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Wilson denied by Supreme Court

Some good news that came in late Friday.

Dave Wilson

Dave Wilson

Anti-gay activist Dave Wilson’s attempt to amend City Charter and bar men “who perceive or express themselves as women” from entering women’s restrooms will likely not appear on the November ballot after the Texas Supreme Court on Friday denied his request for emergency action.

Instead, Wilson’s legal arguments will now play out in district court. With ballot measures due by the end of the month, there does not appear to be time for the city to count the signatures on Wilson’s petition and have it certified for the fall ballot.

Mayoral spokeswoman Janice Evans said the city had yet to receive a copy of the decision Friday.

“But we’re pleased that the court has ruled in the city’s favor,” Evans said. “We were confident in our argument.”

Wilson, a Houston Community College trustee, warned that he will continue to push the issue in district court.

“I’m not gonna give up,” Wilson said. “I’ll be back. I will get this on the next election.”

[…]

[In late July] a state district judge ruled that the city secretary had a “nondiscretionary ministerial duty” to count and certify the signatures.

The city appealed that decision and Wilson, meanwhile, sought intervention from the Texas Supreme Court to force City Secretary Anna Russell to immediately count the signatures.

Wilson said the city had engaged in a “series of illegal stall tactics,” adding that he was not satisfied that voters will already get a chance to repeal the city’s equal rights ordinance in November.

See here, here, and here for the background, and see here (second from the bottom) for the Supreme Court order. To be clear, this is not the end of the story – far from it. What it means is that the city can continue its appeal of the district court judge’s ruling without having to count the petitions and potentially put the issue on that ballot now. Those things still may happen if Wilson wins on appeal. All this means for now is that we won’t see it on the ballot this November. I continue to believe that Wilson’s argument about this not being a backdoor attempt to alter HERO is a load of hooey, but that doesn’t mean he can’t win in court. The responsibility for continuing that fight will fall on the shoulders of the next Mayor. Perhaps someone should ask them all how they feel about this.

Both Wilson and the city filed their petitions with the Supreme Court this week – the city’s was filed on Thursday – so the turnaround on this was quick, as you’d expect with a deadline coming up. From here it goes back to the normal speed of litigation, meaning it could be months before we have an appellate ruling, and years before we get final word from the Supreme Court. Who knows what can happen in the meantime.

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One Comment

  1. Julain Deleon says:

    Is Dave Wilson fighting an internal issue, which is why he has such problems with the ‘homosexual’ community?

    Dave can live a true authentic life and be protected from discrimination under HERO.