Once again we ask, what’s up with that FBI investigation of Ken Paxton?

Who knows?

Still a crook any way you look

Federal agents were still actively investigating Paxton for alleged corruption after he was acquitted of related impeachment charges last year, according to multiple sources who spoke with The Texas Newsroom in recent weeks. Among Paxton’s potential crimes listed in newly unearthed federal grand jury documents included bribery, wire fraud and conspiracy.

News of the FBI investigation first broke in fall 2020. Paxton is alleged to have repeatedly abused his position as attorney general to help Nate Paul, an Austin-based real estate investor and campaign donor. It’s unclear whether the FBI is still investigating. If the federal probe is still active, it would now be more than three years old.

Two former federal prosecutors said it’s not uncommon for a complex investigation involving a public official to drag on this long.

Sometimes federal investigators get a lead that takes them months – even years – to run down, they said. New witnesses may need to be convinced to flip, they said, and elections can also delay cases because it’s not preferable to announce charges against someone who’s actively running for office.

The U.S. Attorney’s Office for the Western District and Paxton’s attorneys declined to comment for this story.

The feds could have closed the probe without a public announcement, or could still be planning on bringing charges against Paxton. If they move forward, the Department of Justice will want a case that sticks, the experts said.

“DOJ doesn’t want to shoot and get it wrong,” said Jeff Ansley, an attorney who worked on fraud and corruption cases in the U.S. Attorney’s Office in Dallas for almost a decade.

[…]

Three people with direct knowledge of the investigation told The Texas Newsroom that federal agents were in the state working the case in late fall of 2023.

Two of the sources, who said they did not want to be named because they feared retaliation from Paxton and his allies, said officials from the U.S. Department of Justice interviewed witnesses in October.

A third source testified in front of a federal grand jury about Paxton in early August and was aware of counsel last speaking with federal authorities in early October, the source said. This source wanted to remain unnamed out of concerns about political and personal retribution for being tied to the case.

[…]

The Associated Press and Austin American-Statesman reported that a federal grand jury met in August to hear from witnesses close to Paxton. After the impeachment trial wrapped, Bloomberg wrote that a key witness who had refused to testify in that case was subpoenaed to appear before the federal grand jury in late October.

Justice Department officials in Washington reportedly took over the investigation, according to the AP, after Paxton’s lawyers complained federal investigators in Texas had a conflict of interest.

Experts said cases like this must be handled carefully.

“It’s not uncommon for a federal investigation to take years,” said John Teakell, who served in the U.S. attorney’s offices in Dallas and Puerto Rico and is now a criminal defense attorney.

Ansley agreed, saying public corruption cases can take longer than “anything in the entire federal lexicon.” Paul’s federal case, the impeachment trial and moving the case from Texas to main Justice further complicates things, he added.

“That makes these things draw on for a painfully long time period,” Ansley said.

I wrote about the DOJ taking over the investigation last February, and I noted the grand jury being empaneled in August, which squares with this report. On the one hand, especially with the transition of the case from the local US Attorney’s office to the Justice Department, things could be taking more time. On the other hand, this could all have been quietly dropped and we’d never know why or when. And on the other other hand, as we saw in the state securities trial, the longer the delay the less likely it will be helpful for the prosecution. So, you know, tick tock and all that.

Let’s put on our rosiest spectacles for a second and assume that this case is alive and well and marching ever onward. I don’t think there’s any chance of indictments being handed down before November under any circumstances. I just don’t think the DOJ would want to poke the bear like that. If Biden gets re-elected, then maybe we get some action in early 2025, if the case has progressed sufficiently. But the difference between “they’re still getting their ducks in a row, you can’t rush these things” and “that train has left the station and also spectacularly derailed” is one we won’t be able to discern with the naked eye. Either we eventually get an indictment announcement or we forever wonder what might have been. That’s just life.

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June HCAD special election runoff early voting Day Seven: Two more days to go

Here’s your Day Seven EV report for the June HCAD runoff. And just for kicks, let’s do a comparison with the May election for this day in the EV process.


Month   Mail    Early    Total
==============================
May   13,446   10,282   23,728
June   9,364   10,547   19,911

The difference between the May election and the June runoff, at least from an early vote turnout perspective, is entirely in the mail ballots. And as discussed before, that’s more a matter of shape than anything else. There were 10,858 mail ballots on Day One of the May election, but just over 2,400 further ballots had arrived since then to that point. Only 1,699 mail ballots had made it in by Day One for the June races, but counting Saturday another 7,665 had come in, which closed the gap considerably. If the normal last-day patterns hold for the June election as they did in May, and if mail ballots continue to come in, we could wind up with very similar EV totals when all is said and done.

Not that they’d be anything to crow about overall, of course. Turnout in May was a paltry 2.18%, well below the past performances for admittedly less weird elections. I’d still bet the under for that in this race. We also don’t have SD15 pushing people to the polls, which is a somewhat marginal effect given the absolute numbers, but still something. On the other hand, it’s not crazy to me to think that Runoff Day voting could be higher than usual, given the compressed timeline for this race. Election Day in May favored the Republicans, so if that is the case I’d prefer it to be with a different composition. I have no idea what to expect and I’m definitely not making any predictions, I’m just suggesting possibilities. Get out and vote if you haven’t, and keep reminding your friends and helping with the mail efforts.

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Fifth Circuit partially upholds ruling that ordered library books back on shelves in Llano County

This is a lot.

Eight books dealing with subjects including racism and transgender issues must be returned to library shelves in a rural Texas county that had removed them in an ongoing book banning controversy, a divided panel of three federal appeals court judges ruled Thursday.

It was a partial victory for seven library patrons who sued numerous officials with the Llano County library system and the county government after 17 books were removed. In Thursday’s opinion from a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans, one judge voted to uphold a lower court order that the books should be returned. Another largely agreed but said nine of the books could stay off the shelves as the appeal plays out.

A third dissented entirely, meaning a majority supported returning eight books.

In March 2023, U.S. District Judge Robert Pitman ordered 17 books returned to Kingsland library shelves while a citizen lawsuit against book banning proceeded. The works ranged from children’s books to award-winning nonfiction, including “They Called Themselves the K.K.K: The Birth of an American Terrorist Group,” by Susan Campbell Bartoletti; and “It’s Perfectly Normal: Changing Bodies, Growing Up, Sex and Sexual Health,” by Robie Harris.

The ruling from Pitman, nominated to the federal court by former President Barack Obama, was on hold during the appeal. Thursday’s ruling was a preliminary injunction, and more court proceedings are likely.

See here and here for the background. As noted previously, this happened at the public library, not a school library. The story has some information on how the three judges (all Republican-appointed) ruled, but I recommend you read this thread by appellate lawyer Raffi Melkonian for a more detailed analysis. He also thinks this will go to an en banc hearing, at which the full Fifth Circuit will review the ruling, and from there I’d expect an appeal to SCOTUS. Whether they take that up or not is anyone’s guess. As dumb and corrosive as the original action by Llano County was, this is a thornier and more complex case than you might think. Read the thread and see for yourself.

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Mayor Whitmire wants to get rid of ShotSpotter

Fine by me.

Mayor John Whitmire

Mayor John Whitmire revealed plans to scrap the city’s $3.5 million ShotSpotter program, positioning Houston as the latest city government to abandon the controversial gunshot detection technology after a brief experiment.

“I think it is a gimmick,” Whitmire told the Chronicle on Wednesday. “I think it was cooked up by contractors and, personally, talking to officers, it doesn’t do any good.”

Houston’s current five-year contract with SoundThinking, the California-based company behind the crime-fighting tool, is set to expire in 2027. When asked if a reevaluation was imminent, the mayor said his mind was already made up on the program’s termination.

“We’re not going to have it,” Whitmire said. “Let me save you some time. I do not support it.”

A SoundThinking spokesperson called Whitmire’s comments “misinformed.” While the company respects the mayor’s decision to not extend the city’s contract beyond its third year, the technology has helped Houston first responders locate dozens of gunshot wound victims since its deployment, the spokesperson said.

“ShotSpotter’s effectiveness can be measured in the difference it makes for each life saved – and for these individuals, the tool was the difference between life and death, not a ‘gimmick,'” the spokesperson said.

[…]

Council Member Julian Ramirez cited the Chronicle’s investigation last year, which revealed that several years into its deployment, the tool has not significantly impacted gun crimes and has contributed to increased police response times within its program areas in Southeast and Northwest Houston.

The SoundThinking spokesperson told the Chronicle the company designed the system to decrease response times to gunfire reports.

“SoundThinking has never claimed to decrease overall response times regarding non-gunfire-related incidents,” the spokesperson said. “The ShotSpotter system is not a cure-all, but when used as a critical tool in a comprehensive gun crime response strategy, it can ensure that first responders get to the scene of an incident quickly and take appropriate action safely.”

New acting Police Chief Larry Satterwhite acknowledged the Chronicle’s findings. Since the department treats every ShotSpotter alert as a top-priority call warranting immediate response, he said, the program has sometimes diverted officers from other 911 calls, such as in-progress burglaries.

Meanwhile, the probability of a ShotSpotter alert leading to an incident report — less than 20% — is about half that of traditional 911 calls, the Chronicle previously reported.

“Lower-priority calls will have to sit and wait until our officers are able to get to that Priority 1 and verify that nothing is happening of urgency,” Satterwhite said. “We only have so many officers in a given area…It does affect response time.”

See here and here for some background. I’m not averse to trying technology to solve problems, but there has to be data showing that it works and justifies the cost. That’s not the case here. Maybe in more flush times we could extend the experiment, try tweaking the settings and whatnot, but we can’t afford that now. The money going to ShotSpotter can and should be used on things that will get a better return on their investment. That shouldn’t be hard to do. Make it happen and move on.

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Weekend link dump for June 9

“No one has ever sold out a hundred shows at Madison Square Garden, and I don’t think anybody ever will.”

Cool story about Dat Nguyen, College Football Hall of Famer at Texas A&M, first Vietnamese-American to play in the NFL, with the Cowboys.

A small number of people, mostly older women, are responsible for spreading most of the misinformation on Twitter.

“Although some people might worry about the National Security Agency itself spying on their phones, the NSA has some sage advice for iPhone and android users concerned about zero-click exploits and the like: turn it off and on again once per week.”

“The [federal] guidance expects agencies to proactively address systemic risks, biases, and harms in their use of AI – a fundamental shift in how many of them have approached their obligations to protect civil liberties and rights, which all too frequently take a backseat to operational concerns. Resourcing agencies not only to establish technical safeguards but also to take a broader view of AI’s impact on society is a crucial first step in making this change. Just as important, however, is effective oversight – putting in place a system of internal and external checks that incentivizes compliance and holds agencies accountable to the public.”

“While it’s marginally refreshing to learn that some of our legends will be replacing the names we’ve read for decades, it’s a sobering reminder of how hard it is to maintain one’s history, dignity and existence if you aren’t actively doing so in real time as it happens.”

“Plot twist: WA has a law against felons running for office“. Oopsie.

“If there were negative consequences in the last 20 years of the decision to legalize marriage for same-sex couples, no one has yet been able to measure them.”

“The conservative media company behind the book and film “2,000 Mules,” which alleged a widespread conspiracy by Democrats to steal the 2020 election and was embraced by former President Donald Trump, has issued an apology and said it would halt distribution of the film and remove both the film and book from its platforms.”

RIP, Larry Allen, Pro Football Hall of Fame offensive lineman for the Dallas Cowboys.

Disbar him.

“The ‘Maude’ Abortion Episode Wouldn’t Air Today — Norman Lear Tried, and ‘It Wasn’t Green Lit’”.

“It’s the parents’ money to use as they see is best. We don’t necessarily see it as taxpayer money.”

Pour one out for Birmingham-Southern. Hold your heads up, gents.

Lock them up.

“The chief financial officer of conservative global news outlet The Epoch Times has been arrested and charged with leading a yearslong scheme to launder at least $67 million in illicit funds, federal prosecutors said Monday.”

“Major League Baseball formally closed its investigation into the gambling allegations surrounding Ippei Mizuhara, Shohei Ohtani’s longtime interpreter and close confidant, after Mizuhara pleaded guilty to bank and tax fraud charges Tuesday.”

RIP, Janis Paige, star of stage and screen who danced with Fred Astaire in Silk Stockings and replaced Angela Lansbury in Mame, among many other things.

I have four unfortunate words for you: Giant venomous flying spiders. I’m very sorry.

Well done, Katy Perry, well done.

Lock him up. The world will be a safer place.

“The problem with all such theories about “what the Bible says” about “The Antichrist” is that the Bible doesn’t say anything about “The Antichrist.””

Sell it all.

“In retrospect, everything about Perot’s candidacy was wild and not even remotely replicable by Kennedy.”

I too should have disclosed all of those luxury trips I got from right-wing billionaires in exchange for favorable blog coverage. I was young, it was a different time, I didn’t really understand that whole “difference between right and wrong” thing. I promise to do better going forward.

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A closer look at the HISD bond proposal

From the Houston Landing, which put together five highlights from the proposal.

1. Elementary and middle schools to see the biggest upgrades

All schools will see some level of investment under the bond plan, but elementary and middle schools will receive the vast majority of the funds — roughly $3.1 billion of $3.3 billion total slated for campus-level improvements.

HISD’s youngest learners stand to benefit most from the investments because those campuses have gone the longest without receiving facilities upgrades. HISD’s 2012 bond largely targeted high schools, meaning most elementary and middle schools have not received structural fixes since the district’s 2007 bond package.

Two dozen of HISD’s elementary and middle schools were built in the 1930s or earlier, and families interviewed by the Houston Landing in April said some of the campuses are in dire need of fixes. In extreme cases, they said the schools have rats, mold and bathrooms filled with standing water.

2. Over 30 schools to be rebuilt, undergo major renovations

HISD plans to rebuild or renovate about 35 schools in need of the largest improvements, at a total cost of $2.5 billion.

Eighteen schools would be fully rebuilt, while 16 would get renovated or expanded.

Of the 18 schools to get rebuilt, eight would receive investments over $100 million.

[…]

4. New pre-K classrooms, career and technical education campuses

HISD said it plans to use roughly $1 billion from the bond package to finance investments in pre-kindergarten, new technology and career and technical education, though details on the plans remain scarce.

The district currently has enough pre-K seats for about 14,000 students, equivalent to only one-third of the 3- and 4-year-olds in the district. The bond proposal would allow HISD to open roughly 4,000 new seats, district officials said, accounting for less than one-fifth of the existing gap.

HISD has not said where the new pre-K classrooms would open, but it identified the Wisdom and Lamar high school feeder patterns as the areas with the greatest need.

For career and technical education, HISD said it plans to open four new campuses in addition to the current Barbara Jordan Career Center, which functions as a districtwide hub. Officials have not released exact price tags or locations for the potential new schools, but indicated they would be spread across the district, with one in each quadrant. The new centers would focus on top industries in the Houston area, HISD said, including construction, energy, health and information technology.

See here for some background. It is clear that many people who are strong supporters of public schools and who are usually the biggest cheerleaders for school bonds have very strong feelings about this. My Facebook post about the bond has a long comment thread about it that’s worth reading through. I myself have a lot of feelings about all this. I found myself nodding vigorously in agreement with this op-ed by HISD parent Robbie McDonough about the deep frustrations over Mike Miles’ leadership and decisions. Believe me, if you’re out there saying “no trust, no bond”, I get it.

What I have trouble with is connecting all that anger and frustration with the inclination to vote against the bond as a means of expressing one’s heartily felt and well-earned disapproval of Miles. The conditions in many of these schools is deplorable, which directly hurts the students, and the bond is the one means we have to address that. If one believes that students learn best in environments that are clean and healthy and open and welcoming, then voting against the bond not only goes against that interest, it also means it’s more likely that Miles will be around here longer than was perhaps necessary, as going to these run-down schools has its predictably negative effect on the children there. I’m in full agreement with the questions over Miles’ budgetary maneuvers, but bond funds are solely for capital expenditures, not regular operations, so none of that money would affect his NES programs or his overpaid administrators or whatever else. Realistically, a lot of the bond money would be spent after he leaves anyway, just because these things take a lot of time to execute.

Again, I’m right there with you in thinking Miles is an egomaniacal ass whose programs are at best questionable in their merit even if the latest test scores are positive. I agree he’s done a lot of harm, which may linger well after his tenure. I want him gone as soon as possible, and I never want any other school district to go through this. I have a lot of conflicting emotions about this bond, but I have a very hard time seeing how voting against it will accomplish any of my preferred outcomes. I understand if you don’t see it that way. It’s still on HISD and the bond committee to sell this to the voters, and any way you look at it they have a heavy lift. I encourage you to read the proposal, ask your questions, and make your best decision. I plan to do some interviews about this for the fall, I promise you that.

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Uvalde parents sue FedEx and UPS over gun shipment

Very interesting.

The lawsuit alleges that FedEx was used to ship the AR-15 style rifle used in the shooting, and UPS was used for the shipment of a bump stock, which was found at the scene. According to the lawsuit, both UPS and FedEx have policies regulating the shipment of weapons.

For UPS, their terms and conditions state that “shipments must not contain goods which might endanger human or animal life or any means of transportations, or which might otherwise taint or damage other goods being transported by UPS, or the carriage, export or import of which is prohibited by applicable law of common carriers.”

FedEx’s terms say that items like explosives, firearms, weaponry, ammunition and their parts can’t be sent internationally, according to the lawsuit.

The suit claims that FedEx didn’t verify the age of the shooter when shipping the AR-15 style rifle. The shooter officially purchased the gun minutes before his 18th birthday on May 16, which made him below the legal age to purchase a rifle.

[…]

The lawsuit also alleges that FedEx did not follow federal law when it comes to the transport of a firearm within 1,000 feet of a school zone. It also accuses UPS of neglecting to screen the package, which contained a Hellfire Gen 2 trigger system, before it was shipped directly to the shooter.

“UPS and FedEx acted in combination and/or collusion to provide AR-15 modified to machine guns to persons…under 18 within school zones,” the suit says. “Effectively UPS and FedEx acted as illegal gun runners to a juvenile.”

This is the same group of families that sued gunmaker Daniel Defense in May. I will admit I was skeptical of this when I first saw the headlines, but the details in this story make me think there’s merit to this action. It comes across as a breach of contract, at least to me and my non-lawyer brain. How it will fare in a courtroom, I have no idea. But it’s interesting and I’m curious to see how it turns out. Texas Public Radio and the Chron have more.

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National attention on the Allred-Cruz race

Things are a little different now than they were in 2018. Also, Dems have very few even remotely realistic pickup opportunities this cycle, so.

Colin Allred

With more than four months left before Election Day 2018, Democrat Beto O’Rourke had campaigned in all of Texas’ 254 counties in his bid to unseat Republican U.S. Sen. Ted Cruz. It was a novel strategy central to breaking through in a Republican-controlled state that national Democrats had largely written off.

Six years later, U.S. Rep. Colin Allred is taking a much more traditional approach to campaigning as he tries to do what O’Rourke couldn’t: topple Cruz. Allred has made only 125 campaign stops so far, focusing instead on getting his message out early and directly to wide swaths of voters in TV, radio and digital ads. The Allred campaign isn’t skimping on the state’s expensive media markets, booking ads in the Houston, San Antonio, Laredo and Rio Grande Valley markets last month, and placing English and Spanish ads on digital platforms statewide.

Most notably, national Democrats are showing their confidence by investing in the state more proactively than in the past.

The change in tactic shows how the landscape in Texas has evolved for Democrats since the last time they tried to oust Cruz. Democrats outside of Texas have long thought the state is just too big, too expensive and too Republican to bother pouring in money. But the near-success of the 2018 O’Rourke campaign, the development of Democratic campaign infrastructure and the roster of U.S. Senate seats up for election this year are pushing the party to take Texas more seriously.

“In terms of Texas, we have a real opportunity there. Colin Allred is a strong candidate. He won decisively a primary. He is a man who was able to win a tough seat in the Dallas area, beating an entrenched Republican,” Sen. Gary Peters, who chairs the Democratic Senatorial Campaign Committee, said in a March interview with MSNBC’s Morning Joe. “He knows how to win.”

To be sure, Democrats will be running uphill in the state, which Republicans have dominated for a generation. Cruz has made it clear he is not taking anything for granted after the 2018 scare when O’Rourke came within 3 points of beating him. That year was the closest Democrats came to breaking their long-running statewide drought.

[…]

The DSCC identified the state as one of its top two pick-up opportunities this year along with Florida. The group is funding staffers in the state and funneling money into advertising. And with several months until Election Day, Democratic strategists alert that the pushes will only amplify exponentially as the summer months progress.

The DSCC included Texas in a $79 million ad buy announced last fall, including a seven-figure digital advertising investment for the state. It has financed new staff positions in Texas dedicated to finding and pitching opposition material on Cruz, and ran an ad casting Cruz as pushing legislation that would curb Medicare and Social Security benefits.

Veterans of the O’Rourke campaign say no such support existed from national Democrats this early in the 2018 cycle.

“There wasn’t as much of a presumption of coordination in 2018 as there is now because Texas hadn’t been competitive statewide in 25 years,” said Katherine Fischer, a Beto campaign alumna who is now deputy executive director of Texas Majority PAC.

It took years for Texas Democrats to get their national counterparts to take their runs seriously. Former state Sen. Wendy Davis remembers during her 2014 gubernatorial run — which got intense coverage following her historic filibuster against an abortion bill the year before — that national Democrats often used her story to fundraise, only to send the money to other gubernatorial candidates in other states.

“Now, not only do you have the verbal support for calling from these groups, but what you’re starting to see is they’re going to make significant investments in this race,” Davis said. “And that’s the first time that we’ve had this kind of national political money coming in to help one of our statewide candidates.”

Matt Angle, director of the Lone Star Project, said Democrats outside of the state were much more interested in House races in 2018 than helping O’Rourke. Several districts were competitive that year and attracted millions in investment from the Democratic Congressional Campaign Committee, including Allred’s House race that year.

Meanwhile, the DSCC was faced with an unfavorable map for Democrats and more attainable pick-up opportunities in the far less expensive swing states of Nevada and Arizona (Democrats won in both races that year). Texas contains two of the 10 most expensive media markets in the country (Dallas-Fort Worth and Houston), and the sheer vastness of the state makes it a daunting prospect.

“Beto gets most of the credit” for his 2018 successes, Angle said. “Whatever the DSCC did, they did late. That’s not surprising. That’s what I would expect: The DSCC first would have to protect their incumbents and Texas is a giant investment statewide for them.”

Zack Malitz, who was the field director of O’Rourke’s 2018 campaign, said the campaign’s aggressive investments in recruiting a large volunteer network could help future Democratic candidates.

“One built-in advantage that Texas campaigns have now is that you have tens of thousands of people who have volunteered on well-managed field programs in Texas and so the upfront investment to activate those people is a lot lower now,” Malitz.

You know me, ever the optimist. I want to believe. Hell, I know fully well that national Democrats really need to see Texas both as a threat and an opportunity, so even seeing this relatively modest response is at least a step in the right direction. What it all means in the end, I have no idea. If it has the effect of making a few more State House races winnable, I’ll take that as success. More would be great, but we have to start somewhere.

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June HCAD special election runoff early voting Day Five: The pace of the mail ballots

I’ll get right to it, here’s your Day Five EV report for the June HCAD runoffs. I’ve said before in these recaps that I don’t often have much to say about them because there’s not much of a basis for comparison with other elections, but then I had the bright idea to look at the pace at which mail ballots have been returned. Going with the other recent elections we looked at, this is what we get:


Election    Day1     ROW   Total     ROW%
=========================================
Nov 23     3,281   4,786   8,067   59.32%
Dec 23       829   7,760   8,589   90.35%

Mar 24D    6,217   5,046  11,263   44.80%
May 24DR  11,291     887  12,178    7.28%

May 24    10,858   2,043  12,901   15.84%
Jun 24     1,699   6,857   8,556   80.14%

I’ve grouped this a little differently than I did the look back on early voting patterns, by grouping these into elections and their subsequent runoffs, rather than just listing them each in chronological order. I had hoped that would provide a more precise basis for comparison, but it’s all a bit muddled regardless. But this is the data we have, so let’s see what it tells us.

Anyway, the middle two races are the Dem primary and primary runoff, and the last two are the May special and June special runoff. “Day1” is the number of mail ballots that were reported for the first day of early in person voting. “ROW” is “rest of week”, which is to say the number of mail ballots from Tuesday through Friday of that week, and “Total” is the sum of those two numbers. “ROW%” is the percentage of mail ballots for the first five days of early voting that were received after Day One.

What I think tis tells me is that it’s not unusual for a short-turnaround runoff to lag a bit in mail ballots early on, with voters using the EV period to catch up. It also tells me that the length of the EV period matters – the December 23 and June 24 runoffs had nine days of early voting, with twelve days between the start of early voting – in other words, the Day1 field – and the runoff day itself. For the party primary runoff, all of early voting happened in five days, with runoff days three days later. I think that, and the long period between the March primary and its late May runoff, might be the reason why the May primary runoff has such a weird pattern. Day1 for that race was farther along in the process than it was for the other runoffs.

I don’t quite understand why so few mail ballots were received for day one of the November 2023 election, especially in comparison to the May 2024 special election. The same befuddlement applies to the March primary. Both had plenty of lead time, as did the May special, and both had well-funded candidates who had an interest in getting their voters to return their mail ballots. All I got for you here is a shrug, and the affirmation that it’s common enough for a bunch of mail ballots to roll in over the course of early voting. That the short-turnaround runoffs had a low initial volume of mail ballots, especially in June given how soon it followed the May primary runoff, is not surprising. I’m just glad, and relieved, to see that the mail ballots keep coming in, and that this is normal behavior. Now it’s mostly a matter of where that ends up.

Anyway. As of Friday, we are at 8,008 in person early votes, to go with those 8,556 mail ballots, for a grand total of 16,564 through five days, with four more to go. We also have another full week of mail ballot returns, so hopefully that number will keep on climbing nicely. I’m feeling pretty good about that. Go vote if you haven’t done so yet, and pester your friends to do the same.

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Another statewide improvement effort

Let a thousand flowers bloom, I say.

A team of Democratic strategists unveiled a new group Thursday that aims to turn Texas blue by building up the party’s campaign infrastructure over multiple elections — offering a more practical outlet, in the eyes of the group’s architect, for liberal donors who have spent recent cycles showering cash on losing candidates.

The new outfit, a political action committee dubbed the Agave Democratic Infrastructure Fund, will focus on training campaign staff, recruiting down-ballot candidates and gauging public opinion to help Texas Democrats sharpen their message. The goal is to build a “long-term ecosystem of support, resources, and talent” that “won’t dissolve into thin air after Election Day,” said PAC founder Luke Warford.

“We’ve seen clearly that demographics are not destiny in Texas; that we need to do more to make Texas Democrats sustainably competitive and move past the boom-and-bust cycle of excitement and momentum that centers around specific candidates,” Warford, the Texas Democratic Party’s former chief strategy officer, said in a statement.

[…]

In an interview, Warford, who ran as a Democrat for the statewide Railroad Commission in 2022, said he is “incredibly thrilled about our partnership with the Texas Democratic Party and the direction that the party is moving.” The rollout was timed with the convention, he said, to emphasize that Agave plans to be “one of the biggest funders to TDP this cycle.”

Still, Warford pointed to two major gaps that are “holding Democrats back.” He said candidates throughout Texas are facing a persistent shortage of “qualified and well-trained” political staff — and struggling to keep the ones they find from leaving the state.

Most Democrats also lack the money to pay for polling and public opinion research, Warford said, leading to situations where candidates shape their campaign message around anecdotal conversations with voters or what they’re hearing from national Democrats. Warford said he faced this frustration himself when he ran for the Railroad Commission, which regulates oil and gas in the state, and could not afford to conduct polling or research early in his campaign.

“We’re going to be doing extensive opinion research to understand what Texas voters care about and what issues are most important to them, and then working with elected officials across the state … to push out coordinated messaging,” Warford said of his PAC.

Texas Democrats openly acknowledged their candidates’ weak response to the GOP’s united messaging around immigration and the economy in 2022, pinpointing it as a key reason the party lost so decisively in statewide contests.

The story notes that Agave overlaps the functions of the TDP in several respects, but founder Warford is quoted saying they are not singling out the party, just seeking to fill some gaps that aren’t being addressed. Which, fine, I approve of that effort, but I kind of agree with Campos that maybe we ought to be thinking about a change in state party leadership as well. All due respect, but most sports teams would have fired the coach long before now. Be that as it may, I thought Warford was a good candidate with a lot of energy in 2022, and I admire his effort here. Lord knows, we can use all the help we can get.

Posted in Election 2024 | Tagged , , , , , , , | 1 Comment

All Texas Republicans vote against bill to protect contraception

The headline speaks for itself.

The U.S. House passed a bill Thursday that would prevent states from banning birth control, though nearly the entire Republican delegation from Texas voted against it.

The bill, which faces far more hurdles passing through the Senate, largely responds to U.S. Supreme Court Justice Clarence Thomas’ recent opinion casting doubt on past rulings guaranteeing legal protections for contraceptives. It is part of a Democratic rush to codify policy on social issues that have since been put under question after the high court overturned Roe v. Wade.

All Texas Republicans voted against the measure, except for Rep. Michael McCaul, R-Austin, who did not vote. Only eight Republicans in the entire chamber joined all Democrats in voting in favor of the contraceptives legislation.

Democrats, meanwhile, said the measure is necessary to protect women’s personal freedom.

“The decision of when and how to begin a family is a personal decision, and I will continue to fight back against any attempts to further strip away reproductive rights from Texas women,” said U.S. Rep. Colin Allred, D-Dallas.

The right to contraception was established in Griswold v. Connecticut, a 1965 case in which the court found that a constitutional right to privacy protected women’s ability to take birth control. The right to privacy was also the basis for Roe v. Wade in 1973.

Thomas and some other conservatives dispute whether such a right is actually established in the Constitution, causing some to fear that other court precedents could be at risk. But while Roe has been overturned, Griswold remains. Contraception is legal in Texas, and the state’s top leaders have not given any public indication that they want to change that.

[…]

Senate Democrats introduced companion legislation earlier this week, which U.S. Sen. John Cornyn, R-Texas, dismissed as “pure hysteria,” doubting the Supreme Court would actually repeal legal protections for contraceptives.

“It’s not in jeopardy,” Cornyn told The Associated Press.

Lots of people thought that those who were warning that Roe v Wade was in jeopardy were accused of being hysterical too, and we know how that turned out. We know what happens when the likes of Jonathan Mitchell brings a wingnut lawsuit to judges like Matthew Kacsmaryk, and if you aren’t familiar with the Comstock Act and its possible applications in this context, you should be. This is a simple way to prevent that from happening. Senators Cornyn and Cruz are free to offer amendments to this bill, which did have the votes to pass, just not to beat the filibuster, if they think it’s too much. They don’t want it to come to a vote. That tells you what you need to know.

Posted in National news | Tagged , , , , , , , , , , | 1 Comment

June HCAD special election runoff early voting Day Four: Keep those mail ballots coming in

I haven’t been giving a day-by-day update on the early voting numbers for the HCAD runoff elections – it’s a little harder to say something interesting when there are no similar elections to compare the current one to. But here are the Day Four EV totals anyway, and I’m happy to report that the mail ballot number is beginning to get up to an acceptable level. Almost 6000 mail ballots have arrived since Monday, putting the current figure at 7,616 overall. Add in 5,983 in person ballots for a grand total of 13,599, honestly not too shabby compared to my extremely low expectations all things considered.

At this point I think we can assume that most of the mail ballots being counted were mailed in after early in person voting had started. If you are taking part in an effort to get Dem voters to fill out their ballots, kudos to you for a job well done. It’s also a job still in progress, as we’d need a minimum of 10K mail ballots, and ideally at least 15K, for me to think that they will exert a significant enough effect on the outcome. Keep up the good work. Early voting continues until Tuesday, so however you vote in this race, get out there and do so.

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Harris County settles sexual misconduct lawsuit against Precinct 1 Constable’s office

An ugly chapter.

Harris County commissioners on Tuesday agreed to pay four women $1.5 million, settling a civil lawsuit that alleged an array of sexual misconduct and exploitation during so-called “bachelor party” stings while working as rookie Precinct 1 constable deputies.

The 2021 federal lawsuit took aim at Constable Alan Rosen and two of his top-ranking superiors, all of whom were dismissed from the case, based on complaints that female deputies were picked for undercover vice assignments and then sexually abused.

The settlement includes Liz Gomez, Marissa Sanchez, Felicia McKinney and Jassmine Huff, who alleged the sting operations would devolve into “a booze-fueled playground for sexual exploitation.”

Gomez accused the department of subjecting her to sexual harassment, inappropriate touching, sexual ridicule and molestation during two undercover operations she participated in. The operations, described in the lawsuit as “bachelor party” stings, took place in a hotel room where undercover deputies posed as party goers and sex workers. Sex workers who tried to sell services for cash would be arrested and pressured to provide information about their traffickers or pimps, according to court documents.

She asked to be removed from the human trafficking unit.

Sanchez said in the suit that she was instructed “to wear revealing clothing, simulate sexual activity, and allow (her superior) to kiss, touch, and fondle her.”

[…]

A judge ruled previously that Rosen could not be personally sued for the misconduct allegations as an elected constable. The ruling allowed the lawsuit to proceed against the county and two of Rosen’s employees, Assistant Chief Deputy Chris Gore and Lt. Shane Rigdon, but those two were ultimately dismissed with prejudice.

The women accused Gore of kissing and fondling them during the operations, where he ordered subordinates to leave his name off any offense reports. Rosen was alleged to have attended at least one of the operations, according to the lawsuit.

Rosen defended his deputies and his department as the case proceeded through the courts.

See here for previous blogging. Once Constable Rosen and his two employees were removed from the suit, leaving only Harris County as the defendant, a settlement seemed likely once the suit was allowed to proceed. I’m sorry the plaintiffs won’t get to tell their story in court, and I’m still not happy that the other three defendants were dismissed, but I hope this settlement brings them some peace. I really hope there are some better controls in place in all of the Constables’ offices to prevent any future occurrences.

Posted in Legal matters | Tagged , , , , , , , , , , , | 2 Comments

HISD reports improvements on high school end of course exams

Good.

More Houston ISD students met or exceeded grade level on the English I, English II, Algebra I and biology end-of-course exams that are required for high school graduation, according to figures released by the district.

HISD saw a 3 percentage point increase in English I rates for meeting or exceeding grade level; a 5 percentage point increase for Algebra I and English II; and a 14 percentage point increase in biology. The rate stayed flat on U.S. history.

The Texas Education Agency plans to release statewide end-of-course results Friday, but HISD expects the results will show that the state’s largest school district lagged behind on overall passing rates but showed more growth than the state.

End-of-course exams sort students into four categories: did not meet grade level, approached grade level, met grade level, or mastered grade level.

While the state considers “approaches grade level” as passing, HISD only released met and mastered grade level percentages.

“Focusing on ‘approaches (grade level)’ for us is a lower bar. We want to focus on the higher bar, which is ‘meets,’” state-appointed Superintendent Mike Miles said.

The district’s goal was a 3 percentage points increase in the share of students meeting or exceeding grade level in all subjects, though Miles said a 1 -to-2 percentage point boost was “satisfactory.”

The Houston Landing adds some details and reminds us why this is so important.

Miles hinted that strong test score growth may put HISD on track to begin transitioning power back to democratic control two years from now.

Texas Education Commissioner Mike Morath, who has the authority to decide when to begin the transition, has said the return will happen when HISD no longer has any multi-year failing schools under Texas’ A-through-F academic accountability system. School district accountability ratings are largely determined by state standardized test scores.

“My gut says, looking at these scores, a whole bunch of schools are going to come out of intervention status,” Miles said. “If we can do this three years in a row, then maybe we can start to transition.”

Elementary student data hasn’t undergone a first round of data cleaning, which is why HISD has not yet released those scores, Miles said. But Miles said HISD’s youngest test-takers performed “even better” than high schoolers, based on the rough figures available.

That Landing story has a nice graphic showing the current year results versus 2023, for both NES and non-NES schools. The latter improved in all subjects except US History, but their scores were also higher to begin with. There’s a lot here to be happy about.

As Miles himself says, this is one year of data and that’s not a trend. Student outcomes are greatly important for a lot of reasons and I don’t want to underemphasize that, but there are plenty of other matters of concern, for which the picture is at best unclear. But we want our students to do better, and that also happens to be the fastest route to seeing the back of Mike Miles. This is good news. The Press has more.

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Dispatches from Dallas, June 7 edition

This is a weekly feature produced by my friend Ginger. Let us know what you think.

This week, in news from Dallas-Fort Worth, we have a short post due to the weather, which is one of the major items in this update. We lost power twice, once for a day and a half on Tuesday a week ago immediately following the storms in Dallas proper, and a second incident where Oncor had to turn our power off for seven hours and change to remove tree branches from the line on our street. The storms hit on election day, which is our other big topic this week. A number of voting centers were closed because they had no power Tuesday, but polls were open until 9pm at centers with power. Election results were available Wednesday morning, as expected, but they were one of the few things that turned up on time last week.

This week’s post was brought to you by the music of Cyndi Lauper, who is coming to Dallas and other cities on her farewell tour in November. I got my tickets on presale, but the regular onsale date is Friday.

Let’s start with the weather news. As you may know, there were tornadoes across the US and specifically north of Dallas and Fort Worth here in Texas on the Friday and Saturday of Memorial Day weekend. Seven people were killed and many more were injured in north Texas. The Dallas Observer has photos of the devastation: demolished homes and commercial buildings, overturned large vehicles, blown out signs.

Local folks had about breathed a sigh of relief that no more was coming when thunderstorm and tornado warnings went off at about 6 am on Tuesday morning, which was election day for the primary runoffs. In our part of Dallas, the rain was severe and the winds were high. While we didn’t have the sustained wind effect of a tropical storm or hurricane, the effect was similar over the quarter to half-hour that the worst was happening. By the time it had blown its way out of the metro area, more than half a million people were without power, branches were down everywhere in the city, property damage was widespread and traffic lights were dead everywhere. While the winds had subsided, rain continued to fall, causing concerns about flooding. The severity of the storms received national coverage (Washington Post; USA Today). It continued to rain all week and through the weekend, with the sun peeking through, as Oncor struggled to bring power back and the city’s drainage system struggled to deal with the runoff from the rain on soaked ground. Several high water rescues were necessary as city workers checked out the damage.

As the DMN explains, and Houstonians know well, it’s hard to predict storm severity before the storms form. In this case the timing of the formation overnight hampered readiness. We were asleep right up until the tornado warning from our phones woke us up. And while we were aware we were still in tornado season, at bedtime Monday the storms had been predicted to show up Tuesday afternoon. Historically, May is the biggest month for tornados in the Metroplex, but tornadoes have happened as late as July.

Some things we found out the hard way: Food in the refrigerator spoils after only four hours without power but a fully stocked freezer can hold out for two days. Local nonprofits also lost food with the power outages but did their best to continue serving their communities. KERA notes that unsurprisingly Oncor will not reimburse us all for the spoiled food. Oncor had both local and out-of-state workers removing trees from power lines. As Houstonians know, this is a job for the professionals. In Arlington, two people were killed in separate incidents while trimming trees following the storm. Complete cleanup from the storms will take months.

Unsurprisingly, Dallas County joins several others as part of a federal disaster area following the storms. The city is starting to recover: local radio is back on the air; there are plans to replace trees in parts of South Dallas that lost a lot; the zoo and the Arboretum are figuring out what’s next; and an eaglet that fell out of its nest at White Rock Lake has gone home. Traffic lights are still coming back on line slowly for reasons explained by the DMN so we’re still chanting “treat it as a four-way stop UNH!” a lot when we run errands.

Currently the Metroplex is in line for its sixth wettest year since we’ve started keeping records. Meanwhile, in the Panhandle, storm chasers found a hailstone six inches in diameter.

With the weather sort of under control, let’s talk about the election:

  • As I mentioned, the polls were open until 9 PM on Election Day to compensate for the loss of the voting centers that had no power. I don’t have a link for this to hand; I got the news from a text sent by the Dallas Democratic Party.
  • If you want detailed coverage of the results, you can pick your source: the DMN; the Star-Telegram; or KERA.
  • For a brief analysis of the runoff results, especially on the Republican side, you can check out the Dallas Observer, the DMN, and the Texas Tribune, all of which cover the runoffs where Paxton-endorsed candidates primaried House members who voted for impeachment. In north Texas, team Paxton seems to have won the day, perhaps unsurprisingly given his power base.
  • On the Democratic side of the runoff, incumbent Dallas County Sheriff Marian Brown trounced her old boss Lupe Valdez 69%-31%. I had no strong sense of where this race was going to go until I saw the results. I did receive several texts from Valdez supporters that did not appear to have campaign sanction that accused Brown of terminating prisoner programs willy nilly, like nothing happened in 2020 that might have stopped jail programs of all sorts. They were a little fishy even before I thought about the lack of a campaign endorsement or an opt-out. Whoever sent them did Valdez no favors. The Texas Tribune has more about the race.
  • This Bud Kennedy op-ed in the Star-Telegram tells an interesting story about the HD 97 Republican runoff. That’s Craig Goldman’s old seat, which he left to run for CD 12, Kay Granger’s seat. Apparently a PAC in the area ran attack ads against Goldman that backfired and also lifted John McQueeney over Cheryl Bean in HD 97. The theory is that Goldman and McQueeney were proxies for Abbott and the business Republicans and John O’Shea (Goldman’s primary opponent) and Bean were proxies for Ken Paxton and the MAGA crowd. The signs were apparently awful and bigoted, so be aware if you click through. Good thing Fort Worth voters saw through them.
  • Last, but not least, Heider Garcia has a problem with his poll workers: they’re not getting paid promptly. Apparently their checks were supposed to be issued three weeks after the last election but still have not arrived. The article doesn’t say whether the troubles have anything to do with the payroll delays from last year; either way Garcia needs to get those payments out to the hardworking folks at the polls.
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Firefighter deal details released

Just in time for the start of budget talks.

Mayor John Whitmire

A proposed settlement between Mayor John Whitmire and the city’s firefighters union could result in major changes to the Houston Fire Department beyond the deal’s $1.5 billion cost.

Under the terms of the deal released Monday, the Houston Professional Fire Fighters Association would be allowed to pick half of the civil service commissioners who often serve as the final word on discipline. The deal also would boost incentive pay for paramedics, prohibit random drug testing and set up a new labor-management committee designed to address health issues.

Many of the changes were included in a draft version of the agreement that has been circulating in political circles for weeks, but City Council members received formal confirmation when the Whitmire administration shared the final version less than 48 hours before a vote set for Wednesday.

The final version of the five-year contract drops a controversial provision requiring the mayor to pick the fire chief from within department ranks, but City Council members at a Tuesday hearing said they still had concerns about the agreement’s details and cost.

[…]

The 123-page collective bargaining agreement was signed and released to council members Monday. [Firefighters union President Marty] Lancton said it hews closely to a previous contract that expired in 2017.

There are some significant changes, however, one of the most prominent being to civil service rules.

The city’s existing Civil Service Commission includes three members and three alternates who step in when regular members are absent. Under the new collective bargaining agreement, the union and mayor will each pick half of the commission’s members.

The agreement also states that “All terminations and demotions must achieve a unanimous vote by the commissioners present if placed before the civil service commission.”

That provision effectively gives the union nominees veto power over major discipline, according to a plaintiff’s attorney who has represented firefighters suing the city in the past.

“To me it’s just bizarre. They’re just basically putting their thumb on the scale,” said lawyer Joe Ahmad. “It would be hard to imagine many situations where they would allow discipline and terminations to go forward.”

Ahmad represented a female firefighter who sued the city over severe sexual harassment from her colleagues at one of the city’s fire stations more than a decade ago, eventually resulting in a $275,000 settlement. He predicted the civil service rule change could lead to more settlements.

“Ultimately, it’s the city that gets held responsible for failure to discipline for things like harassment and discrimination,” he said. “It’s going to lead to bad behavior, because it’s a feeling of immunity.”

Lancton said critiques of the civil service changes are overblown. As it stands now, firefighters typically appeal terminations through a separate arbitration process rather than the commission, he said. Giving union appointees half of the commission seats is designed to correct an “anti-labor” bias under former Mayor Sylvester Turner’s administration, he said.

“It’s meant for labor to have a voice, and ensuring that you don’t have a stacked deck of anti-labor people,” he said.

The fire union contract could set a precedent for the Houston Police Officers’ Union negotiations set to begin next year. HPOU President Doug Griffith said the inclusion of fire union appointees likely would force the city to split its combined civil service commission, which currently hears matters from both departments.

Griffith said the unanimity requirement struck him as “kind of crazy … All it takes is one person to go in there every time and say ‘nope, nope.’”

See here for the previous update. I’m glad that the provision about requiring the fire chief to come from the department is gone, it was a bad idea and it seemed needlessly targeted at the current Chief. As for the provision about requiring unanimous votes by the civil service commission, the characterization of it as “kind of crazy” by the president of the police officer’s union is more eloquent than anything I could add. We’ll see what Council makes of it next week, after it was tagged on yesterday’s agenda. The Chron has more.

Posted in Local politics | Tagged , , , , , , , , , , , , , | 20 Comments

Paxton asks SCOTx to dismiss the disciplinary lawsuit against him

I’m just surprised it took him this long.

Still a crook any way you look

State Attorney General Ken Paxton is asking the Texas Supreme Court to reverse an appeals court ruling that kept active a disciplinary proceeding and potential future punishment for his effort to overturn the results of the 2020 presidential election, according to a Tuesday filing.

Initiating a punitive administrative action in 2022, the Commission for Lawyer Discipline, a standing committee of the State Bar of Texas, is seeking to reprimand Paxton for his “dishonest” attempt to prevent the certification of election results in Pennsylvania, Wisconsin, Georgia and Michigan that were favorable to President Joe Biden.

Previously, Paxton has argued he is immune from punishment for actions taken in his official capacity, thus rendering the complaint against him invalid. Meanwhile, the State Bar and attorneys who filed amicus briefs argue Paxton is subject to the same rules, standards and ethics as other attorneys and that his election fraud push before the U.S. Supreme Court lacked merit and credibility.

A three-justice panel of the 5th Court of Appeals in Dallas in a 2-1 ruling in April agreed that Paxton is encumbered by legal and ethical considerations, and it allowed the punitive case to move forward by rejecting the attorney general’s immunity argument.

Now, Paxton is asking the state’s highest civil court to reconsider the lower court’s decision, claiming the State Bar’s effort to punish him and the appeals court ruling as an “abuse of the legal system” and “politically motivated lawfare.”

“The State Bar’s attempt to sanction the Attorney General is an unconstitutional violation of the Texas Constitution’s Separation of Powers Clause and violates his sovereign immunity,” Paxton’s office said in a news release Tuesday. “Nevertheless, over an erudite dissent, a sharply divided court of appeals permitted the Bar’s lawsuit to go forward.”

Despite Paxton’s argument over previous legal filings that he cannot be punished by the State Bar in his official capacity, the appeals court viewed the issue differently, finding instead that it would be a violation of separation of powers to lend blanket immunity to the attorney general.

“Every attorney admitted to practice in Texas, including those representing a government agency, is subject to the Texas Disciplinary Rules of Professional Conduct and Texas Rules of Disciplinary Procedure, both promulgated by the Texas Supreme Court,” said the majority opinion issued in April by appeals court Justices Erin Nowell and Nancy Kennedy.

See here for the previous update. I suppose this is a different argument before, and thus might have required more time to file than the cut-and-paste job he was originally able to make. I can’t say I’m optimistic – the Supreme Court is made up entirely of Republicans, who need to win Republican primaries to be able to continue to serve on the Supreme Court, and they all saw what happened to their colleagues on the Court of Criminal Appeals after they tried to apply the law and the Constitution to Ken Paxton – but who knows. It is what it is at this point. Texas Public Radio has more.

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“Like ‘Succession’ with turkey legs and jousting”

All right, I guess I should watch that HBO doc on the Texas Renaissance Festival and its founder, George Coulam.

To label George Coulam eccentric is such an understatement that it’s like calling Houston summers hot. Yes, it’s true, but it doesn’t convey the sheer exhaustion of the experience.

Coulam, 86, is the founder of the annual Texas Renaissance Festival in Todd Mission, 55 miles north of Houston, and the man who claims to have turned it into the largest festival of its type in the country. He’s a man known for living in kitschy rococo splendor while running his kingdom with an iron fist, one that compels so much obedience among underlings that when they call him King George, it seems as if they truly believe him to be some medieval monarch who somehow ended up on the Texas prairie instead of on the British throne.

But he’s also a man who has an assistant who maintains his profiles across a sea of dating sites and whose main question to the 20-something women he meets for lunch at a nearby Olive Garden is, “Are those your natural breasts?” (And woe unto you, if you say no.)

He’s a man who tells a festival employee, who has requested a meeting with him, to “get your ugly (expletive) in here, shut up and sit down.”

And he’s a man who says he wants to retire. Yet he continues to oversee a multimillion-dollar enterprise in which three of those who work for him are angling to take over and push him out to pasture before he may be ready.

At least that’s the picture painted in “Ren Faire,” a sometimes fanciful and always compulsively watchable, three-part HBO documentary beginning June 2 that’s directed by Lance Oppenheim (“Some Kind of Heaven”) and co-produced by the directing team of Josh and Benny Safdie (the Safdie brothers). Like “Tiger King,” “Cheer” and the dueling Fyre Festival documentaries, it pulls back a curtain on a backstage world that most only know as members of a cheering audience. But what’s beyond the footlights is more likely to elicit gasps than applause.

I mentioned this briefly in last week’s blog roundup. Quite a bit has been written about Coulam and his, um, distinctive habits. Here’s the Press on a 2020 harassment lawsuit against him (I’m sure they have more in their archives but they may be lost to the various moves and buyouts), here’s Texas Monthly with a 1999 story that would have coincided with TRF’s 25th anniversary, and here’s a post I did in 2019 about Coulam, who was also the Mayor of Todd Mission, worrying about the future of the RenFest as Houston continued to sprawl outward.

I’m an infrequent attendee of TRF – it’s been at least 20 years for me now, I like it but don’t care for the long drive and the aimless schlepping around. I have plenty of friends for whom it’s a lifelong obsession. I get it, it’s just not really my thing. The reviews of the doc all seem pretty positive, and I’ll bet plenty of folks who have no idea about this will be gobsmacked by it, so I’ll probably watch. What do you think?

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Texas blog roundup for the week of June 3

The Texas Progressive Alliance says “GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY!GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY! GUILTY!” as it brings you this week’s roundup.

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A look at recent trends in early, mail, and Election Day voting

I’ve noted before how I completely overestimated Election Day voting totals in the November/December 2023 and March 2024 races, based on recent past data from similar elections. I’ve tentatively concluded that even for races where a lot of Election Day voting was still the majority of the vote, early voting including voting by mail is the undisputed heavyweight now. I wanted to take a minute and do a more comprehensive review of this for the spate of elections we’ve had since last November, and see what that might tell us. So without further ado, here’s the relevant data.


Election   Mail    Early    E-Day    Total
==========================================
Nov 23   16,655  224,321  210,844  451,820
Dec 23   13,769  118,089   66,639  198,497
Mar 24D  18,116   87,603   72,083  172,522
Mar 24R   7,133  102,273   93,321  202,727
May 24   15,005   19,512   22,455   56,972
May 24D  11,386   16,453   17,617   45,456


Election   Mail%    EIP%  Early%    EDay%
=========================================
Nov 23     3.69%  49.65%  53.33%   46.67%
Dec 23     6.94%  59.49%  66.43%   33.57%
Mar 24D   10.15%  50.78%  61.43%   38.57%
Mar 24R    3.52%  50.45%  53.97%   46.03%
May 24    26.34%  34.25%  60.59%   39.41%
May 24D   25.05%  36.20%  61.24%   38.76%

All results are based on the election archives at HarrisVotes plus the last early vote report file sent out by the Clerk’s office following the May 28 runoffs. I added up the votes cast plus undervotes and (for mail ballots) overvotes to get each total, which is consistent for each countywide race. I did not include the small number of provisional ballots for each election, just for the sake of simplicity. My “Total” will therefore be slightly off from the official turnout total given by the Clerk on each election result page.

“Early” refers to the early in person votes cast for each race, and “E-Day” is the in person vote total for that election day. The percentages given are for Mail, Early In Person, Early Total (which is Mail + EIP), and Election Day. “May 24” is the May special election, and “May 24D” is the May Democratic primary runoff. I skipped the Republican primary runoff since it was not countywide.

A couple of things stand out to me. One is that outside of the Republican primary, the total number of mail ballots cast is remarkably stable. It’s not at all proportionate to the overall turnout of a given election, it’s more of a function of the number of people who receive a mail ballot for that race. Which itself is relatively stable, in that one can request a mail ballot for all elections in a year at the beginning of that year. If you want evidence that allowing more people to vote by mail would lead to a general boost in turnout, there you have it.

What this means is that especially in a low turnout context, mail voters are very important. Kathy Blueford Daniels won her race for HCAD Position 1 because of mail voters. She took almost 63% of the mail vote, which gave her an absolute edge of over 4400 votes, then held on as she got a just-under-50% plurality in early in person votes and lost Election Day by eleven points.

The other HCAD races are harder to say anything about because I daresay many voters didn’t know who the candidates were, or more specifically what party they represented. Dems collected 70% of the mail vote in HCAD2, split among all of the non-Kyle Scott candidates, while Pelumi Adeleke and J. Bill got just over 27% of the mail vote in HCAD3. Another way to think about it is this: The three endorsed Republicans (Frazer, Scott, Lacy) all got about the same number of mail votes. Ericka McCrutcheon was the wild card in HCAD3, as she has been a candidate before and as a Black woman probably got a nontrivial number of votes from Dems who didn’t know her party affiliation

I think the single best thing that Democrats can do in the HCAD runoffs is remind all of the regular Democratic mail voters that Melissa Noriega and Pelumi Adeleke are their candidates. It’s important in each race but almost certainly vital in HCAD3, where Adeleke is the less-known candidate. We’re probably going to get about half of the turnout of the May election on June 15, so the mail ballots could easily be the biggest share of the total, possibly even a majority of them. Win the mail vote, probably win the overall vote.

This only goes so far in a high-turnout context. Mail ballots were 10.8% of the total in November 2020, and 5.5% of the total in November 2022. They were still the most Democratic component of the total in each case. We have this effective tool at our disposal, and it’s extra effective in smaller races. This is our chance to really use it. If you’re looking to help Melissa Noriega and Pelumi Adeleke win on June 15, join an effort to call the Dems who have mail ballots and get them to send them in.

UPDATE: There were 2,946 mail ballots received on Tuesday, Day Two of early voting, which is almost double the Day One total and the sort of thing you’d expect to see if the normal pattern of ballots being mailed in was disrupted by the proximity of the two elections. This is an encouraging sign, but we need it to continue.

Posted in Election 2024 | Tagged , , , , , , , , , , , , , , , , , , | 2 Comments

Harris County seeks a new direction for HART

Hopefully a solid reset and restart. Possibly even with the same vendor, if they can make the best offer and no other questions come up.

Harris County officials on Tuesday began making new plans to extend a program that sends social workers instead of sheriff’s deputies to some non-violent 911 calls, an effort that was cast in doubt last week due to questions about the contractor running the program.

Commissioners voted narrowly last week to withhold about $270,000 in payments to DEMA Consulting & Management for its work on the program in February and March, citing an ongoing audit sparked by questions about the company’s billing practices.

Harris County health officials said last week that would effectively end the Holistic Assistance Response Team program because the company would not be able to pay its employees. However, HART has continued responding to calls, and staff members told the Chronicle they were still being paid as of Friday.

Since 2022, the team has diverted about 11,500 911 calls to mental health providers.

On Tuesday, commissioners voted 4 to 1 to approve those funds, which the Harris County Auditor’s Office said followed the terms of the contract, and began discussing how to move forward with the program. The four Democrats voted in favor of approving the funds, with Precinct 3 Commissioner Tom Ramsey, the lone Republican, voting against it.

The court also voted along party lines to approve a seven-part plan from Commissioners Lesley Briones and Rodney Ellis for the program’s future. That plan includes instructing the county attorney to bring an amendment to the county’s contract with DEMA that would require enhanced invoicing and documentation. The court will consider that amendment at its next meeting on June 25.

Commissioners Court also voted to instruct staff to begin crafting two separate proposals for how to continue the program beyond July: Bring the program “in house” to Harris County Public Health, which would cost at least $11 million; or put out a new request for proposals from contractors interested in taking it over.

The remaining motions included enhanced monthly reports from the health agency on HART metrics, a 911 call analysis and project management services.

[…]

The Harris County Auditor’s Office stopped short of finding wrongdoing in a preliminary memo to commissioners sent on May 24. It said there was “a lack of detailed documentation to support the billings to Harris and Sonoma counties.”

Harris County Auditor Mike Post told commissioners on Tuesday that Sonoma County officials felt they were being double billed for the same hours worked by the same seven employees, including Patino herself.

Post said his office’s investigation suggests that for some of the roles the company was billing based on availability: The medical director, for example, was available for calls from both counties, and both were billed.

For others, the company provided timesheets that aligned with the hours billed to both counties. Patino herself logged 412.5 hours from Aug. 1 to Sept. 3, or about 12 hours a day; she billed Harris for 200 of the hours, and Sonoma County for 212.5.

For three other positions, Post said the timesheets amounted to about half of the hours billed to the county. He is still waiting on answers from the company about whether there are outstanding timesheets somewhere, or if they were billing those positions based on availability as well.

See here for some background. The audit here doesn’t seem to have found anything terrible, but the questions about DEMA in California remain, and that’s sufficient to make some changes and have another go at this. The important factor is that the program has been a success and needs to continue in some form. The details will be worked out and that’s fine. The big thing was keeping something like this going, and that is what happened. Houston Landing has more.

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Shepherd-Durham project back on track

First, I got this in my inbox, from the Mayor’s office.

Mayor John Whitmire and the Memorial Heights TIRZ have reached a compromise on the design of the Shepherd Durham Phase II project that maintains the terms of the Federal Grant, preserves general mobility, and creates transportation options while enhancing drainage and wastewater infrastructure.

This latest development was data driven utilizing an updated traffic analysis and INRIX Trip Analytics. The Mayor appreciates the TIRZ providing additional data to move the project forward for the benefit of Houstonians. The next step is for City Council to approve an interlocal agreement in the coming weeks.

The project preserves the standard widths of general-purpose lanes on Shepherd and Durham, and the number and width of these lanes for two blocks of 11th Street. It also re-establishes four lanes on 11th Street for one block east of Shepherd, while adding bike lanes and 6-foot-wide sidewalks for the entire project. Additionally, left turn lanes are strategically included at specific locations based on data analysis to improve traffic flow.

See here for the background. My initial reaction to this was that it sounded positive. I then got this in my inbox, from the Memorial Heights Redevelopment Authority (MHRA):

The Memorial Heights Redevelopment Authority (MHRA) expresses gratitude and support for Mayor Whitmire’s decision to proceed with Phase 2 of the Shepherd Durham Reconstruction Project. We appreciate the administration’s willingness to work with MHRA to address concerns and to maintain the project’s benefits and grant funding.

The Shepherd Durham project promises significant benefits for a transportation corridor that has not seen any attention since the 1960s. Upgraded storm sewers will address issues caused by undersized and failing lines, while new water and wastewater utilities will ensure reliable service. Modern sidewalks, dedicated bicycle lanes, and improved intersection design will significantly reduce accidents and improve accessibility and mobility for all users. This investment also supports economic growth by facilitating commercial development in the corridor.

We thank Mayor Whitmire for recognizing the importance of this project and for his dedication to addressing our city’s infrastructure needs. MHRA looks forward to continued collaboration with the mayor’s office, the Houston Public Works Department, and all stakeholders as we move forward to deliver critical improvements efficiently and effectively.

For weekly construction updates, visit www.shepherddurham.com.

A subsequent followup from the MHRA included this additional information:

Based on the improved traffic information provided by the INRIX Origin/Destination data and our discussions with the mayor, we have updated our plans to better serve the needs of the community. Key changes to the project include:

  • Shepherd and Durham Drives: The plans will now include three, 11-foot through lanes on both Shepherd and Durham drives, replacing the current design of three lanes of eleven, ten and eleven feet wide.
  • 11th Street: The updated plans will retain two through lanes in each direction between Shepherd and Durham, significantly enhancing the level of service at this critical intersection by nearly 50%. Additionally, 11th Street will transition to one lane in each direction at Dorothy.

The TIRZ will conduct an additional traffic signal analysis 6-12 months after the project’s completion and will provide this analysis to the City to ensure the best optimization for final traffic signal adjustments.

Basically, it sounds like the project will continue in a very similar form. There are some positive reactions on Twitter, and in the late-breaking Chron story.

Marlene Gafrick, a senior adviser to Whitmire for transportation and planning, said the changes will keep it all within the current right-of-way, improve mobility in the area and will not require a total redesign of the project.

“This is data-driven,” Gafrick said, noting that a new traffic study showed where turn lanes and preserving two lanes in each direction along 11th were needed.

An important change was maintaining that all three lanes of both streets will be 11 feet wide, saying the widths were important for maintaining speeds and safety for drivers, Gafrick said.

The Memorial Heights TIRZ, which planned and managed the $100 million project to redo the streets from Washington Avenue to Loop 610, said the agreement allows for needed work to happen.

“The Shepherd Durham project promises significant benefits for a transportation corridor that has not seen any attention since the 1960s,” the authority’s board said in a statement.

Gafrick said city and TIRZ officials “are pushing” to keep the start of construction in late 2024 or 2025.

TIRZ officials said they would have more specific design details later this week. Whitmire’s office said an interlocal agreement would come to City Council for agreement in the coming weeks.

[…]

Agreement also ends what was a sometimes bitter back and forth where many in the community accused Whitmire of stymying a long-planned project with one phase already complete simply because commuters raised objections.

Those who supported the project and worried the pause could take the middle out of a much larger redesign of Shepherd and Durham applauded the progress.

“This project is in the community’s best interest,” District C Council Member Abbie Kamin said. “Thats why we fought so hard for it.”

Kamin credited the work on data and more input for preserving the project’s benefits while keeping focused on making sure funding for the work was not in jeopardy. A protracted pause could have risked money for the work.

“I appreciate the mayor’s deference to the data and the overwhelming neighborhood support for this project,” Kamin said. “His team worked hard to get to today.”

[…]

“It’s great to see the mayor acknowledge the extraordinarily broad community support this transformative project enjoys,” said Joe Cutrufo, executive director of the advocacy group BikeHouston.

I’m basically happy with this outcome. I could have done without the drama, but I’m a results guy, and this is a good result. I want to add one more data point to all this, which is a before-and-after view of the streets in question that was sent to me recently. If you’ve driven along Shepherd or Durham between 11th Street and the Loop, you know what I’m talking about, but if this is not your normal turf or if it’s been a minute since you’ve been there, take a look at what the area looked like before construction, and now after construction, from March and April. I don’t know about you, but I want to live in a city that has the streets from those After photos. We’ll be getting more like that now that this construction will continue. Kudos all around. Houston Landing, which has another positive reaction to the agreement, has more.

Posted in Planes, Trains, and Automobiles | Tagged , , , , , , , , , , , , , | 4 Comments

June HCAD special election runoff early voting Day One: Yeah, we’re doing this again

Current mood:

Here’s your Day One report for the runoff. It’s fair to say that the voters, fresh off of last week’s primary runoff, have yet to catch up to the present situation. A grand total of 3,130 votes have been cast so far, of which 1,428 were in person and 1,702 were by mail. This is not great for the Democratic candidates in the runoff, as mail votes have been an increasingly significant part of the Democratic GOTV strategy. That said, there’s usually much more of a lead-in to the start of mail voting, so we may get an oddly-shaped curve for the daily rate of return of these ballots. That will be something to keep an eye on. Over 38K mail ballots were sent out for this election, which is right in line with the total number sent for the first round in May. There’s room for a lot of growth here, is what I’m saying.

I will have a deeper dive into early and mail voting patterns from recent elections tomorrow. I will get out ahead of this a little to say that if you are a Democrat, the best thing you can do right now to affect the outcome of this election, beyond voting yourself, is to join an effort to call the regular Dems who have a mail ballot for this election and get them to fill it out and stick it in the mail ASAP. Don’t sleep on this, the final day to receive the ballots is Runoff Day on June 15. Let’s get that number up.

Posted in Election 2024 | Tagged , , , , , , , , , | 1 Comment

Rep. Sheila Jackson Lee says she has pancreatic cancer

I wish her all the best for a full and speedy recovery.

Rep. Sheila Jackson Lee

U.S. Rep Sheila Jackson Lee, D-Houston, is undergoing treatment for pancreatic cancer, the congresswoman shared in a Sunday statement on social media platform X.

“My doctors have confirmed my diagnosis for pancreatic cancer,” Jackson Lee said. “I am currently undergoing treatment to battle this disease that impacts tens of thousands of Americans every year.”

Jackson Lee, 74, represents Congressional District 18, a seat she has held for 30 years. In March, she defeated challenger Amanda Edwards, a former Houston City Councilwoman, in the most competitive primary of her congressional career. Prior to the March primary, Jackson Lee had only drawn four primary challengers, and she defeated all of them by significant margins. She’s been in Congress since 1995.

In her statement, Jackson Lee said she will “likely be occasionally absent from Congress” as she undergoes treatment but that she plans to continue to serve her constituents with the services they “deserve and expect.”

“I am committed to working with our Congressional Leadership including Leader Hakeem Jeffries and the Speaker of House to serve this nation and be present for votes on legislation that is critical for the prosperity and security of the American people,” the statement said.

Jackson Lee previously battled breast cancer. In 2012, she announced that she was cancer free after having been diagnosed the previous year.

“I look forward to having many more years to enjoy my family, friends and to serve our community and nation,” she said at the time.

I’ll say again, I wish her all the best. Pancreatic cancer is no joke. Please note in the story that the Harris County GOP put out a kind statement wishing her well. If you have something to say here, please follow that example.

Posted in Election 2024 | Tagged , , , , , , | 3 Comments

Runoff endorsement watch: One for two

The Chron revisited their HCAD endorsements for the runoff, with one needing a change since their first choice finished third last month.

Pelumi Adeleke

For the Place 2 runoff, voters have a choice between two qualified candidates, Kyle Scott and Melissa Noriega. Scott, a 46-year-old Republican and entrepreneurship professor at Sam Houston State University, lost a 2022 election for Harris County Treasurer and was among the Republicans who challenged vote counts in court. All but one of those cases were dropped or thrown out by the judge. He received our endorsement for his ideas on auditing tax abatements and regularly evaluating the chief appraiser. Noriega, 69, is a Democrat and former state representative, Houston City Council member and non-profit leader who’d make an excellent board member as well.

Our pick for Place 3 didn’t make the runoff but another candidate who impressed us did. Pelumi Adeleke is a 39-year-old Harvard Business School graduate and leader at Amazon Web services. At a minimum, she wants greater transparency. How do appraisers decide how much a house or skyscraper is worth? “I have training in accounting and taxes, and I didn’t understand the process,” she told us. A Democrat backed by the AFL-CIO, her idea is to use basic information on when a building was built and its square footage to calculate the appraised value, but not to incorporate the underlying land value. That kind of dramatic change could bring about more fairness in some cases, and unintended negative consequences in others. We doubt that a single board member could bring about such a change, but even raising the idea could help the appraisal district learn how to explain to property owners how the current system works.

The other candidate for Place 3, Ericka McCrutcheon ran unsuccessfully twice for Houston City Council. The 62-year-old owner of a construction and remodeling company, and a church co-pastor, she is endorsed by several Republican lawmakers including Bettencourt and state Rep. Valoree Swanson. Her website states that she wants to “ensure that taxation is clean, level, and uniform according to the law,” but she did not attend either of two candidate screenings or speak to us by phone to share a specific approach with us. In contrast, Adeleke’s professional expertise is relevant and the big questions she’s asking could improve appraisals over the long-run.

See here for the Round One endorsements. Maybe it’s just me, but endorsing election deniers seems like it’s bad for democracy. Having some possibly interesting ideas about auditing tax abatements shouldn’t be enough to erase that stain. Call me old-fashioned, if you must. As a reminder, here are my interviews with the candidates you should vote for:

Melissa Noriega, HCAD Position 2
Pelumi Adeleke, HCAD Position 3

Early voting continues through next Tuesday. Don’t miss out.

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One year of the HISD takeover

It’s been a year since HISD was officially taken over. Where do we stand on the things that matter, the schools’ and students’ performances? Early data is mostly positive, with a lot of caveats.

According to early data, HISD appears to be making initial progress with complying with state and federal special education requirements and improving student outcomes, which are both key requirements to ending the intervention. However, several education experts said one year of data is not enough time to indicate whether the district is heading in the right direction and more work still needs to be done to ensure students receive an equitable education.

During this first year of takeover, HISD has reported higher levels of teacher and principal turnover compared to prior years and job cuts in nearly every department due to a $528 million budget shortfall, which have led some to question the long-term sustainability of Miles’ reforms as he plans to spend millions of additional dollars expanding the NES model to about half the district’s campuses next year.

[…]

Toni Templeton, a research scientist at the University of Houston Education Research Center, said that the teacher turnover at HISD is part of a troublesome increase in attrition across the state, where more than 10% of teachers have left education altogether in recent years. Campus climate — an area in which Miles’ administration has been criticized — can often play a factor, she said.

What increasingly concerns researchers, however, is the growing tendency of school districts to replace departed educators with uncertified teachers who tend not to stay as long as those with traditional training. HISD data indicates the district hired at least 839 uncertified teachers, or about 7% of its teaching workforce, to start the year.

“It’s problematic because there’s an actual science to teaching and learning — the preparation, the clinical practice, that’s all been linked in research to lower attrition and better performance, so we are really alarmed by what we’re seeing statewide,” Templeton said.

While teachers have been leaving in the greatest numbers, the forced resignations of several HISD principals in recent months have rallied thousands in the community against Miles, especially at some non-NES schools — including two that boasted recent Principals of the Year — where families were more than happy with their principal’s leadership.

HISD hasn’t yet released records indicating how many principals were let go in May, but their departures came on the heels of widespread principal turnover throughout the year. At least 71 principals left or were removed from their positions between June and March, with that number expected to rise significantly as more data from the spring is released.

[…]

There is limited data on student academic performance and progress during the state takeover so far since the results of several exams taken at the end of the academic year, such as the State of Texas Assessments of Academic Readiness, will not be publicly released until summer.

One of the few available data points is HISD students’ beginning- and middle-of-year scores on the Northwest Evaluation Association’s Measures of Academic Progress Growth assessment, or the NWEA MAP. Miles introduced the national exam for the first time in HISD to monitor students’ academic progress throughout the year.

HISD elementary and middle school students took exams in reading, math and science in September, January and May, although several campuses struggled to provide adequate heating to students during January exams and air conditioning during the May assessments. The tests measure both academic achievement and growth using a RIT, or Rasch Unit, score ranging from 100 to 350.

The middle-of-year exam results showed that students at NES campuses saw more growth in math and reading than students at non-NES campuses, although the raw RIT scores remain lower for students at NES schools, which largely consist of Hispanic, Black and low-income students, according to data obtained by the Chronicle.

Average districtwide scores for each grade, however, are a few points below scores from the “norm group,” which is a separate large group of diverse students from across the U.S. who have also taken the test. Miles told the Chronicle in January that the test results show HISD is on the right path and the NES reforms are paying off, but HISD still has “a long way to go.”

“One set of data does not a trend make, I get it, but you can see that we’re headed in the right direction,” Miles said. “You can see that what we said was going to happen to the NES schools happened. Kids who are behind get more supports.”

According to district data, about 60% of NES students met their expected growth targets on the middle-of-year MAP reading exam, compared with 54% of non-NES students. On the math exam, approximately 61% of NES students met their expected growth targets, compared with 59% of non-NES elementary and 55% of middle school students.

Overall, MAP scores at NES schools jumped from about 190 points to 195 points in reading and about 183 to 188 in math, while scores at non-NES schools generally remained consistent at about 201 on the reading exam and around 194 on the math portion.

HISD students were originally scheduled to take the end-of-year Measures of Academic Progress Growth assessment in mid-May, but the district pushed testing dates for most students to May 28 to 30, meaning test results are not available.

Erin Baumgartner, director of the Houston Education Research Consortium, said it’s good for students at NES campuses to be reporting more growth, but it’s too soon to determine if it’s a sign that the model is working or not. She said more data is necessary to determine why the growth is happening, if it’s connected to the NES reforms and if it is sustainable in the long-term.

“Getting the full school year’s worth of information will be very helpful, but it’s also important … to see how this continues into next year and how this progress happens,” Baumgartner said. “For some students, there was a complete shift in their education experience, and so that really might have done a lot to boost them initially, but can we keep those that boost going?”

There’s a lot more, so read the rest. The Chron has a series of articles marking the one year anniversary, and of those the other that drew my interest was this collection of quotes from various stakeholders, looking back on the year that was. I’d put it at two to one, maybe even three to one negative. The early numbers may be trending positive, but the vibes most definitely are not.

I’ve said before and I’ll say again, I think Mike Miles has done some good things, things that will make academic performance and outcomes at HISD better overall. Changing how we teach reading was necessary and overdue, and likely happened more quickly and with less fuss via his edict than via a trustee-driven process. Bringing more resources and attracting better teachers to the initial NES schools, many of which have been long underserved by HISD, was a good and needed accomplishment. He deserves credit for these things.

But the negatives are overwhelming, and they threaten to swamp what good there has been. I don’t want to relitigate everything here, but I do want to focus on what I think is the main issue, which is Miles greatly overstepping his initial mandate, which has led to most of the conflict and controversy that we see now and which I believe threatens to undermine the progress that is being made. Miles came in with a mandate to improve a relatively small number of underserved and underperforming campuses, with a short amount of lead time before the school year was scheduled to begin. He did that, and then very quickly pivoted to implementing the same kind of changes at a much larger number of schools that were not within that mandate, before we had any idea how well his changes would work and without the input or feedback from the schools that suddenly found themselves in his scope.

This to me is a mistake on multiple levels: There was no time or effort made to get buy-in from the community. There was no evidence that any of the reforms were working. Many of the reforms he had in mind, for things like teacher and principal evaluation, were based on unproven data and methodology and relied on small samples that were naturally subject to a great deal of volatility. Increasing the focus of his mission necessarily meant paying less attention to the initial subjects of the mission and created distractions by generating the controversy that they did. High-profile firings of well-regarded teachers and principals were made without warning or justification and came at the same time as other staff reductions were being made, which gave the whole process a chaotic and arbitrary feel, which led to even more public dissension. And all of this was happening as Miles himself continuously gave a my-way-or-the-highway response to criticisms.

The bottom line is that Miles is a leader who has lost the confidence of the people he was brought in to lead, people who had no say in his selection and no mechanism for holding him accountable. It’s a mess of his own making, and it not only puts the much-needed bond issuance in jeopardy, it threatens to make HISD’s long-term demographic issues worse. I fear that people who have the means to pull their kids out of HISD for next year will do so, which will exacerbate its fiscal position, reduce its political clout, and make Houston seem like a less-desirable place to live. How much better off is HISD if academic scores notch up a bit but its enrollment for 2024-25 falls to 150K or something like that? How much better off would we be instead if Mike Miles had even a basic ability to listen and be empathetic?

Maybe I’m overestimating the problem here. Maybe the STAAR and accountability scores we get will show a big step forward, which will not only be great for the students but also make the eventual departure of Mike Miles that much more tangible. Maybe things will calm down over the summer and people will send their kids back as usual. All I’m saying is that we could have gotten the good things with far less of the bad, if not for Mike Miles’ actions. And if the first thing that a reinstated school board and its newly-hired Superintendent do is throw out most if not all of the changes Mike Miles made in an effort to close the door on a deeply painful chapter of HISD’s history, we’ll know the reason why.

Posted in School days | Tagged , , , , , , , , | 3 Comments

Another Speaker contender

I suspect this list will get longer. Whether they all make it to the actual vote for Speaker is another story.

Rep. Shelby Slawson

State Rep. Shelby Slawson announced Thursday she is running for Texas House speaker, becoming the second member to challenge the chamber’s current leader, Dade Phelan, for control of the gavel.

Slawson, R-Stephenville, launched her candidacy in a letter to fellow House Republicans, telling them she began last year’s session as a supporter of Phelan, only to grow disillusioned by what she described as his “tight-fisted, top-down leadership.” She slammed Phelan’s inner circle as an “arrogant leadership cadre” and said they had run the House in a way that “continually overshadows our wins and puts us at odds with our grassroots supporters, other electeds, and our own members.”

“Our reform-minded members outnumber the status-quo supporters, and our ranks have grown with new energy this election cycle,” Slawson wrote. “We are collectively up to the task of decentralizing the power structure in the House and wholly changing the culture that throttles us instead of empowers us.”

[…]

Slawson, a 47-year-old attorney, is in her second term serving in the lower chamber. She joins state Rep. Tom Oliverson, R-Cypress, who was the first to announce a challenge to Phelan. Oliverson, also a former Phelan ally, responded positively to Slawson’s announcement.

“I welcome another reformer into the race for Speaker of the Texas House and applaud [Slawson] for her honest appraisal of the status quo, and optimism for the future,” Oliverson posted on social media. “The movement is growing!”

Slawson ranks among the House’s most conservative members. She is perhaps best known as the lead sponsor of Texas’ 2021 law, known colloquially as the “heartbeat bill,” that banned most abortions after the sixth week of pregnancy, before many patients know they are pregnant. It also opened the door for almost any private citizen to sue abortion providers.

The bill, enacted before the U.S. Supreme Court overturned Roe v. Wade, banned the procedure once an ultrasound could detect what lawmakers defined as a fetal “heartbeat” — a term medical and legal experts say is misleading because embryos don’t possess a heart at that developmental stage.

Slawson was one of 23 House Republicans who voted against Paxton’s impeachment — distinguishing her from Oliverson, who missed the vote, and Phelan, who backed the effort. The move has caused Phelan more heartburn than any other over the last year, making him a top target of Paxton and his allies, including former President Donald Trump.

Slawson also is a proponent of private school vouchers, having voted against an amendment last fall that stripped a voucher program from a broader education funding bill. She is one of 20 House Republicans who last year voted against impeachment and for school vouchers; of the 17 who sought reelection, all won their primaries.

See here for some background. Look, all of these people suck. You would need very sophisticated instruments to be able to determine which one sucks the most. Perhaps you’ve heard me say this before, but there’s only one way out of this mess, and that’s to start winning more elections. This year would be a good time to get on that.

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Houston janitors win new contract

Good for them.

Houston janitors agreed Saturday to ratify a new union contract with building contractors that will see wages for full-time workers reach $15.

Full-time janitors will see their wages increase to at least $15 during the course of the four-year contract. Janitors with more than five years of experience will earn $15.50 by the end of the contract.

Part-time workers will see their wages increase to a minimum of $14.10 an hour.

“These janitors have not seen this type of victory since they organized in 2006,” Service Employees International UnionTexas President Elsa Flores said. “Obviously, they love every contract that they’ve gotten. They know that you know they got as much as they could get. But let’s recognize that this time around, they were able to get significant improvements on the wages.”

Wages will increase by 20% for part-time workers and 16-17% for full-time workers.

SEIU representatives came to a tentative deal Thursday night, one day before its two-year contract was set to expire.

As part of the deal, janitors will also receive an extra floating holiday and 70% of the janitors will have at least a 25-hour workweek by the end of the contract instead of the current 30%.

[…]

Houston janitors have gone on strike twice in 2006 and 2012. Flores said the difference from 12 years ago compared to now is that more people see the value of workers like janitors, which puts more pressure on the contractors.

See here and here for more on those previous strikes, and here for a CityCast Houston interview with Elsa Flores, the President of SEIU Texas. I would certainly hope that people are more likely to see the value of the janitors. Certainly if you work in an office building, you should know. I’m glad they were able to resolve this and get a good deal without a strike. Houston Public Media has more.

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Weekend link dump for June 2

For no particular reason, you should watch this video. You’re welcome.

Sure has been a rough couple of years for ol’ Rudy Giuliani. That sound you hear is my heart breaking for him.

“But regardless of how swiftly Trump and his team backtracked on the remarks, the idea of restricting or even banning contraceptives is not a new platform for Republicans.”

“But did I find the answer I sought: why Lehrer gave it all up? I am not sure. What I can tell you is that Tom Lehrer is a prodigiously talented man who has no interest at all in money for its own sake, or in money to wield power. He wants enough to be comfortable and to do the few things he wants to do, and he has that.

“The viewers may not like it, but they’ll accept it.”

“The Live Nation lawsuit carries on this approach. The feds lament the way Ticketmaster, by far the biggest player in concert ticketing, piles costs that “far exceed fees in comparable parts of the world” onto concertgoers’ laps. But the suit is really about an ecosystem, about how Live Nation’s control of a ticketing giant contributes to its control of venues and event promotion and worsens the whole enterprise. Artists have less freedom to promote their work as they see fit and perform in ideal venues. Promoters miss out on lots of business if they don’t play by Live Nation’s rules. And concert venues are at risk of not getting good acts if they don’t work within a ticketing system that (for one thing) sucks and (for another) may not enable them to maximize their revenue and keep their patrons happy.”

“Meet the guy who single-handedly took down North Korea’s Internet.” That’s a podcast episode, the article it’s based on is here.

“‘We’re Here’ Needs To Be Here More Than Ever”.

“The fact that so many shows could jump between limited/anthology and either drama or comedy (and have!) makes me wonder: Have we moved past the point of “limited” making sense as a category? Remember when “miniseries” used to be a particular kind of longform? Now, we’re just putting more TV shows in the limited category when they could just as well be in the drama field.”

“For Industrial Emissions, These Bricks May Be a Game Changer. Yes, Bricks.”

“You can disagree on foreign policy, domestic policy, economic policy — take your pick. But I think the most important thing in this election is health and health care — and under another Trump administration it will get more expensive and less accessible, especially for those at the margins. It’s not being discussed enough.”

RIP, Caleb Carr, novelist best known for The Alienist.

RIP, Johnny Wactor, actor best known for General Hospital.

RIP, Dog Ingle, lead singer and co-founder of Iron Butterfly, best known for the song “In-a-Gadda-Da-Vita”, which he co-wrote.

RIP, Bill Walton, basketball Hall of Famer, two-time NCAA champion, two-time NBA champion, longtime broadcaster, general free spirit. People had some strong feelings about him as a broadcaster but I liked him, especially later in his career when he’d sit in on a non-basketball game and just be goofy. He was one of a kind and he’ll be missed.

“Ángel Hernández, the polarizing veteran umpire who has drawn the wrath and exasperation from players, managers and fans alike over three decades, is retiring from Major League Baseball”.

RIP, C. Gordon Bell, engineer and inventor of the minicomputer, which was a bridge between the mainframes of the past and the modern personal computer.

Ugh, Richard Dreyfuss. Well, now we all know to avoid any events he’s at in the future.

“So I’d strongly disagree that the right and left are in comparable positions. Moreover, the idea that they *are* roughly equivalent seems to be a deliberate smokescreen by partisans to hide the real story, which is one of the unprecedented radicalization of the right in service of a minoritarian political project.”

Greenland has applied to become a member of CONCACAF, the governing body for soccer in North and Central America and the Caribbean, the Football Association of Greenland said on Tuesday.” This is slightly complicated by the fact that Greenland is technically a part of Denmark, but it’s not been allowed into UEFA. I’m rooting for CONCACAF to take them here.

Everything you wanted to know about Negro Leagues statistics being incorporated into the official MLB statistical database.

“What’s really going on here is that conservative Christians are treating [Taylor] Swift the same way they’ve been treating female [Contemporary Christian Music] pop stars since the 1970s.”

“Some people just want to be in that Fox News rage spiral. They’re riding a rollercoaster of fear, paranoia, and hate. And people enjoy that. They enjoy sitting in their homes and being angry at the world. I don’t understand that mentality at all. But that’s what Fox provides them.”

“In closing, normal, reasonable people—obviously not Democratic senators or any other American who has dared to question Alito’s ability to be impartial—can see this is totes no big so screw you.”

I question the classification of Shōgun as “Dad TV”. Sure, I loved it, it was a beautifully written and acted and filmed production. Calling it “Dad TV” strikes me as saying it’s a niche product, which I would dispute. (The others listed, fine. Ironically, none of them appeal to me.) I think Shōgun had broad appeal, which to be sure includes the dad contingent. I’m just quibbling with the label. Your mileage may vary.

RIP, Marian Robinson, mother of Michelle Obama.

Resign, Alito. Democrats, don’t take No for an answer.

“Because he won’t withdraw from the race, Democrats and the rest of us should follow the logic of his conviction wherever it leads. Trump should be denied classified candidate briefings, just as felons are disqualified from classified clearance. Trump should be denied the right to vote in his home state of Florida, and if Ron DeSantis and Florida Republicans try to create a special exception for him, Democrats should challenge it. They should feel free to demand he be punished to the full extent of the law.”

“Here’s a dirty baker’s dozen of Trump pals, all of whom have been convicted or pleaded guilty to a felony charge. Any of them should be happy to commensurate with Trump over his conviction. That is, if they’re out of jail. And if they’re allowed to associate with felons.”

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County Clerk announcement on HCAD runoff early voting

From the inbox:

Harris County Clerk Teneshia Hudspeth announces that early voting for the June 15 Uniform Runoff Election begins on Monday, June 3, and runs through Tuesday, June 11. During early voting, 26 vote centers will open from 7 a.m. to 7 p.m. Monday through Tuesday, except Sunday noon to 7 p.m. On Election Day, Saturday, June 15, vote centers will be open from 7 a.m. to 7 p.m.

In two of the three Harris Central Appraisal District (HCAD) Board of Directors contests on the May 4 Uniform Election ballot, no candidate received the required fifty percent plus one vote to win. As a result, the June 15 Uniform Runoff Election will feature the top two candidates from the May 4 Uniform Election for HCAD Board of Directors, Place 2 and Place 3.

“The Harris Central Appraisal District is the largest appraisal district in Texas and one of the largest appraisal districts in the United States,” said Clerk Hudspeth, the county’s chief election official. “If you own property in Harris County, this election will impact you.”

Although the HCAD Board of Directors is not directly responsible for assessing property values, the newly elected members will have significant administrative responsibilities. Their role includes hiring the chief appraiser, appointing members to the appraisal review board, setting the district’s budget, and communicating with external stakeholders. The winner of each contest will assume office on July 1, 2024, and serve until December 31, 2026.

“Every election is important, and I hope Harris County voters keep up the vote during the June 15 Runoff Election,” added Clerk Hudspeth. “Even if you did not vote in the May 4 Uniform Election, you still have an opportunity to ensure your voice is represented.”

The following forms of photo ID are acceptable when voting in person:

  • Texas Driver’s License issued by the Texas Department of Public Safety (DPS)
  • Texas Election Identification Certificate issued by DPS
  • Texas Personal Identification Card issued by DPS
  • Texas Handgun License issued by DPS
  • United States Military Identification Card containing the person’s photograph
  • United States Citizenship Certificate containing the person’s photograph
  • United States Passport (book or card)

Voters who do not possess and cannot obtain one of the approved forms of photo ID may fill out a Reasonable Impediment Declaration (RID) at a Vote Center and present another form of ID, such as a utility bill, bank statement, government check, or voter registration certificate.

Additional election information is available on www.HarrisVotes.com. For news and updates on social media, follow @HarrisVotes.

I’m doing this again because I know how weird this all is. We’re really not used to voting in June around here, but that’s what we’re doing. Note where those 26 vote centers are, this is not an election where you can just assume you’re a few minutes away from a polling location. Turnout is going to be abominably low, probably around one percent, so at least wherever you go there won’t be a line. Cast your votes for Melissa Noriega and Pelumi Adeleke and tell everyone you know to do the same.

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HISD asks for $4.4 billion in bonds

That sure is a lot.

Houston ISD unveiled a $4.4 billion bond proposal, the largest in HISD history and likely the largest package any Texas school district has taken to voters.

Much of the bond, $2.05 billion, would go to school upgrades. The district defined this as rebuilding, renovating and modernizing facilities. The district identified more than 40 campuses with “urgent facility needs.”

The district would invest $1.35 billion into making “safe and healthy campuses,” which would include updating HVAC systems, securing campuses, and testing whether school grounds, air, water and buildings meet environmental standards, according to materials distributed at the district’s first public meeting about the bond Thursday night.

And $1 billion would go to career and technical education, early childhood education and district technology investments. Improving district technology includes securing student data, expanding broadband access, and accessing AI, according to a district meeting handout.

The district said it intends to fund the bond without raising the tax rate.

[…]

Because a dozen years have passed without maintenance and repairs, the district identified roughly $10 billion in overdue upgrades, according to a May 22 press release. The district announced that day 28 members of a Community Advisory Committee that will host five public meetings on the bond over the next few weeks. The committee includes parents, educators, community advocates and elected trustees.

Former HISD board president Judith Cruz, former Democratic state Rep. Garnet Coleman, and retired president of H-E-B Scott McClelland will serve as committee co-chairs.

The committee’s in-person meetings will be at 6 p.m. June 4 at Fondren Middle School, 6 p.m. June 5 at Fleming Middle School and 6 p.m. June 10 at Forest Brook Middle School. The bond committee will also hold a virtual meeting at 10 a.m. Saturday. Community members can share feedback in small group workshops and learn about the district’s facility needs at the meetings.

See here and here for a bit of background. I absolutely agree that a bond of at least this size is needed. I think the Community Advisory Committee has some quality people on it. And I think HISD is going to have a rough time getting this approved.

Leaders of Houston’s NAACP branch spoke out Thursday against the more than $4 billion bond that state-appointed HISD leaders are expected to ask voters to approve and repeated their calls for state and federal investigations into possible wrongdoing in the district.

“We all agree that the present chaotic conditions and structure of apartheid at HISD disqualifies them to seek a bond proposal in the upcoming election cycle,” Houston NAACP President James Dixon II said at a press conference. “Presently, HISD is a graphic demonstration of taxation without representation.”

U.S. Rep. Al Green and the NAACP Houston Branch on Thursday called for a federal investigation after Spectrum News reported that a charter school network funded by now-Superintendent Mike Miles moved funds from Texas public charter schools to Colorado campuses.

[…]

The Houston branch of the historic Black civil rights organization hosted a Thursday press conference, joined by state elected officials, teachers union leaders, community leaders including Ruth Kravetz of Community Voices for Public Education, and Daniel Saenz of LULAC Council 60, part of the national Latino civil rights organization.

Dixon said the Texas Education Agency is failing Houston children and called on the public to act now. Dixon supported U.S. representatives’ calls for a federal investigation.

The press conference comes ahead of the district’s first public meeting Thursday about an proposed school bond. The district last week gave the bond’s approximate amount between $4 billion and $5 billion, and it said that the bond will be largely devoted to upgrading the district’s aging campuses.

But community leaders are upset with the lack of transparency among state-appointed leaders of HISD.

“And finally there is no bond. There is no bond as long as we have a rubber stamp Board of Managers at HISD with no accountability to the community,” State Rep. Ron Reynolds, a Democrat from Missouri City, said.

See here and here for the background on that charter school allegation. I haven’t seen any further news on it, which may mean there’s nothing more to be found or may mean that further news will require more digging. There’s one obvious way to get people on board with the bond proposal, and that involves Mike Miles and a U-Haul truck. Failing that – and let’s be honest, that’s not going to happen – we’ll just have to see. Even the idea of negotiating over this means having to be willing to walk away from the table and vote against the bond, which is a very big position to take and one that wouldn’t clearly hurt anyone but the students and teachers. I feel deeply strange about not being fully supportive of this bond, but we live in deeply strange times. Doing interviews for this one is going to be quite the experience.

Posted in Election 2024, School days | Tagged , , , , , , , , , , , , , , , , , , | 7 Comments

Here’s your state flood plan

We have a lot of people living in flood-prone areas. That’s not going away.

More than 5 million Texans, or one in six people in the state, live or work in an area susceptible to flooding, according to a draft of the state’s first-ever flood plan.

The plan by the Texas Water Development Board is an effort to reduce the risk for those people by recommending solutions to harden Texas against floods and rising sea levels. The board was required to create the plan in a 2019 state law passed in response to Hurricane Harvey.

The public can make comments on the plan during a May 30 meeting in Austin and have until June 17 to submit comments online.

The plan, released in early May, estimates that close to 1.3 million Texas homes are in flood-prone areas.

Sarah Kirkle, the director of policy and legislative affairs for the Texas Water Conservation Association, which represents water professionals including water districts, water authorities and groundwater conservation districts, said the plan is significant because it gives the most complete picture yet of which areas of the state are most at risk for flooding.

The plan used existing flood data to create the maps that served as a baseline, but many state regions either didn’t have flood maps, or used outdated maps.

Local water managers filled the gaps with their knowledge and the TWDB contracted flood risk modeling data company Fathom to help.

“When the plan is approved, it’s going to be a historic moment for Texas,” Kirkle said. “This will be a really critical piece in understanding the topography and where you have higher and lower elevations in order to properly plan for which parts of the state are going to be subject to the risk.”

Climate change is increasing flood risks in Texas, bringing warmer temperatures that cause more water to evaporate from the land and oceans, leading to heavier rainfall. Climate change also intensifies hurricanes and sea level rise — all of which may cause river floods to become larger and more frequent.

[…]

Cyrus Reed, conservation director for the Lone Star Chapter of the Sierra Club, said the plan is an impressive effort, but does have some limitations.

He said the modeling used for the plan to predict how often floods can occur is outdated and looks at historic climate variability as opposed to future climate variables.

“What we thought was a one in 100 chance of flood, or one in 500, they may be much more frequent than we were thinking because the climate is changing,” he said.

It’s a 267-page document, if you’re in need of a little light reading. The Trib story does a good job summarizing the effort and its challenges, so maybe read that instead. As noted you have until June 17 to submit a comment. The final doc will be presented to the Lege in September.

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SCOTx upholds abortion ban in Zurawski lawsuit

I don’t know if the Supreme Court intended to bury the news of this stinker of a ruling on a Friday, but boy howdy if that was their intent did they ever pick the right Friday to do it on.

The Texas Supreme Court has unanimously rejected the most significant challenge to Texas’ new abortion laws yet, ruling Friday that the medical exceptions in the law were broad enough to withstand constitutional challenge.

The case, Zurawski v. Texas, started with five women arguing the state’s near-total abortion laws stopped them from getting medical care for their complicated pregnancies. In the year plus it took to move through the court system, the case has grown to include 20 women and two doctors.

In August, a Travis County judge issued a temporary injunction that allowed Texans with complicated pregnancies to get an abortion if their doctor made a “good faith judgment” that it was necessary. The Texas Office of the Attorney General appealed.

The Texas Supreme Court overturned that ruling Friday, saying it “departed from the law as written without constitutional justification.” While the opinion was unanimous, Justice Brett Busby issued a concurring opinion that left the door open to a broader challenge to the law.

Zurawski v. Texas was a pioneering case in post-Roe America, the first challenge to a state’s abortion bans on behalf of women with complicated pregnancies. At least three other states have followed suit, and it led to a related case, in which Kate Cox, an actively pregnant woman in Dallas sued to be allowed to terminate her pregnancy.

The Texas Supreme Court rejected Cox’s plea in December, which many saw as a likely foreshadow of how the court might rule in Zurawski v. Texas. On Friday, those suspicions were confirmed when the court offered a ruling very similar in nature to the Cox case.

“A physician who tells a patient, ‘Your life is threatened by a complication that has arisen during your pregnancy, and you may die, or there is a serious risk you will suffer substantial physical impairment unless an abortion is performed,’ and in the same breath states ‘but the law won’t allow me to provide an abortion in these circumstances’ is simply wrong in that legal assessment,” the court wrote.

[…]

For the first time since before Roe v. Wade, a judge intervened to allow a competent adult woman to terminate her pregnancy.

“The idea that Ms. Cox wants desperately to be a parent, and this law might actually cause her to lose that ability is shocking and would be a genuine miscarriage of justice,” state District Judge Maya Guerra Gamble.

Paxton appealed that ruling to the Texas Supreme Court, which put it on hold. He also sent letters to Houston area hospitals threatening them with legal action if they allowed Dr. Damla Karsan, Cox’s OB/GYN, to perform an abortion at their facility.

While the court deliberated, Cox’s condition deteriorated to the point that she needed to travel out-of-state to get an abortion, her lawyers said.

The court ultimately rejected Cox’s request for an abortion, ruling that while “any parents would be devastated to learn” of a fetal diagnosis like this, “some difficulties in pregnancy…even serious ones, do not pose the heightened risks to the mother the exception encompasses.”

The court did call on the Texas Medical Board to issue guidance to help doctors better understand when they can perform an abortion in the eyes of the law. That guidance, which has not yet been finalized, has been criticized for offering little reassurance and, in some cases, confusing the issue further.

In Friday’s ruling, the court ruled that only one of the 22 plaintiffs in the Zurawski suit had standing to sue — Karsan, the Houston OB/GYN who had agreed to perform Cox’s abortion.

“We conclude that the Attorney General directly threatened enforcement against Dr. Karsan in response to her stated intent to engage in what she contends is constitutionally protected activity,” the justices wrote. “A state official’s letter threatening enforcement of a specific law against a plaintiff seeking relief from such enforcement is a sufficient showing of a threat of enforcement to establish standing to sue.”

The trial court ruled in the injunction that a doctor should be allowed to perform an abortion when they deemed it necessary in their “good faith judgment.” Friday’s ruling found the trial judge overstepped, and said the way the law is written — allowing abortions based on a doctor’s “reasonable medical judgment” — is clear enough.

While the Center for Reproductive Rights raised concerns in the lawsuit that a doctor would have to defend their reasonable judgment against a panel of other doctors who might have decided differently, the court said it was actually the opposite — to bring a case against a doctor, the state would first have to “prove that no reasonable physician would have concluded” that the abortion was the right call.

In the ruling, the justices acknowledged the tragedy of these cases, but agreed with the state that the laws are clear — and it was doctors who were misinterpreting them.

“With a diagnosis based on reasonable medical judgment and the woman’s informed consent, a physician can provide an abortion confident that the law permits it,” they ruled. “Ms. Zurawski’s agonizing wait to be ill ‘enough’ for induction, her development of sepsis, and her permanent physical injury are not the results the law commands.”

The trial court also ruled that Texans should be allowed to terminate their pregnancies if the doctor has determined the fetus would not survive after birth. The supreme court rejected that argument.

“As painful as such circumstances are, that the law does not authorize abortions for diagnosed fetal conditions absent a life-threatening complication to the mother does not render it unconstitutional,” they wrote.

See here, here, and here for the basic outline of the Zurawski case; here, here, here, and here for the Cox case. The SCOTx opinion is here, the concurring opinion by Justice Lehrmann is here and by Justice Busby is here.

I’m going to keep this simple: Fucking cowards, every last one of them. They’re perfectly happy to not only let Ken Paxton freely threaten doctors and hospitals, they’re blaming the doctors for feeling threatened. They do not care at all about the women who are being harmed – it’s just not a part of their calculus. If you’re not fully invested in throwing these bums out, three at a time, you’re doing it wrong. But not just them – every Congressional and legislative election should be about this as well. And not just about the Cox and Zurawski cases, either – there are so many other examples of the law gone crazy post-Dobbs to talk about. Everyone from convicted felon Donald Trump and Ted Cruz on down needs to feel the heat. And we’re the ones that have to generate it. That’s what the next five months are about. The 19th and the Chron have more.

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Metro Chair seeks to nullify 2019 election

I’m so mad about this I’m having a hard time seeing straight.

Metro is beginning to steer in a different direction under Mayor John Whitmire and his appointed chair of the transit agency, pulling away from a planned expansion of bus rapid transit approved by voters, and moving toward increased roadwork instead.

“I’m here to let everyone know this is a new beginning. We’re not going to tolerate broken infrastructure, whether it’s our roads and streets or our drainage,” Whitmire said during the groundbreaking for a Metro project to repave all lanes of Westheimer from the 610 West Loop to downtown. “We’re going to fix Houston.”

An increased focus on road repairs is just one part of the new direction of Metro. In addition to putting off the bus rapid transit expansion, the agency appears ready to scrap plans for a bikeshare program.

When it comes to expansion of public transit, Whitmire and new Metro Board Chair Elizabeth Gonzalez Brock are placing their hopes in microtransit, such as expanded shuttle service and rideshare.

“Uber has set the standard for what transportation should look like in the future,” Brock said recently.

Whitmire’s approach to the Metropolitan Transit Agency of Harris County echoes his moves on transportation projects in Houston, where he has paused multimodal street development and narrower designs in favor of preserving more lanes for traffic.

[…]

The week before the Westheimer press conference, Metro took down the webpages for the University, Gulfton, and Inner Katy bus rapid transit projects. The trio of projects would have added 75 miles of BRT as part of the agency’s METRONext program. That program was at the center of a $3.5 billion bond election approved by 68 percent of voters in 2019.

Brock points to Whitmire’s election last November, where he took just under 65 percent of the vote, as an endorsement of the mayor’s transportation plans. The mayor nominates – and City Council approves – five members of Metro’s nine-member board.

“The public authorized (the bond), they didn’t mandate it,” Brock said. “The public expects us to be very nimble and expects us to be responsible with taxpayer dollars.”

Brock is reluctant to issue the voter-approved bonds for projects that Metro leaders see as questionable investments. If the agency does issue the bonds, she said the money would be used for public safety, infrastructure, and microtransit.

Both Whitmire and Brock said the bond election occurred before changes in technology and work habits changed Houston’s public transit needs, but microtransit programs and technology are not a new development in transit technology.

“Microtransit-type operations have been around for 10, 15 years,” Eccles said. The option was considered during planning for METRONext, he said, resulting in the agency’s current curb-to-curb shuttle service.

Brock and Metro’s interim CEO and President Tom Jasien said the BRT pages were taken down due to information they thought leaned more into the side of advocacy about the projects rather than facts.

Metro did not commit to putting the webpages back up, although an update could come soon. Brock said expanding BRT still is an option, but only if it makes sense in terms of ridership and financial viability.

“Is ridership there today? I don’t think so,” Brock said, calling ridership the all-encompassing “north star” for the new Metro board’s decision making.

See here and here for some background. The utter arrogance of that statement about the public just “authorizing” the bonds is infuriating. It’s gaslighting of the most insulting kind. I don’t know what Elizabeth Brock was doing in 2019, but I’m old enough to remember that election. Metro asked the public for their vote to authorize those bonds so they could then be used to build more rail and BRT lines. They were very explicit about it. That’s why almost 68% of the voters, over 223K people, gave them their votes. Which, if you’re going to point to Mayor Whitmire’s election results, both exceed what he got last December. By a lot in the case of the raw votes.

Jesus Christ. I’m also old enough to remember the 2003 Metro referendum, which was the first time we voted to build the Universities line. That got stopped in its literal and figurative tracks by a now-former member of Congress who decided that what he wanted was more important than what the voters wanted. When we finally got rid of that asshole in 2018, I thought maybe finally we’d get the thing we had voted for 15 years before. Never in my weirdest dreams did I think the next obstacle to this long-overdue project would be a Metro Chair. What the hell do we have to do to get what we voted for?

I can’t leave this alone either:

During Metro’s May committee meetings, staff indicated that increasing bus service in Gulfton remains a goal this summer. That is unlikely to include a commitment to the bus rapid transit line.

Whitmire and Brock took issue with the METRONext BRT projects being presented as drainage projects, with the mayor specifically saying that Gulfton does not flood.

Sandra Rodríguez, the Gulfton super neighborhood council president, disagreed, having been involved with METRONext planning since 2017.

“We do flood, and when we have heavy rains, like everywhere in Houston, we can’t get where we need to go,” Rodríguez said, citing the impact that Hurricane Harvey had on the area. She pointed out that Gulfton was one of two communities selected to help develop a citywide toolkit around sidewalk drainage, and questioned why Gulfton would be selected if the area does not flood.

“These BRT projects are street improvements, improving the infrastructure in the city of Houston,” Eccles said. “That’s what I thought we wanted Metro to be doing more of.”

The mayor, however, took it a step further following the Westheimer press conference, questioning whether Gulfton residents actually want access to an area like the Galleria.

“They’re largely undocumented immigrants. They just want basic services. They don’t want to be part of the Galleria,” Whitmire said. “You think they’re going to be welcome in the Galleria?”

The comment rankled Rodriguez.

“I don’t know who he’s been talking to in the Galleria that they don’t want people from Gulfton,” she said, pointing out that many Gulfton residents work in the Galleria as she once did. Beyond that, Gulfton residents still are consumers who shop in the Galleria.

“I really thought we were past that,” she said. “What I’m seeing, it feels like the community’s voice doesn’t matter. That all these years that we’ve invested and put into these projects and these planning efforts doesn’t matter.”

Emphasis mine. That’s just straight up racist. It’s embarrassing on many levels. And as is usually the case when the Mayor gives some “I talked to this guy who agreed with me” justification for opposing a non-car transit matter, he is at best misinformed. LINK Houston surveyed Gulfton residents in 2022 about what they wanted. Not that Mayor Whitmire has any interest, it seems. Well, at least the people who are vocally supporting the Montrose and Durham-Shepherd projects can console themselves with the knowledge that the Mayor isn’t listening to other neighborhoods, either. If you’d like to hear more about this, listen to Friday’s CityCast Houston and this week’s Good, Bad, and Ugly on Houston Matters, in which I had a few things to say.

Posted in Planes, Trains, and Automobiles | Tagged , , , , , , , , , , , , , , | 10 Comments