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September 23rd, 2017:

Saturday video break: She’s No Lady

Here’s national treasure Lyle Lovett:

You’ll have to ask him if he wrote that about Julia Roberts. In the meantime, here’s Lou Rawls:

Also a national treasure. You might be able to get away with having this song dedicated to your wife if she hears Lou Rawls singing it.

Fifth Circuit hears SB4 injunction arguments

Big day in court.

The immediate future of Texas’ immigration enforcement law hinges on whether a three-judge panel in New Orleans was swayed Friday by the state’s attorneys that the legislation is essential to public safety and should not have been partially blocked by a federal judge days before it was scheduled to go into effect.

Attorneys on both sides of the issue used most of their allotted 40 minutes on Friday before the U.S. 5th Circuit Court of Appeals debating two major provisions of Senate Bill 4: whether local governments can be required to honor all ICE detainers, and whether local governments can be required to assist immigration officers on other matters.

[…]

Last month, U.S. District Judge Orlando Garcia halted the part of the bill that required jail officials to honor all detainers. He also blocked other sections that prohibit local entities from pursuing “a pattern or practice that ‘materially limits’ the enforcement of immigration laws” and another that prohibits “assisting or cooperating” with federal immigration officers as reasonable or necessary.

The Texas Attorney General’s office is asking the 5th Circuit court to lift those blocks while the case winds through the appeals process.

See here and here for the background. There’s too much argument to excerpt, so go read the whole thing. The main thing to keep in mind is that this is about whether or not the “sanctuary cities” law can be enforced while the litigation is ongoing. The injunction was put in place before enforcement was set to begin, so from that perspective things are no different today than they were before SB4 was passed. In practice, of course, things are very different, with immigrant communities living in terror as the state argues that they’re the cause of all our problems. The Fifth Circuit is on its own timeline for a ruling on the injunction, while there will be a hearing in early November for more arguments on the injunction and whether the case should proceed on its merits. In the meantime, we wait. The Current has more.

Let’s review those flood control regulations

Seems like a good idea, wouldn’t you say?

The U.S. Army Corps of Engineers has agreed to review Harris County’s flood control regulations to gauge whether they sufficiently neutralize the flood risk posed by the region’s booming development, a question that has drawn increasing scrutiny after a series of storms in recent years, capped by Hurricane Harvey, have devastated the region.

The Harris County Flood Control District already had begun a review of the regulations and asked in August for a third-party re-examination by the Corps. The district expects preliminary results at the end of October.

“We are looking at where development is going, is there any trend that we are seeing,” said Ataul Hannan, planning division director for the flood control district. “We might have to go in and fine-tune areas.”

The county’s flood control rules largely center around a principle called “detention,” a requirement that any development – subdivision, strip mall, gas station – hold runoff in a basin and release it slowly so as to not increase flooding downstream.

Regulations mandate that the basins, also called detention ponds, hold enough water to mimic the landscape being paved over.

After repeated storms in recent years, a growing chorus of critics has connected the county’s rapid development with its destruction.

Following last year’s Tax Day floods, a Houston Chronicle investigation found that flood control regulations, including detention requirements, routinely were undercut by developers.

[…]

Jim Blackburn, an environmental attorney who has sued the Corps and the county over flood control issues, said a Corps review would not be objective, given the ties between the agencies.

“They need an independent assessment because the problem with Harris County’s detention regulations is they are not strict enough,” said Blackburn, a co-director of Rice University’s center for Severe Storm Prediction, Education, and Evacuation from Disasters.

The city will be doing its own separate review of its detention requirements in the coming months. Doing the review is one thing, but enforcement is quite another, and ensuring that the review is sufficient and spares no concern about anyone’s feelings is still one more. There’s no room for denial anymore. We’ve been given a very clear demonstration of what the flaws in our current policies are. There’s no excuse for not getting it right this time.

Ruby Polanco

This happened late last month, and kind of got lost in the Harvey fallout.

Ruby Polanco

A year after Ruby Polanco first noticed that the San Antonio Independent School District’s non-discrimination statement for students and employees didn’t mention gender identity, gender expression or sexual orientation, the 17-year-old won her first policy victory.

Polanco submitted a petition and spoke to SAISD’s board of trustees, which voted unanimously last week to add those categories.

“It’s a matter of protection and equal education and safety for all, especially the district’s most vulnerable members,” Polanco told the board. “What makes discrimination based on other factors more significant than discrimination based on gender identity, gender expression and sexual orientation?”

Not counting Twitter, it was Polanco’s first foray into advocacy — but she isn’t done. The Young Women’s Leadership Academy senior is contacting other school districts around the state and urging them to make the same changes.

“I want to do more for those districts where students are still left out of those statements,” Polanco said.

[…]

SAISD’s non-discrimination statements already prohibited gender-based discrimination against students or employees, and its non-discrimination policy for students included an explanation that gender-based harassment included “conduct based on the student’s gender, the student’s expression of characteristics perceived as stereotypical for the student’s gender, or the student’s failure to conform to stereotypical notions of masculinity or femininity.” The policy gave examples of gender-based harassment “regardless of the student’s or the harasser’s actual or perceived sexual orientation or gender identity.”

Even with that definition, Polanco said, districts need to be more specific as times change.

“Without that language, it can be interpreted different ways,” she said. “If a transgender girl had applied to our school before, it would be a question, but now it’s a reassurance: You will not be discriminated against.”

SAISD’s official statement is here. The updated policy was adopted on August 21, but it wasn’t until last week at the subsequent board meeting that the conservative backlash began in earnest. There’s nothing new here under the sun – the same tiresome lies are being used against the policy by the usual assortment of liars and the rabble they are able to rouse with those lies – but if we’ve learned anything from the HERO fight, it’s that one cannot sleep on this cacophony. So please, my friends and fellow travelers in San Antonio, get organized and be prepared for whatever campaign activity these jokers have planned. And please make sure Ruby Polanco gets all the support she needs to keep doing what she’s doing. We need more like her.