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December 22nd, 2017:

Friday random ten: California dreaming

I had no idea I had this many California songs.

1. California – The Aislers Set
2. California – Delta Spirit
3. California – Joni Mitchell
4. California (There Is No End To Love) – U2
5. California Christmas – Brooke White
6. California Girls – The Beach Boys
7. California Gurls – Katy Perry Feat. Snoop Dogg
8. California Here I Come – Shorty Long
9. California Sun – The Rivieras
10. California Wasted – Toad the Wet Sprocket

Don’t worry, I have plenty of “Texas” songs, too. And please note that I generate these lists by the first word in the song title, so “Hotel California” isn’t in consideration here. I’ll need to go back and re-listen to the first three songs on this list to remind myself if they’re all different or if there’s a cover or two in there. Maybe over the holiday. Hope you have all your Christmas shopping done, if that’s a thing you need to worry about.

Microbrewery legal setback

Kind of a lousy Christmas present.

Three Texas brewers are going back to battle with the state after an appeals court reversed a decision that would have allowed them to sell their distribution rights for monetary compensation.

In 2014, Peticolas Brewing Co. (Dallas), Revolver Brewing (Granbury) and Live Oak Brewing Co. (Austin) sued the Texas Alcohol and Beverage Commission, saying a newly passed law related to who could sell a brewery’s distribution rights was unconstitutional. The mandate, which passed in 2013 with a bundle of other beer regulation reforms, said breweries may not accept payment for contracting with a distributor, but that a distributor could get a payout if it sold those same territorial rights to another distribution company.

Last year, a judge served victory to the breweries. But on Dec. 15, the Texas Third Court of Appeals reversed that decision. It stated, in part, the law does not prevent the brewers from successfully operating their businesses and that it also upholds the industry’s three-tier system, which aims to avoid conflicts of interest between alcohol manufacturers, distributors and retailers.

The decision will be appealed to the Texas Supreme Court, according to a statement from Institute for Justice, which is representing the breweries.

“It is well established that the Texas Constitution protects economic liberties, and these rights do not cease to exist when the government begins licensing and regulating individuals and businesses,” said Arif Panju, managing attorney for Institute for Justice’s Texas office, in a statement. “Every business in Texas should be concerned with the court’s ruling in this case. It is dangerous and we will ask the Texas Supreme Court to reverse.”

See here, here, and here for the background. You know how I feel about this. The three-tier system is an anachronism and a travesty, a glaring counterexample to any politician’s paeans to how Texas has a great business environment. Yet it persists, a lasting tribute to the lobbying efforts of the beer distributors and the big breweries that support them. As with so many things in this state, the ultimate solution is going to have to be a political one. Nothing will change until we elect enough people who want it to change. Austin360 has more.

More on Mark Phariss

I figured it was just a matter of time before someone wrote a feature story about Mark Phariss’ candidacy for State Senate.

Mark Phariss

The man who sued Texas to overturn the state’s ban on gay marriage will run for Senate as a Democrat, vying for the seat that represents much of Collin County.

Mark Phariss told The Dallas Morning News he decided to run after seeing Democrats win in other Republican strongholds, like Virginia and Alabama.

“When I was accepting the fact that I was gay, there were two things I kind of thought I had to give up: One, getting married, and two, running for political office,” Phariss said Tuesday. “I need to quit assuming what people will think. I need to allow them the choice.”

Phariss, a business attorney based in Plano, and longtime partner Victor Holmes, an Air Force veteran, were two of four plaintiffs who sued Texas in 2013 over its ban on same-sex marriage. Their case was in progress when the U.S. Supreme Court extended the right to marry to all same-sex couples in June 2015.

Phariss and Holmes wed just months later. Between the day the two met and the day they could legally call each other “husband,” 18 years had passed.

Phariss will first face Plano resident and engineer Brian Chaput in the Democratic primary on March 6. Whoever wins that race will proceed to the November general election against either Angela Paxton or Phillip Huffines, who are duking it out for the GOP nomination.

Paxton is the wife of Attorney General Ken Paxton, an outspoken opponent of same-sex marriage, and Huffines is the twin brother of Don Huffines, a Republican senator who represents Dallas. If Phariss advances to the general election and wins, he’d be Texas’ first openly gay state senator.

Well, not exactly. That’s because Fran Watson is also running for State Senate, in SD17, and as that is a more purple district than SD08, she arguably has the better chance of earning that distinction. But hey, who knows, maybe both of them will be elected. In that case, they can toss a coin or use the random draw for seniority, which is used for office-selection purposes, to determine who the true “first openly gay state senator” is. I’m sure neither of them would mind having that debate.

The most dangerous places for pedestrians in Texas

There are a lot of them.

Pedestrian safety is a priority driver safety issue in Texas – where non-motorist fatalities have steadily increased every year since 2012.

At the Hill Law Firm, we wanted to be a part of the solution. Pedestrians of any age are amongst the most vulnerable road users. Even at low speeds, a motor vehicle collision with a pedestrian can lead to catastrophic injuries. So, in order to help prevent pedestrian collisions from ever occurring, we first had to find out where exactly pedestrians are at high-risk of being struck, injured or killed by vehicles on Texas roads. We enlisted the help of data visualization firm 1Point21 Interactive and analyzed the four latest available years of crash data (2012 – 2015) from the Texas Department of Transportation.

Our study examines the issue, maps out every location where a pedestrian collision occurred and identifies and highlights high danger areas across the state.

Through geospatial analysis, we identified 73 high-risk zones in the state of Texas, where 10 or more pedestrian collisions occurred during the study period. Within these zones, there were a total of 1088 pedestrian crashes, 1044 injuries, and 41 fatalities – all disproportionately high totals.

Click over for more. There are five Houston intersections listed in their top 25, with Wheeler & Main being the most hazardous. The danger zones in most cities are concentrated in a couple of locations, but in Houston the trouble spots are more spread out. If you’ve ever had to cross one of our many multi-lane thoroughfares, where people often drive like they’re on the freeway, you know what it’s like. Unfortunately, I don’t expect that to change any time soon.