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Appeals court allows city to post video of pay parity hearing

Probably doesn’t matter much at this point, but there it is.

Mayor Sylvester Turner

A Texas appeals court on Thursday ordered a state district judge to rescind his temporary restraining order requiring the city of Houston to remove video from its website that depicted a public city council committee hearing over a proposal to grant firefighters “pay parity” with police.

District Judge Kyle Carter should not have blocked the city from posting the video of the committee hearing because it is not clear the meeting constituted illegal electioneering, as the Houston firefighters union had alleged, the 14th Court of Appeals justices ruled.

That restraining order had expired last week anyway, said Cris Feldman, an attorney for the firefighters union, adding that the decision does not preclude a court from coming to the same conclusion that Carter did after further hearings in the case.

[…]

The section of state law banning local governments from using public funds to advocate for or against ballot measures was not intended to restrain public discussion of such issues, the justices wrote Thursday.

“It was not unreasonable or unexpected that statements tending to indicate support for, or opposition to, the charter amendment might be voiced at the meeting,” the nine-page opinion states. “Public funds were not being used for political advertising by making the meeting video publicly available, even though an incidental effect of posting the video on the city’s website may be to re-publish statements supporting or opposing the charter amendment.”

See here for the background, here for the Mayor’s statement, and here for a copy of the opinion. As noted, the TRO had expired on August 14, and the Chron posted their own copy of the video shortly after Judge Carter handed down his opinion, so this is all mostly academic. It may mean something after the election when the lawsuits over the wording of the referendum gets filed, but until then it’s mostly a warm-up exercise.

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