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April 14th, 2017:

Friday random ten: Ladies’ night, part 41

Down to the last three.

1. Where Do You Run To – Vivian Girls (Cassie Ramone, Katy Goodman, Ali Koehler)
2. Launderette – Vivien Goldman
3. Christmas Wrapping – The Waitresses (Patty Donahue)
4. Do You Know The Way To San Jose? – Dionne Warwick
5. It’s Raining Men – The Weather Girls (Martha Wash and Izora Armstead)
6. My Guy – Mary Wells
7. Its Been So Long – Wendi Slaton
8. Waterfall – Wendy & Lisa
9. I Can Swing A Hammer – The Wet Secrets (Kim Rackel, Emma Frazier)
10. Hungry – White Lung (Anne-Marie Vassiliou, Mish Way)

Yeah, two more mis-sorted names. Also three 80s groups. And now two more of these lists to go.

Would a contested primary for Senate be bad for Dems in 2018?

I have three things to say about this.

Rep. Beto O’Rourke

A primary showdown between two well-liked and well-funded Democrats would add an extra layer of time and money for [Rep. Beto] O’Rourke and potentially [Rep. Joaquin] Castro – and could make it easier for Cruz to brand the winner as an out-of-touch liberal if O’Rourke and Castro need to spend time winning over the state’s liberal base.

“A competitive primary will split the party, leave hard feelings and limit the ability to raise the money needed to compete in the general” election, said University of Houston professor Brandon Rottinghaus, author of a recent book on Texas politics. “Two competitive Democrats in the primary who have run in the past has fractured the party and created new fault lines that Dem voters weren’t able to cross.”

Rottinghaus brought up the 2002 election, in which former Dallas Mayor Ron Kirk won a four-way Democratic primary to challenge Sen. John Cornyn for an open seat at the time. While Republicans were united behind Cornyn’s ultimately successful bid, Democrats were divided by geographical and ideological interests that made it harder to win the general election.

In recent years, big-name Democrats have largely stayed out of one another’s way in statewide races. State Sen. Wendy Davis of Fort Worth faced nominal opposition in her 2014 gubernatorial bid against Greg Abbott, which she lost. Democrats did not contest primaries in races for lieutenant governor or attorney general.

1. I dispute the notion that a contested primary is necessarily a “good” or “bad” thing for a party’s chances in November. I certainly disagree with the assertion about the 2002 Senate primary. For one thing, it was mostly overshadowed by the Tony Sanchez/Dan Morales gubernatorial primary. For another, Ron Kirk was one of the better-performing Democrats, getting a higher percentage of the vote than any Dem after John Sharp and Margaret Mirabal. I’m gonna need to see some numbers before I buy that argument. Plenty of candidates have won general elections after winning nasty, brutal primary fights – see Ann Richards in 1990 and Ted Cruz in 2012, to pick two off the top of my head. I’ll bet a dollar right now that if Ted Cruz is re-elected next year, a primary between Beto O’Rourke and Joaquin Castro will be very low on the list of reasons why he won.

2. We don’t know yet if Castro will run or not – he says he’ll tell us later this month. As was the case last week in Dallas, Castro has made multiple appearances at events with Beto O’Rourke, which for now at least has kept everything nice and civil. I’ve said that I don’t think Castro will give up his safe Congressional seat and increasingly high profile within the party for what everyone would agree is a longshot run against Cruz. (Though perhaps somewhat less of a longshot if the political conditions from that Kansas special election persist through next November.) If he does, however, and especially if he does in the context of having to win a March election first, then I’d suggest it’s because he thinks his odds of winning are better than the current empirical evidence would imply. Maybe he’d be wrong about that, but I believe if Castro jumps in, it’s because he really believes he can win, above and beyond the usual amount that candidates believe.

3. Whatever Castro does, I do hope Beto O’Rourke faces at least one primary challenger, even if that’s a fringe or perennial candidate. I want him to take it seriously and begin engaging voters as soon as possible. As I said before, I was wrong to be dismissive about the 2014 primaries and what they meant for that November. Whoever else runs, I prefer to see this primary as an opportunity and not a threat.

Lawsuit filed over Muslim ban documents

From the inbox:

The American Civil Liberties Union of Texas filed a Freedom of Information Act (FOIA) lawsuit [Wednesday] demanding government documents about the on-the-ground implementation of President Trump’s Muslim ban.

Today’s action is part of a total of 13 FOIA lawsuits filed by ACLU affiliates across the country. The ACLU of Texas lawsuit is seeking records from U.S. Customs and Border Protection’s Houston Field Office.  In particular, the lawsuit seeks records related to CBP’s implementation of President Trump’s Muslim ban at Houston’s Bush Intercontinental Airport (IAH) and Dallas Ft. Worth International Airport (DFW). The ACLU first sought this information through FOIA requests submitted to CBP on February 6. The ACLU is now suing because, other than acknowledging receipt of the request, the government has failed to respond.

“Transparency and accountability in our government are fundamental marks of a vibrant democracy,” said Edgar Saldivar, senior staff attorney of the ACLU of Texas. “If our government is to be truly of the people, by the people, and for the people, the American public needs to know what goes on behind the veil of federal agencies. FOIA gives us that right. And with this lawsuit, we expect to find out more about CBP’s role in carrying out the Muslim ban.”

“President Trump has tried twice to force his unconstitutional and ham-fisted Muslim ban on the public, and twice American courts have had to remind him — swiftly — that he is not above the law,” said Terri Burke, executive director of the ACLU of Texas. “CBP’s refusal to comply with our FOIA requests indicates that not everyone in the Trump administration got the message. But we will continue to do everything in our power to ensure that CBP respects our laws, as well as the people — all of the people — they protect.”

“CBP has a long history of ignoring its obligations under the federal Freedom of Information Act — a law that was enacted to ensure that Americans have timely access to information of pressing public concern. The public has a right to know how federal immigration officials have handled the implementation of the Muslim bans, especially after multiple federal courts have blocked various aspects of these executive orders,” said Mitra Ebadolahi, Border Litigation Project Staff Attorney with the ACLU of San Diego and Imperial Counties.

Each lawsuit seeks unique and local information regarding how CBP implemented the executive orders at specific airports and ports of entry in the midst of rapidly developing and sometimes conflicting government guidance.

The coordinated lawsuits seek information from the following local CBP offices:

Atlanta
Baltimore
Boston
Chicago
Detroit
Houston
Los Angeles
Miami
Portland
San Diego
San Francisco
Seattle
Tampa
Tucson

All of the affiliate FOIA lawsuits will be available here:
https://www.aclu.org/other/aclu-cbp-foia-lawsuits-regarding-muslim-ban-implementation

This release can be found here:
https://www.aclutx.org/en/press-releases/aclu-texas-files-lawsuit-demanding-documents-implementation-trump-muslim-ban

The ACLU national release is here:
https://www.aclu.org/news/aclu-files-lawsuits-demanding-local-documents-implementation-trump-muslim-ban

The ACLU national release on the original FOIA requests is here:
https://www.aclu.org/news/aclu-files-demands-documents-implementation-trumps-muslim-ban

The ACLU of Texas release on the original FOIA request from is here:
https://www.aclutx.org/en/press-releases/aclu-texas-files-demands-documents-implementation-trumps-muslim-ban

More background on CBP’s FOIA practices is here:
https://www.aclu.org/letter/aclu-letter-cbp-re-foia-practices-july-2016

Here’s a Chron story about the lawsuit. Given what a debacle this all was (and still is), we deserve to know exactly what happened and to whom.

Improving Metro service for disabled riders

It’s a work in progress.

Many elderly and disabled people in the region rely on the bus, and a 6-foot stretch of missing sidewalk can cut off their access completely. Advocates expect better from the city with the world’s largest medical center, home to the former president, George H.W. Bush, who signed the Americans With Disabilities Act – and who now uses a wheelchair to get around himself.

Largely via prodding from [Metro board member Lex] Frieden, who helped craft the Americans With Disabilities Act, Metro officials are taking another look at increasing access for disabled and elderly riders by improving their paths to mass transit. As Metro revamps its own policies that might drive away disabled riders – such as tense interactions with bus operators – the larger issues remain smoothing over Houston’s bumpy sidewalk system and repairing Metro’s crumbling concrete slabs at many bus stops.

City leaders agree there are major problems, ranging from poorly maintained sidewalks to ill-placed utility poles and electrical boxes.

“I am very sensitive about that, especially with the disabled community,” Mayor Sylvester Turner said.

Aside from the city’s own sidewalk plans, Metro officials expect to spend $16.5 million over the next five years, including more than $3.5 million in the current fiscal year on “universal accessibility,” a hodgepodge of projects aimed at making it easier for everyone to get to a bus. Projects include improved sidewalks, rebuilt ramps, making bus stop slabs level and even adding trash cans.

Still, problems persist even as Houston enjoys new development that brings new sidewalks and street crossings.

“Overall, it is getting better,” Frieden said on a recent tour of problem spots old and new along Metro’s routes. “Any time there is new development, there is new construction that is up to code and often it is better. The problem is that one exception that keeps me from benefiting from the new development.”

Increasing access to Metro buses also helps curtail the growing demand for costly, door-to-door paratransit provided by MetroLift.

MetroLift cost $54 million in 2014, about the same the agency spent on commuter bus services to park-and-ride lots, which provided four times as many trips. On a per-trip basis, each 2014 MetroLift trip cost $22.51 for a taxi ride or $30.46 for a small bus equipped with a wheelchair lift, according to the Federal Transit Administration. Every conventional bus trip costs Metro $4.78 on average.

I wrote about the need for good sidewalks in my Vision for Metro post about boosting bus ridership. I admit I didn’t think of it in terms of making the system more accessible for disabled riders, which as this story notes would allow Metro to provide fewer of the more expensive MetroLift rides, but the principle was the same. People can’t and won’t ride the buses if they can’t get to and from the bus stops in a safe and convenient manner. It’s good that Metro is putting some money into addressing the issue, but let’s be clear that this is not, and should not be, strictly a problem for Metro to solve. It’s a Houston issue and a Harris County issue, too. We all need to treat it like the pressing concern that it is.

Making vaccination information public

I support this.

While most parents in Texas vaccinate their children, the number of parents opting out of immunizations for non-medical reasons is on the rise. Since Texas changed its laws to allow parents to opt out citing a conscientious objection, the number of unvaccinated children has shot up more than 1,700 percent in 13 years, to 45,000 from 2,300. In response, parents and health advocates are backing an effort to increase public reporting on how many students who have skipped vaccines attend each school.

Currently, that data is housed at the state level and available via an open-records request. County and school district-level data also is available online.

House Bill 2249 would require the Texas Department of State Health Services to publish school-by-school data that would indicate the total number of students who forgo vaccinations, including those who opt out by choice, such as a religious objection. No names or identifying information would be listed.

Advocates for publishing the data say the information would offer parents insight into their child’s school and help them weigh whether to switch, particularly for parents of medically fragile children like Riki Graves’ daughter, Juliana. Now 3, she received a new heart at 18 days old, and doctors say she will need to attend a school where least 95 percent of the students are immunized.

“My job as a transplant mom is to protect that organ,” said Graves as she drove from her home in Sugar Land to Austin where she plans to testify before the House Public Health Committee on Tuesday. “We have the data … there’s no reason not to publish it.”

Opponents say there are plenty of reasons, including children’s medical privacy.

“If this is truly about keeping children safe, we have to have that honest conversation about keeping all people safe. It puts a target on the backs of children whose parents have chosen to opt out for various different reasons,” said Jackie Schlegel, a mother of three and executive director of Texans for Vaccine Choice, a grass-roots parent group that has ballooned in recent years as the movement against vaccinating children has gained traction. The group is planning a rally at the Capitol on Thursday, dubbed the “freedom fight.”

“At schools where you do have a high number of opt-out, we are creating a witch hunt against families, and that’s just unacceptable,” Schlegel said.

We clearly have a different definition of “unacceptable”. I think knowing that a given school has a high rate of unvaccinated children is something any parent would want to know. HB 2249 has four co-authors, two of whom )JD Sheffield and John Zerwas) are medical doctors, which ought to tell you something. As the story notes, an identical bill passed the House in 2015 but never got a hearing in the Senate. Let’s hope this year’s version meets a better fate. The Trib has more.