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May 26th, 2018:

Lupe and Beto

Beto O’Rourke has a year-old, well-funded campaign for US Senate. Lupe Valdez doesn’t have anything like those advantages in her campaign for Governor. Will her lower profile effort have a negative effect on his higher profile one?

Rep. Beto O’Rourke

The race for governor is often the biggest spectacle in Texas politics, and the governor’s mansion the biggest prize.

But the contest between incumbent Republican Greg Abbott and Democratic nominee Lupe Valdez is forecast to be not much of a contest at all. Abbott, who in 2014 beat former state Sen. Wendy Davis by 20 percentage points, looms like Goliath on the political landscape, with Valdez lacking the weaponry to take him down. She needs more than five smooth stones.

Democrats have focused much of their attention on the remarkable campaign of Beto O’Rourke, the El Paso congressman who’s challenging incumbent Ted Cruz for Senate.

The Cruz-O’Rourke showdown is the marquee race of the season, and could change the fortunes of Democrats and Republicans alike.

With Abbott poised to spend more than $40 million to turn out the Republican vote and in the process help Cruz, the question becomes: does Valdez’s presence on the ticket hurt or help O’Rourke?

Lupe Valdez

“Compared to nothing, she helps,” said Mark Jones, a political scientist at Rice University.

[…]

Paul Quinn President Michael Sorrell, who Democrats recruited to run for governor, said Valdez’s presence on the ticket will have little impact on O’Rourke’s efforts.

“I don’t think Lupe makes a difference to this race,” Sorrell said. “People view Beto’s race as a separate entity from Lupe’s race.”

Veteran Republican consultant Bill Miller said Valdez could be a problem for O’Rourke and other Democrats because her campaign is so irrelevant.

“The Democrats believe she helps, but in my opinion she hurts,” Miller said. “She’s not going to be a strong candidate and her race is not a hot race. She’s going to be discounted early on and that won’t help O’Rourke.”

My inclination is to agree with Michael Sorrell. We haven’t had a situation like this in recent memory. In the recent years where we have had concurrent races for Senate and Governor:

– Wendy Davis’s gubernatorial campaign was much higher profile than David Alameel’s Senate campaign in 2014. Not that any of it made much difference.

– The four-way Governor’s race in 2006 defies comparison to anything else.

– Both Tony Sanchez and Ron Kirk had well-funded campaigns in 2002, with Kirk doing a few points better in the end.

Honestly, the real factor here is Greg Abbott and his gazillions of dollars, which would be a major concern no matter who was his opponent. Valdez has improved as a candidate after a rough start, and in the end I think she’ll raise a million or two bucks, which is a water balloon against Abbott’s fire hose but will at least allow for some kind of campaign activity. The main way Abbott can use his money to affect other races is by spending a ton on GOTV stuff, which again he’d do if he were running instead against Andrew White or Julian Castro or whoever your fantasy alternative candidate might be. He still has to contend with whatever chaos Donald Trump unleashes, whatever discontent the electorate may feel about Hurricane Harvey and gun violence, and other things that money may not be able to ameliorate. All things considered, I think Valdez’s campaign will have little effect on Beto’s. It’s unlikely to be of any help, but it probably won’t hurt, either.

(Yes, I wrote this before the property tax story came out. I still don’t think one campaign will have much effect on the other.)

Opioid lawsuits

From last week:

Attorney General Ken Paxton is leading Texas into a lawsuit against Purdue Pharma for exacerbating the opioid crisis among Texans.

In an announcement Tuesday afternoon, Paxton, a Republican, flanked by several assistant attorney generals, said the state is taking the drug maker to court for misrepresenting the risks of opioid addiction.

“We must make those who have caused the opioid crisis feel the pain that they have inflicted on our community,” Paxton said.

Other states, including Tennessee, Florida, North Carolina, North Dakota and Nevada, are also pursuing lawsuits against Purdue.

While the state is planning to sue, Paxton said the main issue now is getting injunctive relief from the courts so that Purdue will have to stop misrepresenting their drugs.

The lawsuit comes as more states, cities and counties across the United States are turning to the courts as they grapple with how to hold drug makers and distributors accountable amid a harrowing — and growing — epidemic that led to more than 42,000 opioid overdoses in 2016. Main culprits in the public health crisis include prescription painkillers, such as Hydrocodone, OxyContin and the synthetic drug fentanyl, and heroin.

[…]

Paxton’s office wrote in a May 10 letter to the Texas Supreme Court that it planned to file a lawsuit under the state’s Deceptive Trade Practices Act. The consumer protection statute forbids companies from misrepresenting themselves or their products to Texans. Examples of misrepresentation include false or misleading advertising, exaggerating or misrepresenting the benefits or endorsements of a product or service, making false statements about the manufacture or origin of a product, passing off used products as new ones and price gouging.

Paxton said he’s leading Texas to sue Purdue for several reasons including for lying to doctors and patients about the possibility of increasing opioid dosages without risk, falsely representing that common signs of addiction are signs the patient needs higher opioid dosages and misrepresenting the risk of becoming addicted to the company’s abuse-deterrent formulation OxyContin.

Later in the week, Bexar County followed suit.

Bexar County on Thursday filed a lawsuit against opioid manufacturers and distributors that it says are responsible for the “tremendous expense” and devastating local impact endured as a result of the addiction epidemic.

“As of today we know that in San Antonio 100 residents have died annually from overdosing on opioids,” Bexar County Judge Nelson Wolff said at a press conference at the County courthouse.

Filed in state district court, the lawsuit follows commissioners’ resolution in October to pursue litigation against more than 50 companies, including Johnson and Johnson, Teva Pharmaceutical, and Purdue Pharma, the maker of the synthetic opioid OxyContin.

“These manufacturers and distributors did not only put opioids into the market,” Martin Phipps, a lawyer with Phipps Anderson Deacon, said at a press conference Wednesday. They also advertised opioids directly to the military and specific populations and misled prescribers regarding potential for addiction and other long-term health complications, including brain and liver damage, he explained.

The firm is working with local law firm Watts Guerra to bring the lawsuit forward on the County’s behalf.

The city of San Antonio may join in later in the year. Dallas County was ahead of the curve.

Dallas County sued a slew of drug companies and doctors this week over their alleged roles in the deadly opioid epidemic, joining dozens of other governments nationwide that have launched court battles.

The 59-page claim filed Monday in Dallas County court accuses at least 11 pharmaceutical companies — including Purdue Pharma, which makes the bestselling painkiller OxyContin — and three local doctors of knowingly pushing addictive drugs on patients while claiming they were safe. The three doctors have all been convicted of illegal “pill mill” over-prescription practices.

“While using opioids has taken an enormous toll on Dallas County and its residents, defendants have realized blockbuster profits,” the lawsuit said. “In 2014 alone, opioids generated $11 billion in revenue for drug companies like defendants.”

[…]

County Judge Clay Jenkins said the goal of the lawsuit is to recoup some of the money that the county has had to pay for medical care and substance abuse treatment at Parkland Memorial Hospital, as well as responses by law enforcement and the jail. The suit is seeking actual and punitive damages, without specifying a number.

“When a large swath of your population becomes addicted to drugs, it’s not just them — it’s a loss of productivity, an increase in criminal activity, the jail cost associated with this — it just hits you across the board,” Jenkins said. “Taxpayers feel all of that.”

I have to assume that Harris County and the city of Houston are looking into this as well. Perhaps a reporter ought to inquire about that. Other states and localities around the country blazed the trail last year. This may all seem far-fetched, but one need only look back at the litigation filed against tobacco companies in the 90s to see the possibilities. At some level, this is what tort law and the civil courts are all about. And when you read about the family that has been raking in millions of dollars from all this, you might think it’s about time someone did something about it.

Zipcar parking arrangement approved

Good.

The City Council on Wednesday said companies can start immediately applying for agreements with the city that allow them to use on-street parking spaces so vehicles are visible and easily available to users. Companies such as Zipcar allow people to check out vehicles with a smartphone app and rent them by the day or hour. Drivers can then leave the vehicles in any designated spot.

Council members also approved continuing the current agreement with Zipcar for four on-street parking spots in Midtown.

With citywide rules in place, Mayor Sylvester Turner said he hopes more companies come forward to offer vehicles. A handful of companies — typically subsidiaries of larger well-known car manufacturers or car rental agencies — have entered the industry.

After delaying approval two weeks ago, council members approved the proposal by the city’s regulatory affairs department, with some changes. District I Councilman Robert Gallegos, sought more focus on using renewable-energy and fuel-efficient vehicles, as well as greater oversight of exactly where the spaces will be located.

Up to 20 spaces total will be used for car-sharing at first, and any additional ones must be approved by council. Before any spaces may be used for car-sharing — following approval by a traffic engineer and ParkHouston — city staff must notify any property owners within 200 feet of the space and the appropriate city council district office.

See here for the background. As the previous story notes, Zipcar is leasing these spots from the city, which seems like a reasonable arrangement to me as long as they’re paying a fair market rate. We need to find ways to encourage people to use cars less on a daily basis, and one way to accomplish that is to make it easier for them to get a car when they do need one. This is a step in the right direction.