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local option election

Our increasingly non-dry state

There are now only five counties in Texas where you can’t buy alcohol.

On Election Day in Stanton, just north of Midland, Ron Black was skeptical that a particular measure on the ballot would pass.

“Well, I think at first it was uh, nobody thought it would go through because they’ve tried it so many times, you know. I can’t tell you how many times it’s gone to the ballot,” Black said.

Black manages the Lawrence Brothers grocery in Stanton. The vote was whether to keep Stanton dry – that is to prohibit the sale of alcohol – or to allow the sale of beer and wine at stores like Black’s. But to his surprise, Stanton went wet after all. And it’s part of a long-term trend that’s washing over Texas.

To put it in perspective: in 1996, there were 53 dry counties in Texas. By 2011 that number dropped to 25. And as of Election Day when Stanton, the seat of Martin County went wet, there are now just five dry counties in Texas – in a state whose attitudes toward alcohol have always been complex, but tended to be more conservative than the country as a whole.

“Texas is slightly earlier than the nation and slightly later than the nation in terms of how long its Prohibition was enforced,” said Brendan Payne, a history professor at North Greenville University and an expert in Prohibition in Texas.

[…]

But the real shift toward dry county extinction came from the passage of House Bill 1199 during the Texas legislative Session in 2003.

“That is what revolutionized our alcohol laws,” said John Hatch, president of Texas Petition Strategies. To hold a wet-dry election in Texas prior to 2003, you had to get signatures from 35 percent of a jurisdiction’s registered voters, each of which had to sign their name exactly as it appeared on their voter ID card, with their voter ID number. And you only had 30 days to do it. It was more difficult to get booze on the ballot than an actual candidate. Hatch asked the legislature to change the law.

“They gave us everything we asked for,” Hatch said. “We went from needing 35 percent of all voters to 35 percent of the last election for governor. So it made it a lot more manageable. We doubled the amount of time from 30 days to 60 days. We made the signature requirement the same as any other petition: if you sign your name “Michael Marks,” that’s good enough.”

A flood of elections followed. In the 15 years preceding the law, there were about 150 wet-dry elections statewide. In the 15 years following the law, there were close to 950 elections. Nearly 80 percent of those went wet.

Fascinating. I’ve noted a few of these elections over the years – Lubbock County, whose dryness I experienced as a visitor in the 80s, was a big one – but I didn’t realize how close to extinction the notion of a dry county was. It’ll be interesting to see how much longer the last five holdouts hang on. Congratulations to the people of Martin County. Please celebrate responsibly.

No charter amendments on the fall ballot

Just bonds, school board and HCC races, and the mostly boring constitutional amendments. Oh, and Heights Alcohol 2.0, if you live there.

Mayor Sylvester Turner

Houston voters will face $1.5 billion in city bonds and nine community college or school board races this November, but will not be asked whether to give firefighters a pay raise or change the pension plans given to new city employees.

Monday was the last day on which candidates could file for the November ballot, and on which local governments could call an election. That means the clock ran out on the citizen-submitted petitions seeking the change in city pensions and backing the firefighters’ push for pay “parity” with police officers of corresponding rank.

There are exceptions to Monday’s deadline. Houston ISD trustee Manuel Rodriguez’s death in July means candidates looking to fill his seat have until Sept. 6 to file for office. Candidates who meet today’s filing deadline also can withdraw from the ballot as late as Aug. 28.

In broad terms, however, the fall election campaign is set.

[…]

State law sets no deadline by which petitions seeking changes to a city charter must be tallied.

“We’ve always done first one in, first one out,” City Secretary Anna Russell said late Friday. “We are still working on the 401(k) (petition) as we do our regular work.”

The petitions, if validated by Russell’s office, could be included on a May ballot.

And I think that’s fine, and will likely allow for a more focused discussion of that issue as there won’t be anything else for Houston voters to consider; the 401(k) item no longer has anyone advocating it, so the pay parity proposal would be all there is. Given the lack of city elections on this November’s ballot, it’s not clear that a May 2018 referendum would have much less turnout, especially if both sides spend money on it. I’m sure the firefighters wanted their issue to be voted on now, but having to wait till May is hardly an abomination.

I hope to have a finalized list of candidates for HISD and HCC soon. HISD has some candidate information here, but there’s not a similar page for HCC. I’ve got a query in to find out who’s running for what and will report back later. I’m starting on the interviews for 2017, and will have an Election 2017 page up in the next week or so.

Petitions have been submitted for Heights alcohol vote 2.0

That was quick.

Voters in the Heights will likely have the opportunity to further loosen alcohol restrictions in the neighborhood this November now that activists have secured more than the 1,500 signatures required to get a measure on the ballot.

[…]

When Houston annexed what was the incorporated city of the Heights in 1918, the boundaries of the city evaporated. Because of election rules the only residents who were allowed to vote on the matter last November had to live in the same voting precincts of those who voted to go “dry” back in 1912.

A Harris County Tax Assessor-Collector & Voter Registrar spokesman said those precincts were 0053, 0057,0075,0054,0058,0086,0055,0059 and 0501.

It’s speculated by Brain Poff, with Texas Petition Strategies, the firm who helped gather the signatures needed for last year’s vote and just finished with the petition for this fall, that the same will hold true this November for the ordinance to repeal the private club model.

See here and here for the background. I feel pretty confident saying that if the original Heights booze referendum was on your ballot last year, then it will be on your ballot this year. The only real question at this point is how many other things will be on there as well. I look forward to seeing how this campaign unfolds.

More on Heights alcohol vote 2.0

From the Heights Examiner (now a section of the Wednesday Chron), the reasons why restauranteurs want in on the action.

But the possible reversal of the century-old prohibition on restaurants would mean more than just no longer having to sign a slip of a paper before being served, said Morgan Weber who owns Revival Market on Heights Boulevard, Coltivare on White Oak Drive and Eight Row Flint on Yale Street.

“When we opened Coltivare we always knew this was just going to be one of the hassles and hoops we have to jump through,” said Weber. “What we didn’t know was what a legitimate pain it would be and how much it eats into your bottom line – reality sets in and that’s a different story.”

Weber said the private club model – that exists as a nonprofit, meaning they must have a board of directors for the entity – requires his restaurants maintain a separate bank account for alcohol sales and that the money from those sales cannot be withdrawn without a meeting of the board and a vote. Due to intricacies of the rules, alcohol sales from Coltivare sat in the bank for one full year before Weber and his team were able to withdraw the funds. Further, he can’t have his alcohol inventory delivered to his business. He has to send an employee to go pick it up. And he has to pay more for that inventory than other restaurants and bars in Houston who can sell alcohol under standard Texas Alcoholic Beverage Commission rules. He said he pays barely above retail for liquor, beer and wine.

Just based on buying alcohol at that rate, Weber estimates he’s losing 7 to 8 percent from his bottom line. That doesn’t take into account added labor for separate bookkeeping and trips to pick up inventory.

It’s not as easy as just charging more for cocktails, either, he said. Because patrons have an upper-limit to what they’ll pay for a martini, he can’t charge $14 at Eight Row Flint when Anvil in Montrose is charging $10.

See here for the background. I’m not in any way involved in the restaurant business, so I have no idea if Weber is reporting accurately or if he is exaggerating in some way, but if he’s telling it like it is then I can certainly understand his (and presumably others’) motivation. I have friends who live in the dry zone and I know some of them are not happy about this. I get that, but I can’t bring myself to endorse any of Texas’ antiquated and byzantine booze laws. I feel the same way about this as I do about the shamelessly rent-seeking beer distributors. These laws are anti-consumer, and they should be consigned to the scrap heap.

We could have another Heights alcohol vote

Sure, why not?

Heights voters last fall lifted a 105-year-old ban on the sale of beer and wine at grocery stores, but customers still must join a private club if they want to drink alcohol at area restaurants or bars. That means submitting a drivers license for entry into a club database.

The Houston Heights Restaurant Coalition petition would lift that requirement, leaving the historically dry portion of the Heights nearly wet. Liquor sales at grocery and convenience stores still would be banned.

“While we were doing (the petition) last year, a couple of restaurants came around and said, ‘Hey, we’re here too,'” said Bryan Poff, a project manager for Austin-based Texas Petition Strategies, which is managing the petition drive. “As soon as they saw how much support beer and wine got … that was all they needed.”

[…]

Morgan Weber, co-owner of Coltivare and Eight Row Flint, said allowing restaurants and bars to sell alcohol more freely would improve the customer experience and help streamline operations.

“It’s not ideal from our perspective, because instead of really being able to make a great first impression … the first thing out of our mouth when you order alcohol is that we need to see your drivers license,” Weber said. “It’s right out of the gate kind of negative.”

Weber also pointed to Texas Alcoholic Beverage Commission rules that require restaurants and bars looking to sell alcohol in dry parts of the Heights to establish a separate non-profit or association to receive the proceeds of alcohol sales and pay for the private club’s operation.

See here for coverage of last year’s effort. I supported that effort (though I couldn’t vote for it, as I don’t live in that part of the Heights), as I generally support efforts to undo dry restrictions. This particular restriction is kind of silly – as noted in the story, restaurants can sell booze, they just have to collect your name and drivers license info for their “private club” to do it. I’m sure there will be opposition to this – I knew plenty of people who were against last year’s referendum, and I doubt they’ll be any happier with this one – though Bill Baldwin won’t be leading it. My early guess is that it will succeed if it gets to a vote, but we’ll see. Swamplot and Eater Houston have more.

Senate proposes to make our tax system more broken

That’s what this will surely do.

The Texas Senate on Tuesday approved a controversial bill that seeks to curb the growth in property taxes that local government agencies like cities and counties levy on landowners.

Senate Bill 2, which passed in an 18-12 vote, could require taxing entities to hold an election if the amount of operating and maintenance funds they plan to collect from property taxes is, in general, 5 percent more than what they took in the previous year.

State Sen. Paul Bettencourt’s bill has split scores of Texas homeowners and the local officials that they elect. Landowners and some government officials say the bill is needed to slow the increase in property tax bills they must pay every year.

Bettencourt, R-Houston, said from the Senate floor Tuesday that many homeowners are seeing increases of 8 percent to 10 percent in what they pay in property taxes each year. He said commercial property owners are repeatedly seeing 15 percent to 20 percent hikes.

“I for one don’t want to continue to climb the ladder above states like Illinois and New York,” Bettencourt said.

But many local and state officials say the Legislature is sidestepping the real issue that leads to rising tax bills: school districts levying more in property taxes because lawmakers won’t change the state’s system for funding education. State Sen. Lois Kolkhorst, R-Brenham, conceded that point on Tuesday.

“It’s a fine balance between respecting our local elected officials and having an understanding that we still have a lot of work to do,” she said.

Critics of the bill say it glosses over the fact that an election could be triggered when the actual tax rate remains flat because rising property values play a major role in calculating the election trigger. Many local officials also say the bill would threaten their ability to hire police officers, build new parks and fill potholes.

Many police and fire chiefs from across the state testified against the bill last week.

“What do I tell them?,” State Sen. Carlos Uresti, D-San Antonio, said Tuesday morning.

“Vote against the people who voted for this turd” would be my advice. One of the good things that has come out of the HISD recapture saga is the increased awareness of the Legislature’s addiction to local property tax revenues as a way of not only easing their own financial responsibilities, but also providing the godsend of being able to blame the whole mess on the local officials who have been left holding the bag. It just doesn’t get any sweeter than that. At least now some people have begun to recognize the con job for what it is, though it’s a long way from becoming a rallying cry. As with many things, we’ll see what happens with this in the House.

One more thing:

Bill proponents say that the automatic election would allow for more local control because it puts more power in the hands of voters.

What’s that you say? Local control?

As local control battles rage at the Texas Capitol, Gov. Greg Abbott is voicing support for a much more sweeping approach to the issues that have captured headlines.

“As opposed to the state having to take multiple rifle-shot approaches at overriding local regulations, I think a broad-based law by the state of Texas that says across the board, the state is going to preempt local regulations, is a superior approach,” Abbott said Tuesday during a Q-and-A session hosted by the Texas Conservative Coalition Research Institute, an Austin-based think tank.

Such an approach, Abbott added, “makes it more simple, more elegant, but more importantly, provides greater advance notice to businesses and to individuals that you’re going to have the certainty to run your lives.”

Abbott made the remarks in response to a moderator’s question about legislation this session that would “prohibit any local ordinance from exceeding the standard set by the state.”

In other words, local control when we let you have it, or make you have it, but not when we don’t. The Observer has more.

Chron overview of Heights dry referendum

For an issue that directly affects a few thousand people, this sure had gotten a lot of attention.

[Bill] Baldwin is part of the “Keep the Heights Dry” movement, a group of individuals urging residents who live in the dry part of the Heights to vote against the city of Houston proposition that would allow the legal sale of beer and wine for off-premise consumption.

If the proposition passes on Nov. 8, retailers like convenience and grocery stores would be able to sell beer and wine in a part of the Heights that has been dry since 1904. The change would not affect restaurants, which are able to sell alcohol by forming private clubs that their customers can join by providing their driver’s licenses.

Baldwin’s group is going up against the Houston Heights Beverage Coalition, a political action committee formed earlier this year to push the reversal of the dry law.

Largely at stake is the proposed development of a new H-E-B on a former Fiesta site at 2300 N. Shepherd.

H-E-B wants to buy the property but said it needs to be able to sell wine and beer in order for the store to be economically feasible.

“From a business proposition, if I spend $25 or $30 million building a store I also need to make sure it can earn a fair return,” said Scott McClelland, Houston division president for H-E-B.

The San Antonio-based grocer has put more than $60,000 into the coalition, according to finance reports filed with the Texas Ethics Commission.

Baldwin, who lives in the Heights but outside the dry area, said the election is not about being against H-E-B but preserving the character of the neighborhood.

His group has been urging residents of the dry area to consider the issue apart from H-E-B.

He said more service stations and convenience stores could diminish property values of the homes around them.

“This election is not about H-E-B, it’s about changing the fabric about my community,” Baldwin said.

Honestly, there’s nothing here that you couldn’t learn from reading the dueling op-eds or listening to the interviews that I did with Baldwin and Reilley. The story did remind me that there used to a a tiny HEB – it was called an “HEB Pantry store” back in the day – in the Heights that no one went to because it didn’t have much in it. This whole debate is a little nuts because people in the greater Heights area have been begging to get a real HEB like the one in Montrose in the neighborhood, and if it weren’t for this oddball quirk of history, the announcement that there would be an HEB built on the site of the old Fiesta would be greeted with handsprings and huzzahs. But because we’re held hostage to the way some people viewed the demon rum a century ago, we’re stuck with this silly debate. Everyone in America is ready for the Presidential race to be over, I’m ready for this referendum to be settled.

The dry debate

The Chron hosted a mini-debate about the vote to change the Heights dry ordinance on its Monday op-ed pages. Bill Baldwin represented the status quo, for keeping the Heights (the original Heights) dry.

With the stark reality of land use as it is today, our deed restrictions are patchy, and most properties on high-traffic streets here are not restricted at all. In a city with no zoning, other typical neighborhoods have deed restrictions where the Heights does not. Undoubtedly, the dry area has successfully kept large operators such as Walmart, Target, Sprouts, Kroger and a Whole Foods concept on the way all outside of our historic borders. Eliminate that barrier and you make way for future big-box retailers, gas stations and convenience stores, along with their parking demands and high traffic.

You don’t build a fence to keep out the good neighbors; it’s for the bad ones. In this scenario, we still consider H-E-B a good neighbor, but I am concerned about operators without the reputation of H-E-B.

We don’t know exactly what will happen if we change the dry area, but we do know this: All around the city there is concern about the changing character of neighborhoods. Like the rest of the city, the Heights is wrestling with these issues of development and identity. How do we responsibly progress, increase property values and keep a sense of identity intrinsically tied to the community? In the Heights, the dry area has in many non-obvious ways functioned toward those ends. Keeping the Heights dry means also keeping it local and residential.

Steve Reilley spoke for the pro-change faction, to amend the historic dry ordinance to allow beer and wine sales for off-premise consumption, i.e., retail sales.

We need to alter this regulation in order to welcome locally oriented businesses into the community. Rest assured, this is a grassroots effort, and is not driven by businesses wanting to sell alcohol. More than 1,700 Heights voters signed the petition requesting the measure be placed on the Nov. 8 ballot. Our effort has been criticized because of H-E-B’s involvement. H-E-B didn’t sign the petition – we did. And the Texas Constitution gives us the right to have this election because we want to preserve our neighborhood, increase consumer options, raise property values and increase walkability, as Mayor Pro Tem Ellen Cohen, the chairwoman of the Houston City Council Quality of Life Committee, recently noted that the repeal of this regulation will do.

Some have suggested that permitting the sale of beer and wine for off-premise consumption will lead to the opening of convenience stores along Heights Boulevard, negatively affecting the Heights’ character. High property costs in the area would inhibit such use. In addition, much of Heights Boulevard and most of the affected area falls within the Houston Heights East and Houston Heights South Historic Districts, which prohibits existing covered structures from being torn down and replaced with nonconforming structures, such as convenience stores. Moreover, various properties along Heights Boulevard and other parts of The Heights are subject to deed restrictions that preclude commercial use.

Some opponents to the proposition have unfortunately engaged in “scare tactics” by suggesting unrealistic harm will fall upon our neighborhood if Heights-area stores are permitted to sell beer and wine for off-premise consumption. This election has nothing to do with liquor stores, bars, strip clubs or chain restaurants. It will have no impact on restaurants that operate as private clubs to serve alcoholic beverages to patrons. Residents will not be able to sell beer, wine or liquor out of their homes. This activity is already prohibited by numerous state laws, county regulations and city ordinances.

I did interviews with both gentlemen about this – here’s Baldwin and here’s Reilley. The latter was done in June after the petitions were submitted and before there was any organized opposition, so that interview was more informational, since there were still a lot of questions about what this effort was and what it meant. Baldwin doesn’t really say anything in his piece that he didn’t say in the interview he did with me, while Reilley’s article necessarily includes some rebuttals of pro-dry talking points. If you are in the affected area and somehow haven’t yet decided which way to go on this referendum, the two opinion pieces and interviews should tell you all you need to know.

I have no idea which side will win. I won’t be surprised by either result. There’s been a lot of recent discussion of it on the Heights Kids mailing list, with a fairly even split between the factions; the few recent threads I’ve seen on Nestdoor were all started by pro-dry people. I’ve seen more pro-dry yard signs than I have seen pro-amend signs, but I’d say half of those signs are in yards that are not in the affected area. (A good bit of the discussion I’ve seen in both places has been about who actually gets to vote on this issue.) I’m pretty sure there will continue to be a lot of chatter about this after the election, whichever way it goes.

Interview with Bill Baldwin of Keep Heights Dry

heightsdry1

As you know, there will be a referendum on the ballot for a very limited electorate this year, to alter the existing ordinance that enforces a dry zone in the historic Houston Heights to allow the sale of beer and wine for off-premise consumption – for retailers, not for restaurants and bars, in other words. This referendum, formally known as City of Houston Proposition 1, was placed on the ballot by a petition drive led by the Houston Heights Beverage Coalition, which in turn was backed by HEB, which has announced its intention to open a store in the old Fiesta location on North Shepherd at 24th if this referendum passes. I did an interview with Steve Reilley of the HHBC back in June when petitions were still being circulated to clarify some questions about this. At the time, I noted that I was unaware of any organized opposition to this effort.

Well, formal opposition to this effort does exist, and it’s called Keep The Heights Dry. I’ve seen a few of their yard signs around the neighborhood in recent weeks. Their argument as you can see on that Facebook page is one part preservationist and one part neighborhood protection, and last week they reached out to me to see about doing an interview. Bill Baldwin, who has a real estate office on Heights Blvd at 16th Street, is one of the leaders of this opposition effort and the person I spoke to about it. Here’s the conversation:

Interviews and Q&As from the primaries are on my 2016 Election page. I will eventually get around to updating it to include links to fall interviews.

Interview with Steve Reilley

By now you are aware of the effort to alter the historic regulations that keep the part of town that was once the independent city of the Houston Heights dry. The dry designation, in the area you see in the embedded picture – see here if you’d like a more modern context – was part of the annexation agreement between the Houston Heights and Houston. It could only be overturned by an election. Well, that election appears to be slated for this November, as a group called the Houston Heights Beverage Coalition says it has collected enough signatures from relevant residents to put this on the November ballot. The issue has already attracted a great deal of attention, and no small amount of misinformation, from residents and folks nearby, some who want to keep things as they are and some who can’t wait to have an HEB built nearby. To try to clarify things and get some answers to my own questions about the process, I sat down for an interview with Steve Reilley, who is heading the effort for the HHBC. Reilley is an attorney and a resident of the affected area, and he was a Democratic candidate for civil court judge in 2010. Here’s what we talked about:

As I said, there is definitely some opposition to this, as well as some enthusiastic support, but as yet I am not aware of an organized effort to oppose the ballot measure. When I do learn of such a group or organization, I will reach out to them for an interview as well. What are your thoughts on this?

A brief summary of the effort to make the Heights less dry

The Heights Life provides a fact sheet:

beer

  • The petition is backed by HEB, who hired a law firm to handle the drive. Some of the canvassers, who are paid and may or may not be your neighbors or Heights residents, may not know about HEB, only the firm that hired them. Either way, it’s all about HEB.
  • The petition itself does NOT actually change anything about the existing law. The petition puts the issue on the ballot to be voted on in November.
  • You can only sign the petition and participate in the subsequent vote if you live in the dry zone.
  • The petition/future vote are for *off premise sales of beer and wine only.* This means you can buy beer or wine at the store and take it elsewhere. You will not be able to drink at the store.
  • The petition and vote will NOT ALLOW hard liquor sales.
  • Restaurants and bars will still have to get a club license to serve on-premise beer/wine/alcohol in their establishment.

There’s more, so go read the rest. The Houston Heights Beverage Coalition now has a Facebook page if you’re into that sort of thing. Note that my embedded graphic is an inaccurate representation of what’s at issue here, but I don’t feel like finding something else. As The Heights Life notes, there are already plans for an HEB on Washington Avenue, which is outside the dry zone. A Heights-based HEB would surely be in the spot of the now-shuttered Fiesta on Shepherd, just inside the northern boundary of the zone. This only happens if the vote to alter the off-premise sales restriction passes.

As Campos notes, there’s been a lot of discussion on Heights Kids and Nextdoor about the petition effort and what it means, not all of it (in my opinion) very accurate. I’m sure that is what prompted this post by THL, to help clear things up. I’m going to do my part for that shortly, as I plan to interview Steve Reilley of the Houston Heights Beverage Coalition PAC; there are a bunch of process-related questions I’d like answered, among other things. The HHBC has reportedly collected a sufficient number of petition signatures, so assuming they are verified, some number of voters will have another item on which to vote this November. If an opposition group should form for this, I’ll do my best to interview a representative from that group as well. In the meantime, this is what we’ve got.

Endorsement watch: For making the Heights less dry

The Chron is rooting for that petition effort to change the alcohol rules in the historic Heights.

beer

Today, sitting down in some of the restaurants in the Heights is like slipping through a wormhole into a bygone era when respectable Texas businessmen carried flasks of whiskey in their pockets. Waiters invite you to sign up for a private club – wink, wink – whose card-carrying members are allowed access to the establishment’s stash of demon rum.

Now, if a modern-day neighborhood reform movement succeeds, this quirky rule banning booze sales in the Heights may finally be amended. Something called the Houston Heights Beverage Coalition has started collecting signatures on petitions calling for a referendum that could allow stores in the Heights to sell beer and wine. And it’s about time.

Nothing would change for bars or restaurants, which would still have to live with those archaic Prohibition-era restrictions. And package liquor stores would still be forbidden in the old neighborhood. The new rules would apply only to selling beer and wine that shoppers would carry out of stores and drink somewhere else.

Still, we hope this proposal for a limited rollback of Prohibition in the Heights succeeds, because this area’s booze ban has pointlessly shackled retailers and inconvenienced consumers who don’t even drink.

These antiquated restrictions on alcoholic beverage sales are a major reason why some people who live in the Heights have to drive out of their way to buy groceries. Beer and wine sales are a crucial source of income for grocers, an industry scraping by – according to data from the New York University Stern School of Business – on net profit margins of less than 2 percent. Although a comparatively small Kroger store survives in the Heights without beer and wine sales, expanding supermarket chains have conspicuously opened new stores outside the boundaries of the Heights.

See here and here for the background. If you’ve followed this blog for awhile, you know that as a rule I support efforts to repeal Prohibition-era anti-booze laws. This effort is no exception – I’d sign the petition and vote in favor of the ensuing referendum if I lived in the affected area. There’s no good argument against allowing a grocery store to sell beer and wine in this part of town. I can’t help but think that this referendum effort is going to walk through a minefield of legal technicalities just because it’s such an oddball situation, but I say take them as they come. I wish the Houston Heights Beverage Coalition PAC good luck in their quest.

More on the effort to make the Heights less dry

From the Chron:

beer

With the intention of building a new store in the Heights, H-E-B said Wednesday that it has been working with a political consulting firm in Austin to help change a law precluding beer and wine sales in a dry part of the historic Houston neighborhood.

The grocer said it has contracted with Texas Petition Strategies to collect signatures needed to secure a place on the November ballot where residents can vote to make beer and wine sales – for off-premise consumption – legal.

The effort has led to a petition drive by a group called the Houston Heights Beverage Coalition, which has been seeking some 1,500 signatures needed.

H-E-B spokeswoman Cyndy Garza Roberts said a location in the Heights has been identified, but the company is still in negotiations on the site and commenting on specific details would be premature.

“We definitely want to be in the Heights, but in order to do so we need to make sure we provide those customers with the same quality products that they’re able to find at our other stores,” she said.

[…]

The group has 60 days to gather the signatures from residents who live in the area formerly known as the City of Houston Heights. Once the signatures are gathered, they will be verified by the City Secretary with Houston City Council then calling the election for November, according to a news release.

The signatures are being collected by a door-to-door effort and they can also be signed at area establishments, including Coltivare and Revival Market, said Hatch. The coalition has secured more than half of the signatures needed.

See here for the background. The one thing I know for sure is that a lot of Heights residents have been hoping for an HEB to be built in the neighborhood. I’d recommend playing that angle up, both in the signature-gathering and the election itself. I’ll be interested to see what if any opposition arises to this as well. Given the November date, turnout won’t be an issue.

Making the Heights a little less dry

From Swamplot:

beer

A GROUP CALLED the Houston Heights Beverage Coalition PAC is hoping to bring about a vote on allowing beer and wine sales in the technically dry section of the Houston Heights. The group published a notice on May 5th announcing an application to the city to start collecting the petition signaturesrequired to get the measure on a local option ballot.

[…]

The group’s immediate goal isn’t to do away with all alcohol restrictions, and the proposed ballot measure wouldn’t get rid of the current private-club workaround frequently employed by area bars and restaurants. But the proposal would lift existing barriers for stores trying to sell beer and wine to becarried away elsewhere — an issue that forced the recently closed Fiesta Mart at N. Shepherd and 24th St. to install its traditionally-in-the-parking-lot Beverage Mart a full 4 blocks away on the corner with 28th St. (across the northern boundary of the zone).

Here’s a map of the dry area, which hasn’t slowed the proliferation of places to dine and imbibe in the Heights. Many of them are east of Oxford, which puts them outside the zone. Others, like the Down House, do the “private club” dodge, while Torchy’s on 19th inherited a grandfathered license from a defunct icehouse. When I first read this story, I thought it would be about repealing the ban for eateries and drinkeries, but apparently not. The Press has since given some clarification about who and what is behind this.

The chair of the [Houston Heights Beverage Coalition PAC] is an attorney named Steve Reilley, a founding partner of the Thompson & Reilley law firm. He says that the main impetus for this action is that the group simply wants to have “a nice grocery store in the neighborhood.” He pointed out the recent closing of the Fiesta location in the area and says that retailers are unwilling to expand or move in owing to the inability to sell beer and wine. “They can’t make the money without the beer and wine sales. We hope we are able to bring these stores in if we are able to alter the statute,” he said. “We want the same nice stores you see in other parts of town and [to] have them be economically viable in The Heights.”

H-E-B is one of the grocery store chains that are eyeing building a store in The Heights, but nothing definitive has happened on that yet, according to Swamplot. We asked Reilley if H-E-B was one of the members of the Houston Heights Beverage Coalition. “I believe they have definitely expressed interest in it and they’re definitely going to support this,” he said. “It is my understanding that if it passes, they are going to very likely move into The Heights. To that degree, yes, they’re part of it, and I believe they will be part of it going forward.” We left a message for H-E-B’s director of public affairs in Houston to see if the grocery store chain has any comment, and will update this article if we receive a response.

Reilley said other grocery chains are part of the special interest group but said he wasn’t able to confirm that. He referred us to John Hatch of Texas Petition Strategies of Austin, a company that has been hired to oversee collecting signatures and, if the issue makes it onto the ballot, stumping for a passing vote. We left a phone message for Hatch but have not yet received a call back.

The press release says, “TPS has conducted over 300 petition efforts in 170 different Texas communities, with more than an 83% the efforts passing — including efforts in Brazoria County, Lumberton, Lubbock, Dallas and Fort Worth.”

I gather from recent activity on the Heights Kids message board that people have been out knocking on doors to gather petition signatures, with an aim of having something on the ballot this November. I also gather that some folks are not clear on the details of this issue – specifically, why part of the Heights is “dry”, what exactly that means, and why there needs to be an election to change it. That may add to their challenge. A this subsequent comment notes that there are some potentially tricky legal issues involved as well, meaning that however this shakes out someone may wind up suing over whatever the result is. Any lawyers in the crowd want to comment on that? In any event, we’ll keep an eye on this. I live outside the “dry” zone, so I (presumably) wouldn’t get to vote on this. If you’ve been asked to sign a petition, leave a comment and let us know. More here from Swamplot.