Website issues mostly fixed

I’m sure you noticed that the website looked funky all of a sudden for a few weeks, and now it has a different look that has brought back the right sidebar. It’s still not perfect, but it definitely looks better. Long story short, I needed to upgrade the PHP version on my site from the now-deprecated 7.4 to 8.1, and that had the effect of breaking some things because the WordPress theme I was using was no longer supported, which I did not know. After wrangling with my webhost’s support, I got PHP temporarily rolled back, which enabled me to install a new theme (hence the new look), and when that worked I re-upgraded PHP, this time with no fuss.

My webhost now provides its own WordPress install, which enables you to avoid dealing with all this technical minutiae, which I’m barely qualified to deal with. I’ve been on this host and using WordPress since before they offered that, so I’m a bit leery about doing that migration – on the one hand, it would allow me to forget about being a site admin, but I don’t know enough to know what the risks are in doing it. I’ll stay put for now and mull my options. In the meantime, thanks for your patience as we had a bit of an unexpected outage.

Posted in Administrivia | Tagged , | 9 Comments

Interview with Mario Castillo

Mario Castillo

We move on to City Council races now. This is a weird year in that only six of the sixteen Council seats are open – 2027 is gonna be crazy, y’all – with most of the fierce action in the At Large races. One of the few district Council seats that are open is in District H, where I live. While there are five total candidates in District H, there are two of interest to me, and today you will hear from Mario Castillo. Castillo has served as Chief of Staff to incumbent CM Karla Cisneros, and has done a lot more things including serving on the board of the MD Anderson YMCA, the Houston Police Department Criminal Justice Advisory Board, the Hardy/Near Northside TIRZ, and the Houston LGBTQ+ Political Caucus Board. He currently serves as the Executive Director of the nonprofit Your Houston. Here’s what we talked about:

PREVIOUSLY:
Kathy Blueford-Daniels
Dani Hernandez
Judith Cruz
Plácido Gómez

It’s district Council candidates this week, and then (mostly) At Large candidates beginning next week. The Erik Manning spreadsheet is here. My previous posts about the 2023 HISD election are here and here. My posts about the July campaign finance reports for City Council candidates are here and here.

Posted in Election 2023 | Tagged , , , , , | 6 Comments

Hervis Rogers again cleared of voting charge

What the hell, man?

Hervis Rogers

District Attorney Kim Ogg’s prosecutors quietly reviewed a voter fraud allegation against Hervis Rogers — the Houston parolee who waited six hours to vote in the February 2020 presidential primary — nearly a year after illegal voting charges against him were dismissed in Montgomery County, according to court records.

Prosecutors presented at least one count of illegal voting against Rogers to a grand jury in July to determine whether an indictment should follow, court records show. The jurors declined to indict.

The attempt to consider charging 64-year-old Rogers comes nearly a year after a similar attempt by Texas Attorney General Ken Paxton’s office to prosecute him on illegal voting charges in neighboring Montgomery County — the jurisdiction where the AG’s office chose to prosecute Rogers even though his vote was cast in Harris County. Paxton highlighted Rogers as example of voter fraud and vowed to prosecute other cases like it.

[…]

Joe Stinebaker, a spokesman for Ogg’s office, said the AG’s office referred Rogers’ case to them after the dismissal.

“We can’t just ignore something like that,” Stinebaker said. “We decided the best thing to do was to let the community decide through the grand jury process. The grand jury clearly didn’t feel there was enough evidence to justify prosecuting this gentleman.”

[…]

Amanda Peters, a South Texas College of Law professor and former Harris County prosecutor, floated the possibility that Harris County prosecutors were pressured to consider the case. Bringing a bad case to a grand jury is sometimes a reliable way to end it, she said.

“Did she do this to pass the buck?” Peters said. “The grand jury can be your friend in the sense of not taking charges — you’re absolved.”

Grand juries are required to review all felony charges but for investigations where defendants have not yet been charged, prosecutors aren’t required to bring the case before them, said Sandra Guerra Thompson, a law professor at the University of Houston.

“I think, sometimes, the grand jury is an effort to have political accountability,” Thompson said. “District attorneys in Texas are elected, they answer to the public. If there’s enough public interest in a matter, especially if it’s being sent to them from a state agency, there may be a feeling that we need more transparency in a decision. It can be taken to a grand jury to have that additional community input.”

The grand jury’s decision at the downtown Houston courthouse went unnoticed by Rogers and a team of lawyers, including some with the ACLU of Texas, who represented him in the Montgomery County case. One of the lawyers, Nicole DeBorde Hochglaube, expressed shock Thursday after learning that the grand jury considered the case.

“I knew nothing about it,” DeBorde Hochglaube said.

See here and here for the background. I will certainly understand anyone who wants to be mad at Kim Ogg over this. One can absolutely argue that at the least her office should have notified Hervis Rogers’ attorney. That said, if her plan was basically just to make this go away, then following this course of action was probably her best bet. Not that she would ever be able to confirm that – one simply does not admit to half-assing a grand jury – but you can see it that way. I speculate, you decide. However you do see it, remember that the real villain here is Ken Paxton, who took this to Montgomery County in the first place because he thought it was his best chance to attack Hervis Rogers. I hope Hervis Rogers gets a lot of pleasure out of the impeachment trial and the various other legal matters involving Paxton that will follow. He deserves at least that much.

Posted in Crime and Punishment, Election 2020 | Tagged , , , , , , , , , , , , | 1 Comment

State goes eminent domain on Fairfield Lake

We knew this was coming.

In a new attempt to save Fairfield Lake State Park, the Texas Parks and Wildlife Department filed a petition to condemn and seize the 5,000-acre property south of Dallas through eminent domain.

The petition was filed in Freestone County District Court Friday morning, after months of unsuccessful negotiations with Dallas-based developer Todd Interests, which plans to turn the former park into a high-end gated subdivision.

The Texas Parks and Wildlife Department wrote in an email that this step was “necessary to pursue acquisition at fair market value to preserve Fairfield Lake State Park and Fairfield Lake for all Texans.”

A spokesperson for Todd Interests said Shawn Todd, the company’s CEO, was unavailable to comment. In a previous interview, Todd said his company purchased the land legally and he is not selling.

[…]

The department commissioners voted in June to allow the agency to condemn the property, but the agency held off doing so hoping that Todd Interests would agree to sell the land.

The department made two attempts, as required by Texas law, to buy back the park for $103 million, according to documents obtained by The Texas Tribune. Todd Interests denied both offers for the same amount.

The state Legislature appropriated $125 million earlier this year to the department for statewide park acquisitions.

A state appraiser concluded total compensation for the park was valued at $85 million, but the department said in the offer letter that they were willing to offer more than what was concluded in the appraisal report. Todd Interests bought the property for $103 million.

Since the developer’s acquisition, the company has begun construction by building roads at the former park and spending about $1 million a month on construction.

Now that the petition has been filed, the county’s district court judge will need to appoint a panel of local landowners tasked with setting a fair market value for the property. Those landowners will hold a hearing to take testimony on fair market value from witnesses.

If the state pays that amount for the land, it can take immediate possession of the former park. If either party appeals the valuation, then the court conducts a civil trial.

See here, here, and here for the background. I don’t quite understand the difference between the state’s appraisal of the land and what Todd Interests paid for it. Sure, they may have overpaid, but they clearly believe that the investment is worth it if they did. The state wound up offering their purchase price for the land, which at least wasn’t as insulting as offering the appraised price would have been, but even if Todd Interests hadn’t started with construction, there’s just no way that would have been an acceptable price. I don’t know how long this process will take – it could be years if the appeals process drags out, but then Todd Interests is also spending a ton on legal fees they may not get back – and I don’t know where the price will end up – it could be right around the $103 million the state offered – but I would say that the quickest resolution is likely to be making Todd Interests a bigger offer. Between the Governor’s discretionary fund and the upcoming (stupid) special session on vouchers, it would be easy enough to make up the difference from what was appropriated in the regular session. The alternate is to fight it out in court and see who cries “Uncle” first. Strap in, ’cause here we go.

Posted in Legal matters, The great state of Texas | Tagged , , , , , , , , , | 1 Comment

LA to sue Abbott over migrant busing

Go for it.

Los Angeles is preparing to sue Texas over Gov. Greg Abbott’s migrant busing program, which has sent more than 400 people there.

On Wednesday, the Los Angeles City Council voted unanimously to investigate whether there are legal charges they can pursue against Texas, with one member asking if the city could look into Abbott’s program constituting kidnapping.

Abbott has already sent 11 buses to the city since June and won’t stop until the city takes legal action, said Los Angeles City Council member Kevin De León.

“He’s just going to continue to do it because he has no incentive at all whatsoever until there is legal teeth put to this,” De León said just before the city council voted unanimously to pursue legal action.

Councilmember Hugo Soto-Martinez said earlier that the city has to investigate whether “Gov. Greg Abbott committed kidnapping, human trafficking or any other crimes when he sent vulnerable families on a 23-hour bus ride with little or no food or water.”

Soto-Martinez and others specifically pointed to Abbott sending a busload of migrants to Los Angeles as Hurricane Hilary was hitting Southern California.

The vote directs Los Angeles City Attorney Hydee Feldstein Soto to investigate and begin proceedings on potential civil legal action that could be taken against Texas.

[…]

The move to sue Abbott comes weeks after Illinois officials reported that a child who boarded one of the buses in Brownsville died while headed to Chicago. Texas officials later confirmed the death but said the child’s temperature was taken when her family boarded the bus.

Abbott is already facing a federal lawsuit after the U.S. Department of Justice accused him of violating federal law by placing a buoy barrier in the Rio Grande without permission from the U.S. Army Corp of Engineers. A judge in that case is expected to rule any day on an emergency injunction that would require Abbott to remove the barriers within 10 days.

Soto-Martinez, the Los Angeles City Council member who led the debate on Wednesday, said the cruelty of the border policies from Republican governors has gone too far.

The competition among them “is just an utter failure and shows clearly that they do not have any intention to govern effectively,” Soto-Martinez said.

His comments come after Florida Gov. Ron DeSantis, who is running for president, said he wants to allow U.S. officials to shoot and kill people they suspect are smugglers who attempt to damage border walls or fences. And last summer, DeSantis followed Abbott’s lead and gathered a group of Venezuelan migrants in San Antonio and sent them to Martha’s Vineyard in Massachusetts.

The district attorney for Martha’s Vineyard has joined Bexar County Sheriff Javier Salazar in calling on the Justice Department to investigate last September’s migrant flights organized by DeSantis.

See here and here for more on the calls for a Justice Department investigation. The Bexar County Sheriff’s Office has already filed some charges over the first migrant flight from San Antonio to Martha’s Vineyard, which was arranged by Ron DeSantis. I’ll be honest, I have no idea what might get these clowns to stop doing what they’re doing. To a point, one can see Abbott’s perspective on the matter of asylum seekers arriving in large numbers in Texas, which does put a strain on the resources of border towns, but we’re miles past having any patience for his response to that, which is bottomlessly cruel and only makes the situation worse.

Even if there were a reasonable bipartisan compromise bill of some kind for immigration, border security, asylum, the whole nine yards, Abbott and the shrieking howler monkeys of the Texas GOP would do everything they could to stop it, including filing a lawsuit with one of their pet judges to put a nationwide injunction on it. He’s doing what he’s doing because it works for him politically. I’m in favor of anything that might throw some sand in his gears, but other than finally voting him out I don’t know what can be done from a big picture perspective. The Current has more.

Posted in La Migra, Legal matters | Tagged , , , , , , , , , , , , , , , , | Comments Off on LA to sue Abbott over migrant busing

ACC goes Pacific

Welp.

The Atlantic Coast Conference is expanding from its Eastern roots.

The ACC presidents and chancellors met Friday morning and voted to add three schools — Stanford, Cal and SMU, the conference announced. It will bring the league to 18 members — 17 will play football full time in the league. The additions are in all sports and will begin in the 2024-25 school year.

The moves have been the subject of much drama the past month, as commissioner Jim Phillips worked diligently to appease a group of members eager to add the schools and others seeking more revenue. The protracted process ultimately ended with the ACC growing amid a backdrop that brought to light some of the fundamental tensions within the league.

“We are thrilled to welcome three world-class institutions to the ACC, and we look forward to having them compete as part of our amazing league,” Phillips said in a statement. “Throughout the evaluation process, the ACC Board of Directors, led by [University of Virginia] President [James] Ryan, was deliberate in prioritizing the best possible athletic and academic experience for our student-athletes and in ensuring that the three universities would strengthen the league in all possible ways. Cal, SMU and Stanford will be terrific members of the ACC and we are proud to welcome their student-athletes, coaches, staff and entire campus community, alumni and fans.”

The move unfolded in an atypical process, as votes in league matters usually are cast as unanimous and are simply a formality when the presidents meet to decide. The ACC needed 12 of 15 votes. Heading into the meeting Friday morning, it was uncertain whether the league had votes, a significant variance from how conference expansion typically works.

In a straw poll more than three weeks ago, four ACC schools dissented — Clemson, Florida State, North Carolina and NC State. One of them needed to flip for the vote to pass, and all eyes were on NC State chancellor Randy Woodson going into the meeting.

It was a 12-3 vote Friday with NC State flipping, sources confirmed to ESPN’s Andrea Adelson.

[…]

The ACC joins the ranks of a rapidly changing collegiate landscape. Starting next year, the Big Ten will have 18 teams and the Big 12 and SEC will have 16. The move leaves the Pac-12 with just two remaining programs, Washington State and Oregon State, a continued spiral that has included the league losing eight teams since late July.

“We are confident that the ACC and its constituent institutions are an excellent match for our university and will provide an elite competitive context for our student-athletes in this changing landscape of intercollegiate athletics,” University of California-Berkeley chancellor Carol Christ said in a statement.

Cal, Stanford and SMU will come at a significant discount, which will help create a revenue pool to be shared among ACC members. SMU is expected to come in for nine years with no broadcast media revenue, sources told ESPN, and Cal and Stanford will each start out receiving just a 30% share of ACC payouts.

That money being withheld is expected to create an annual pot of revenue between $50 million and $60 million. Some of the revenue will be divided proportionally among the 14 full-time members and Notre Dame, and another portion will be put in a pool designated for success initiatives that rewards programs that win.

For Stanford and Cal, it will be 30% of a whole ACC share for the next seven years. That number will jump to 70% in Year 8, 75% in Year 9 and then full financial shares in the 10th year, per sources.

The move delivers a life preserver to the athletic departments at Stanford and Cal, which were left twisting amid the Pac-12’s implosion. Stanford has an athletic department that is considered the gold standard in college athletics. Both will face increased travel costs, which will significantly impact a Cal athletic department that faces hundreds of millions in debt.

“Student-athletes come to Stanford to pursue their highest academic and athletic potential, and joining the ACC gives us the ability to continue offering them that opportunity at a national level,” Stanford president Richard P. Saller said in a statement.

For SMU, the decision to forgo television revenue gave it a seat in a major conference, and the school will lean on its wealthy boosters to help it stay afloat until revenue comes in. It marks a significant moment for the school’s climb back from the death penalty for major infractions that led to the school not playing football in 1987 and 1988. SMU didn’t return to a bowl until 2009 after the penalties.

See here and here for the background. Gotta hand it to SMU, they must have really wanted this to forego all that revenue. Hope it works out for them. It’s nearly impossible to imagine that we’ll be in anything like the same collegiate configuration we’re in today by the time SMU gets to collect some broadcast media money, but who knows. Maybe the steam is finally running out. Those of you who think of the ACC as an elite basketball conference may have to rethink that; I mean, the scheduling for that season is going to be a nightmare. It’s football’s world, we’re just living in it.

As for Oregon State and Washington State, the two schools that will get to turn out the lights on the PAC-12, they will most likely end up in the Mountain West after the American Athletic Conference decided against westward expansion. I expect the AAC to do something, and we’ll see when the MWC makes their move. Then maybe we can just watch some games for awhile. That would be nice.

Posted in Other sports | Tagged , , , , , , , , , , , , , | Comments Off on ACC goes Pacific

Weekend link dump for September 3

A quick reference guide to all of the 2020 election-related indictments in Fulton County, Georgia.

“Texas Says a Fetus Is a Child, Except When a Parent Sues a Negligent Doctor or State Official”. See also this Andrea Grimes piece from the week before.

How Much Money Does Max Save by Removing 87 Titles from Its Platform?”

“Washington D.C. Attorney General Brian Schwalb is investigating judicial activist Leonard Leo and his network of nonprofit groups, according to a person with direct knowledge of the probe.” Good!

“And so now, 51 years later, I am reassessing Three Dog Night’s last No. 1 song. Yes, its hippie-dippy, kumbaya vision of “different colored children holding hands” still seems inadequate and shallow and sentimental. But given that even this fuzzily minimal idea is “traumatizing” for white Republicans and white “Christian conservatives” it starts to sound almost radical and necessary.”

RIP, Arleen Sorkin, actor best known as the original voice of the DC Comics character Harley Quinn.

RIP, Mille Thompson Williams, first woman elected to serve as second chief of the Alabama-Coushatta Tribe of Texas.

“While unethical, the behavior is typical for Fox News. The outlet often breaks traditional news ethics and traffics in dishonest reporting and commentary.”

“Medically speaking, the scenario is dubious.”

“They thought that I was overly critical of law enforcement and didn’t do anything against ‘real criminals,’. Apparently there’s a difference between citizens who commit crimes and cops who commit crimes.”

Do you suffer from Model Autophagy Disorder? Ask your doctor if Vitameatavegamin is right for you.

“Insiders who spoke to TheWrap offered a variety of scenarios on how quickly filming could pick back up — all depending on just how long it takes for any resolution to Hollywood’s historic double strike to emerge. Many pointed to September as a crucial deadline for deals with the Writers Guild of America and SAG-AFTRA to get done so new and returning scripted shows can produce even truncated seasons that could premiere early next year.”

I dunno, when the Pope says that your flavor of Catholicism is too conservative to be in alignment with church doctrine, maybe you should pause and reflect a bit?

“Veterans discharged under ‘Don’t Ask, Don’t Tell’ are still fighting for justice — and benefits”.

Lock him up.

“BMI will consider any performance of the Eminem Works by the Vivek 2024 campaign from this date forward to be a material breach of the Agreement for which BMI reserves all rights and remedies with respect thereto.”

RIP, Pat Corrales, former MLB player, coach, and manager, first manager of Mexican-American descent.

Disbar him. And then lock him up.

“Buchanan and his supporters wanted, at a minimum, to stop the leftward drift that they believed was happening in the United States on social issues. If not push the country in a more conservative direction. Well, I’ve looked at the data from the General Social Survey and it’s clear to me that Christian conservatives failed miserably in this endeavor. On every single social issue, the average American is more liberal today than they were just two decades ago.”

Bankrupt him. And then disbar him, and then lock him up.

“Because Rubiales and RFEF were too blinded by their own egos and machismo to treat the players right, support their historic win in an appropriate fashion, and, barring that, admit wrongdoing and accept proper consequences, they ended up proving exactly what they were so eager to deny. Their entire response was a catastrophic miscalculation of the power balance between Spain’s soccer governing body and the players—a balance that has been shifting in athletic organizations all over the world in recent years.”

“Who would have ever thought that you could celebrate Valentine’s Day, Easter, the Fourth of July or even Christmas with a giant skeleton?” I think that question answers itself.

I am not saying that Brian Kemp is a good governor or even a good person, but he has a true respect for societal and political norms, which is very much not the case in his party. Having that respect and being willing to state it out loud and in the midst of his party’s utter depravity on the issue is a Good Thing and deserves some kudos. I know, it’s a little like praising someone for not throwing trash in your yard, but this is where we are with the Republican Party.

RIP, Gil Brandt, longtime executive with the Dallas Cowboys and Pro Football Hall of Famer.

Boy, Ronald Acuña had himself a nice week.

RIP, Jimmy Buffett, singer-songwriter best known for “Margaritaville”.

RIP, Bill Richardson, two-term Democratic governor of New Mexico, American ambassador to the United Nations who also worked for years to secure the release of Americans detained by foreign adversaries, 2008 Presidential candidate.

Posted in Blog stuff | Tagged | 4 Comments

Weekend Paxton roundup

There’s still time to decorate your house for Impeachment Trial Day on Tuesday. I’m just saying.

Here’s a Who’s Who of the impeachment trial for those of you who would like a scorecard, and here’s Dan Patrick asking his patrons to please post-date their checks for after the trial, because accepting their donations while he’s acting as a judge just seems tacky. And here’s the Houston Chronicle telling us that this trial is a Serious Test for Texas Republicans.

A crook any way you look

Paxton’s potential removal carries massive political stakes for all of Texas’ Republican leaders, from Gov. Greg Abbott to Lt. Gov. Dan Patrick and House Speaker Dade Phelan. No matter what happens, the trial is set to shake up the state’s politics like few events in recent history, with aftershocks that could last for years.

“You’d have to go back to the Pa Ferguson impeachment trial (of 1917) for something that would have such a profound impact on Texas politics,” said Mark Jones, a political science professor at Rice University. “And that was in a different era where people tended to arrive, stay in office for a few years and then leave. Paxton, Abbott, Patrick, they all arrived back in 2014. This has been a long-standing group in the highest levels of power.”

[…]

His removal would give Abbott the rare opportunity to hand-pick a replacement, likely setting off intense behind-the-scenes jockeying for one of the most powerful positions in Texas. It would also strengthen Phelan’s claim on the speaker’s gavel heading into 2024, GOP strategists and political experts said, while dealing a blow to Paxton’s right-wing allies, who have promised to campaign against pro-impeachment Republicans.

An acquittal would be a black eye for Phelan, likely intensifying the blowback he’s already getting from grass-roots activists and exposing him to criticism from House Republicans, many of whom were put in a tough spot with the impeachment vote, observers said.

For Abbott, who preceded Paxton as attorney general, the chance to install a political ally in his former office would also come with pressure from Paxton supporters to choose someone with similar conservative credentials.

“They would absolutely have to be from the movement side of the party, and at least have a solid record on issues that matter (to Paxton’s base),” said Brendan Steinhauser, an Austin-based Republican political consultant.

“Because that is exactly the case that the right is making for Paxton. They’re saying, look, whatever you think about these cases, he’s a fighter, he’s represented Texas against the federal government and in all these battles that matter to us.”

Hey, remember what I said about Paxton’s alleged infidelity and how no one on the so-called “Christian” right gives a shit? This is more of that. I am more convinced than ever that the optimal result, both in civics terms and in creating maximal division on the Republican side, is a conviction, optimally by a close margin. I might even let myself fantasize about a Dem winning the 2024 special election for AG if that happens.

In the meantime, we get a couple more stories about just how venal Ken Paxton is. From the AP:

Unexplained Caribbean and European trips that cost taxpayers more than $90,000. A $600 sports coat paid for by an event organizer. A $45 office Christmas cake taken as his own.

These are among the perks that Republican Texas Attorney General Ken Paxton’s former employees say he reveled in while using his office in ways that now have him facing a federal criminal investigation and potential ouster over allegations of corruption.

[…]

But records obtained by The Associated Press, interviews with former aides and a review of thousands of legal filings reveal other ways in which Paxton allegedly reaped the benefits of being one of Texas’ most powerful figures. Together, they show how conviction and removal from office could cost Paxton not just a job but a lifestyle.

Last year, that lifestyle included more international trips than Texas’ governor and lieutenant governor made combined, and a previously unreported visit to Qatar to watch the World Cup. There are also accusations of behavior that raised eyebrows among employees at all levels of Paxton’ office, including requesting special license plates but never paying the $12.50 to acquire them.

“He always cared about what trip he was going on, who was taking him to dinner,” James Blake Brickman, one of Paxton’s former deputies, told investigators leading the impeachment in March, according to a transcript.

“He likes the perks of the office,” Brickman said.

[…]

Former employees say Paxton sometimes seized smaller opportunities to gain from office.

David Maxwell, the attorney general’s former head of law enforcement and one of eight deputies who reported him to the FBI, told investigators that Paxton once bought a $600 sports coat from a hotel store while at a conference and billed it to the event’s organizer. According to transcripts, Maxwell also said Paxton asked for specialty license plates available to state officials but never paid the nominal fee to pick them up.

”He was all about money,” said Maxwell, who is also a former Texas Ranger, the state’s elite law enforcement division. “He always had his hand out.”

Other former staff point to an even smaller gift.

Around Christmas for years, Texas grocery giant H-E-B sent a coconut-dusted cake to the attorney general’s office, which staff shared.

That changed after Paxton was elected, according to three former employees of his executive office who spoke on condition of anonymity out of fear of retaliation.

One said Paxton once told staff not to touch the cake because it was for his birthday, which is on Dec. 23. Another said Paxton once had the cake brought to a Tex-Mex restaurant for a staff lunch but never served it. The third recalled watching Paxton and an aide walk out of the office carrying the cake box.

According to required gift logs kept by Paxton’s office, the cake was worth $45.

It’s the cake story for me. The fact that someone was pissed enough to include the “coconut-dusted” descriptor is just inspired. We should all be that petty when the occasion arises.

And to close on a more serious note, there’s this.

In July 2022, Texas Attorney General Ken Paxton and his wife, state Senator Angela Paxton, took a mysterious multi-country trip to European destinations in Italy, Greece, Malta, and Albania with a protective detail from the Texas Department of Public Safety tagging along.

But the couple may have left their security behind while they traveled to the capital city of Pristina in the Republic of Kosovo on behalf of an obscure new telecom company, then known as Multiband Global, that was run by their friend James Frinzi, a longtime Texas lobbyist-turned-businessman.

There, they joined Frinzi in an official meeting with members of Kosovo’s Parliamentary Committee on Economy, Industry, Entrepreneurship and Trade, and discussed “the potential for business partnerships” for bringing new wireless network technologies like 5G to the small country, according to the company’s own press release.

While the company’s PR didn’t mention the Paxtons, their participation is memorialized in photos posted by both Multiband Global and others who attended, including parliamentary committee members. These photos show Frinzi, Angela and Ken Paxton, and three other associates sitting at a table across from Kosovar officials with mini flags of their respective countries on either side. A cell phone with a Texas flag case sat on the table between the Paxtons. Frinzi and the Paxtons also posed with members on the floor of the Kosovo Parliament chambers.

As it turns out, this PR and photo opps were only part of the Paxtons’ involvement with Frinzi after he took control of a seemingly worthless Nevada shell company called American Metals Recovery and Recycling, Inc. (AMRR), according to filings with the Securities and Exchange Commission in late 2021. He then used the company to acquire a firm he dubbed Multiband Global.

Now, Frinzi is the subject of two pending complaints in the North Texas federal bankruptcy court stemming from a case involving a bankrupt company and its subsidiaries for which he was CEO. The complaints include allegations that he breached his fiduciary duties by siphoning millions of dollars from those companies, and then used those funds to gain control of AMRR in late 2021 and soon after acquired other firms. The complaints allege these were fraudulent transfers.

As the majority shareholder, Frinzi made himself CEO and board chairman and, in late January 2022, tapped state Senator Angela Paxton to serve on the AMRR board of directors to provide connections and an air of legitimacy to what was then pitched as an exciting new telecom upstart, according to corporate filings and public statements.

Frinzi denies the allegations made against him in bankruptcy court and says the complaints have nothing to do with the Paxtons who are not parties in the litigation or named in the cases.

“The trustee’s job is to recover as much as possible, and one way he tries to do that is to unwind transactions, often by alleging fraudulent transfer claims,” Frinzi wrote in an email response to the Texas Observer’s questions. “If there was any accusation of actual fraud there would be a claim for actual fraud – there is none. I am not accused of defrauding anyone. It’s a fiduciary duty claim.”

It’s a long story and I confess I didn’t make my way through it. Maybe there’s nothing to this. I can’t imagine anyone giving either Paxton any benefit of the doubt.

UPDATE: If what you really wanted was a brief overview of the life and crimes of Ken Paxton in cartoon form, Reform Austin and Nick Anderson have you covered.

Posted in Scandalized!, That's our Lege | Tagged , , , , , , , , , , , , , , , | Comments Off on Weekend Paxton roundup

Anti-porn law blocked

We’re three for three in good legal news for the weekend.

A federal judge has struck down a Texas law requiring age verification and health warnings to view pornographic websites and blocked the state attorney general’s office from enforcing it.

In a ruling Thursday, U.S. District Judge David Ezra agreed with claims that House Bill 1181, which was signed into law by Texas Gov. Greg Abbott in June, violates free speech rights and is overbroad and vague.

The state attorney general’s office, which is defending the law, immediately filed notice of appeal to the Fifth Circuit U.S. Court of Appeals in New Orleans.

The lawsuit was filed Aug. 4 by the Free Speech Coalition, a trade association for the adult entertainment industry and a person identified as Jane Doe and described as an adult entertainer on various adult sites, including Pornhub.

Judge Ezra also said the law, which was to take effect Friday, raises privacy concerns because a permissible age verification is using a traceable government-issued identification and the government has access to and is not required to delete the data.

“People will be particularly concerned about accessing controversial speech when the state government can log and track that access,” Ezra wrote. “By verifying information through government identification, the law will allow the government to peer into the most intimate and personal aspects of people’s lives.”

Ezra said Texas has a legitimate goal of protecting children from online sexual material, but noted other measures, including blocking and filtering software, exist.

“These methods are more effective and less restrictive in terms of protecting minors from adult content,” Ezra wrote.

The judge also found the law unconstitutionally compels speech by requiring adult sites to post health warnings they dispute — that pornography is addictive, impairs mental development and increases the demand for prostitution, child exploitation and child sexual abuse images.

“The disclosures state scientific findings as a matter of fact, when in reality, they range from heavily contested to unsupported by the evidence,” Ezra wrote.

See here for the background. Looking at what I wrote then, the judge here basically agreed with me on both points, so yay me. The state is appealing, so once again I must note that The Fifth Circuit Will Do Whatever The Hell It Feels Like Doing, so celebrate responsibly. Also as noted by the story, plaintiffs have had mixed luck with similar laws around the country so far – the lawsuit against Louisiana is still pending and worth watching – so again, we’re a long way from being done with this. Unlike some of the other bad laws that got passed and are now being fought in the courts, I don’t see this one as likely to be repealed in the event of a statewide Dem takeover. It’s pretty much on the courts here. Bloomberg Law, TechCrunch, The Verge, and the Current have more.

UPDATE: A federal judge in Arkansas blocked that state’s social media age verification law shortly after Judge Hittner issued his ruling, also on First Amendment (and “this law is just crappily written”) grounds.

Posted in Legal matters | Tagged , , , , , , , | 1 Comment

Uvalde DA to present mass shooting case to grand jury

Yeah, I know, what took so long?

The Uvalde County prosecutor said she’ll present a case stemming from the Robb Elementary School massacre to a grand jury by the end of this year.

The Texas Department of Public Safety has handed the findings of is investigation of the May 24, 2022, killing of 19 students and two teachers at the Uvalde school to District Attorney Christina Mitchell earlier this summer.

“I’ve had it since July — two months,” Mitchell said of the state police agency’s case file.

She said her office is still combing through a mountain of evidence.

The case file — produced by the Texas Rangers, an arm of DPS — includes police and federal agents’ reports and supplementary documents, transcripts of interviews of witnesses and survivors and recordings from school surveillance, police car and body-worn cameras, as well as video of the 18-year-old gunman buying guns at a Uvalde gun store before his rampage.

Mitchell declined to say what her investigation is focusing on, potential targets or what evidence will go before grand jurors.

[…]

Dr. Mark Escott, the chief medical officer for DPS and the city of Austin, has been leading a panel of experts sought by the Texas Rangers to try to determine whether any of the children or teachers killed at Robb could have survived if first responders had gotten to them quicker.

Officials have said the gunman appeared to have shot most of his victims within the first few minutes of entering Robb.

Mitchell has planned to use the results of the review by Escott and other medical experts to help determine whether to charge any responding officers. However, Escott told ABC News earlier this month that he had requested medical records from Mitchell’s office last fall but had yet to receive any of them.

“It’s been months,” he told ABC News in early August. “And the most important piece of evidence are the autopsies, and I don’t have any of those.”

Mitchell declined to comment on Escott’s remarks, whether her office has given him the information, or whether he remains a go-to medical expert for the investigation.

“It’s disappointing to have a potential expert on the case discussing it in the press,” Mitchell said.

Escott did not respond to a request for comment.

Not a whole lot of actual information in that update, but here we are. There are two main points to note. One is that the main reason there has been so little disclosure of what law enforcement was and wasn’t doing during the shooting is because the official investigation into the shooting did not end in a conviction, due to what is known as the dead suspect loophole. I am assuming that at the end of this procedure we will finally begin to get some of those answers. I’m not certain of this, and there are many good reasons to be suspicious, but this is at least a step forward, after far too much time. At least we’ll see if there’s evidence to suggest that the cops on the scene screwed up enough to have cost some victims their lives.

The other thing to remember is that the people of Uvalde remain, justifiably, very very angry about this.

Uvalde Mayor Don McLaughlin called on District Attorney Christina Mitchell to resign over her handling of the Robb Elementary School shooting investigation.

McLaughlin said Monday that the city of Uvalde has waited for documents, including autopsy reports, from Mitchell’s office in order to conclude its own investigation more than 15 months after the shooting that killed 19 children and two teachers.

“Since day one, we have called for transparency from every agency that was there that day. Local, state, and federal agencies, we are all adults and need to just lay the facts on the table,” Mclaughlin said in a statement. “It’s been fifteen months since this tragedy, and I feel the families and our community deserve answers.”

McLaughlin said the city of Uvalde has sued the DA for access to the records for a second time.

“The initial lawsuit was dismissed because of the D.A. Mitchell promising to cooperate with the City,” he said. “She failed, once again, to keep her word. The city had to file suit a second time, because D.A. Mitchell continues to block the City’s investigation.”

McLaughlin is a Republican, who is also now running for the HD80 seat being vacated by longtime Dem Rep. Tracy King. It’s an excellent flip opportunity for the Republicans, and I suspect McLaughlin would have some crossover appeal just because of this issue. That will be a race to watch. I certainly wish him well in getting the data his city has demanded from DA Mitchell. Reform Austin has more.

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Drag ban blocked

Good.

Obviously a pervert

U.S. District Judge David Hittner temporarily blocked a new state law Thursday from going into effect that would have criminalized sexually-oriented performances in front of children or effectively banned some public drag shows.

LGBTQ+ groups sued the Texas attorney general’s office, hoping to stop authorities from enforcing Senate Bill 12, which was signed by Gov. Greg Abbott in June and was scheduled like most new laws to go into effect Friday.

In a two-day hearing earlier this week in Houston, a drag performer and entertainment businesses said Texas lawmakers’ effort to regulate these shows was an unconstitutional attempt to stifle their freedom of expression. Though Hittner did not issue a final order on Thursday, he found the plaintiffs’ argument compelling.

“Based on evidence and testimony presented at the hearing, the court finds there is substantial likelihood that SB 12 as drafted violated the First Amendment of the United States Constitution under one or more of the legal theories put forward by the plaintiffs,” Hittner wrote in the temporary restraining order.

Hittner said allowing the law to take effect would likely cause “irreparable harm” to the plaintiffs. He issued the restraining order to maintain the status quo of the legal landscape while preparing a final decision — the restraining order does not guarantee a permanent injunction. He said his order could come two to four weeks after the hearing.

Hittner heard testimony earlier this week from LGBTQ+ groups, businesses and a performer, which were plaintiffs in one of two lawsuits against SB 12. They argued the law trampled on their First Amendment rights to perform and organize drag shows. They described drag as a healing, expressive and political form of performance art with historical connections to LGBTQ+ people.

“If allowed to take effect, SB 12 will make our state less free, less fair, and less welcoming for every artist and performer,” said American Civil Liberties Union of Texas Attorney Brian Klosterboer in a statement following the judge’s decision. “This temporary order is a much-needed reprieve for all Texans, especially our LGBTQIA+ and transgender community, who have been relentlessly targeted by our state legislature.”

[…]

Legal challenges to similar legislation in Florida, Montana and Tennessee have successfully blocked these laws from going into effect. In June, a federal judge in Tennessee, appointed by former President Donald Trump, ruled the law is unconstitutional in its effort to suppress First Amendment-protected speech.

See here and here for some background. The TRO will last for 14 days, during which time Judge Hittner will consider whether to issue a permanent injunction, per Houston Landing. This will surely get appealed, and we know what the Fifth Circuit is capable of, but for now this is a good thing. There was a lot of lawsuit news on Thursday and Friday and I’ll be catching up on it over the weekend. The Austin Chronicle and Texas Public Radio have more.

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Book rating law blocked

Good.

A federal judge said Thursday he will stop a new Texas law aimed at keeping sexually explicit materials off of school library shelves on the eve of the law going into effect, according to state attorneys and lawyers for a group who sued over the proposal.

District Judge Alan D. Albright indicated during a hearing that he will grant a temporary injunction sought by a group of book groups and sellers, including two Texas bookstores, who sued the state over House Bill 900 in July, the group’s lawyers said in a statement. Albright will issue a written order in one to two weeks; in the meantime, the state cannot enforce the law, according to the statement.

HB 900, which was approved during this year’s regular legislative session, requires school library vendors to rate all their books and materials for appropriateness before selling them to schools based on the presence of sex depictions or references. It also requires vendors to rank materials previously sold to schools and issue a recall for those that are deemed sexually explicit and are in active use by a school.

The plaintiffs argue that the law violates their constitutional rights by targeting protected speech with its broad and vague language. The lawsuit further alleges HB 900 would force plaintiffs to comply with the government’s views, even if they do not agree with them, and that the law operates as prior restraint, which is government action that prohibits speech or other expression before the speech happens. The vendors say it is impossible for them to comply with the rating system because of the sheer volume of materials they would need to review.

[…]

“We are grateful for the court’s swift action in deciding to enjoin this law, in the process preserving the long-established rights of local communities to set their own standards; protecting the constitutionally protected speech of authors, booksellers, publishers and readers; preventing the state government from unlawfully compelling speech on the part of private citizens; and shielding Texas businesses from the imposition of impossibly onerous conditions,” the plaintiffs said in a joint statement after the hearing. “We look forward to reading the court’s full opinion once it is issued.”

See here and here for the background. This too will be appealed, and the standard “Fifth Circuit be crazy” warnings apply. I have two suggestions for you for this holiday weekend. One is to visit Austin’s BookPeople and/or Houston’s Blue Willow Bookshop if you can, as they were among the plaintiffs in this case and they’re probably in a good mood right now. The other is to make a pledge to support whoever runs against Sen. Angela Paxton and Rep. Jared Patterson, the authors of this piece of shit. Now go read a naughty book and enjoy the day off.

Posted in Books, Legal matters | Tagged , , , , , , , , , , , , , , , , , , , , , , | 1 Comment

Paxton roundup: What about Dan?

The Trib ponders how Dan Patrick is holding up under the strain of having to preside over the Ken Paxton impeachment trial.

In the Texas Senate, what Dan Patrick wants — Dan Patrick typically gets.

Widely regarded as one of Texas’ most powerful lieutenant governors ever, Patrick has embraced his reputation as a hard-charging political strategist and kingmaker, known to run roughshod over the Legislature to get his way.

But as the Republican-dominated Senate prepares to take on the historic task of deciding whether to permanently remove fellow Republican and Attorney General Ken Paxton, Patrick is confronting an uncomfortable and unexpected test of his own — fraught with political, legal and ethical landmines.

In the lead up to Tuesday’s trial, Patrick has been under tremendous scrutiny and pressure as Paxton allies and opponents search for signs of which way he may be leaning. And whether he likes it or not, it is turning into a legacy-making moment in the latter years of his career.

“I will be honest: I was concerned that Patrick was gonna put his thumb on the scale,” said Steve Armbruster, the chairman of the Williamson County GOP who opposed his precinct chairs’ resolution condemning Paxton’s impeachment. “Anyone that pays any attention to Texas politics knows that there’s only one vote that matters in the Texas Senate, and that’s the lieutenant governor’s.”

Politically, there are no easy paths for Patrick. If he oversees Paxton’s removal, it will anger a faction of conservatives to which Patrick has long owed his political career. If Paxton’s acquitted, it would affirm skeptics’ suspicions of Patrick’s bias in favor of the attorney general all along. Those concerns metastasized with the revelation that Patrick accepted $3 million from a pro-Paxton group in late June.

An acquittal would also further inflame tensions between Patrick and Phelan’s House, where House Republicans put their political capital on the line when they overwhelmingly voted to impeach Paxton for abuses of office.

Those who know Patrick well say he is working hard to rise to the moment. Sherry Sylvester, a former top adviser to the lieutenant governor, said he has “worked harder to prepare for this than anything I have ever seen him do.”

“[His] goal is to preside over a fair and unbiased process that reflects the integrity of the Senate and is befitting this historic moment in Texas history,” Sylvester said in a statement. “The rule making process so far makes it clear that he and the Senate are approaching this with the utmost seriousness.”

It’s a long story and you can read the rest. Much of it involves the words and deeds of the extremely shitty people who prop up Ken Paxton, and there’s also a lot of people saying mostly nice things about how Dan Patrick is handling the trial. You be the judge of how much of that you can take. My main conclusion in reading this is that Republicans will be a whole lot madder at each other if Paxton is convicted. As if I needed another reason to root for that outcome.

Reform Austin finds a few wheels in motion.

Texas Senators held a discreet meeting in the state Capitol exactly one week before the high-stakes impeachment trial of Ken Paxton. Their closed-door session was exclusively dedicated to deliberating the trial’s rules and procedures, with no voting taking place.

With the trial set to commence on September 5th, the legislators gathered behind closed doors. However, there was a conspicuous absence of any voting activity during the session as Lt. Gov. Dan Patrick’s spokesman Steven Aranyi confirmed to The Dallas Morning News.

Among the items left unaddressed was Paxton’s request for the dismissal of the articles of impeachment lodged against him. According to two senators who spoke with The Dallas Morning News, the focus of their meeting was solely on reviewing the rules and procedures for the upcoming trial.

Senator Royce West, representing Dallas, succinctly summarized their session, stating, “We just discussed the rules and regulations for next week.” He emphasized that no votes were taken, concluding, “We’re done for the week.”

Senator John Whitmire from Houston concurred, affirming, “Nothing to decide today.”

The shroud of secrecy enveloping the proceedings could be thanks to a gag order in place for all parties involved in the impeachment proceedings.

On Tuesday evening, a significant development emerged as an order signed by Lt. Gov. Patrick was posted on the impeachment’s website. This order mandated the appearance of all witnesses on the trial’s opening day. The witness list was extensive, comprising more than 100 individuals, including a woman allegedly involved in an affair with Paxton and the whistleblowers who have accused him of corruption.

Paxton’s lawyers have repeatedly said he will not testify, asserting his right against self-incrimination.

You can see a copy of the order for ALL WITNESSES to appear on Day One here. Will Paxton be forced to testify or won’t he? The Statesman asks some attorneys about that.

Paxton, prosecutors argue, “wants to have it both ways” by refusing to testify without using his Fifth Amendment privilege.

“So he can avoid … negative publicity and disdain — as Texas’ top law enforcement officer — from refusing to publicly answer questions before the Senate in an effort to cling to the office he abused,” the lawyers wrote.

To support their case, House lawyers cite a trial in Jefferson County, where in 1962 the Texas Supreme Court ruled that a sheriff facing removal could be called as a witness.

Karen Burgess, an Austin lawyer who practices civil law, said that in her experience a jury or judge “will hold them to the adverse inference and find the answer would have been what the questioner wanted.”

Thus far, the argument that the proceeding is criminal has not won over Lt. Gov. Dan Patrick, the trial’s presiding officer. In a recent interview with Fox 26 in Houston, Patrick, who will decide the motion on whether Paxton must take the witness stand, said that the proceeding is neither criminal nor civil but “political.”

Given that position, “it’s kind of like no holds barred then,” said Bob Perkins, a retired Travis County criminal court judge. On ordering Paxton to testify, Perkins said, “it would seem to be the House managers can do anything that they want.”

[…]

Paxton likewise has good reason not to testify. After the impeachment trial, he will appear in a Houston courtroom to resolve a now 8-year-old felony securities fraud case. A trial is set tentatively for February, and anything Paxton says in the impeachment trial could jeopardize his defense in his criminal trial.

Also looming over Paxton is an ongoing federal investigation into his relationship with Paul. The Statesman recently reported that prosecutors seated a grand jury in San Antonio to review evidence and witness testimony.

[…]

Rick Flores, an Austin defense lawyer, said it makes sense for House prosecutors to want to question Paxton, even if he’s unlikely to answer.

“I’d think they’d want to call him to the witness stand and make him say the words that he’s invoking the Fifth Amendment,” Flores said. “The optics of him saying that would be bad for him.”

Yeah, a bunch of GIFs of Paxton saying he doesn’t want to incriminate himself would be golden. I miss Molly Ivins as much as the next person, and boy do I feel like she’d be having an absolute field day with all this. It’s truly unfair that Ken Paxton could get impeached and neither she nor Harold Cook will be around to see it happen and provide the color commentary for it. We must muddle on somehow.

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Law banning gender affirming care goes into effect pending litigation

Very unfortunate, to say the least.

A Texas law that bans gender-affirming care for transgender youth will go into effect as scheduled Friday.

The law will kick in September 1st despite a state district judge’s ruling last week that the law, Senate Bill 14, is likely unconstitutional and discriminates against transgender youth. That decision came after several families, advocacy groups and medical doctors filed a lawsuit to stop the act.

It was temporarily placed on hold, but the Texas Attorney General’s office quickly appealed the decision to the state Supreme Court, which ruled early Thursday the law will be in effect until a final resolution is reached.

“The Supreme Court of Texas has denied appellees’ emergency motion for temporary relief in State of Texas v. Loe, allowing SB14 to go into effect on Sept. 1. The direct appeal in this case remains pending before the Court,” the state’s high court posted on X, the platform formerly known as Twitter.

Under the law, transgender people under 18 years old would be barred from accessing puberty blockers and hormone therapies, two of the most common forms of gender-affirming care.

[…]

The legal groups that represented the plaintiffs include Lambda Legal and the American Civil Liberties Union of Texas, said in a joint statement the state supreme court’s action places transgender youth and their families in peril but vowed to continue fighting the legislation.

“The fight is far from over. In its ruling, the district court clearly articulated the ways in which S.B. 14 likely violates the Texas Constitution by infringing upon the fundamental right of parents to make decisions concerning the care, custody, and control of their children, infringing upon Texas physicians’ right of occupational freedom, and discriminating against transgender adolescents with gender dysphoria because of their sex, sex stereotypes, and transgender status,” the statement reads. “We couldn’t agree more, and look forward to continuing this fight.”

See here for my previous update, which was from the end of the hearing and before the TRO was granted. I missed the story of the injunction, which annoys me but it happens. I see now that there was a Trib story about the ruling, which is now updated to reflect the SCOTx refusal to grant an emergency request to allow the TRO to remain in effect. I wish I could say I was surprised or even disappointed, but I can’t. I’m just pissed off. Nothing like a crushing defeat to usher in a holiday weekend.

That said, there were some late victories on Thursday, in which both the drag ban and the book ban laws were halted. I didn’t have time to get to them yesterday, I’ll write about them for tomorrow. That doesn’t reduce the hurt or the harm of this ruling, but they are victories and we should be happy about them.

By the way, I think I figured out the difference between this lawsuit and the Harris County Elections Administrator lawsuit, where the AG appeal automatically blocked the district court judge’s order, and the Death Star lawsuit, in which the law will remain blocked pending appeals. In the first two cases, the ruling was for a temporary restraining order, whereas in the latter the court granted summary judgment for the plaintiff. In other words, the first two were orders to pause the law while the merits of the case were still being decided, while in the latter the plaintiffs won outright. Because the merits of the case were decided, we’re now in the regular appeals process for the Death Star law, not the “appeal of a TRO” process. At least, that’s my best guess for why they’re different. You lawyers feel free to correct me as needed.

Posted in Legal matters | Tagged , , , , , , , , , , | 1 Comment

HISD temporarily blocked from using new teacher evaluation system

This all came up this week.

Houston ISD will not be allowed to implement its new teacher evaluation system until mid-September at the earliest after a judge temporarily blocked the policy Thursday morning.

A Harris County judge issued a temporary restraining order preventing the new evaluation system from taking effect at least until after an injunction hearing scheduled for Sept. 11, said Chris Tritico, a lawyer for the Houston Federation of Teachers. The Harris County District Clerk’s online portal shows that a temporary restraining order was issued, but no document had been posted as of early Thursday afternoon.

The HFT, which is HISD’s largest employee union, filed a lawsuit Wednesday alleging district leaders violated state laws earlier this month when they approved the new evaluation system. State law requires districts to consult with a districtwide decision-making committee and campus-level committees in developing new evaluation metrics.

In a legal filing Thursday, lawyers for HISD argued that administrators posted a public notice on the district’s website soliciting input on the new evaluation policies. A document detailing the new policy was publicly available online, lawyers for the district said.

“HFT’s representations to the court are rather remarkable in light of Superintendent Miles’ express requesting for feedback from the (Shared Decision-Making Committee), and in light of HISD’s public dissemination of the new teacher evaluation system — all 87 pages,” HISD’s lawyers wrote.

HFT President Jackie Anderson said the actions do not amount to proper engagement or input.

“Teachers were on vacation and the (feedback committee) does not even function during the summer,” Anderson said.

See here for a story from Wednesday when the lawsuit was filed. The Chron adds some details.

The union said that Miles’ evaluation was put together privately, without input from schools’ Shared Decision Making Committees (SDMCs), and that teachers were being judged based on criteria that hadn’t been made clear to them. District attorneys argued that an online survey posted after the evaluation system was developed satisfied the requirement for collaboration, and said the evaluation was available for teachers to read online all summer.

Judge Fredericka Phillips ruled that the union’s claims had enough merit to go to a temporary injunction hearing on Sept. 11, where attorneys will be required to submit more substantial evidence than the oral arguments presented Thursday. If the temporary injunction is granted, the lawsuit will move to trial and the district will be barred from implementing its evaluation system until a final decision is made.

“First of all, I’m happy that we got the TRO. Teachers are still saying every day, ‘What is going on?’ They don’t know. We want to be evaluated, we want our skills to be evident in the work we do every day but we need to know what the expectations are, and up until today we still don’t know,” said union president Jackie Anderson.

The district will be required to use the state’s standard evaluation, the Texas Teacher Evaluation and Support System (T-TESS), until a ruling is made.

HISD officials did not immediately return a request for comment Thursday, but Miles said in response to the lawsuit that the survey his administration posted online showed significant community support for his evaluation system, and demonstrated community input. A majority of respondents said they agreed with the general conditions of the evaluation, according to a presentation Miles made to the Board of Managers on Aug. 10, when the evaluation was approved by the board in closed session.

Union attorneys argued that developing the appraisals privately, and then soliciting opinions after the fact, did not satisfy the state’s requirement that evaluations be created “by the district- and campus-level committees.”

“When you develop your own (evaluations), you have to develop it in conjunction with the SDMC committees, not as they said today: ‘We put it on the webpage and the SDMCs can send us an email, I guess, and tell us what they think. That is not in compliance with the law,” said union attorney Chris Tritico.

I don’t know nearly enough to offer an assessment of who’s right on the merits. I don’t think it does HISD any harm to wait a week and a half and have it out in court to see if there’s good reason to believe they played fast and loose or if the teachers are being pedantic. I do know that Mike Miles and company get no benefit of the doubt from me. If the judge ultimately decides they followed the law or came close enough, fine, so be it. If not, well, you reap what you sow. You want to crack the whip on everyone else, you better hold yourself to a high standard too.

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Another State Bar complaint filed against Paxton

This has to be some kind of modern record. At least, I hope it is.

A crook any way you look

A group of fourteen attorneys filed a complaint with the State Bar of Texas Monday, asking the legal regulatory body to investigate the criminal allegations facing suspended Attorney General Ken Paxton and seeking possible disbarment.

“Paxton’s conduct is so egregious that the State Bar has no real option other than moving forward with the inquiry into disbarring Paxton. His conduct is shameful, illegal, and unethical,” complainant attorney Jim Harrington said. “No attorney in the State of Texas should be allowed to practice law with a record of this kind of nefarious conduct. The Texas House of Representatives decided that the information was serious enough to remove Paxton from office. The State Bar is duty-bound to investigate and take appropriate action, which we would consider to be disbarment.”

[…]

The attorneys filing the complaint Monday, including three former presidents of the State Bar, argue Paxton ought to be prevented from practicing law entirely, regardless of the outcome in the legislature.

The complaint cites the Texas Rules of Professional Conduct, which defines standards for licensed lawyers in the state.

“Lawyers holding public office assume legal responsibilities going beyond those of other citizens,” the TRPC states in Rule 8.04, Comment 4. “A lawyer’s abuse of public office can suggest an inability to fulfill the professional role of attorney.”

The Attorney General of Texas does not need to be a licensed attorney by law. However, Paxton would need to delegate certain responsibilities of the office to licensed attorneys in his office should he be disbarred.

Jim Harrington was among those who filed the 2021 State Bar complaint about Paxton trying to overturn the 2020 election, which as you know is still in progress and for which there will be an appellate hearing following the impeachment trial. I’m happy for Ken Paxton to live the rest of his life more or less as a fugitive, but I also hope that there will be no need for this complaint to be heard. I very much hope that some combination of impeachment, the existing State Bar complaint, the state securities fraud case, and maybe someday in my dreams some FBI charges relating to the Nate Paul mess will bring him down, ideally many times over. If he somehow comes out of all that still on his feet, then it’s hard to see how this complaint could possibly matter. As I said, I’m happy for Paxton to be eternally pecked by ill-tempered waterfowl. I’d just like something with more substance to take him out along the way. The Current has more.

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Dispatches from Dallas, September 1 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, it’s a big old grab bag with Ken Paxton, Clarence Thomas and Harlan Crow, problems in Tarrant and Dallas counties, Fort Worth ISD news (including book bans), a lot of trouble with heat in north Texas, the law about whitetail deer, immigration news, Texas history and food including the Big Tex Choice awards, and the Perot Museum’s paleontologists are unearthing a mosasaur.

This week’s post was brought to you in part by the music of Nick Rhodes (of Duran Duran) and Wendy Bevan. Recommended if you like “planetarium music”, which sounds sort of new agey to me, but in a good spacey way. The rest of it was brought to you by the music of Tangerine Dream. It’s a long post.

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Interview with Plácido Gómez

Plácido Gómez

We wrap up our week of HISD election interviews with Plácido Gómez, who is running to succeed Judith Crus in HISD District VIII. A native of New Mexico and a graduate of Rice University, Gómez was a student volunteer at several HISD schools before becoming a math teacher in San Antonio and the Rio Grande Valley, earning a master’s degree in Education Policy and Management along the way. He worked for Beto’s campaigns in 2018 and 2022, and in between he did education, non-profit, and government consulting while volunteering for HISD’s Ascending To Men program at Chavez High School. Here’s what we talked about:

PREVIOUSLY:
Kathy Blueford-Daniels
Dani Hernandez
Judith Cruz

I will begin on interviews with city candidates next week. The Erik Manning spreadsheet is here. My previous posts about the 2023 HISD election are here and here.

Posted in Election 2023 | Tagged , , , , , | 1 Comment

Judge blocks “Death Star” law

I assume this has been appealed and thus the ruling is stayed for now, but in the meantime this is nice.

via Gfycat

A Travis County state district judge on Wednesday struck down Texas’ “death star” law preempting local regulations as unconstitutional, dealing at least a temporary blow to state lawmakers who say it is necessary to provide a uniform environment for business.

Lawyers for Houston and other cities made a convincing case that the law is too vague, 459th Civil District Court Judge Judge Maya Guerra Gamble found after a nearly three-hour hearing in Austin.

The law was set to go into effect Friday. The hearing before Guerra Gamble came as the statute was poised, potentially, to overrule vast swaths of local rules, including ordinances in Austin and Dallas that require outdoor construction workers to receive regular water breaks.

In Houston, officials said they fear the law could kill the city’s “pay-or-play” ordinance, which requires contractors to pay into a fund for low-income health care if they do not provide health insurance to employees.

Collyn Ann Peddie, a lawyer for the city of Houston, urged the judge to act before the law goes into effect, claiming cities are at a loss as to how to comply with the law known as House Bill 2127.

“They’ve created absolute chaos, I think, with cities in trying to figure out what (House Bill) 2127 means. And the chaos in large part is the point,” Peddie said.

Houston was joined in court by lawyers for San Antonio and El Paso. Other cities, including Dallas, also had chimed in with briefs to the court.

[…]

Nobody seems able to say which local regulations the law will overrule and which it will not, Peddie said. Instead, cities are left to guess as to whether their regulations violate the law. They will be forced to wait for lawsuits to flood courthouses to find which rules can stand, she said.

Under the law, private citizens or trade associations can file lawsuits challenging local ordinances. Cities would be on the hook for legal fees if they lose.

“A large part of the intention here is to create uncertainty,” Peddie said, adding that it appeared the state hopes that cities “will simply give up or be deterred from regulation because it will be too risky for them to regulate at all.”

Separately, Peddie said, the “death star” law runs afoul of the Texas Constitution, which grants broad powers to home-rule cities like Houston. Those powers can be limited, but only on a case-by-case basis with “unmistakable clarity” from the legislature, Peddie said.

Peddie likened the preemption law to the Texas statute that allows private parties to file lawsuits against people alleged to have facilitated abortions.

“They are written in a vague way. They are enforced by a mob, and the intention is to get cities, particularly big cities like Houston, just to give up in disgust,” Peddie said.

See here, here, and here for some background. It appears that the hearing was yesterday and the judge made her ruling shortly thereafter by granting the plaintiffs’ motion for summary judgment. As noted above, I presume the state will (if it has not already) appeal to SCOTx, and by doing so put this ruling on hold. In this case at least the full effect will not be immediate, as the purpose of the law was to enable vigilantes to sue cities over ordinances deemed to be illegal as a result of the Death Star bill. (You can see where the vagueness argument comes from.) There may well be some litigation being prepped in advance of the law taking effect, but my guess is all of that will be put off until there’s a final judgment. The potential exists for a lot of future chaos, but in the here and now it may be more restrained. We’ll see. The Trib, the Chron, the Observer, and the Current have more.

Posted in Legal matters | Tagged , , , , , , , , , , , | 3 Comments

Katy ISD attacks its LGBTQ+ students

Shameful.

Katy Independent School District trustees narrowly voted Monday to enact several restrictions on how employees can handle gender identity matters after listening to over four hours of public testimony overwhelmingly against the measure.

In a heated 4-3 vote, Katy board members approved a new policy that requires district employees to inform parents if a student requests to “be identified as transgender, change his or her name, or use different pronouns at school,” among other mandates. The policy also requires that students use bathrooms corresponding with their sex assigned at birth, with limited exceptions.

Roughly 90 community members spoke in front of the board about the new policy, some of whom called it an “attack” on LGBTQ+ students and a “sharp turn in a dangerous direction.” A smaller share of supporters said the policy protects parents’ rights and keeps gender identity issues out of schools.

The vote is Katy’s latest move that solidifies its alignment with more-conservative voters in the nearly 90,000-student district. In recent years, the board has tackled hot-button social issues in a way that has outraged Democrat-aligned community members.

The four-page gender identity policy, released publicly one week ago, prohibits employees from asking for a student’s preferred pronouns; allows staff members to refuse a student’s request to be identified differently; and bans employees from teaching or sharing any information about “gender fluidity.”

The measure also allows Katy administrators to discipline employees that encourage students to “withhold information from their parent.” Similar policies in districts across the country have sparked a national debate over how much information teachers should be required to share with parents about a student’s gender identity.

Proponents of those policies say parents, rather than teachers, should be the sole decision-makers for their child. Critics argue schools should provide children with a safe place to express themselves, and that it can be harmful to expose a child’s gender identity to unsupportive families.

If you don’t understand why these policies are and will be harmful to LGBTQ+ students, you probably don’t know any LGBTQ+ people. Or, more accurately, none of the LGBTQ+ people who know you trust you enough to let you know this about them. The very short explanation is that any student who doesn’t want to tell their parents about their sexuality or gender identity has a reason for that decision. Nothing good will come from the school district sticking its nose into that business, but plenty of bad will. And it will be the fault and the responsibility of those four trustees.

The only silver lining here is that this was a close vote. It will only take replacing one bad trustee with someone better to make a difference. That will still take a lot of work and organization, but it’s a starting point and there’s now even more motivation to do so. Local elections matter, even more so when they’re held in May of odd-numbered years, the lowest engagement time for elections. The Chron and Reform Austin have more.

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Texas blog roundup for the week of August 28

The Texas Progressive Alliance is still staring (and laughing) at the Former Guy’s mugshot as it brings you this week’s roundup.

Continue reading

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Interview with Judith Cruz

Judith Cruz

Continuing our series of HISD Trustee interviews, today we have Judith Cruz, the elected Trustee in District VIII. Like Dani Hernandez, Cruz’ victory in 2019 knocked out an incumbent in the illegal meeting to discuss ousting interim Superintendent Grenita Lathan; indeed, that person had been the main instigator. Cruz is also a former HISD teacher and was part of the team that created Liberty High School in the Gulfton area. She has also served on multiple HISD committees, including the Superintendent’s Parent Advisory Committee, and was the co-founder and President of the PTA at her neighborhood school. My interview with her from 2019 is here. Cruz is not running for re-election, but fortunately there is a good candidate running for this sat; we’ll meet him tomorrow. Here’s the interview:

PREVIOUSLY:
Kathy Blueford-Daniels
Dani Hernandez

I will have more interviews with HISD trustees and candidates this week. The Erik Manning spreadsheet, which only has city candidates, is here. My previous posts about the 2023 HISD election are here and here.

Posted in Election 2023 | Tagged , , , , , | 2 Comments

Paxton roundup: The Christian right does not care at all about his alleged infidelity

I appreciate the thought that went into this story, but come on. Have we not been paying attention to the last seven years?

A crook any way you look

Texas Attorney General Ken Paxton rose to power as a champion of religious liberty, building a passionate following through alliances with conservative Christian leaders and an emphasis on his fundamentalist faith.

But his support from Christian conservatives — long the most devoted part of his base — may be fraying in the lead-up to his impeachment trial next week. At the center of the case is a charge that the third-term Republican lined up work with a donor for a woman with whom he was having an extramarital affair.

Though the relationship surfaced more than two years ago, the impeachment proceedings have thrust it into public view more than ever before.

“When I think of someone cheating on their wife, I think of the relationship I have with mine, how valuable God says that is, and I picture throwing all of it away for selfish self-gratification,” said Derrick Wilson, a Republican activist from the Fort Worth area who was recently elected chairman of the Texas Young Republican Federation. “That honestly does hit me where I live. It hits me in the heart.”

The alleged affair has remained in the spotlight since Paxton’s impeachment in May, fueled by intrigue over whether his wife, state Sen. Angela Paxton, would be allowed to join her colleagues in deciding her husband’s political fate. And earlier this month, prosecutors published records of an Uber account they say Paxton used under a fake name to visit the woman with whom he was having an affair.

Those standing behind the embattled attorney general say he has atoned by reportedly recommitting to his marriage and maintaining the trust of voters, who re-elected him after his scandals had already been made public. They say Paxton has been an effective crusader for conservative Christian values — and argued that’s the true reason he’s under attack from what they consider a rushed witch hunt driven by moderate Republicans.

“Thankfully, we have a God of forgiveness when there’s repentance. And in every indication right now, that all occurred with Ken and Angela,” said Dave Welch, founder and executive director of the Texas Pastor Council. “If there had not been, and if there was a breakdown of the marriage, if there was no correction or repentance of that, I think that would have affected the support” for Ken Paxton among his Christian conservative base.

You may recall the name Dave Welch from all his hatemongering during the 2015 anti-HERO campaign. His record as an icon of moral bankruptcy remains undiminished. You might also notice that this story never once mentions the name of The Former Guy. You know, the thrice-married, porn-star-fucking, grab-em-by-the-pussy rapist that people like Dave Welch worship. That alone should be enough to tell you how this crowd will handle whatever sordid information comes out about Ken Paxton. The rules are for other people, not for them. End of story.

Anyway. On other matters:

Everything was going according to plan.

In September 2020, subpoenas were served to executives at four Texas banks who Austin real estate investor Nate Paul — a friend of Attorney General Ken Paxton — believed had information about an illegal scheme to defraud him.

The subpoenas were signed by Brandon Cammack, who identified himself as a special prosecutor with the Texas Attorney General’s office. But they were written by Paul.

Earlier, Paul had sent a list of targets to Cammack, via his lawyer, who he wanted to see investigated and subpoenaed in what he called “Operation Deep Sea.” He alleged he was the target of two massive yet separate conspiracies perpetrated by business rivals, judges and several law enforcement agencies, including agents that participated in an FBI-led raid on his home and business a year earlier.

Cammack persuaded a judge to approve 25 additional subpoenas, which sought email or phone records of prosecutors investigating Paul, federal court staff, police officers, the head of a charity who sued him, a court-appointed lawyer in that lawsuit and the lawyer’s wife.

All of those targets were on Paul’s list. And the investigation would never have happened without the support of Paxton.

It’s a long story and you should read the rest. We have known the basic outlines of the Brandon Cammack story for awhile, this mostly fills in the details from the Nate Paul perspective. Reading through this, it’s easy to see why the eventual Paxton whistleblowers were so appalled and alarmed by what was happening. It’s almost cartoonishly corrupt, the sort of thing that if it had been a plot point in a TV legal procedural script, it would have been rejected for being too ridiculous. And yet here we are. I would like to know more about how those subpoenas that were basically written by Nate Paul and transcribed by Cammack got approved in the first place – was there some negligence on the part of the judge(s) who approved them, or was it more of a systemic issue – and I would like to be assured that screws are being applied to Brandon Cammack, who at the end of the day ought to have his legal career ended as well.

Finally, Dan Patrick found himself a new former judge to advise him on the impeachment trial. I hope she has no history of political giving to or against Ken Paxton.

Posted in Scandalized!, That's our Lege | Tagged , , , , , , , , , , , , , , , , | 2 Comments

Harris County election duties return to County Clerk and Tax Assessor

Welp.

Elections Administrator Cliff Tatum will not be involved in Harris County elections operations after Friday, as he will not be hired by the county clerk’s or tax assessor-collector’s offices as part of a massive reorganization.

Harris County’s elections operations will transfer Friday to Harris County Clerk Teneshia Hudspeth and Harris County Tax Assessor-Collector Ann Harris Bennett. The county is undergoing a reorganization of elections administration duties ahead of the November election as a new state law that abolished the Elections Administrators office goes into effect on Sept. 1.

Hudspeth and Bennett will take over less than two months before early voting begins on Oct. 23.

“One thing we are not doing is impeding upon the processes that are already in place,” Hudspeth said Tuesday. “There’s an election plan that’s been working.”

Commissioners Court is expected Tuesday to approve a measure splitting up the elections office staff. They will transfer 131 positions to the county clerk’s office and another 39 positions to the tax assessor-collector’s office, according to the agenda.

“We’re absorbing every single last employee of the elections administrators office,” Hudspeth said.

However, Hudspeth confirmed Tatum would not be moving over to her office.

“I will not be hiring Mr. Tatum in the county clerk’s office,” Hudspeth said.

Wendy Caesar, chief deputy at the Tax Assessor-Collector’s Office, confirmed their office would not be hiring Tatum, either.

See here for the previous entry, which led to this inevitable conclusion. Harris County could still prevail in their lawsuit but that seems extremely unlikely to me at this point. If they did, I presume we’d have to look for yet another administrator, as I daresay Cliff Tatum will be employed elsewhere, and would surely have no desire to come back after the shamefully shabby treatment he got here by the Legislature. We’re in good hands with Teneshia Hudspeth and Ann Harris Bennett, but they will still have to deal with the risk and extra work of this nihilistic law. As I said, it sure would be nice to live in a state whose government didn’t actively wish us harm.

One small bit of good news:

Both offices will have more employees and larger budgets than they did before the 2021 transition, Hudspeth and Caesar said.

“In the next few weeks, we will continue the election plan in place to avoid disruption or delays in the ongoing work related to the conduct of the Nov. 7, 2023 election,” Hudspeth said.

The county clerk’s office had fewer than 100 employees dedicated to elections administration before the 2021 transition, Hudspeth said. The tax office also will gain several positions that did not exist in 2021, Caesar said.

The increase in the number of employees is welcome and was needed at the clerk’s office before the 2021 transition, Hudspeth said.

“We’re doing things in the opposite direction, but it’s different than it was three years ago because it’s now coming back to two elected officials who do many other operations,” Hudspeth said. “We’re looking at what that looks like for our teams and our organization as a whole, not impeding on the services we do each and every day, but also to make sure this division we’re inheriting is successful, as well.”

[…]

In response to the issues with paper ballots, Tatum recommended the county implement a system to track issues reported by poll workers and provide additional tech support and assistance for workers in the field.

Those recommendations already have been implemented by the administrator’s office and will be in place for November, Hudspeth said.

The clerk and the tax office also are considering additional staff ahead of presidential elections in 2024, as well as newer software to make sure things run smoothly, Hudspeth and Caesar said.

“We are working very closely to make sure nothing falls through the cracks,” Caesar said. “We want to make sure we have a successful election come November.”

A piece of Clifford Tatum will live on in the reforms he implemented. Good luck to all who are working on this.

Posted in Local politics | Tagged , , , , , , , , , , , , , | 5 Comments

Interview with Dani Hernandez

Dani Hernandez

Today’s interview is with Dani Hernandez, the elected HISD Trustee in District III. Her win in 2019 ousted one of the trustees that had been involved in the illegal meeting to discuss ousting interim Superintendent Grenita Lathan. Hernandez is a former bilingual teacher in HISD and was also an administrator in the district for six years; she now works as a realtor. She hold s master’s degree in educational leadership from the University of St. Thomas, and she is running for re-election against a “parental rights” advocate. Here’s the interview:

PREVIOUSLY:
Kathy Blueford-Daniels

I will have more interviews with HISD trustees and candidates this week. The Erik Manning spreadsheet, which only has city candidates, is here. My previous posts about the 2023 HISD election are here and here.

Posted in Election 2023 | Tagged , , , , , | 3 Comments

A couple of thoughts as the HISD school year starts

The Chron editorial board has them, and so do I.

So, in the spirit of the first day, we are setting out three of our own classroom expectations and concerns. We’ll skip the niceties too.

Miles needs to control the chaos.
Miles has been unapologetic about his fast pace, and in some ways, we want a quick pace too. But Miles’ speed has at times led to chaos. After big cuts to the central office, newly hired NES teachers struggled to figure out what exactly their salaries were. (One teacher even had to come to a community meeting with Miles to get answers. Her calls to HISD’s central office failed. And some teachers are reportedly still struggling to get a straight answer.) There have been abrupt principal firings and reassignments, including at two campuses just days before school started. We’ve talked with teachers leaving the district and those just hired they all express uncertainty about where things are headed. Teacher turnover was a hallmark of Miles’ time at Dallas. Will this unevenness and chaos be a feature here as well? Over the summer, a certain amount of behind-the-scenes chaos was expected and even tolerable. But it won’t be if it affects students.

When it comes to teachers, Miles put money where his mouth is. Now, as he likes to point out, the outcomes matter.
Hiring and rewarding quality teachers is key to both the NES model and the pay-for-performance plan that Miles implemented in Dallas and will be importing here. He dramatically cut central office staff to pay for this investment. But he still needs to prove that the quality of HISD teaching will rise. First, at NES and NESA campuses, Miles must show that his required curriculum enables instead of limits great teaching and that there is still a place for creativity and exploration. And second, he must demonstrate that his fire-sale approach to hiring will ultimately help kids, not hurt them. Miles and the board approved plans to seek a number of waivers from the state, including one that would allow them to hire uncertified teachers for certain roles. And even though the Texas Education Agency told us as of Friday they hadn’t received that request, the district said it has hired dozens of uncertified teachers and principals. Last year, the district started school with hundreds of teacher vacancies. This year: zero, according to Miles. That’s impressive. Now we want him to show that the aggressive hiring pace hasn’t compromised teacher quality for quantity.

Miles’ rigid structures shouldn’t hamper special education.
This is one of the areas the state says needs to be improved before it returns local control to HISD. But the early steps haven’t been encouraging. We’ve wondered how students with existing plans to accommodate their disabilities will fit into the rigid-seeming structures of NES, and we’ve worried when Miles told us he plans to review and rewrite some of those plans. Following staff cuts and rearrangements, we also worry about students who need to be evaluated or reassessed. How long will it take to get to those now?

All good points, and I don’t have any notes on them. I will add my own:

1. Miles is still terrible at communication (*), which in turn means that he has utterly failed to build trust with HISD parents, teachers, and students. I recognize that he came in with limited time before the start of the school year, and he very reasonably wanted to get started on the main task of improving student performance. But try to think of any large established community in which big changes have been suddenly implemented by an outsider who was imposed on the community in question and began making those changes without any prior discussion or opportunity to give feedback, and ask yourself if that’s a recipe for long-term success. Imagine it at your job, in your neighborhood, your fantasy football league or book club, your alumni organization or favorite charity. Even if everyone recognized there were problems that needed to be tackled and accepted that changes needed to be made and that what was being done made sense, how well would those changes be received under these circumstances? The problem isn’t that HISD is hidebound and full of special interests. It’s that human beings are resistant to big changes and need time to acclimate to them and a sense that they are part of the solution. Mike Miles is making this a lot harder than it needs to be, on himself as well as on the rest of us.

2. Because of that, I continue to believe that Miles’ changes, no matter how successful, may not be sustainable. He’s going to be a villain that future Trustees will run against, even if outcomes do improve. Being successful at raising student performance will help him and will quiet some critics, to be sure. Accomplishing that would be a major step forward, and he would deserve credit, but do remember that the Brits booted Winston Churchill after the war. It won’t take much for people to get tired of the “my way or the highway” act, and if scores start to improve that gives a lot of leverage for those who will want to at least tweak, if not dismantle, his harsher methods. On that note, something I hadn’t noticed when I first wrote about it is that the big improvements in Dallas ISD’s reading scores and much of the improvement in their math scores came after Miles departed DISD. His successor continued his policies, but either he was a less divisive figure or maybe there had just been enough time for people to acclimate. How much patience do you think people here are going to have if it takes two or three years to see real improvement?

3. And that again brings me back to the issue of trust. I’ve pointed out some issues with how Miles has done things without any clear explanation of why they might be beneficial, even in the face of evidence that suggests they might not be – I forgot to include the librarian sackings in that – and where he has seemingly played fast and loose with data. I also didn’t include the special education stuff in that accounting; the Chron touched on it, and right now it’s safe to say that Miles has no articulated plans for special ed even though it’s part of his mandate. This is all total own-goal stuff, and it is going to come back to bite him.

I will acknowledge at this point that I could be completely wrong on all of the major points. I do expect that we will see some improvements, quite possibly right out of the gate. Parents and students may be delighted with the results and with the methods used to obtain them. Teachers may find the new classroom experience to be a big improvement; the possibility that the high-performing teachers Miles is relying on might decide his baloney isn’t worth it even for the better pay because a good working environment counts for a lot is another risk I didn’t mention above. The results may be more than enough to sweep aside previous concerns about student life, the working environment, and everything else. I’ll be happy to admit my errors if it all goes well. I really do want this to succeed. I wouldn’t be harping on all of this stuff if I didn’t think everything I’ve noted here was at least a potential and needless impediment to that desired success. I see a path we could have taken that wouldn’t have involved so much tumult and unrest. But here we are. I hope that at this time next year we’ll all feel better about it. The Associated Press and Reform Austin have more.

(*) The latest example in my “Mike Miles is terrible at communications” file comes from Monday’s CityCast Houston episode, in which KHOU reporter Mia Gradney says she has been reaching out to area Superintendents to ask them questions about the concerns for the school year that parents have raised in their survey. The one Super who did not respond to her questions was, of course, Mike Miles. I got nothing to add to that.

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Ken Paxton will not go away voluntarily

We didn’t really think that would happen, did we?

A crook any way you look

Attorney General Ken Paxton dismissed rumors over the weekend that he will resign prior to his impeachment trial next week.

On Saturday, Scott Braddock, editor of the legislative website Quorum Report, a Texas political newsletter and website, posted on social media that he had heard “credible chatter” that Paxton might resign to avoid testifying, adding that he may have been warned by Lt. Gov Dan Patrick that the trial “won’t go well for him in the Texas Senate.”

“Wrong! I will never stop fighting for the people of Texas and defending our conservative values,” Paxton wrote back in a rare public comment on the impeachment on X, formerly known as Twitter.

I saw the tweet over the weekend, which was picked up by Reform Austin and other news outlets. Scott Braddock was clear that he was passing along what he was hearing and not confirmed news; conservative talk radio host Chad Hasty said he was hearing the same thing. There was also chatter last week that Harris County Judge Lina Hidalgo was going to step down. That didn’t happen, either. It’s “people are saying” stuff, which can mean it’s really about to happen or that there’s nothing much happening so people are just talking to pass the time.

The reason this is at least plausible is that it’s easy to imagine a back-room deal in which Paxton resigns in return for the impeachment trial going away. As also noted by Scott Braddock, getting convicted in the Senate means losing his generous state pension. That’s a risk many people would consider mitigating, especially since they’d still be in good standing with most of the people they would want to be such standing afterwards. Maybe there were some preliminary talks along these lines, or at least some speculative talk from one side or the other, which eventually went nowhere but now needed to be denied. We’ll never know for sure. But it was fun while it lasted. And we’re now a week out from the beginning of the trial.

Posted in Scandalized!, That's our Lege | Tagged , , , , , | 2 Comments

Interview with Kathy Blueford-Daniels

Kathy Blueford-Daniels

It is time once again for interview season. The City of Houston races are the marquee attraction for 2023 but we still have HISD Trustee elections and they matter even as their power has been temporarily removed. We begin today with Kathy Blueford-Daniels, the elected Trustee in District II. Blueford-Daniels is a longtime community advocate, retired postal worker, former community liaison for Sen. Borris Miles, and founder of Black, Latino, Asian, Caucasian Mourners of Murder (BLAC MoM), which she created to serve as a support group after the 2006 slaying of her 20-year-old son in a case of mistaken identity. Here’s a nice bio of her from a year ago for more about her and her life. Here’s what we talked about:

I will have more interviews with HISD trustees and candidates this week. The Erik Manning spreadsheet, which only has city candidates, is here. My previous posts about the 2023 HISD election are here and here.

Posted in Election 2023 | Tagged , , , , , | 5 Comments

Gulfton BRT route approved

Moving forward.

Long-sought improvements to transit service in Gulfton – arguably among the Houston region’s most transit-starved areas – have an official line on the map, though rapid service remains years away.

Metropolitan Transit Authority officials on Thursday approved the preferred route for a planned bus rapid transit extension into Gulfton. The line would run from the Westpark/Lower Uptown Transit Center along Westpark near Loop 610, heading west on Westpark before turning south at Chimney Rock. Dedicated lanes for the buses would then run from Chimney Rock to Gulfton to Hillcroft, where the line would end at Bissonnet.

Service would not start until 2027, under preliminary plans submitted to the Federal Transit Administration. Extending the Silver Line into Gulfton is estimated to cost $220 million, based on the plans Metro submitted to federal officials seeking grant funding for the project.

Regardless of how much local and federal money pays for the project, officials and Gulfton residents said the line is an investment in a place that’s often been passed over.

“This is something that is, unfortunately, long overdue,” said State Rep. Gene Wu, the Houston Democrat who represents Gulfton in Austin.

The line, Wu said, “is going to change lives,” noting the importance of connecting workers and students to schools and jobs.

Adequate transit is especially needed in Gulfton, proponents of the line said, because of the high use of buses to get around the region. According to the Kinder Institute for Urban Research, 12 percent of the Gulfton area does not have access to a car or truck, compared to 2 percent of nearby Bellaire.

Despite huge demand, bus routes now serving the area can be cumbersome even workers headed to the Uptown area, less than two miles away, but across Interstate 69.

“They have to take three buses to get to their jobs,” resident Noelia Fadic told Metro’s board. “It is not a direct route and it takes them a long time.”

See here for some background. This should make a big difference for a dense and transit-dependent part of town. The connection to the forthcoming Universities BRT line means a rapid transit connection to the entire Metro light rail/BRT system, as you can see from the MetroRapid map. You might need to make a second transfer, but it’s still going to be faster and more convenient than the existing service.

If the complaint about Metro and public transit in general for Houston is that you can’t really get anywhere, look at that map again, and remember that it doesn’t include the local bus service, which also includes some high-frequency lines. There’s a lot more coverage than you think, and while it will take longer than driving, you don’t have to worry about (or pay for, which is an expensive proposition in some parts of town) parking. You can take your bike with you, or hop onto a BCycle bike at some locations. You want to drive less, you have a lot more options than you might think, that’s all I’m saying. In a few years, you’ll have a lot more.

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The Fort Worth bitcoin mining experience

Wild.

A year ago, Fort Worth Mayor Mattie Parker joked the city was now “cowtown and cryptocurrency” after plugging in donated bitcoin mining machines. That news generated millions of web impressions across the world, a nominal amount of money and attracted a blockchain summit to the city.

Since the peak of the industry’s hype in 2021 and the city’s adoption of the machine, the cryptocurrency market lost more than $2 trillion in 2022. Startups, job postings and venture capital fundraising around the crypto industry have also dropped.

Fort Worth city officials are leaving the machine donated by the Texas Blockchain Council running, despite the hype around the industry slowing down. The city will not disclose the amount of money it takes to keep the machine running.

Fort Worth first adopted two bitcoin machines in April 2022, becoming the first city to mine bitcoin. Quinn PR crafted a media campaign to promote Fort Worth’s tech-friendly leadership. The media attention generated more than 752 million web impressions in six months, according to the city. Headlines in national news outlets, such as USA Today, read: “Fort Worth, Texas becomes first in the US to mine bitcoin: ‘Where the future begins.’”

In interviews with major TV news outlets, Parker said the pilot project was about making the city at the forefront of tech and innovation.

“We want to be at the forefront of this industry, and understand that cryptocurrency is synonymous with innovation right now across the United States, really across the world,” Parker said in an interview on CNBC when the project was announced.

Critics of the crypto industry cite concerns about the machine’s energy consumption in a state with a fragile power grid. The Texas Blockchain Council, the industry association that donated the three machines, and city officials maintained the machines take up the same amount of energy as a vacuum cleaner.

Two months later, the city traded the machine for a more energy-efficient machine. Carlo Capua, chief of strategy and innovation at the City of Fort Worth, recommended keeping the machines going at a city council meeting last November. The miner running in the city’s server room has generated nearly $2,000 after electricity costs since being plugged in, Capua said.

“The goal wasn’t to make money, that wasn’t the primary objective,” Capua said. “It was for people to know about the city, know that Fort Worth is a dynamic, forward-thinking city and doing innovative things that no other cities have done. So in that sense, it’s been very successful.”

The mining machine is profitable every month, Capua said, but he declined to provide the total energy cost since it was plugged in. The machine, a Bitmain S19 J Pro, takes 2,950 watts to operate. The city runs the machine 24 hours a day, seven days a week.

“Our rate with our energy provider is confidential, so I’m afraid I can’t share the total electricity cost as it would be easy for someone to reverse engineer our rate,” Capua wrote in an email.

There’s more, so read the rest. The energy consumed by one bitcoin miner is not going to affect the grid, but the energy consumed by thousands of them will. At least Fort Worth didn’t invest any up front money in this thing. If I were a resident there I’d want to know the financial details behind this – really, there’s no good reason I can think of to keep it all secret – but it’s a small enough deal that there’s only so much of a fuss worth kicking up over it. Surely if this thing really is making money for the city, that money ought to be accounted for somewhere. And if it’s really not making money for the city, that should be documented too.

Posted in The great state of Texas | Tagged , , , , , | 2 Comments

Weekend link dump for August 27

“The federal and state indictments of Trump and those who aided his alleged dictatorial bid to illegally and unconstitutionally hold power will work their way through the courts. That process — the thorough investigation by prosecutors’ offices and the deliberative, fair adjudication by the courts — stands as a sterling example of the vital role the executive and judicial branches of our governmental system play in protecting democracy. But when it comes to ensuring this never happens again, the nation’s legislators need to step up.”

“The 5th Circuit’s New Abortion Pill Ruling Targets Patients Directly“.

“Few analysts bothered to consider that once a right people have had (and yes, taken for granted) for almost 50 years is suddenly snatched away, that might upend the politics of the issue.”

More Disney versus DeSantis. Keep it coming.

From the Couldn’t Have Happened To A Bigger Group Of Fkn Scumbags department.

“Beyond the 4 criminal indictments, these 12 civil suits threaten Trump’s finances”.

“A reporter’s reflections on the 102nd anniversary of the Tulsa massacre”.

“If we’re to talk about a problematic portrayal of Jewishness by non-Jewish actors, then the most egregious offender in recent years has got to be “The Marvelous Mrs. Maisel.” The Prime Video comedy ran for five seasons and garnered heaps of praise and fans, but it featured non-Jews playing some of the most stereotypically Jewish characters seen in years.”

“For supporters, it’s a sign that climate policies can also breathe life back into deindustrialized coal and steel communities with green jobs. The symbolism is compelling but how much those communities benefit will depend on a wide array of factors.”

Let them fight.

Lock them up.

“Victimhood is embedded in every part of Trump’s campaign, personality, communications, and strategy. The only thing that shifts is the topic and the object of blame.”

Hang that mug shot in the Smithsonian.

“A new KFF survey reveals the broad reach of health misinformation, with at least four in 10 people saying that they’ve heard each of 10 specific false claims about COVID-19, reproductive health, and gun violence.”

RIP, Claude Picasso, son of Pablo Picasso and longtime administrator of the Picasso estate.

“Ohio Republicans Use Last-Ditch Gambit To Infuse Ballot Proposal With Anti-Abortion Language”.

Let them dance!

RIP, Bob Barker, longtime former host of The Price Is Right.

Posted in Blog stuff | Tagged | 3 Comments

Law banning gender-affirming care for minors temporarily blocked

And then unblocked, which is how these things go.

A Texas law banning transgender youth from accessing puberty blockers and hormone therapy will go into effect next week after the state attorney general’s office filed to block a judge’s temporary injunction against Senate Bill 14.

In her decision Friday, state district court Judge Maria Cantú Hexsel wrote that SB 14 “interferes with Texas families’ private decisions and strips Texas parents … of the right to seek, direct, and provide medical care for their children.”

In response, the attorney general’s office filed an appeal with the Texas Supreme Court, a move that automatically pauses Cantú Hexsel’s injunction and will allow the law to go into effect Sept. 1. The attorney general’s office said such medical treatments are “unproven” and “pushed by some activists in the medical and psychiatric professions” in a statement announcing the appeal Friday evening.

Texas lawmakers passed SB 14 during this year’s regular legislative session, in addition to several other pieces of legislation affecting the lives of LGBTQ+ people.

Texas families and doctors sued the state in July with the hope of blocking the law. They argued SB 14 violates the Texas Constitution because it strips parents’ rights to make decisions about their child’s health care and discriminates against transgender youth by prohibiting access to this population specifically.

Cantú Hexsel’s injunction would have blocked the state attorney general’s office, the Texas Medical Board and the Texas Health and Human Services Commission from enforcing the law. She wrote that transgender youth and their families would “suffer probable, imminent, and irreparable injury” if SB 14 went into effect while the legal battle ensues. A trial is set to begin May 6.

The judge indicated the lawsuit would likely succeed. Agreeing with the plaintiffs, she said that SB 14 was unconstitutional because it violated parents’ rights to make decisions about their children, infringed on doctor’s freedom to practice medicine and discriminated against transgender youth by withholding access to health care.

“This Act was passed because of, and not in spite of, its impact on transgender adolescents, depriving them of necessary, safe, and effective medical treatment,” the judge wrote.

See here and here for some background. Because the TRO was appealed, the ruling was automatically put on hold pending the appeal; I know this is the process for a certain class of litigation, I’m not fully clear on what the definition is but I know this falls under it. As was the case with the Harris County lawsuit over the law removing the county Elections Administrator, the plaintiffs will have to file an emergency motion with the Supreme Court to get the TRO reinstated pending the appeal, which may or may not work. We’ll see what they do.

This lawsuit was filed in state court, which I believe was done to get a restraining order in place before the law goes into effect. I am not aware of any federal lawsuits against the bill at this time, but one could still be filed. There has been success against these laws at the federal district court level in other states, though it must be noted that one of those rulings, over the Alabama law, was reversed by the 11th Court of Appeals, which puts this matter on a track for SCOTUS. It’s scary out there and I don’t know that it’s going to get better any time soon. Do what you can to support you family and friends who are affected by this, and keep working to elect better people so we can stop these laws from passing and repeal the ones that have passed. It’s the only way at this point. The 19th has more.

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The HISD elections

They will be on your ballot as well.

Seven people have filed to run for four open Houston ISD trustee positions, roles that currently do not have any oversight of the district following the Texas Education Agency’s takeover.

The TEA appointed nine people in June to the new Board of Managers, who now serve as the district’s school board instead of the nine elected HISD trustees. However, local elections for the elected trustees in Districts II, III, IV and VIII will still be held as scheduled on Nov. 7.

The elected trustees currently serve in an advisory capacity, although a third of them could replace a third of the unelected members of the Board of Managers at least two years following the beginning of the takeover if the district meets certain exit criteria, including acceptable academic performance ratings.

All of the elected trustees would gradually resume full control after two more years once the transition begins, according to a timeline from the TEA.

Some candidates said they are running to be an HISD trustee despite the takeover because they want to help manage the district once the state eventually gives power back to the elected board. They also say they can still make a difference as district representatives by hearing constituent concerns and informing community members about policy decisions.

Three incumbent HISD trustees — Kathy Blueford-Daniels, Dani Hernandez and Patricia Allen — are all running for another four-year term, each against a single challenger.

Trustee Judith Cruz told the Houston Chronicle Tuesday that she is not running again for her seat in District 8. Former teacher Placido Gomez is running unopposed for her current position.

All of these people except one, the person who filed against Kathy Blueford-Daniels in District II, were mentioned in my post about the HISD July finance reports. I will remind you that the opponents to Dani Hernandez and Patricia Allen are self-proclaimed “parental rights” advocates, and the one running against Hernandez is (or was, not clear from the story) a GOP precinct chair. Forewarned and forearmed, y’all. I will be publishing interviews with Blueford-Daniels, Hernandez, Judith Cruz, and Placido Gomez next week, so look for those. And make sure you and your friends all vote in these elections.

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Why does Mike Miles want classroom doors open?

I don’t know. That seems to be a regular thing.

Only a fence with holes and rotting wood planks stands between the back side of Coop Elementary School and the outside world. Last year, a man tried to scale it during recess, sending the school into lockdown and eliciting a police response.

Dana Castro worries that the shoddy fence, plus a glass door at the entrance to the north Houston school, may not be enough to protect her 9-year-old daughter and other students from future intruders. She wants the children and teachers to have an extra line of defense: a classroom door that remains closed and locked.

But a new mandate from Superintendent Mike Miles requires most educators across the district to teach with their classroom doors open during instruction time when school starts next week, a measure that some parents and teachers say peels back an important layer of safety.

“Let’s stop pretending there’s no danger and let’s start following the practices that have worked, which is a shut and locked door,” said Castro, who works for the Harris County Sheriff’s Office.

Miles has said that the open-door policy creates a professional and collaborative environment that allows administrators to observe teachers and effectively coach them.

“Teachers shouldn’t have anything to hide,” he said. “People should be able to see what’s going on in the classroom all the time.”

Some exceptions will be allowed for classrooms with particularly noisy or unsafe locations or children prone to running away, according to the superintendent.

“We’ll be smart about this,” Miles said during a community meeting over the summer. “If there are doors that are open to the outside or right next to the gymnasium … we’ll make sure those doors remain closed.”

Jackie Anderson, president of the Houston Federation of Teachers, said she does not understand how opening doors promotes professionalism. Administrators can access all rooms with a key for observations, she said, and locking a door for safety reasons “does not mean you’re hiding anything.”

The union is looking into possible legal remedies to push back on the new measure, Anderson said.

“It’s really ridiculous that he is demanding that doors remain open in the culture we have in Texas where any and everybody can buy a gun,” she said. “And with the history we have in Texas … to put our teachers and students in harms way — why is it necessary to keep a door open? Why?”

[…]

The district did not respond to questions, but said officials may provide a comprehensive safety update later in the week.

I’m pretty sure every classroom I was ever in as a kid, all the way through high school, had the door closed. I mean, school hallways can be busy, noisy places, even during class time. And not to be macabre, but closed classroom doors are a security measure against shooters. I was on the PTA board at Travis Elementary in 2012, after the Sandy Hook massacre. We talked about that at length, let me tell you.

Be all that as it may, state law allows school districts to set their own policies about classroom doors, so Miles is within his authority here. What annoys me is that he just hands down these edicts without any discussion or apparent reason behind them. For a supposedly data-driven guy, he sure seems to operate on whim a lot. The lack of any response from HISD when asked about this is increasingly par for the course, too. Why did Miles change recess policies (before changing them back)? Why did he abruptly replace two principals right before school started? What’s up with his unverified and seemingly way off statements about central office staffing? Who knows? It’s what he does. And it’s obnoxious as hell.

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