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June 8th, 2018:

PPP: Cruz 48, O’Rourke 42

Hey, look, another poll.

Rep. Beto O’Rourke

Democrat Beto O’Rourke trails U.S. Sen. Ted Cruz, R-Texas, by 6 percentage points, according to a new poll commissioned by Giffords, the gun control group started by former U.S. Rep. Gabrielle Giffords, D-Ariz.

The survey, done by the left-leaning firm Public Policy Polling, found Cruz leading O’Rourke 48-42 percent, with 10 percent undecided. O’Rourke’s deficit narrowed to 1 point — 44-45 percent — after respondents were read a series of statements about his and Cruz’s positions on guns, including O’Rourke’s support for an assault weapons ban.

Cruz has seized on that support to criticize O’Rourke as too liberal for Texas, saying he’s campaigning on “aggressive gun control.” But the poll found a majority of voters — 51 percent — were much or somewhat more likely to get behind O’Rourke after hearing that he wants to outlaw assault weapons.

[…]

The poll surveyed 861 Texas voters from May 21-22 using automated telephone interviews. It had a margin of error of +/- 3.3 percentage points.

You can see the poll data here. As a reminder, here are the other polling results we’ve had so far:

WPA, Jan 5: Cruz 52, O’Rourke 34
PPP, Jan 27: Cruz 45, O’Rourke 37
Quinnipiac, April 19: Cruz 47, O’Rourke 44
Quinnipiac, May 31: Cruz 50, O’Rourke 39

Remember how those two Q-polls gave everyone whiplash, going from “The race is statistically tied!” to “So much for that so-called ‘blue wave’!” in what seemed like minutes. Maybe it would be helpful to point out that if you take the average of those two polls – which is to say, treat them as a combined sample rather than two separate and independent data points – you get Cruz 48.5, O’Rourke 41.5, or something very close to this result. If you average all five polls, you get Cruz 48.4, O’Rourke 39.2, and the main reason Beto’s total is that low is that one early Republican firm’s poll, which I think we can all agree now looks a bit like an outlier.

One other point to make is that in this PPP sample, Donald Trump has an approval rating of 49 approve and 46 disapprove. He was at 47/44 in that second Q-poll, the one with Cruz up by 11. Trump’s approval has bounced around in various polls, not all of which included horse-race questions, and not too surprisingly where there are race questions the Dems tend to do better the worse Trump does. This result is an exception to that; indeed, that earlier PPP poll showing Cruz up by 8 did so in the context of Trump’s approval being negative by three points. In some ways, I find this the most encouraging part of the PPP result.

As for the “now that you know this about the candidates’ views on gun control” stuff, you can take that as you want. At least O’Rourke will have the wherewithal to make sure people know about that aspect of Cruz’s candidacy, but beyond that I’m back in “it’s just another data point” territory. I want to believe, but I need further convincing.

If I had a boat…

I wouldn’t have used it to go Harvey-watching. Where does he get this crap?

President Donald Trump praised the Coast Guard for its heroics during Hurricane Harvey Wednesday, but credited the high number of water rescues to people taking their boats out to watch the storm roll in, baffling first responders.

Trump was on a conference call with state and federal leaders in preparation for another dreadful hurricane season. During the call, Trump thanked the Coast Guard for their service in helping save 16,000 people after Harvey, Hurricane Maria and other storms. The Coast Guard doesn’t “get enough credit,” Trump said.

“Sixteen thousand people, many of them in Texas, for whatever reason that is. People went out in their boats to watch the hurricane,” Trump said. “That didn’t work out too well.”

Harris County Sheriff Ed Gonzalez took umbrage with the president’s remarks, crediting civilians with making an “extraordinary effort” with their own boats to rescue neighbors, relatives and pets as Hurricane Harvey flooded the Texas coast with 52 inches of rain last year.

“I didn’t see anyone taking the approach that would reflect his comments,” Gonzalez said. “I’ll be sure to invite the president to ride out the next hurricane in a jon boat in Galveston Bay the next time one approaches,” he added.

No one could explain the president’s comment.

When asked by the Houston Chronicle to confirm if Texans were out on boats gawking at the storm, Texas Gov. Greg Abbott said he had “no information one way or another about that.”

Coast Guard Petty Officer Edward Wargo said: “I don’t know how we would go about confirming that,” when asked for evidence.

“I don’t even know how to respond to that,” said Marty Lancton, president of the Houston Professional Fire Fighters Association.

In another reality, I’d just assume Donald Trump is stoned. In this world, there’s no point in trying to explain anything he says or does. He lies and he makes shit up, and that’s all there is to it. The Associated Press has more, but I can’t leave it like this. I need something to cleanse my palate.

There. Much better now.

Are you nostalgic for some strip club litigation?

Then this is your lucky day.

The legal fight over the striptease business in Houston has heated up, again.

Two topless bars are suing the city of Houston over a controversial, years-old legal settlement they say unfairly hampers business at all but a select group of clubs.

In a June 1 filing, lawyers for Chicas Cabaret and Penthouse Houston argued that the 2013 settlement — which allowed sixteen strip clubs to skirt the city’s sexually-oriented business ordinance by making annual payments to fund an anti-human trafficking unit in the Houston Police Department — amounts to a commercial bribery scheme.

The two north Houston clubs argue the settlement is “unlawful, unfair, and anti-competitive in nature,” and impacted their ability to do business.

“Our position is that discriminating against some clubs and showing favoritism towards others is just plain wrong under the Constitution and Texas law,” said Spencer Markle, attorney for Chicas Cabaret and Penthouse Houston. “That’s why we’re taking them to task.”

The strip clubs are seeking a restraining order that would either prevent city officials from allowing the “sweet 16” clubs to avoided the city’s sexually-oriented business ordinance, or allow Chicas and Penthouse to join the agreement under the same terms.

“We just don’t want to be at a business disadvantage compared to the other clubs that are similarly situated,” Markle said.

[…]

Legal experts said the city’s recent settlement with Fantasy Plaza and the new lawsuits raised renewed questions about the city’s sexually-oriented business ordinance and the way it regulates sexually oriented businesses.

“Why is the city keeping an the ordinance on the books and basically exempting (businesses) from it?” said Josh Blackman, a professor at the South Texas College of Law Houston. “Normally the point of a statute is to enforce it equally. And if they’re just cutting deals with every strip club that asks for it, just repeal the damn statute.”

Markle’s suit echoes the same argument made by lawyers for Fantasy Plaza Cabaret when they sued the city of Houston earlier this year.

See here, here, and here for the background on the 2013 litigation. I thought that settlement was reasonable enough, but I can’t think of a good rebuttal to the argument that if this deal is available to some clubs, it should be available to all of them. I look forward to seeing how this gets resolved.