use federal forms of identification, such as passports or passport cards, for things like voting.

    […]

    ACLU Texas and Lambda Legal are gathering information before deciding if they’ll take legal action against the policy changes.

    “As it stands right now, I don’t think it has legal legs to stand on,” Hall said.

    Lambda Legal has seen success challenging similar cases in other areas that have come before Texas like Kansas, Idaho, Ohio and Puerto Rico so far, but right now, it’s focused on assessing the impact these changes will have on people, Skeen said.

    “What’s been found on the basis of sex is that you have to show what’s called a ‘sufficiently important reason’ that’s substantially related to the policy, and that that reason is exceedingly persuasive,” she said. “So, if the government is going to do something different and not treat people the same, then they need to have an important reason substantially related to the justification. … and it can’t be a made up reason after the fact.”

    In the cases they’ve won, the court has determined that the reasons have not met that standard, she said.

    But she acknowledged that the policy changes at both DPS and DSHS are “out of the norm” given both agencies’ longtime practice of changing things like names, gender and sex, and the government’s checks and balances system.

    “From a practical standpoint, it doesn’t make any sense,” Skeen said.

    “These are court orders issued by courts. The executive branch, which is where the AG is, can’t tell the court (judicial branch) what to do or what not to do.”

    See here and here for the background. I have the same sense of incredulity over the directive to ignore court orders, but until further notice the law is what Ken Paxton and his judicial enablers say it is. To that end, I do expect there to be litigation over this, but I have no idea what the best way to proceed is, given what a landmine both the state and federal courts here can be. I don’t envy the legal groups that have to come up with a strategy for this. The short term looks grim. I really hope to be proven wrong about that.

    Posted in Legal matters | Tagged , , , , , , , , , , , | 1 Comment

    DUI charge dismissed against Judge Kelli Johnson

    This took an unexpected turn.

    Judge Kelli Johnson

    Judge Kelli Johnson’s misdemeanor driving while intoxicated charge was dismissed Tuesday after a toxicology report failed to reveal any signs of alcohol or drugs in her system at the time of a June arrest — one of two traffic stops that coincided with accounts of bizarre behavior, her defense attorney said.

    Johnson’s defense attorney Chris Tritico addressed the dismissal on her behalf and said Johnson also hopes to return to the bench “after recovering from a brain injury.”

    Montgomery County District Attorney Brett Ligon, whose prosecutors took over the case after the recusal of Harris County lawyers, signed the motion to dismiss the misdemeanor charge after his office found a lack of evidence to continue the case. The office determined there were “no intoxicating substances in the defendant’s breath or blood during the June 25 traffic stop. Court records reflected the dismissal later Tuesday.

    Johnson was arrested during the traffic stop and booked into the Harris County Jail. She returned to court with sporadic attendance, ultimately going on medical leave from the 178th District Court for weeks.

    She is unopposed on the November ballot, ensuring she will serve a third term.

    Tritico attributed the injury to an incident in February when Johnson, while riding a scooter at her home, fell and hit her head. He said she lost consciousness for several hours and woke up in a hospital after someone found her. She received 14 stitches, he said.

    Neurosurgeon experts warned that slipping unconscious in a fall like what Johnson is said to have experienced may be indicative of a serious brain injury that requires time and therapy to heal. Younger adults tend to recover more quickly than others.

    “You don’t have to have a high-velocity or high-height fall to suffer a traumatic brain injury,” said Dr. Ganesh Rao, professor and chair of neurosurgery at Baylor College of Medicine.

    He explained that some patients don’t behave like themselves immediately after, while others also struggle to concentrate at work and are unable to keep track of time and other memories.

    “They might not recognize that their behavior is odd,” he said.

    Tritico declined to elaborate on Johnson’s diagnosis but said she continues to receive treatment for the injury and that it has so far been successful.

    “She sounds like the Kelli Johnson I’ve known for years,” he said.

    See here, here, and here for the background. I’m very glad to hear that this has been resolved, and I hope that Judge Johnson is getting whatever medical attention she needs to recover from her injury. This incident was bizarre and hard to understand from the outside, with the limited information we had. This story clears a lot of that up and adds some new information. It all sounds like a pretty harrowing situation for Judge Johnson and her family. I wish them all well.

    Posted in Crime and Punishment | Tagged , , , , | 1 Comment

    Another sexual assault lawsuit filed against Deshaun Watson

    Noting it for the record.

    Former Houston Texans quarterback Deshaun Watson, now more than two years removed from his time with the team, has been sued by another woman claiming he sexually assaulted her during a date.

    The lawsuit was filed Monday in Harris County District Court by a woman identified only as Jane Doe. She is represented by Houston attorney Tony Buzbee, who represented dozens of other women who sued Watson over alleged assaults between 2017 and 2021.

    […]

    The woman is seeking damages of more than $1 million, for physical and mental pain and suffering and emotional distress, among other things.

    Watson was previously sued by more than two dozen women, who made similar allegations he assaulted and harassed them. He has denied the allegations and has not been charged with any crimes. Harris County district court records list 26 other lawsuits against Watson. All but two of the previously filed lawsuits had been settled or withdrawn, according to court records.

    Buzbee has said that he intends to bring the lawsuit brought by one of his other clients, Lauren Baxley, to trial. The other active lawsuit, filed in October 2022 by a woman named Ikea Roberts, could be scheduled for a trial following a hearing in October, according to court records.

    See here and here for the last updates that I had. It seems like perhaps there have been a couple more settlements since then, but nothing for which I saw any news. This lawsuit stems from an alleged incident in October 2020, similar to all of the others. I’ll keep an eye out for further updates. Also, Watson denies this latest allegation, as he has done with the others. For what that’s worth.

    Posted in Legal matters | Tagged , , , , , , , , , , | Leave a comment

    Texas blog roundup for the week of September 9

    The Texas Progressive Alliance is definitely ready for some football as it brings you this week’s roundup.

    Continue reading

    Posted in Blog stuff | Tagged , | Leave a comment

    Interview with Sylvester Turner

    Sylvester Turner

    I’m sure that by now you are well familiar with the story of CD18 after the passing of Rep. Sheila Jackson Lee in July. As such, you know that former Houston Mayor Sylvester Turner is now the Democratic nominee for CD18, having been selected by the precinct chairs in August. Turner served two terms as Mayor, ending this past January, and before that was a State Representative for 27 years in HD139. He’s also an attorney and was set to be a lecturer in public policy at Harvard before the seat became open. We had plenty of ground to cover, and here it is:

    PREVIOUSLY:

    Erica Lee Carter, CD18 special election

    Posted in Election 2024 | Tagged , , , , , | 3 Comments

    Trial begins in Spring Branch ISD single member district lawsuit

    Another big case in court this week.

    A lawsuit against Spring Branch ISD got its day in court Monday, after three years floating in the legal ether waiting for rulings from similar cases to play out.

    The suit, filed by parent and former two-time school board candidate Virginia Elizondo, alleged that the 33,000-student district is violating the Voting Rights Act of 1965 with its all at-large system of electing trustees.

    Elizondo’s attorney, Barry Abrams, argued that the at-large elections, meaning a voter in the district can vote for all seven trustee positions instead of one trustee who represents their neighborhood, systemically dilute the will of a large group of Spring Branch’s Hispanic residents, most of whom live north of Interstate 10, which acts as a “dividing line” in the district.

    Superintendent Jennifer Blaine was seated at the defense table Monday, represented by attorneys Charles Crawford and Lucas Henry. Crawford argued that there were holes in Abrams’ argument, namely that while many of the facts he cited may have been accurate, they were not a result of the at-large trustee system.

    Former Spring Branch ISD Superintendent Duncan Klussmann, whose critical editorial in the Houston Chronicle almost got his name removed from a district building earlier this year, testified Monday opposing the district. Looking back on his 19 years there, he said Spring Branch ISD should have eliminated the all at-large system.

    “My view has always been that a hybrid system would work best,” Klussmann said on the stand. “Unless you do a single member district, you’re not going to get that level of representation because there are such differences across the district.”

    […]

    “Inequality” was the word of the day Monday. Inequality between north and south. Inequality of resources. Inequality of Parent Teacher Association fundraising, of bond fund dispersal, of auditorium construction, of lived experiences at home, access to college and graduation.

    The plaintiff painted a picture of the district that on some level can’t be argued. The district looks different on the north side than it does on the south.

    But the defense argued that the issues this presents in the school district would not necessarily be solved by changing the election system. As it stands, district leadership does not believe that they have to use a single-member district system if voter suppression is not occurring, and they do not believe that it is.

    The plaintiff, however, feels differently. Abrams pointed to the district’s recent budget cuts as an example of why not having a Hispanic-voter preferred candidate on the board could disproportionately affect the Hispanic community. There is currently a Hispanic trustee on the board, John Perez, but he was preferred by white and not Hispanic voters during his election, according to the plaintiff’s analysis.

    Abrams said that the district’s decision to close two campuses on the north side and end the SKY program, an in-district charter school partnership also affecting north side campuses that had gotten increasingly costly to maintain, showed a lack of concern for the Hispanic residents there. Abrams also presented evidence detailing that in the more affluent areas north of I-10, where concentrations of white residents live, many students were zoned to schools south of I-10 instead of those above the freeway.

    The defense countered that more spending had occurred in recent years per-student at economically disadvantaged campuses than others in the district, and that the economically disadvantaged campuses have been improving, even if they still fall below the performance standard set by other campuses.

    There’s more, so read the rest. As of the last update, the lawsuit was on hold pending a couple of conflicting appellate court decisions about the Voting Rights Act. This story doesn’t mention that, and I didn’t find any other coverage of the trial as yet, so I don’t know what the outcomes were.

    One thing this story makes clear is that the judge thinks the plaintiffs have a strong case and has been pushing Spring Branch ISD to seek a settlement. They have refused to do so, and so we’ll see how that works for them. It must be noted that even if they get demolished in this ruling, the Fifth Circuit and SCOTUS are lurking out there, and we know how much they love the VRA. This trial is expected to wrap up no later than Friday. I’ll keep an eye on it. Also, the plaintiffs’ attorneys are involved in several others lawsuits over At Large-only representation, so what happens here will likely affect those as well. Lots at stake here.

    Posted in Legal matters | Tagged , , , , , , , , , , | 1 Comment

    Endorsement watch: “The sexiest race on the ballot”

    Good call.

    Annette Ramirez

    Probably none of us is as excited about the race for Harris County tax assessor-collector as Annette Ramirez is. And that includes her Republican opponent.

    “I always call it the sexiest race on the ballot,” says Ramirez, 52, a Democrat and licensed tax attorney who worked more than 23 years for Alief ISD. She’s joking — partly, but she also really loves the behind-the-scenes work of setting up fair and efficient systems.

    Certainly, though, the position has a real impact on the everyday lives of residents. Besides sending out the often gigantic tax bill that home and business owners get every year, this officeholder oversees voter registration, vehicle titles, boat licenses, alcoholic beverage taxes and a host of other roles.

    Ramirez actually wants to sweat the small stuff. She’s got a long list of ideas to make our interactions with government less painful. That includes working with the county attorney’s office as it transitions away from using an outside law firm, Linebarger Goggan Blair & Sampson, to collect delinquent property taxes. A similar move on toll road collections saved drivers money by dropping violation fees by 45% and, because more people paid up, increased revenue for county government. Apparently, only the private lawyers lost out.

    The Republican candidate on the ballot, former Harris County Commissioner Steve Radack, rightfully claims credit for the victory on toll road collections because he led the charge to ditch Linebarger back in 2018. In his 32 years as a commissioner — the editorial board endorsed him term after term — Radack also massively expanded public parks and recreational bike trails in unincorporated Harris County. During the recent endorsement screening, he recounted an impressive number of details and backstories on a broad range of issues going back to the 1980s. He managed to be both outspoken and cordial. At 74, he has served as a Houston police officer, Harris County constable and has built he also has strong relationships with Republican state leaders that could benefit Harris County.

    In the end, though, Radack seems to be auditioning for the wrong job. He’s more interested in haranguing Democrats who have a 4-1 majority on Commissioner’s Court than he is in the nitty-gritty of this position. The Democrats may indeed need some haranguing from time to time, but that’s not the responsibility of the tax assessor. That’s currently up to Radack’s successor and the lone Republican on Commissioners Court, Tom Ramsey, who also gets assists from the likes of state Sen. Paul Bettencourt and Attorney General Ken Paxton.

    “Being tax assessor-collector, you have an office to run,” Radack acknowledged in the screening with Ramirez. But he focused on the opportunity this office would give him to “point out waste.” He lambasted the county’s attempt to launch a universal basic income program, which if it surmounts a legal challenge from Paxton would use $20.5 million in federal pandemic relief funds to give about 1,900 recipients $500 per month with the goal of allowing people to make their own choices to lift themselves out of poverty.

    Unlike the Houston controller, who must sign off on the city’s budget, the tax assessor-collector doesn’t have power to block Commissioners Court. Radack noted the most he could do is temporarily hold back funds.

    Radack is welcome to call out Democrats with op-eds in the Houston Chronicle or voice his opinions elsewhere, but voters should elect a tax assessor-collector focused on the decidedly unsexy aspects of the role. That would be Ramirez.

    If you haven’t had a chance to listen to my interview with Annette Ramirez from the primary, you should. She knows her stuff, and I fully expect she will make a difference. And if you’re old enough to remember Steve Radack, you know that the best place for him right now is, like, a golf course. Yell at the livestream of the Commissioners Court meetings all you want, dude. Your watch has ended. Anyway, read the endorsement and vote for Annette Ramirez.

    Posted in Election 2024 | Tagged , , , , , | 2 Comments