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February 17th, 2017:

Friday random ten: Ladies’ night, part 33

My library votes 3-2 in favor of not having an “H” in “Sara(h)”.

1. Rare Find – Sara Melson
2. Sweetness Follows – Sara Quin featuring Kaki King
3. The Pins – Sara Radle
4. Fallen – Sarah McLachlan
5. Around Midnight – Sarah Vaughan
6. The Heart Wants What It Wants – Selena Gomez
7. My Snow Angel – Shannon LaBrie
8. Poison My Cup – Shannon McArdle
9. 100 Days, 100 Nights – Sharon Jones & The Dap Kings
10. Serpents – Sharon Van Etten

RIP, Sharon Jones, one of the way-too-many people we lost last year. At least she got to be on Wait Wait Don’t Tell Me before she left us.

Again, there is no such thing as an acceptable bathroom bill

The current strategy for Dan Patrick in trying to round up support for, or at least blunt opposition to, his bathroom bill is to claim that it will contain exceptions for sports venues, so no one needs to worry about boycotts or other bad things. Unfortunately for Dan, no one is buying it, and the actual lived experience of North Carolina remains the prime piece of evidence why.

But in the shadow of the millions of dollars in lost tourism-related revenue in North Carolina, opponents of the Texas bill warn that perception trumps specifics when it comes to business and that the exemption may not prevent Texas from feeling the economic repercussions that riddled the Tar Heel State.

“We have discussed that with our meeting planners and sports organizers — they don’t care about the nuances,” said Visit Dallas CEO Phillip Jones, whose group is among a coalition of Texas tourism bureaus and commerce chambers organizing in opposition to SB 6. “Perception is reality, and if there’s a perception that there’s a discrimination taking place in Texas that’s sanctioned by the state as a result of this bill, they will bypass Texas.”

SB 6 would restrict bathroom and locker room use in public schools and government buildings to be based on “biological sex,” and it would override portions of local anti-discrimination ordinances meant to provide transgender Texans protections from discrimination in public bathrooms and other facilities.

But while the bill would require government entities to set bathroom policies for other public buildings, such entities that oversee publicly owned venues would have no say in the bathroom policies in place while sports leagues like the NCAA hold championship games at a stadium or during a performer’s concert at an arena.

[…]

Officials in North Carolina used a similar argument to defend their bathroom law, but it still cost the state millions in cancellations: The NBA moved an All-Star Game from Charlotte, costing the city $100 million in profits. The city estimated it lost another $30 million when the Atlantic Coast Conference pulled its football championship. Businesses scrapped expansions in the state, and performers canceled concerts. And the NCAA relocated seven championship games from North Carolina during the 2016-17 academic year.

In light of those cancellations, business and tourism officials in Texas say they are bracing for similar fallout, arguing that the stadium and convention center exemption probably won’t be enough to keep business from leaving the state.

“The really consistent message we get back is: Don’t count on it saving you,” Jessica Shortall, managing director of Texas Competes, said of feedback her group has received about the exemption from tourism officials in other states where similar legislation has been passed. Her nonprofit was recently set up to promote Texas businesses as LGBT friendly.

Associations holding conventions in Texas are already “expressing concern” over the legislation, tourism officials say. Dallas Cowboys owner Jerry Jones has reached out to Patrick regarding the legislation, Patrick’s staff confirmed. And the Texas Association of Business, which represents hundreds of businesses and regularly sides with conservatives, is also opposed to the legislation, in part over concerns about it affecting the state’s ability to obtain business investments and recruit top talent to the state.

See here for some background. Jerry Jones is just another low level NFL adviser, so we don’t need to worry about what he has to say. Whatever you think about the NFL’s recent words, the fact remains that the NBA and the NCAA have shown with their actions and not just their words what they think of North Carolina’s bathroom bill, and if that state’s Republican-controlled legislature fails to repeal that law by the end of the month, they risk another demonstration of said opinion. There’s not enough lipstick in the entire Mary Kay collection for this porker. The only sensible thing to do is to leave SB6 in a back room somewhere, never to be seen again.

Ogg launches her pot prosecution reform program

We’ve been waiting for this.

Kim Ogg

The Harris County district attorney’s plan to decriminalize small amounts of marijuana drew reactions swift and strong Thursday from both sides of the debate.

District Attorney Kim Ogg made the announced Thursday backed by a bevy of local officials, including Houston Mayor Sylvester Turner, Houston Police Chief Art Acevedo, Sheriff Ed Gonzalez and Harris County Commissioner Rodney Ellis.

“The sky will not fall,” Acevedo said as he voiced his support. “There are already critics out there. We’ve been down this path before with my old department. Rather than see an uptick in crime, in the city of Austin we reduced violent crime between 2007 and 2014 by 40 percent.”

Bellaire Police Chief Byron Holloway, however, said the program seems similar to a program former District Attorney Devon Anderson put into place.

“At first blush, I’m not seeing a difference,” he said. “This is basically giving deferred adjudication up front.”

Yes, that’s my impression as well. This earlier story gives the details.

The policy, set to begin March 1, means that misdemeanor offenders with less than four ounces of marijuana will not be arrested, ticketed or required to appear in court if they agree to take a four-hour drug education class, officials said.

Ogg said the county has spent $25 million a year for the past 10 years locking up people for having less than 4 ounces of marijuana. She said those resources would be better spent arresting serious criminals such as burglars, robbers and rapists.

“We have spent in excess of $250 million, over a quarter-billion dollars, prosecuting a crime that has produced no tangible evidence of improved public safety,” she said. “We have disqualified, unnecessarily, thousands of people from greater job, housing and educational opportunities by giving them a criminal record for what is, in effect, a minor law violation.”

Officials have said it could divert an estimated 12,000 people a year out of the criminal justice system and would save officers hours of processing time now spent on low-level cases. More than 107,000 cases of misdemeanor marijuana cases have been handled in the past 10 years, officials said.

Since there is no arrest, there is no arrest record. Since there is no court date, there are no court documents connected to the encounter. The plan calls for officers to seize the marijuana and drop it off at a police station at the end of their shift, along with a record of the encounter in case the suspect does not take the class.

“You do not get charged with anything,” Assistant District Attorney David Mitcham, who heads the DA’s trial bureau, said Wednesday. “You have a pathway where you can avoid going to court.”

[…]

At the sheriff’s office, the new policy will save up to 12 hours of processing time per month for as many as 1,000 suspects, a move that will ease the workload on administrators and jailers who transfer and process inmates, officials said.

“We’re really encouraged by these swift actions by the district attorney,” said sheriff’s spokesman Ryan Sullivan. “And we are looking forward to working with Harris County’s criminal justice leadership identifying common-sense solutions to our broken criminal justice system.”

Sullivan said the move would likely not affect the jail population significantly, since most misdemeanor marijuana offenders move quickly in and out of jail. On Wednesday, just 12 people were jailed on misdemeanor marijuana offenses and unable to make bail, he said.

Elected district attorneys are given wide latitude in their discretion about how to enforce laws in their jurisdictions. Diversion programs, such as drug courts, have been widely used across Texas, and Austin has launched a “cite and release” program in which low-level drug offenders are given tickets and required to appear in court.

Under the new local program, police would identify a suspect to make sure they do not have warrants or other legal issues, then would offer them the option of taking the drug education class. If the suspect takes the class, the drugs are destroyed and the agreement is filed away.

A suspect would be able to take the class over and over again regardless of past criminal history, officials said.

The new program will keep police on the streets longer each day and reduce costs for lab testing of the drugs, Mitcham said.

If the suspect does not take the class, the contraband will be tested, and prosecutors will file charges and issue an arrest warrant. Offenders could then face up to one year in jail if convicted of the Class A misdemeanor.

The model to think about here is traffic tickets – speeding, running a stop sign, that sort of thing. You get a ticket instead of getting arrested (generally speaking, of course), and you have various options for disposing of the ticket without it appearing on your record. As with speeding tickets but unlike the program put in place by former DA Devon Anderson, you can get a do-over if you get cited again. Given all the strains on the jail lately, keeping some number of mostly harmless potheads out of jail, while keeping cops on the street instead of hauling said potheads downtown for booking, sure seems like a win to me.

As for Montgomery County DA Brett Ligon, whose press release is here, last I checked Montgomery County was not part of Harris County. State law allows for police departments to write citations for low-level drug busts instead of making arrests, and prosecutors have a lot of discretion in how they handle criminal charges. He’s as free to do his thing as Kim Ogg is to do hers, as long as the voters approve. Well, as long as the Lege approves as well, which given that Dan Patrick is having the vapors over this, could change. As we are seeing with many things, the Dan Patricks are out of step with the mainstream. It may take awhile, but that will catch up to them eventually. The Press and Grits for Breakfast have more.

Paxton files brief in favor of Muslim ban

Because of course he does.

Best mugshot ever

Attorney General Ken Paxton issued an amicus brief Wednesday expressing his support of President Donald Trump’s travel ban, effectively becoming the first state attorney general to back the controversial executive order.

Under the executive order, travelers from Syria, Iran, Iraq, Yemen, Sudan, Somalia and Libya are barred from entering the United States for the next 90 days. Last month, the ban immediately created chaotic scenes in major airports across the country, where refugees in transit were detained.

“The law makes it very clear that the president has discretion to protect the safety of the American people and our nation’s institutions with respect to who can come into this country,” Paxton said in a news release. “The safety of the American people and the security of our country are President Trump’s major responsibilities under the law.”

A copy of the brief is here. I don’t even know what there is to say at this point, so let me instead highlight this Chron story from a few days ago, for reasons that will be clear in a moment:

The doctor had waited as long as he could.

For days he had been checking news updates between appointments at Texas Children’s Hospital. Waiting to see if the courts or Congress would permanently strike down President Donald Trump’s restrictions on travel to the U.S. from seven Middle Eastern countries. Waiting to see if the administration would put out clear guidelines for those planning to go abroad. Hoping.

Now, Dr. Alireza Shamshirsaz felt he had run out of time, and he needed to break it to them.

He dialed in via Skype early this week, and there they were, staring back at him from Iran: The expectant parents whose babies almost certainly would die because he wouldn’t be coming to operate on them.

Technically, there was nothing stopping his team from making the trip, he told them. But with uncertainty surrounding the president’s travel restrictions — now tied up in federal courts — he and the other doctors weren’t certain they would be able to return to Houston at the end of their 10-day visit, so they canceled their flights.

“It was a disaster,” Shamshirsaz said, recalling separate video chats with two sets of parents who had been expecting him to perform life-saving surgeries next week on their unborn babies – complicated operations no doctors in Iran can do. “They were sobbing, completely and totally devastated. Now there is no hope for them.”

So, thanks to that now-injuncted travel ban that Ken Paxton supports, three unborn babies may now be dead. You’d think that might tug at the conscience of someone who claims to be staunchly pro-life, but apparently not. I guess some babies just don’t count as much as some others. And while it doesn’t have anything directly to do with this litigation, the fact that ICE is now rounding up domestic violence victims for deportation is on Paxton and his fellow Trump enablers as well. The Press and the Dallas Observer have more.

Pasadena won’t fight election order

The May election in Pasadena will proceed under the pre-redistricting eight-district Council map.

Pasadena City Council

The city of Pasadena will not fight an appellate court ruling over its election system, a decision that will allow the upcoming May council elections to proceed with eight-single member district seats, according to the lead attorney for the city in the closely watched voting rights case.

The elections will proceed under the district format and will not using six neighborhood council and two at-large seats, a system a district judge ruled was discriminatory against Latino voters.

[…]

The city will continue to appeal the judge’s ruling, which also ordered Pasadena to again obtain preclearance from the U.S. Department of Justice before making additional changes to its election system.

See here for the background. The filing deadline for the May election is today, so by not filing a quick appeal of the Fifth Circuit’s ruling that upheld the original order, Pasadena was basically conceding that fight. The appeal of Judge Rosenthal’s ruling on the merits will proceed at some point down the line, though I suppose depending on the outcome of the elections, the new Mayor and Council may choose to drop it. I will of course be following the election as we go forward.