More on Fertitta and the WNBA

He does sound serious.

The Houston Rockets are putting together a proposal to bring a WNBA franchise back to the city but are currently awaiting further instruction from the league’s representatives, Rockets owner Tilman Fertitta and president of business operations Gretchen Sheirr confirmed Tuesday.

Although Fertitta had expressed his desire and intent to fund a Houston WNBA team multiple times in recent months, he had not previously disclosed details about talks with the league or a timeline. On Tuesday, at the grand opening of the Rockets’ new training facility, Sheirr said that she is leading the proposal and has engaged with an independent firm hired by the WNBA to lead the expansion process.

In its current round of expansion, the WNBA has awarded franchises to three cities — the San Francisco Bay Area, Toronto and Portland — to begin play in 2025 and 2026, and is looking to add a 16th team before 2028.

Sheirr said the WNBA has yet to set a deadline for interested parties to submit proposals.

“The WNBA recently adjusted the process a little bit given the immense interest in a variety of cities across the country, so they hired an outside firm, so we’re obviously working with them,” Sheirr said. “We have all the resources internally, so the city’s gonna play a part of that. But we’re in a good spot right now. We’re in a little bit of a holding pattern to see how they’re going to run this process.”

The Rockets’ bid will be entirely privately funded with Fertitta as the principal investor. Toyota Center is owned by the Harris County Sports Authority, but the Rockets’ lease stipulates that Fertitta has total control over the arena. Although the sports authority would have to sign off on a WNBA team at some point, the Rockets are firmly in the driver’s seat.

Nashville, South Florida, Philadelphia, Denver and Austin are among the other cities vying for a WNBA franchise. Most of those cities have been involved in the expansion process for months, if not years.

Fertitta acknowledged on Tuesday that the Rockets “came in a little late to the game,” but said he believes Houston is a strong expansion candidate because of the Rockets’ existing infrastructure.

[…]

“I felt like it’s time to step up, and the city of Houston deserves a WNBA team for all the young female athletes that live in the city,” Fertitta said. “Are we going to try to get it? Yes. Do I think that we’re in the top 50% just because of the strength of our NBA team and our leadership here? But it’s not an automatic. Do we want it? Yes, we’re going to put together a great bid.”

See here for the previous update. As the story notes, the cost of a WNBA franchise has gone up since the first expansion team was awarded, but it’s still well within his means. If he wants it, he can afford it. Whether we get it or not remains to be seen, but we ought to be genuine contenders. I’m rooting for him. The Press has more.

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Weekend link dump for September 29

“Parental Rights Face a Surprising Moment of Truth at the Supreme Court”.

“Immigrants are unsung heroes of global trade and value creation”.

“Elon Musk, from behind a massive army of bodyguards, now tweeting 150+ times a day”.

Lost was a very good show that just celebrated the 20th anniversary of its premiere. TV is what it is today in part because of Lost.

“Self-service kiosks at McDonald’s and other fast-food chains have loomed as job killers since they were first rolled out 25 years ago. But nobody predicted what actually happened.”

RIP, Eugene “Mercury” Morris, two-time Super Bowl-winning running back for the Miami Dolphins.

RIP, Kathryn Crosby, actor, singer, widow of Bing Crosby.

RIP, Dick Moss, lawyer who won the 1975 MLB arbitration cases involving Andy Messersmith and Dave McNally, thus ending the reserve clause and paving the way for free agency.

“That’s not hypocrisy, that’s consistency.”

“Nevertheless, the Harris-Walz agenda tilts heavily toward families just starting out. What’s missing is an equally robust set of ideas for families in midlife or nearing retirement. Gen X needs an opportunity agenda, too.”

“Even solar energy’s biggest fans are underestimating it”.

RIP, Zinetta Burney, trailblazing community activist and lawyer who founded the first African American female law firm in the U.S. and served for 15 years as a Justice of the Peace in Harris County. She was an icon, no question about it.

Hey Congress, you want to regulate AI, this would be a good place to start.

“Kmart, once one of America’s leading discount retailers, is closing its last full-size store in the mainland United States.”

“Sadly, by the way, there’s a lot of suburban women, a lot of suburban women that are like ‘listen, abortion is it, if I can’t have an abortion in this country whenever I want I will vote for anybody else.’ Okay, it’s a little crazy by the way, but especially for women that are like past fifty, I’m thinking to myself: I don’t think that’s an issue for you.”

“[Georgia’s new election] rules will almost certainly not hamstring the certification of Georgia’s electoral votes. And even if certification is delayed, such delays do not open up a legal loophole for Trump to overturn the election.”

“In a first, NHTSA proposed forcing car companies to limit the risk of pedestrian head injuries in a collision. If the proposal becomes law, models whose front ends pose excessive danger to people walking—think hulking SUVs and pickups—could no longer be legally sold. That would represent a major step toward addressing the soaring number of U.S. pedestrian deaths, which hit a 40-year high in 2021.”

“Beyond this, even if the hole is a genuine problem I keep wondering what people think we ought to do about it. On an individual level, sure, there are things that can help: therapy, self-help, meditation, religion, etc. But on a societal level? We’re just not going back to the 19th century.”

Remember the early aughts reality show Joe Millionaire? It really sucked.

If it’s not an official Netflix event, you should probably treat any so-called Bridgerton experiences” with great suspicion.

“The time to act is now. The millions of people who rely on your products everyday deserve to know how you will protect their privacy in the future and the steps you are taking now to mitigate against the potential harms should extreme and far-reaching restrictions on abortion care continue to be established. It’s not enough simply to make pro-choice promises to the press or to offer your employees the benefits all Americans should have access to.”

“Major League Baseball, to my immense disappointment, does not have a provision for drawing lots. But even if it did, we wouldn’t have seen it used.”

Wishing Tommy Kramer all the best.

Rudy Giuliani has been disbarred in Washington DC. There are a lot more lawyers from the effort to overturn the 2020 election who deserve a similar fate.

RIP, Dame Maggie Smith, legendary actor known for Downton Abbey, the Harry Potter movies, and so much more.

Posted in Blog stuff | Tagged | 4 Comments

Is the Texas Republican Party actually worried?

I hope so.

The Republican Party of Texas has vowed a “major investment” in South Texas legislative races amid ongoing criticism from county-level leaders over its fundraising and voter outreach efforts.

On Monday, the party announced a commitment to knock on more than 100,000 doors ahead of the Nov. 5 elections, with a focus on South Texas and other districts it considers competitive.

“This is a pivotal moment for Texas, and we are doubling down on our commitment to engage directly with voters across the state,” said Texas GOP Chair Abraham George. “We must work to expand our Republican majorities in the Texas Legislature and we have a clear path to do so.

The announcement comes amid ongoing concerns by some Republicans about the Texas GOP’s donor and voter outreach initiatives. Last year, the party recorded near-decade lows in fundraising, corporate donors and individual contributors. But the Texas GOP was able to weather those hits thanks to major donations from a handful of far-right oil billionaires who, along with former chair Matt Rinaldi, have sought to cleanse the party of its more moderate members.

Even so, the party’s finances have remained precarious. Ahead of its May convention, the Texas GOP had just five employees — compared to 50 at the same point in 2020, the last presidential cycle. Last month, the party reported that its 2024 convention ran roughly $600,000 over budget and resulted in a staggering, $382,000 loss. From mid-May until early September, the Texas GOP’s most important fundraising position was vacant. And in its last financial disclosure, from June, the Texas GOP reported having $2.3 million on-hand — $1 million less than at the same time in 2020.

The ongoing strains have prompted some county-level GOP leaders to question George, who said during his campaign for chair that the party needed a monthly, $1.5 million budget and more than 100 staff members ahead of the presidential election.

Since last week, at least 29 county-level party chairs have signed an open letter warning that the Texas GOP’s “grave and deteriorating” fundraising and voter outreach efforts could make some candidates vulnerable in November. Recent polling has found former President Donald Trump leading Vice President Kamala Harris by only 5 points — and that U.S. Sen. Ted Cruz is just 2 points ahead of U.S. Rep. Colin Allred. If sustained, that trend could jeopardize down-ballot Republican candidates in November, the letter said.

The Texas GOP’s “current cash on hand should allow it to financially survive through the Nov. 5 election, but it will not allow for much else,” the letter said. “Fundraising has evaporated nearly entirely. The current chair appears to be either unwilling or unable to raise major funds.”

The letter also demanded that the Texas GOP detail its efforts to expand mail voting. Absent a “well-funded, statewide” initiative, it said, “we will get destroyed in mail ballots which will narrow Trump’s margin, threaten Cruz’s re-election, and harm all of our targeted down ballot races.”

I would certainly like to believe that incompetence, lack of cash, and general backbiting between the state Republican Party and various county parties will lead to underperformance on their part, but:

1. Republican candidates still have crap-tons of money.
2. It’s not really clear to me how much the Republican Party of Texas is responsible for campaign efforts.
3. Greg Abbott has a better campaign machine at his disposal anyway.

As Democrats, we are used to seeing stories about various political people wringing their hands in public over the real or perceived weaknesses of some other politician or campaign. It can be hard to separate the personal grievances from the real issues. I have no idea how big a deal any of this is.

All that said, I do think that the Republicans here have gotten lazy and complacent, and don’t seem to recognize how far out of step they are with general public opinion. That’s not a problem for them until it is. I don’t expect the state to turn blue this year – that has been the surest bet in politics for a long time now – but I do think conditions are good for Dems to get uncomfortably (for them) close to winning. Whatever drove this story, I have to think there will be a lot more of it being publicly aired if that does happen.

Oh, and if they want to run a decent mail ballot operation, maybe they should start by getting their guy at the top of the ticket to stop demonizing voting by mail. Just a thought. Also, too, there are concerns about the Trump campaign’s ground game, which could have some overlap here. I don’t think the two are directly connected – the national stuff is mostly about swing states, as you’d think – but there is a correlation between national performance and state-level performance. Make of that what you will.

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

Court reform has to be about more than just SCOTUS

Exhibit A.

Texas Attorney General Ken Paxton returned to court on Thursday to press his case against the Biden administration’s workforce protections for transgender employees.

Texas’s lawsuit, filed in federal court on Thursday against the Equal Employment Opportunity Commission and the U.S. Justice Department, argued that the agency’s guidelines were unlawful and asked that the court permanently block them.

The EEOC’s guidance, released in April, seeks to clarify what constitutes harassment under federal law. It states that denying employees accommodations for their gender identity — such as by prohibiting an employee from using the bathroom of their gender identity or repeatedly and intentionally using a name and pronoun that is inconsistent with a person’s gender identity — is unlawful workplace harassment.

“Harassment, both in-person and online, remains a serious issue in America’s workplaces,” Charlotte Burrows, the agency’s chair, said at the time. “The EEOC’s updated guidance on harassment is a comprehensive resource that brings together best practices for preventing and remedying harassment and clarifies recent developments in the law.”

The Texas suit said that the guidance “purports to preempt the State’s sovereign power to enact and abide by its workplace policies” and raises the “forced choice of either changing their policies at taxpayer expenses or ignoring the Guidance and accepting impending enforcement actions and increased costs of litigation and liability.”

[…]

The lawsuit, which Texas filed along with the Heritage Foundation, a conservative think tank, is a continuation of Paxton’s legal challenges to the Biden administration’s gender-affirming policies. It is one of dozens of suits Texas has brought against the federal government since Biden stepped into the White House in January 2021, legal steps that seek to advance some of the highest-priority conservative issues of the day.

In July, U.S. District Judge Matthew Kacsmaryk rejected an earlier request by Texas that it block the EEOC’s May guidance without ruling on the merits of the request, saying the state’s challenge required a new complaint because it was filed against a new document. The lawsuit on Thursday was that new complaint, and Paxton’s latest effort to stymie the Biden administration’s agenda.

That was from last month, as is the next story. You know how it is, sometimes I draft a thing and then don’t get around to publishing it soon after because too much other stuff comes up. Anyway, as far as this goes, we have seen this movie before, and we know how it ends. The only questions are how long it takes, and whether SCOTUS will be bothered to do anything about it.

Exhibit B:

A Texas federal judge this month ruled that the Biden administration had acted unlawfully in interpreting Title IX to prohibit discrimination against LGBTQ students. The ruling preempts future action by the Education Department to prohibit discrimination in educational settings on the basis of sexual orientation or gender identity.

Judge Reed O’Connor’s Aug. 5 decision broadened an earlier ruling in June that struck down specific Biden administration rules intended to expand protections to LGBTQ students.

O’Connor, a President George W. Bush appointee, said the Biden administration overstepped its authority and that any new guidelines that expanded anti-discrimination protections to LGBTQ students would be illegal in Texas.

“To allow Defendants’ unlawful action to stand would be to functionally rewrite Title IX in a way that shockingly transforms American education and usurps a major question from Congress,” O’Connor wrote in his Aug. 5 opinion.

Not just what you did before, but anything you might do next. Another room service ruling from one of Ken Paxton’s pet judges.

Look, we all know that SCOTUS is a corrupt mess, the root of the problem, and in desperate need of being reined in. There are some proposals about there – Steve Vladeck is tireless on the subject, as is Elie Mystal – and most of them have a lot of merit. It’s just that as badly as SCOTUS needs reform, the problem goes way beyond it.

Right now, here in Texas, we have a handful of unqualified, thoroughly partisan, judges in name only who regularly make up the law as they see fit in service of Ken Paxton or one of his sponsors. There’s basically nothing that President Biden can do – or that President Harris will be able to do – that these guys won’t blithely bat away. On the flip side, when a non-corrupt district court judge makes a ruling that goes against Ken Paxton, the Fifth Circuit steps in and blocks or overrules it. The richest man in the world doesn’t have as many dedicated servants doing his bidding as Ken Paxton does.

If we ever want that to stop, it’s going to take sweeping, ruthless, unprecedented action by Congress and the President to clip some wings, set enforceable limits, ban the practice of hand-picking judges, and maybe just add a bunch more sane and normal people to the benches here for some balance. Most of President Biden’s appointees have been in blue states because of the archaic “blue slip” tradition, which gives red state senators veto power over the President’s choices. We cannot continue to be hamstrung by that, and as it’s just a tradition and not a law or even a Senate rule, it’s the easiest thing to do away with, if we make it a priority and put some effort into it. In the last conversation I had with Amanda Edwards before the Tuesday election, I said we need some Democratic members of Congress from Texas raising this issue, as part of the bigger picture. It’s a small part of the puzzle, but it’s a necessary start.

There are many, many things in Texas that need to be fixed. As discussed ad nauseum, most of those require winning more elections. But some of them could be done with reforming the federal judiciary. SCOTUS is a part of that, and I’m glad that it’s getting attention now. But it’s far from the be all and end all of it. Let’s work on fixing what’s here as well as what’s in DC.

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

PAC-12 sues Mountain West over exit fees

Realignment season keeps heating up.

The Pac-12 is suing the Mountain West over what it calls an unlawful and unenforceable “poaching penalty” that would cost the rebuilding conference more than $40 million for adding Boise State, Fresno State, Colorado State and San Diego State, according to a lawsuit filed Tuesday in federal court.

The antitrust complaint was filed in the U.S. District Court of the Northern District of California and is seeking a declaratory judgment by a judge.

“The action challenges an anticompetitive and unlawful ‘Poaching Penalty’ that the MWC imposed on the Pac-12 to inhibit competition for member schools in collegiate athletics,” the lawsuit said.

The Mountain West has exit fees of upward of $17 million for departing schools. Those fees can increase depending on how much advance notice a school provides, and are not at issue in the lawsuit.

The Pac-12 is challenging poaching fees that were put in place in the Mountain West’s football scheduling agreement for this season with Oregon State and Washington State, the only current Pac-12 members this season.

The fee starts at $10 million and increases by an increment of $500,000 for every additional school the Pac-12 adds from the Mountain West. With four already on board, the total is $43 million.

Mountain West Commissioner Gloria Nevarez said in a statement the Pac-12 agreed to the fees and acknowledged that they were essential to her conference members.

“The provision was put in place to protect the Mountain West Conference from this exact scenario. It was obvious to us and everyone across the country that the remaining members of the Pac-12 were going to try to rebuild,” she said. “The fees at issue were included to ensure the future viability of the Mountain West and allow our member institutions to continue providing critical resources and opportunities for our student-athletes. At no point in the contracting process did the Pac-12 contend that the agreement that it freely entered into violated any laws.”

The Pac-12 also extended invitations on Monday to Mountain West schools Utah State and UNLV.

Utah State was admitted Monday, according to the lawsuit, though the conference and school made it official Tuesday night with an announcement.

“Today marks another exciting step for the Pac-12 — and it’s just the beginning of phase two,” Pac-12 Commissioner Teresa Gould said in a statement.

There was still no word on UNLV.

See here for some background. The two remaining PAC-12 schools have some cash at their disposal because of the exit fees all of their departing brethren paid. That doesn’t mean they want to be taken to the cleaners. I’m sure there’s plenty in here to keep the lawyers busy.

As noted, the PAC-12 added a seventh member in Utah State. If ULNV accepts, they’ll be up to eight teams again, which makes them a Real True Conference per the NCAA. And it would put the poor MWC at six schools, below that threshold, and we know what that will mean. The PAC-12 tried and failed to lure four schools from the AAC to their fold; I presume some combination of geographic sanity and daunting exit fees from the AAC held them back. But now the MWC will surely be sniffing around – the initial story about the PAC-12 and the first wave of schools they picked off from the MWC suggested they might recruit from the FCS level as well, with Tarleton State and North Dakota State among the candidates mentioned – so we must brace ourselves again. I don’t know where exactly this all ends, I just know it’s not ending anytime soon.

UPDATE: The wheel will need to keep spinning.

Air Force and UNLV are expected to remain in the Mountain West Conference, sources confirmed to ESPN.

Both schools were incentivized to stay with significant financial packages made possible, in part, by the collective exit fees the conference’s five departing members — Boise State, Colorado State, Fresno State, San Diego State and Utah State — will be responsible for paying to leave for the Pac-12. Each school is expected to pay roughly $18 million to depart.

UNLV chose to remain in the Mountain West despite overtures from the Pac-12, and Air Force received heavy interest from the American Athletic Conference. With both pledges, the Mountain West stands at seven football-playing members and will need to add two more full members to meet the NCAA minimum criteria (Hawaii is only a partial member).

The decision from UNLV is a blow to the Pac-12, which was optimistic the Rebels would join the five other MWC schools in the new-look conference as it rebuilds from last year’s collapse. The Pac-12 is left with seven members and probably will have to turn its attention outside the Mountain West as the rest of the conference’s schools — Hawai’i, New Mexico, Nevada, San Jose State and Wyoming — are expected to sign binding agreements Thursday to remain in the conference.

I don’t know where the PAC-X and MWC go from here, or whether the AAC will continue to be in the mix, but something will be happening. Everything is written in sand.

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SCOTx rejects Paxton’s State Fair appeal

Game over, you lose.

Still a crook any way you look

The Texas Supreme Court denied a request by Texas Attorney General Ken Paxton to block a gun ban by the State Fair of Texas, meaning the fair will go forward this weekend with the gun ban in place.

Paxton’s emergency motion for temporary relief of the ban was denied by the Texas Supreme Court Thursday evening, one day prior to the opening day of the State Fair of Texas.

According to the court, Justice Blacklock filed an opinion concurring in the denial of the motion and Chief Justice Hecht and Justice Young followed suit.

On Tuesday, Paxton’s previous request to halt the gun ban was denied after Dallas County District Court Judge Emily Tobolowsky’s ruling to allow the State Fair of Texas to proceed with its policy.

The State Fair of Texas released the following statement after the decision:

“Howdy! The State Fair of Texas applauds the Texas Supreme Court’s ruling to deny the AG’s motion for emergency relief, thus allowing the State Fair to open the 2024 Fair tomorrow with its security policy as planned. We thank the Texas Supreme Court, Fifteenth Court of Appeals, and the Dallas District Court for their quick rulings ahead of the Fair. We look forward to Opening Day and providing a safe environment for our millions of fairgoers, as well as our staff, vendors, and volunteers.”

Paxton Friday said he will continue to fight enforcement of the gun ban after the Supreme Court of Texas ruling.

“Texans have a right to lawfully carry and the City of Dallas has no authority to contract their rights away to a private entity,” Paxton said. “This case is not over. I will continue to fight this on the merits to uphold Texans’ ability to defend themselves, which is protected by State law.”

Paxton escalated the case to the state’s highest court after being previously denied by the Fifteenth Court of Appeals and the Dallas District Court before that.

“The City of Dallas and the State Fair of Texas cannot nullify state law by banning firearms,” Paxton wrote.

The State Fair of Texas opens on Friday, Sept. 27, and will run through Oct. 20.

This gun ban comes one year after a shooting at the State Fair’s food court where three people were injured.

See here for the previous update. The concurring opinion by Justice Blacklock is here, and I strongly suggest you read it, as it looks to me like Blacklock is calling Paxton out for bad lawyering. Here’s his opening paragraph:

Remarkably, the State’s presentation to this Court takes no position on whether the State Fair of Texas, a private entity, has the legal authority to exclude patrons carrying handguns from the Fair. This may surprise many observers, given that the ostensible purpose of this litigation is to determine whether Texas law entitles law-abiding Texans to carry handguns at the State Fair despite the Fair’s recently enacted policy to the contrary. That is a very important question. It is a question on which both law-abiding handgun owners and the operators of the State Fair deserve a clear answer. It is a question to which further litigation may provide a clearer answer. But it is not a question answered—or even addressed—by the State’s emergency filings in this Court. This Court cannot possibly order the State Fair to allow handguns to be carried at this year’s Fair when the party seeking that relief does not even argue that Texas law obligates the Fair to do so.

He goes on for four pages taking apart the fact that Paxton sued the city of Dallas and not the State Fair, why even if he were completely correct in his assertions about what the city of Dallas may or may not do it wouldn’t force the State Fair to do anything, and more. Blacklock asserts that maybe if this case had gone to trial and received a verdict there might be enough facts for SCOTx to review and make a judgment, but given where they are now they just have no action to take. The lesson here is that sometimes when you call for room service, you are told the kitchen is closed.

To be sure, the Lege could rewrite the law to prohibit private entities like the State Fair from banning guns. I think even if that were limited to situations like this, where the entity in question is using public property, it would generate a huge fight that the pro-gun side might actually lose. Doesn’t mean Paxton or one of the more extravagant gun nuts in the Lege won’t try it. We’ll need to keep an eye on the bills that get filed. In the meantime, enjoy your (hopefully) gun-free day at the State Fair. The Trib, Reform Austin, and KERA have more.

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KP George indicted on charges of misrepresenting his identity

It’s a misdemeanor, but still. As a general rule, you don’t want “indicted” to be the verb in a sentence where your name is the subject.

Judge KP George

Fort Bend County Judge Kyle Prasad (KP) George was indicted Thursday on a misdemeanor charge of misrepresenting his identity during the 2022 elections, when George faced a challenge from Republican Trever Nehls.

George is accused of using a fake Facebook account called Antonio Scalywag to harm Nehls’ campaign and sway the election his way. Investigators earlier this month accused George’s former chief of staff and Precinct 3 commissioner candidate, Taral Patel, of creating the account and three others. Investigators say Patel used the Antonio Scalwag account to make it seem as if he was on the receiving end of racist and xenophobic messages.

Patel, who faces four felony charges of online impersonation in addition to four misdemeanor charges in connection with his alleged online activity, has so far ignored calls to end his campaign for commissioner. His name will remain on the November ballot as the deadline to withdraw has passed.

The indictment against Fort Bend County’s chief executive comes after the Texas Rangers earlier this month seized George’s cell phones after determining that he had, on at least two occasions, directed or helped Patel misrepresent Patel’s identity.

[…]

In a statement issued late on Thursday, George said he was disappointed in the charges and he has no intention of stepping down from his chief executive post.

“My office and staff will continue working tirelessly on behalf of our residents, ensuring that the County’s business moves forward without interruption,” George said. “I look forward to clearing my name and continuing the important work entrusted to me by the voters.”

George was booked into the Fort Bend County Jail on Thursday and released the same day on a $1,000 personal recognizance bond, which doesn’t require posting bail. As part of his release conditions, George was required to forfeit his passport. A court date has not been set in the case.

See here for the background. I’m going to outsource this one to Campos.

I don’t know what to make of this. I have been doing politics and campaigns longer than anyone in these parts. Being a Latino, for decades I have been out in the forefront taking on the racists, bigots and ignorant folks. We never pulled an Antonio Scalywag stunt like the one alleged in Fort Bend County. So sad. I hope it ends up being an honest mistake and not some act of political stupidity. Very bush league. Stay tuned.

“Honest mistake” does seem like the best possible outcome at this point. I don’t know what will happen from here, but Judge George needs to do some heavy thinking about his political future. The Chron has more.

Posted in Crime and Punishment | Tagged , , , , , , , , | 6 Comments

Another immigration nonprofit sues Paxton

He just can’t quit harassing them.

An El Paso nonprofit that provides legal services to immigrants and migrants has filed a lawsuit that attempts to block an investigation by Texas Attorney General Ken Paxton, who has increasingly targeted groups on the border that assist people seeking to enter the United States.

The federal lawsuit seeks to block Paxton’s efforts to obtain records from the El Paso-based Las Americas Immigrant Advocacy Center on the Biden administration’s efforts to provide legal immigration pathways to people from Cuba, Haiti, Nicaragua and Venezuela.

“Las Americas has been serving the communities of El Paso, New Mexico and Ciudad Juárez for over 37 years. Whether it’s assisting immigrant families and individuals seeking immigration relief and pathways, or reuniting a mother who was separated from her 3-year-old because of cruel anti-immigrant policies, we accompany the most vulnerable on both sides of the U.S./Mexico border. The attorney general’s attack against this work is troubling,” Marisa Limón Garza, executive director of Las Americas, said in a statement Thursday.

The lawsuit was filed Wednesday in U.S. District Court in El Paso.

“The Attorney General has served a Civil Investigative Demand (“CID”) on Las Americas, inquiring into and seeking production of information contained in client files and relating directly to the legal services Las Americas provides to its clients. Las Americas seeks nothing more than to carry out its mission to help vulnerable immigrants in need, and this baseless investigation threatens its ability to deliver these already limited legal services,” the lawsuit states.

[…]

Las Americas was founded in 1987 by Ruben Garcia and other co-founders of Annunciation House to provide legal services to Central American migrants fleeing civil wars.

The agency represented some of the earliest families that were separated by the Trump administration’s “zero tolerance” policy in 2017 and 2018.

Las Americas has sued the state of Texas and the Biden administration over border enforcement policies.

The nonprofit’s federal lawsuit said the Texas Attorney General’s Office served them with a civil investigative demand on Sept. 4, citing “an investigation regarding ‘fraudulent and deceptive legal representations and services.’”

The attorney general demanded that Las Americas turn over communications with federal immigration agencies regarding the Biden administration’s parole programs that provide legal immigration opportunities to people from Cuba, Haiti, Nicaragua and Venezuela. The demand also asked for Las Americas to provide documents on the assistance it provided to people seeking parole.

The deadline for compliance was Friday, Sept. 27, the lawsuit said.

As a result of the attorney general’s action, Las Americas is now telling clients that it cannot guarantee that their communications with lawyers will be kept confidential, the lawsuit said.

The lawsuit says the Attorney General’s Office is violating Las Americas’ First Amendment rights and asks the court to block Paxton from seeking the nonprofit’s records. The case was assigned to U.S. District Judge David Guaderrama of El Paso.

“We’re witnessing a disturbing pattern in Texas in which immigrant legal services and voting rights are under a coordinated siege by the Attorney General under the guise of protecting voter integrity. These actions are perpetuating a dangerous anti-immigrant narrative that is having a direct impact on Latino communities across our state ahead of a federal election cycle, threatening the power of our collective voice as Texans,” said Rochelle Garza, president of the Texas Civil Rights Project, which is representing Las Americas in the lawsuit.

See here for the previous entry. The Trib adds on.

Separatel, Paxton’s office joined 19 other attorneys general in filing a federal lawsuit in January 2023 that aims to stop the federal migrant sponsorship policy that is the subject of the Las Americas investigation.

President Joe Biden launched the program in December 2022 to discourage illegal crossings into the U.S. To be eligible under the program, an individual needs an American sponsor who will support them financially.

The policy has become a lightning rod among some Republican elected officials who have cast the initiative as an illegal mass-parole program.

More recently, the attorney general’s consumer protection division has targeted nonprofits whose missions are largely in opposition to his politics, an investigation by The Texas Tribune and ProPublica found. These organizations work on issues like immigration, gender-affirming medical care and fostering a diverse workplace.

Lawyers for Las Americas said Paxton’s probe into the nonprofit appears to be the first time the attorney general’s office has specifically cited the state’s Deceptive Trade Practices Act as the basis for an investigation of an immigration nonprofit.

This is the first such lawsuit filed in a federal court – the other four were filed in state court – and this is my best guess for why, since neither story questioned that. The obvious downside to that is that from here it will go to the Fifth Circuit Court of Appeals, a fate no one deserves. I’ll keep an eye on it.

UPDATE: That was quick, and unfortunate.

A federal judge on Friday denied a request from Las Americas Immigrant Advocacy Center to block a request that it turn over documents to Texas Attorney General Ken Paxton.

U.S. District Judge David Guaderrama of El Paso criticized Las Americas for waiting until the eve of the attorney general’s deadline for compliance before filing its request for a temporary restraining order.

“Plaintiff has informed the Attorney General’s office about the pending TRO Motion via email. Because Plaintiff filed the Motion so close to the September 27th compliance deadline, however, the Attorney General hasn’t had a reasonable opportunity to appear in the case and oppose Plaintiff’s request,” said Guaderrama, who was appointed to the federal bench in 2011 by President Barack Obama.

Las Americas hasn’t said whether it will turn over records to the attorney general by Friday as demanded in the request. A spokesperson for the nonprofit declined comment to El Paso Matters. The Attorney General’s Office didn’t immediately respond to a request for comment.

[…]

In his ruling, Guaderrama returned repeatedly to the last-minute nature of Las Americas’ filing. He said federal court rules discourage last-minute requests for temporary restraining orders because such actions create a disadvantage for defendants.

“Had Plaintiff promptly filed this lawsuit shortly after receiving the CID on September 4, 2024, the Court would have had plenty of time to make an informed ruling on Plaintiff’s TRO Motion. The Court could have set an expedited briefing schedule, given the Attorney General a chance to respond to Plaintiff’s arguments, researched and analyzed the governing case law, and ruled on the Motion in advance of the September 27th deadline. For reasons that Plaintiff hasn’t explained, however, Plaintiff instead waited until several hours after the courthouse closed on September 25, 2024 to file its lawsuit and move for a TRO — leaving only one full business day between the Motion’s filing date and the September 27th deadline,” Guaderrama wrote.

Not sure what comes next. To whatever extent this might be relevant to your life, make a note of that.

Posted in La Migra, Legal matters | Tagged , , , , , , , , , , , | Comments Off on Another immigration nonprofit sues Paxton

Get ready for a lot more Allred and Cruz ads on TV

Keep the remote nearby so you can hit “mute” as needed.

Colin Allred

U.S. Senate Democrats are sending millions to Texas in a new round of investments to unseat Sen. Ted Cruz, the Democratic Senatorial Campaign Committee announced Thursday.

The DSCC will include Texas in a “multimillion dollar” push to fund television ads on behalf of U.S. Rep. Colin Allred, D-Dallas, who is challenging Cruz. The investment will also target Sen. Rick Scott in Florida, the party’s other major flip target.

“Senate Democrats are expanding the map and going on offense,” DSCC Chair Sen. Gary Peters said in a statement. “All cycle long the DSCC has been preparing to take advantage of Sens. Cruz and Scott’s damaged standings in their states – and now our efforts in Texas and Florida are accelerating.”

The DSCC named Texas and Florida as its top flip targets earlier this cycle, including Texas in a $79 million ad reservation and funding staff in the state. But the group has so far put protecting its vulnerable incumbents at the top of its to-do list. Democrats need to defend several difficult seats this year in Republican or swing states to maintain their majority.

The investment is a critical sign of the national party’s support for a state whose Democrats have long languished on their own. The DSCC’s inclusion of Texas in its earlier ad reservations and staffing showed potential in Allred’s chances. A later-cycle investment like Thursday’s confirms the party remains committed and is taking Texas seriously — a shift from past cycles.

Texas’ Senate race is also likely to be one of the most expensive in the state’s history. Cruz predicted up to $100 million to $150 million being spent on the race.

The DSCC’s investment could also signal to other groups to put their money in the state. The Senate Majority PAC, the party’s primary super PAC for Senate race, has yet to announce any investments in Texas, though it could still send money as Election Day approaches.

A few thoughts…

– If I were in charge of these things, I’d have put some of this money in at the beginning of the race, to help with voter registration and build volunteer networks and design and execute ground strategies, that sort of thing. I’m sure spending a bunch of money on TV ads in the last few weeks of the campaign will have some effect – I’m not a campaign professional, I can’t tell you what the return on investment of either this strategy or the one I proposed is, but I don’t think it’s the most efficient or effective means available.

– One might also suggest that the Kamala Harris campaign get in on this act, if only to boost her chances of having a Senate with a Dem majority next year. Allred as we know has often run ahead of Harris in the Texas polls, with Cruz running behind Trump, so it’s reasonable to think that improving Harris’ performance would also benefit Allred. We got another poll with that dynamic this week; you have to read the poll’s executive summary to see the Presidential numbers. I continue to find all of this polling data a little weird and unexpected, and I won’t be surprised if in the end Harris outruns Allred and Cruz outruns Trump, but this is the data we have right now.

– For what it’s worth, some national publications had been calling on Dems to do exactly this, invest in the Texas and Florida Senate races. I wouldn’t say they made this happen, but they did have good timing.

– I don’t know how much and what kind of TV you watch, but most of the Ted Cruz ads I see are during football games (both college and NFL), while Colin Allred has been a regular presence during The Bachelorette and The Golden Bachelorette. Make of that what you will. Also, Ted Cruz ads during live sports are the worst, which is why I advise keeping the remote nearby. I can usually hit “pause” by the time the “I’m Ted Cruz and I approve this message” disclaimer is read. I take a breath, being glad to have avoided that crap, wait 30 seconds or a minute while reminding myself that all decent people loathe Ted Cruz, hit the “skip to the end” button, and get back to business.

Posted in Election 2024 | Tagged , , , , , , , , , , , , | 17 Comments

The students are leaving and they’re not coming back

Down, down, down

Houston ISD is on track in 2024-25 to see its largest single-year enrollment loss since the pandemic, with the majority of student departures coming from campuses overhauled under a controversial new model implemented by state-appointed Superintendent Mike Miles.

Records obtained by the Houston Landing show HISD enrolled about 173,900 students in the fourth week of this school year, down from 182,500 at the same point last school year.

The 8,600-student decline equals roughly 5 percent of the student population. If the enrollment trend holds through late October, when Texas schools take their official enrollment tallies, it would top the 3 percent decline seen in 2023-24, the steepest in recent years.

HISD typically continues to add more students through September and October. Last school year, for example, HISD’s enrollment eventually reached 184,100 by late October, up about 1,600 students from the fourth week of school.

If HISD follows similar trends this year, its final count would total roughly 176,000 — the lowest level in at least a half-century, according to various historical reports. The drop marks the fifth consecutive year of an enrollment skid in Texas’ largest district and continues a nearly decade-long trend of student losses.

The numbers indicate the 130 schools in Miles’ transformation model — which aims to boost academics through new teaching practices, revamped curriculums and increased teacher pay — have lost about 5,300 children, or 7 percent of their enrollment, in the first month of classes. Eighty-five of those schools saw those changes last school year, while 45 were added to the overhaul in August.

Meanwhile, the 141 schools that have not been targeted for overhaul have so far lost about 1,500 students, or 1.5 percent of their total. A virtual charter school operated through a contract with HISD, which serves students across the state, accounted for the other 1,900 departed students.

[…]

The enrollment losses could hurt district finances, likely leading to at least $50 million less in funding. Texas primarily funds public school districts based on the number of students attending them.

HISD officials projected enrollment losses totaling about 4,000 students this year when they crafted their 2024-25 budget, which included slashing about $500 million, or one-fifth of the district’s spending on operations, due to an impending funding cliff.

Losing another 4,000-plus students could force HISD to find other ways to make up a larger funding gap, such as dipping deeper into its reserves or identifying additional budget cuts, such as staff layoffs. However, HISD has often underestimated its revenues or overestimated its spending in recent years, so it’s not immediately clear if students and staff will see an impact from lower-than-expected enrollment.

The data obtained by the Landing appear to confirm an early finding first reported by the Houston Chronicle, which showed HISD was about 9,000 students behind previous years’ enrollment milestones after the first week of school.

According to that Chron story cited by The Landing, HISD had projected enrollment of about 179K for this school year. The final total will creep up a bit from the 174K it is now, but it’s not going to get close to what the district thought it would be. The fact that the drop is greatest at the NES campuses sure says a lot. There are plenty of things about what Mike Miles is doing that we can debate. The one thing that seems clear is that a lot of people aren’t buying what he’s selling. What are we going to do about that?

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

Endorsement watch: Two good ones

The Chron gives an enthusiastic endorsement for a full term for the newest State Senator, Molly Cook.

Sen. Molly Cook

Maybe only an emergency room nurse could think that a 14-hour day working at the Capitol is easy.

That seems to be the case for Molly Cook, the energetic community organizer and public health advocate who is still juggling 12-hour nursing shifts while getting used to the very big shoes left by former state Sen. John Whitmire after he was elected Houston mayor. She took on an experienced lawmaker to win a special election and secured another victory in a crowded primary field. Now, Cook, 33, has hit the ground running preparing for the next legislative session beginning in January.

There’s just one more election to win before then.

That shouldn’t be a problem in the reliably blue Senate District 15. Cook’s really been running for the seat since 2021, when, as a political newcomer, she had the audacity to challenge the veteran incumbent. Her loss obviously didn’t deter her. The knowledge she gained campaigning prepared her for the next one and the next one.

She’s still doing the sorts of grassroots work she’s always done as a progressive activist focused on equity, transit and other issues. Only now she has a Senate staff to help. She’s still running on a nurse’s agenda, meaning she’ll use a public health lens, rather than ideology, to evaluate policy. And she said she’s already making good on campaign promises, meeting with senators and state agencies to begin crafting achievable, bipartisan wins as well as considering the more paradigm-shifting work she became known for while challenging the I-45 expansion and championing the voter-driven effort to get more equitable representation for Houston at the regional planning level.

“We’re taking a ‘yes, and’ approach,” she told the editorial board.

Even with her short tenure in the Legislature, voters in the diverse Senate District 15 should feel confident saying yes to sending her back to office in January.

I’m super excited to vote for Sen. Cook in November. I’m expecting big things (in the context of what any Dem can do in Dan Patrick’s Senate) from her.

A couple days before that, the Chron also enthusiastically endorsed Harris County Attorney Christian Menefee.

Christian Menefee

In 1979, the Hawthorn Park Landfill was only a few years old when Texas Southern University sociologist Robert Bullard was asked to study the distribution of solid waste facilities across Houston. Long before the advent of digital maps, they used pushpins to mark suspicious spots. Each time they found a hill, they investigated. Odds were, elevation in Houston was really a landfill. As their research showed, the odds were it was located in a Black and brown community.

More than four decades later, Harris County Attorney Christian Menefee confronted the legacy of that discriminatory pattern when he decided to challenge the Hawthorn Park landfill’s application to expand in Carverdale, a historically Black community on the northwest side of town.

“This is a matter of environmental justice. These folks’ health matters. Their quality of life matters. Enough is enough — we’re going to do all we can to protect them,” Menefee said at the time. The Republican county commissioner representing the area, Tom Ramsey, backed the Democrat’s actions.

When the company withdrew its permit application earlier this year, it was a cause for bipartisan celebration. And a reminder of what Menefee, 36, has managed to achieve since elected in 2020. He helped push the state’s environmental regulator to reconsider concrete batch plant permitting requirements, a win for communities plagued by the often noisy, dusty facilities. He worked on a safety record policy for construction companies working with the county and got unanimous support from Commissioners Court to do so. And he was part of big settlements, including leading the way on one for $20 million with e-cigarette company JUUL for marketing its products to minors, plus another $7 million from a vaping products company.

His Republican challenger criticizes Menefee for being a “firebrand.” Jacqueline Lucci Smith, an attorney and former civil court-at-law judge, told the editorial board she had concerns that Menefee was not neutrally representing his Republican clients the same way he did the Democratic ones.

“I think when you stand up and say that his job is very simple, it’s to ‘sue GOP officials,’ that’s polarizing,” she told us, paraphrasing from a speech Menefee gave at the Democratic party’s state convention.

She left out some important context:

Riffing on what Greg Abbott said about his job when he was attorney general — “I go into the office, I sue the federal government and I go home.” — Menefee told an audience in June: “I have a very simple job, one job. I sue Greg Abbott. I sue Ken Paxton. I sue Republican officials to defend our voting rights, to push for environmental justice and to protect Texans across our great state.”

Standing up to state officials, who at times have targeted the state’s largest blue county unfairly with their policies, doesn’t mean Menefee is shirking his job representing local Republicans in their county capacities. We haven’t heard the kinds of complaints Smith was raising echoed by others.

In fact, when we asked Republican County Commissioner Tom Ramsey about Menefee, he said, “We work well” together, though he cited the 2021 fight over redrawn precinct boundaries as a single exception and questioned Menefee’s interpretation of when commissioners could go into closed session.

The fact is, Menefee has proven himself a capable county attorney. When Commissioners Court had to decide whether to bring delinquent property tax collections in-house in 2022, they unanimously entrusted the role to Menefee’s office. He was able to cite several more examples of gaining bipartisan support and working in the best interest of his government clients, no matter their party.

Here’s a question for Jacqueline Lucci Smith: Do you think Ken Paxton neutrally represents his Democratic clients in Texas the same way he represents his Republican ones? Or is that only a concern in this race? I would also note that Menefee’s actions against the state are almost universally defensive in nature. The aggressiveness he has displayed was provoked, and it entirely appropriate in that context. We’re lucky to have him.

My interview with Christian Menefee from the primary is here, and my interview with Sen. Cook from the primary is here. I don’t generally re-do interviews for the general election, so go listen to those if you haven’t done so already.

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Dispatches from Dallas, September 27 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, more on Eddie Garcia’s departure from the Dallas Police Department and the resignation (ahead of the sack) of Fort Worth ISD Superintendent Angelica Ramsey. We also have election updates; the latest on the State Fair gun ban; Tarrant County jail business; protests in my neighborhood; a growth moratorium in the Dallas suburbs; the DART budget; connecting the dots on how a North Texas Nazi in trouble for threatening the DA in Nashville is linked to an old not-favorite; a Dallas home rental compay settles with the FTC for screwing over rentals; the manager of the shelter in Denton that euthanized a family pet against its own rules loses her job; and a professor at UTSW gets a major medical award for research that might improve my life.

This week’s post was brought to you by the music of Oneohtrix Point Never.

The biggest news this week in Dallas dropped as I was writing last week: Eddie Garcia, the much-courted chief of Dallas’ police department, was leaving. I knew we’d see more and here it is: he’s retiring from law enforcement (which gets him out of his implicit contract with the city of Dallas) and moving to Austin to work as assistant City Manager with T.C. Broadnax. The move blindsided the Council here. In an interview with the DMN, Garcia says it wasn’t the HERO initiatives on public safety that drove him out, and that he’d been thinking of retiring anyway, but it’s hard not to read between the lines that Broadnax’s departure to Dallas drove the change.

DMN also has an explainer about the DPD chief’s job and speculation about who could be next.

The biggest news in Fort Worth is that Angelica Ramsey, the superintendent of Fort Worth ISD is out after weeks of controversy around her tenure. She’s out next week, on October 1. The Star-Telegram has an explainer about the problems with the district: declining enrollment and the need to consolidate schools, poor test results compared to other districts, and Ramsey’s arrival during a change in reading instruction. They don’t mention the tax shenanigans in Tarrant County and the politicization of the appraisal district, but that can’t help on the money side either. The Star-Telegram also has an editorial asking when the FWISD board pays for its share in the district’s problems, which I suspect is not in the near term.

In other news:

  • Axios has a ballot explainer with the big statewide and North Texas races. The DMN has an explainer about the educational issues on the ballot: vouchers, free speech, school safety, and DEI bans.
  • As noted by our host, Rep. David Cook (R-Mansfield) seems to be the choice of most of the folks looking to boot Dade Phelan as Speaker. The Star-Telegram has the local view on the matter with a story misnaming/typoing the current speaker’s name as Dave.
  • This KERA article has some wild numbers about the True the Vote-driven effort to clear the voting rolls in North Texas. Just 11 people brought more than 15,000 challenges in Tarrant County this year. Collin County has had about 13,000 challenges this year, of which more than 12,000 came from one person.
  • As our host reported, Attorney General Paxton’s suit to get the gun ban at the State Fair overturned failed. He’s now appealing to the Texas Supreme Court. The State Fair opens Friday so by the time you read this post, we’ll have an answer. As a Dallas resident who would like to go to the State Fair this year, I’m hoping the ban stands.
  • Bud Kennedy, the sort of liberal columnist at the Star-Telegram, opines about the circular firing squad on the Republican side of the Tarrant County Commissioner’s Court around their voting site fiasco.
  • KERA has another attempt to explain ForwardDallas 2.0 and what people are so upset about.
  • The Fort Worth Report has a story about how the Tarrant County Appraisal District’s changes to tax policy are becoming a model for other counties. Bonus: they may be illegal, according to no less of a source than Sen. Paul Bettencourt, the former Harris County Tax Assessor-Collector.
  • That private prison in West Texas that Tarrant County was sending prisoners to? The one that had all the problems (which in the same breath as the Tarrant County jail, is saying a lot)? Tarrant County and the jail’s other customer, Harris County, have stopped using it, and it’s shutting down.
  • Speaking of the Tarrant County jail and its many problems, the family of Chasity Bonner, who died in the jail in May, are saying that the sherriff won’t close the case into her death so he doesn’t have to release her autopsy. They think Sherriff Bill Waybourn doesn’t want the autopsy out before the election, and he may be trying to run out the two-year statute of limitations.
  • Fort Worth’s Human Relations Commission has a LGBTQ advisory subcommittee and the City Council has opinions both against and for it.
  • The new chief of the Denton Police Department has the confidence of most officers despite reports of problems in her previous position in Pflugerville. Reading the article, it sounds like Pflugerville’s force was a boys’ club and didn’t like having a Hispanic lesbian chief diversifying their force. I wish Chief Robledo luck in her new job, which should be confirmed by Denton’s council on Friday.
  • You may remember that the DMN had an expose on the failure of the city to use lead abatement funds. Now the City Council wants answers. I rag on the DMN for their coverage angle a lot of the time but this is an example of the good community service journalism they do.
  • The Parks Department is getting pushed to keep pro-Palestine protestors from putting banners on the trail bridge over Central Expressway (75) not too far from where I live. This is not going to go well for a number of reasons, not the least of which is that any attempt to squelch pro-Palestine banners over 75 is also going to have to account for the way MAGATs have been dropping Trump banners from the Northwest Highway overpass for years with no interference from the cops. DPD is apparently monitoring the pro-Palestine protests and they’ve seen none of the malfeasance (damage, rock-throwing) claimed by the folks wanting the protestors stopped. Part of the concern is that the trail bridge is near Dallas’ Jewish Community Center and Jewish folks in the neighborhood are frightened by the protestors and the protests; there’s a legitimate clash of rights going on. Having said that, a sudden push to stop protestors dropping banners now raises free speech concerns. The alternative proposal is to put panels on the brand-new bridge and two other pedestrian bridges coming in the future to make it physically impossible to drop banners from the pedestrian bridges. That won’t keep folks from dropping protest banners, though: they’ll just do it somewhere else.
  • Last week Denton County had seven new West Nile cases in humans, bringing the 2024 total to 10. Stay safe out there, Denton friends.
  • A couple of weeks ago, during a football game between two high schools in Fort Worth ISD, students from one school yelled racial slurs at the cheerleaders from North Side HS, which is located in Fort Worth’s Hispanic north side. Now North Side students are pressing for action because nothing has been done. A previous article I’ve read about this matter suggested that adults should have stopped the game until the cheerleaders were safe. I’m admittedly not a football person but this seems pretty basic and something that the FWISD board should also look into.
  • This story boggled me even though it’s only common sense: Princeton, a suburb in Collin County, has paused all new residential developments because its infrastructure can’t keep up. The moratorium will last at least 120 days and may be extended. Princeton had about 17,000 people according to the 2020 census and its population has since grown to about 28,000.
  • The Dallas Free Press has an explainer about what happened to Malcolm X Plaza in South Dallas. Turns out if you want to help the neighborhood, you need to get their input on what they need and how they need it.
  • Dallas Area Rapid Transit’s budget for 2025 avoided service cuts but kept a hard line on spending. They’re going to discuss the problem of the suburbs cutting their contributions to DART in a future meeting. Meanwhile, the DMN has a pro-public-transit op-ed from the president of the Greater Dallas Planning Council, who correctly points out our highways are about built out and we need more ways to get people around. I’ve been watching Harris County have this fight for years now and I wish we didn’t have to have it in Dallas, too.
  • The Justice Department has alleged in a criminal complaint that a North Texas member of the “Goyim Defense League” threatened to lynch the Nashville (TN) District Attorney after violence at a Nazi protest in Nashville resulted in a group member’s arrest. The Nazi was in a profile of Nazis the Star-Telegram ran last August after a number of incidents where Nazi flyers were distributed around north Texas, including the Fort Worth Botanic Garden and the incident at Torchy’s in Fort Worth that helped unmask the connection between Nick Fuentes and Defend Texas Liberty, the Jonathan Stickland-run PAC financed by Farris Wilks and Tim Dunn. Never forget who these folks hang out with.
  • Dallas-based Invitation Homes, the largest landlord of single-family homes in the country, agreed to a $48 million fine from the FTC for illegal tactics against renters. The long list of their shadiness includes: deceiving renters about lease costs, charging undisclosed junk fees, failing to inspect homes before new residents moved in and unfairly withholding security deposits. The FTC is making them clean up their act a little. No word in the DMN story about whether this is enough to make Invitation actually behave or whether it’s just the cost of doing business.
  • TCU is getting a medical school. Let’s hope they’re more ethical than the UNT med school down the road that was renting out corpses from the Tarrant County morgue for cash.
  • What’s going on with the Dallas Black Dance Theater? KERA will catch you up on the unionization of the theater and the firing of the dancers. I’ve been noticing that DBDT has presentations in the arts centers coming up; I won’t be crossing that picket line.
  • You may remember the awful story last week about the family pet that was euthanized against the rules by the Denton animal shelter. The city has now fired the manager of the shelter, though they say it had nothing to do with the poor dog the shelter put to sleep. Apparently she also lied on her employment application and in interviews.
  • The Trinity River “trash wheel” that was supposed to clean trash from the river in Fort Worth is on hold because they’re out of money. Unsurprisingly, the price of materials has increased significantly since 2020. Worse, the project may have to refund money to some donors, so the $500,000 funding gap may grow.
  • St. Peter the Apostle Catholic Church in White Settlement has been given a relic of Saint Pio of Pietrelcina, who died in 1968. The relic is a bandage stained with blood from the wound on Saint Pio’s side after he manifested the stigmata. This is a subject that fascinates my inner medievalist.
  • Dr. James Chen, a professor of microbiology at UT Southwestern Medical Center, was awarded the 2024 Albert Lasker Basic Medical Research Award. Chen discovered an enzyme that appears to explain how our immune system knows to fight wayward DNA that gets into our cells. He’s getting a $250,000 honorarium, and the knowledge that Lasker recipients are often future Nobel winners. As an autoimmune patient, I feel like I’m also winning here, because this research could spawn medication and treatments that will make the rest of my life better.
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Some Bexar County polling

New pollster alert, checking in on Bexar County.

A survey conducted by the UTSA Center for Public Opinion Research suggests San Antonio residents are tepid about plans for a new sports complex for the San Antonio Spurs — a project that city and county leaders have been quietly discussing.

[…]

The survey tested the 2024 presidential race and found Vice President Kamala Harris (D) taking 53.4% and former President Donald Trump (R) taking 34.8% in deep blue Bexar County. Support for Harris was much higher than it was for President Joe Biden when UTSA conducted the same survey in June.

In 2020, Trump took 40% of the vote here, compared to Biden’s 58%.

“We see evidence of support for Democrat candidates surging among Bexar County voters, up and down the ballot,” Gervais said.

In the U.S. Senate race, Republican Ted Cruz (R) was taking 29.1% to Democrat Colin Allred’s (D) 44%. Statewide polling in this race has shown Cruz up between 3 and 5 percentage points in recent weeks.

The story actually says that Biden got 48% in Bexar County in 2020, but that’s an obvious typo. Links to the three (so far) UTSA Center for Public Opinion Research polls are here. To give some idea of how much things have changed since June, the numbers then were Biden 39.8% to Trump 36.0%; in the Senate race it was Allred with 36.8% and Ted Cruz with 30.7%. “Don’t know” was a significant portion of each group, which likely reflected a combination of “it’s too early for me to think about this” and “oh god, do I really have to?”. Suffice it to say things are different now.

Couple things to note. One is that “Don’t know” is still a significant group in each result, 10% for the Presidential race and 20% for the Senate race. If you extrapolate out – always a bit of tricky business – you get something like 59-38 for Harris and 56-41 for Allred. Both are improvements over 2020 – MJ Hegar beat John Cornyn 54.6 to 42.5 in Bexar County in 2020 – and as such augur well for November. That doesn’t mean that Harris will necessarily do better than Biden did in 2020 – I would expect plenty of the red counties from 2020 to perform better for Trump this year – but it’s only possible for Harris to outperform Biden if she is outrunning his performance in places like Bexar County. A necessary condition, if not a sufficient one.

Also, this is a poll where Harris and Trump outperform both Senate candidates, which makes it a little different from other recent polls. Again, don’t read too much into that – this is one poll, of one specific part of the state – I’m just noting it for the record. This group has one more poll in the works for October, so we’ll see what that one says. Probably fewer “Don’t know” responses, and probably most of them by then can be considered less likely to vote, but let’s not get ahead of ourselves. Texas Public Radio has more.

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

Cards Against Humanity against Elon Musk

We live in such strange times.

The game company Cards Against Humanity is suing Elon Musk’s SpaceX for $15 million, accusing the corporation that launches rockets from Texas of illegally trespassing on South Texas land and destroying property.

The lawsuit, filed in Cameron County, was posted on a website the company is using to call attention to the civil battle. The suit claims that SpaceX has used Cards Against Humanity’s once “pristine” property filled with wild grass and cacti and changed the entire dynamic of the area by using the land as a construction staging site. SpaceX acquired vacant lots along the same road as the property and has constructed buildings around the area. According to pictures included in the lawsuit, the property now looks like an unfinished worksite filled with machinery and piles of materials.

In 2017, Cards Against Humanity created a crowd-funding campaign, called CAH Saves America, to buy land that would block the construction of a border barrier former President Donald Trump vowed to build along Texas’ boundary with Mexico. As a part of the campaign,150,000 people paid $15 each to protect a piece of land along the U.S.-Mexico border and three miles away from SpaceX’s launch facility. Cards against Humanity now owns the property.

If Cards Against Humanity wins the lawsuit, it said it they will equally split the lawsuit’s net proceeds among all 150,000 of the contributors, up to $100 each.

“150,000 people gave us their hard-earned money, and in exchange we vowed to protect this land from racist billionaires and their dumb vanity projects,” the company said on their website devoted to the lawsuit.

As the story notes, and as we have seen elsewhere, plenty of people have expressed concerns with how Elon Musk and SpaceX do their business. I would not have guessed to include Cards Against Humanity in that group, but as noted we live in strange times. I wish them well and look forward to seeing what the courts make of this. Texas Public Radio and the Chron have more.

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

City reaches collective bargaining agreement with HOPE

Good.

Mayor John Whitmire

Houston municipal workers will get raises of 12.5 percent over three years under a tentative contract announced by the mayor and union officials Monday.

Under the proposal, all employees will receive an additional $116 per pay period, about $3,000 more a year. The contract will raise minimum pay each year and increase base wages for all eligible employees by 3.5 percent in the second and third years.

Houston Organization of Public Employees, or HOPE, represents more than 13,000 city workers in departments ranging from the 311 call center operators and library employees to Solid Waste and Public Works crews.

“This is the biggest raise we’ve ever gotten,” Sonia Rico, HOPE president, said after the news conference announcing the tentative contract.

The city did not put an overall price tag on the contract Monday, but Mayor John Whitmire said the first-year raise already is calculated into the fiscal 2025 budget.

The minimum wage for city workers will be $16.75 per hour. That will increase to $17.25 an hour in the second year of the agreement and $18 an hour in the third.

The union endorsed Whitmire for mayor last year as the “worker friendly” candidate, and Rico said she worked tirelessly to help with his campaign.

“He understands the importance of having a union, and that’s big for us,” Rico said after Monday’s news conference announcing the tentative contract.

A majority of union members and City Council must sign off on the agreement before it is enacted.

Good for them. We’ll be hearing from the Mayor soon about his magic fix for city finances. I’d be a little concerned as a non-police or fire employee that the budget cuts he keeps talking about will mean layoffs and hiring freezes and the like. We’ll know in a few weeks. The Chron has more.

Posted in Local politics | Tagged , , , , , , | 2 Comments

Texas blog roundup for the week of September 23

The Texas Progressive Alliance stands with the people of Springfield, Ohio (who among other things deserve to have a Senator that actually represents them) as it brings you this week’s roundup.

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Interview with Ruth Kravetz

On Monday you heard the case for the HISD bond referendum. It’s fair to say there’s a lit of loud opposition to the referendum, with most of that opposition coming from people and organizations that are normally big boosters of public ed and HISD and would be expected to be in favor of such a thing. Ruth Kravetz and Community Voices for Public Education are prime examples. Kravetz is a former teacher and education activist, one of the leaders of CVPE, a prominent voice in education advocacy in Houston. They are also leading critics of Mike Miles and the HISD takeover, and now of the bond referendum. If you’ve heard the phrase “No trust, no bond”, you’re hearing their message. We talked about that and more in the interview:

Next week I’ll be talking to the League of Women Voters and Harris County Clerk Teneshia Hudspeth about the challenges of this election and what to look forward to. As always, let me know what you think.

PREVIOUSLY:

Erica Lee Carter, CD18 special election
Sylvester Turner, CD18 general election
Lindsay London, Amarillo Reproductive Freedom Alliance
Plácido Gómez and Dani Hernandez, for the HISD bond

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One “Trump Train” defendant found liable

The rest were cleared.

An Austin jury cleared all but one of six Donald Trump supporters who were accused of breaking federal law when they surrounded a Joe Biden campaign bus driving down a Texas highway days before the 2020 election.

The seven-person jury, which deliberated for most of Monday, said just one of the defendants, Eliazar Cisneros, violated the Ku Klux Klan Act of 1871 when the so-called Trump Train — a monicker for caravans to show support for the former president — drove up to the bus as it traveled north on Interstate 35 between San Antonio and Austin on Oct. 30, 2020. The group, which included dozens of vehicles on the highway that day, forced the bus to slow to a crawl.

Cisneros was ordered to pay $30,000 in punitive damages to the plaintiffs and $10,000 in compensatory damages to the bus driver, Timothy Holloway. Cisneros’ lawyer asked the judge to throw out the decision after it was announced. If the judge rules against Cisneros, he can appeal the jury’s decision to the Fifth Circuit Court of Appeals.

Both plaintiffs and defendants claimed Monday’s verdict as a victory.

[…]

“Each of us really had one interest at heart, and that was making sure that in elections going forward, people will understand that it is not acceptable to intimidate, harass and threaten people who want nothing more than to express their right to support the candidate of their choice,” said former state Sen. Wendy Davis, who was one of the plaintiffs.

Christina Beeler, a lawyer for the Texas Civil Rights Project, which helped represent the plaintiffs, said they were pleased the jury awarded punitive damages, which sends “a message to the public that threats, intimidation and violence have no place in American elections.”

“Today’s verdict is a win for our clients, and it’s a win for American democracy,” she added.

See here for the previous update. That was a pretty quick verdict, so I’d guess it wasn’t terribly contentious. I would of course have liked to have seen all of the defendants be held liable, but at least they didn’t all get away with it. Now I would like to see some respected legal analysts take a look and this case and tell me if they think this verdict was good, bad, or indifferent. I mean, I do recognize that a lawsuit based on a Reconstruction law may be a bit of a stretch; surely, we have no muscle memory for that sort of thing. But I’m not the expert, and that’s why I’d love to hear from some of them. A full statement from the plaintiffs is beneath the fold, and Reform Austin has more.

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Appeals court rejects Paxton in State Fair gun case

Good.

Howdy, folks

A Texas court of appeals has denied the request by Texas Attorney General Ken Paxton to block a gun ban by the State Fair of Texas. The fair will go forward this weekend with the gun ban in place.

The request was denied by the 15th Court of Appeals in Dallas County on Tuesday afternoon. This came after Dallas County District Court Judge Emily Tobolowsky’s ruling Thursday allowing the State Fair of Texas to proceed with its policy.

“The State Fair of Texas applauds today’s unanimous ruling by the Fifteenth Court of Appeals,” the State Fair of Texas said in a statement. “The State Fair believes our new weapons policy is within the law and we look forward to welcoming fairgoers on Opening Day of the 2024 State Fair.”

In a post on X following the ruling, Paxton said he would be challenging the decision immediately in the Texas Supreme Court.

“The City of Dallas and the State Fair of Texas cannot nullify state law by banning firearms,” Paxton wrote.

See here and here for the previous updates. Some stories like this one from the Statesman suggest that this court’s ruling, its first of any interest, is “an early sign of the court’s independence”, despite its creation as a workaround to the now mostly Democratic appellate courts around the state. I’m not willing to go anywhere near that far on one no-comment order, but it is nice to see a Republican panel not give Ken Paxton room service treatment. Now we’ll see what the Supreme Court does, as he will surely appeal again. The Trib, Texas Public Radio, and NBCDFW have more.

Posted in Legal matters | Tagged , , , , , , , , , , | 4 Comments

Paxton appeals State Fair ruling

As expected.

Howdy, folks

Days before the State Fair of Texas is set to begin, Texas Attorney General Ken Paxton is again seeking to block enforcement of the fair’s new policy banning most people from bringing guns to the fair this year.

Paxton on Friday filed a motion in the Court of Appeals for the 15th Judicial District seeking to block enforcement of the policy pending his appeal of Dallas County District Court Judge Emily Tobolowsky’s ruling Thursday allowing the State Fair of Texas to proceed with its policy.

The court requested a response to Paxton’s motion seeking to block the policy by noon Tuesday. The State Fair of Texas begins Friday, Sept. 27 and runs until Oct. 20.

“The City of Dallas and the Texas State Fair are not above the law, and we are seeking emergency relief to uphold Texans’ Constitutionally-protected Second Amendment rights,” Paxton said in a statement. “The State Fair’s policy—by which law-abiding citizens could not defend themselves—does not make the environment safer, it merely gives an advantage to criminals looking for victims.”

Paxton had sought a court order against the State Fair of Texas and the city of Dallas to block the enforcement of the gun ban. Dallas County District Court Judge Emily Tobolowsky denied Paxton’s request for an injunction Thursday. Following this denial, Paxton filed a notice of accelerated appeal.

In response to Paxton’s court filing giving notice of his intent to appeal, the State Fair of Texas in a statement said they maintain the policy is the “right decision.”

“We anticipated an appeal, but continue to maintain this policy is the right decision moving forward to ensure a safe environment and family-friendly atmosphere. The State Fair of Texas will continue to prioritize safety,” the statement read.

See here for the previous update. As noted elsewhere, this will be the first real case for the new 15th Court of Appeals and its three Abbott-appointed justices. Feel free to speculate about how politics might possibly be a factor in their deliberations. They will have to move fast, so expect a ruling probably by tomorrow. CBS News has more.

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The yarn-based activists against the HISD bond

I don’t know how big this group is, but they are visible.

Jessica Catrett sat cross-legged on the grass beside Sophie Grace-Rojas, a Project Chrysalis Middle School student, with bundles of yarn on a breezy Sunday morning outside the Houston Federation of Teachers’ office.

“Alright, so now you’re going to yarn over and pull it through those two,” Catrett said, pointing to mimic the movement above Grace-Rojas’ gold crochet hook.

“You got it,” Catrett said, as the sixth grader slowly pulled the pink section of her rainbow yarn to tack on another stitch. “It just takes some practice to get the mechanics of it down. But yeah, definitely if you make your first row kind of loose, it does help,” Catrett explained with a nod from Grace-Rojas. “And then you can get a little tighter as you go further.”

About eight adults and nine children gathered, the youngest enjoying Popsicles, to create signs protesting Houston ISD’s state-appointed leadership. Grace-Rojas was one of several children who learned how to stitch or crochet. Colorful signs of yarn declaring “NO BOND UNDER MILES” and “SAVE HISD” lay unfurled on the grass, ready to be propped up for display with PVC pipes outside the teachers union’s office.

Houstonians might recognize these signs that are sprinkled around the city in front yards and at location such as Antidote Coffee in the Heights, Black Hole Coffee in Montrose, Texas Environmental Justice Advocacy Services in the East End, and CLASS Bookstore near Texas Southern University. The group Houston Stitching Together protests HISD leadership and an upcoming $4.4 billion bond on the November ballot, which some people say they will not vote for without improved transparency from district leadership. The collective’s meetings have become a space for people of any skill level to craft, learn to craft, and get to know one another.

The effort is a cathartic way for people to talk about the takeover’s effects, parent Jae Park said. An avid crafter, she joined the initiative early.

HISD community members responded online to photos of their signs and felt supported, she said.

“And then I think that feedback encouraged us to just kind of keep going and create,” Park said.

The embedded photo is an example of their work near my house, at Antidote Coffee. It’s a pre-dawn picture, so the background is a little dark but you can see what they’re saying. I don’t want to oversubscribe to a movement based on a small number of passionate and visible people. They can and often do punch above their weight, but there’s gonna be close to a million votes in this HISD bond election. You’re going to have to do a lot of crafting to get your message out in front of that many people. I do consider this to be solid evidence of the energy on the “no trust, no bond” side of the equation, and that’s a small part of the reason why I’m skeptical of any poll that doesn’t at least show a close race (and I’m skeptical of those other polls, too).

While the pro-bind side has some great spokespeople – listen to yesterday’s interview with Trustees Plácido Gómez and Dani Hernandez to hear what I mean – I haven’t seen any sign of a campaign from them yet. They’ve already got a lot of ground to make up, and not a lot of time to do it. There’s a lot more to this story so go read the rest.

Posted in School days | Tagged , , , , , , , , | 1 Comment

Endorsement watch: Still catching up

A couple of endorsements of interest for you. First, the Chron stuck with incumbent Sheriff Ed Gonzalez.

Sheriff Ed Gonzalez

A routine inspection of the state’s largest jail really shouldn’t garner headlines. Meeting “minimum safety standards” should never be cause for celebration for a facility designed to house thousands of people who, under the law, are innocent until proven guilty of the criminal charges they’re facing.

Yet when the Texas Commission on Jail Standards delivered a certificate of compliance last month to the Harris County Jail, it was hailed by Sheriff Ed Gonzalez as “an important achievement,” a reflection of how low the jail’s standards sank during Gonzalez’s second term. It was the first time in two years that the jail passed its four-day inspection, a hopeful sign that Gonzalez has finally begun to root out a culture of violence and inhumane treatment that has turned the facility into one of the deadliest jails in the state.

For Gonzalez, 55, the timing of the jail certification was fortuitous. He is running for a third term as county sheriff, a point at which even popular politicians begin to wear out their welcome. Gonzalez, a Democrat, is a former homicide detective, hostage negotiator and District H City Council member. He is generally well-liked and seems to strike that difficult balance between crime fighter and compassionate reformer. Yet naysayers, including but not limited to his Republican opponent Mike Knox, contend that Gonzalez lacks fire and a sense of urgency, particularly regarding his stewardship of the jail.

“We’ve seen rapes in the jail, we’ve seen drug dealing in the jail, we’ve got lawyers importing drugs,” Knox told us during our endorsement screening last week with Gonzalez. “I think that’s primarily due to the lack of supervision. That is, the policies within the sheriff’s department are not bad policies; they’re just not being enforced.”

He has a point. While Gonzalez doesn’t have any control over who comes into the jail and how long they stay there, he has failed to create a safe environment for detainees and guards.

[…]

Gonzalez pointed to mitigating circumstances beyond his control which have made it difficult to bring the jail population down. The combination of Hurricane Harvey in 2017 and the COVID-19 pandemic, he says, “brought the near collapse of our local court system,” snarling cases and trials for months, and creating a massive backlog of felony cases that contributed to an uptick in crime. An enormous population of mentally ill defendants has turned the jail into one of the largest mental health facilities in the state, despite having a staff largely unqualified to care for them. A 2023 Houston Landing analysis found that 60% of the people who died of unnatural causes in the jail over the past decade had “documented mental health concerns.”

Amid all of these challenges, Gonzalez can still point to real signs of progress. In-custody deaths have decreased in the past two years, from 27 in 2022 to seven so far this year, and Gonzalez noted there are fewer suicides than at any other point in his tenure. He was able to secure 12% pay raises from Commissioners Court last year for jail staff, and poured $20 million into filling vacancies, which have declined from 180 to 139 over the past three months. To improve transparency and accountability, Gonzalez pushed for the county to fund body cameras, the first jail in the state to require officers to wear them.

“It’s been a long road, it’s been a challenging one,” Gonzalez told us. “We’re currently in compliance and we’re going to continue to work very hard to maintain that and improve that.”

The Chron’s recommendation of Sheriff Gonzalez was partly based on the aforementioned progress and partly on challenger Knox’s policy positions and lack of knowledge. I intend to interview the Sheriff in the coming weeks, so I hope to be able to talk about this stuff.

The Chron also endorsed challenger Melissa McDonough over first-term CD38 Congressman Wesley Hunt.

Melissa McDonough

The world needs more candidates like Melissa McDonough. Not only is the moderate Democrat willing to wage an uphill battle for a congressional seat tailor-made for a Republican and currently represented by a Trump-endorsed Iraq War veteran elected in 2022 by 28 points. She assembled a focus group of Republicans, including her own pastor, to learn what exactly they were looking for in a politician.

The answers surprised her. They didn’t want all the talk about her background or qualifications or policy platform. They didn’t want talk about Hunt’s missteps, including those that have led to a formal ethics investigation. They wanted action.

“What we discovered in our Republican focus group is just: ‘Tell me you’re gonna get it done and go do it,'” McDonough told the editorial board. “‘Just tell me you’re going to fix this. You’re going to work diligently on it, and it’s going to be your full-time job.'”

With that simplified message, McDonough, 52, a Realtor from Tomball, says she has attracted many Republicans to volunteer for her in a district gerrymandered to include urban neighborhoods within the 610 Loop such as River Oaks and cities on the outskirts of Harris County such as Cypress. It’s a “purple” coalition bound by commonsense positions on issues such as reducing gun violence by passing legislation to supply safes to gun owners; improving access to health care by using federal dollars to fund health clinics in public schools; and even — to her surprise — abortion, where she’s appealed to voters who care about bodily autonomy and understand that the procedure is sometimes necessary to save the life of a mother.

McDonough says her pastor told her: “‘Melissa, this is a needle and a little hole you’re trying to thread. And I’m like, ‘I know, but we can do it, and it can happen, and it is happening.’ So I love that we’re able to bring these purple solutions and just keep going with it.”

It helps McDonough that Hunt, 42, has had a rocky first term in office. While he’s an active surrogate for Donald Trump, crisscrossing the nation to appear at his rallies and even getting a coveted speaking slot at the Republican National Convention, he appears to be less active as a legislator. According to GovTrack, a nonpartisan database that monitors Congress, Hunt has missed more than 16% of roll call votes, far worse than the median of 2% among current representatives. Hunt, who did not meet with the editorial board, occasionally reaches across the aisle — he and Democratic U.S. Rep. Lizzie Fletcher have joined forces to push the Army Corps of Engineers to complete the study of an underground drainage tunnel system in Houston — but despite being a “rising star” in the House majority, only one of the eight bills he’s sponsored even made it to the floor for a vote. That one legislation — a technical bill regarding royalties on oil and gas production — was signed into law this month.

You can listen to my interview with McDonough from the primary here. Rep. Hunt also has some possible ethical issues, which the editorial notes. Let’s be clear that his “rising star” status doesn’t have anything to do with mundane things like passing bills – it’s all about media appearances and brand building. He’s a strong favorite to be able to keep doing that, but it would be nice to see his margin of victory get knocked down a bit. I’m necessarily skeptical of the “Republican focus group” stuff, but as is often the case I’ll be delighted to be proven wrong.

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Interview with Plácido Gómez and Dani Hernandez

This week we are talking about the HISD bond referendum. We’ve already had plenty to say about this referendum, whose level of public support is unclear because of the questionable polling that’s been done so far. There are plenty of questions about this referendum – what it would do, how much it would cost, what it might mean for affected schools, whether we can trust that the funds will be well used – and I’m going to do what I can to address them. To discuss the merits of the bond and why one might consider supporting it, I have a conversation with elected HISD trustees Plácido Gómez and Dani Hernandez, the latter of whom served on the Comminity Advisory Committee for the bond. I hope this will address some of your questions about the bond.

I will publish an interview with Ruth Kravetz with Community Voices for Public Education on Wednesday with an opposing view. Let me know what you think.

PREVIOUSLY:

Erica Lee Carter, CD18 special election
Sylvester Turner, CD18 general election
Lindsay London, Amarillo Reproductive Freedom Alliance

Posted in Election 2024 | Tagged , , , , , , | 4 Comments

Some Republicans consolidate around one Speaker candidate

As is always the case, the field has narrowed.

Rep. David Cook

In the most concerted attack to date on Republican Texas House Speaker Dade Phelan from within the GOP House ranks, 48 representatives and nominees for House districts selected Rep. David Cook as their favored House speaker Friday. The group includes four who dropped their bids for speaker in order to consolidate support around a single candidate.

Cook, a two-term Mansfield Republican who announced his bid for Speaker earlier this month, became the self-described “reform-minded” group’s consensus pick after multiple rounds of voting. When he announced his candidacy, Cook committed to appointing only Republicans to chair House committees, considered a crucial pledge to far-right GOP leaders who feel Phelan has ceded too much power to Democrats by continuing the chamber’s long-standing tradition of naming members of both parties to lead the legislative panels.

“This vote highlights the growing momentum for change within the Texas House, as members rally behind a shared vision of a decentralized leadership model that empowers all members,” Cook said in a statement.

Fellow speaker challengers James Frank, Tom Oliverson, Shelby Slawson and John Smithee issued a joint statement supporting Cook following the closed-door meeting at the County Line BBQ in Austin.

“We have suspended our campaigns for speaker and urge all of our Republican colleagues to join us in voting for Representative Cook as the Republican nominee for speaker when the caucus meets in December,” they wrote.

[…]

Friday’s meeting among Phelan critics was an informal vote to consolidate support into one challenger. After House members are elected or reelected in November, the Texas House Republican Caucus, chaired by Oliverson, will meet in December to formally endorse their desired candidate for speaker.

“Not only are their actions disappointing and unacceptable, they are futile, as I proudly have the clear majority votes needed to be the Speaker today, and will have the clear majority support needed to become Speaker again come January,” Phelan said in a statement Friday morning.

It will take a simple majority of the entire House, 76 votes, to be elected House speaker at the start of the legislative session in January. But the rules of the House Republican caucus instruct GOP members to vote for the group’s endorsed candidate.

To garner that endorsement, one must have support from at least three-fifths of members. Right now, there are 86 members, putting that threshold at 52. It won’t be known until after the November elections how many House members will be Republicans next year.

Friday’s vote suggests that Cook could be in reach of hitting the necessary threshold. In addition to the 48 people who supported Cook Friday, The Texan reported that he has support from six others.

However, the group includes around 20 candidates who are running for House seats but do not currently serve in the chamber. Two, Steve Kinard and former Uvalde Mayor Don McLaughlin, are running in races for competitive seats currently held by Democrats.

See here for the previous update. You never know how a Speaker’s race will play out until it’s time to vote. There’s still likely to be some drama in this before all is said and done. The single biggest spanner that we can throw into the works is increasing the number of Dems in the chamber, which if nothing else should put a bit of a squeeze on the Republicans and get them to start blaming each other for their electoral losses. That has to actually happen, of course, so stay engaged and do what you can to get some of our top contenders elected. The Fort Worth Report has more.

Posted in That's our Lege | Tagged , , , , , , , , , , | 1 Comment

Fertitta to bid on a WNBA expansion franchise

Rooting for him to succeed.

Rockets owner Tilman Fertitta on Thursday confirmed his intention to bid on an WNBA expansion franchise, a step toward returning the league to Houston at a time the WNBA is setting ratings and attendance records.

Competition for a 16th WNBA franchise is expected to be robust, with Austin, Philadelphia, Nashville, Miami and Denver also expected to have groups vying to be awarded an expansion franchise. Houston and Clutch City Sports and Entertainment, however, could have an advantage with clear ownership along with fully staffed organization in place and control of an arena, Toyota Center.

“I have been in active conversations with the league about the opportunity to bring a WNBA expansion team back to Houston,” Fertitta said in a statement on Thursday. “There is such great excitement surrounding the WNBA and women’s sports, and with Houston’s passionate and dedicated fan base it makes us an ideal fit.”

Fertitta has also expressed interest in landing an NHL expansion franchise. Renovations underway at Toyota Center have included plans to make sure the arena remains hockey ready. NHL owners are expected to review expansion options in upcoming meetings.

“Tilman’s always looking for incremental programming for Toyota Center to deliver to the City of Houston, and the timing of the WNBA season with our robust concert and NBA basketball (schedule) fits very nicely into the arena calendar,” Rockets president of basketball operations Gretchen Sheirr said. “Separately, obviously a huge boom in the WNBA and women’s sports … it’s exciting to explore the opportunity to bring a WNBA franchise back to Houston.”

[…]

The WNBA on Wednesday announced that Portland was awarded an expansion franchise, to begin play in 2026, along with the previously announced expansion to Toronto.

The return to Portland marks the first time the WNBA will return to a city it had left. Though the Portland Fire did not have the success of the Comets, Portland has been a strong market for professional women’s sports. WNBA commissioner Cathy Engelbert indicated on Wednesday the league would be open to considering other cities it had left.

See here for more on Fertitta’s previously expressed interest in both the NHL and the WNBA. I have been pessimistic about Houston’s chances of rejoining the latter, but I will be delighted to be proven wrong about that. Portland and Toronto are teams #14 and 15 for the W; the Golden State Valkyries will be lucky number 13 and start play next year. Bidding for #16 is going to be more expensive than it was for those earlier teams, as the league is enjoying quite a bit of new and renewed interest. I’m hopeful for Houston’s chances. ESPN has more.

Posted in Other sports | Tagged , , , , , , , , , , , , , , , , , , | 6 Comments

Weekend link dump for September 22

“On Tuesday, Sept. 10, the Ultimate World Cruise made its final stop in Miami, returning to where it started. How do the passengers feel now that they’re returning to their normal routines? And what will they miss (or not) about their time at sea?”

“Fake food is always entertaining to look at and play with. I didn’t really have Hot Pocket experience, but it had a decent enough heft. It had a little bounce to it, so sometimes where it would go after it hit the wall was pretty funny. Trying to get the precision on that, when you hit it, you’re really proud of the smear — ‘Oh, that’s the one!’ That was fun.”

“Strikingly, one fifth of all Americans report having no access to any type of third place, whether commercial or public.”

“It has been a long 50 years, and as a guide to the American city, The Power Broker leaves us ill-equipped to confront and overcome the challenges that face us today.”

“What I am here to say is [on debate] night, Donald Trump was at the best any of us will ever see him again. This was the one place and time where he was meant to be prepared, coherent and presidential, where he was not surrounded by handlers, coddlers and sycophants. This was meant to be the one place and time where he was meant to keep his id and his ego in check, put voters and Americans first, and make a case for a second shot at the presidency. This was the one place and time where his worst and most self-indulgent impulses were supposed to be reined in. This was Trump on his best and most decent behavior, or at the very least, the best and most behavior he is capable of. We see how that went.”

““Every time I take care of a patient in this scenario, it makes me question why I’m staying here.”

“This is why Outside sent me to the park just a few weeks ago, during one of the busiest times of the year. They wanted me to observe our most basic tourists in the wild. Maybe I’d even get to see one die. Or, even better for my editors, maybe I would die while I was there. Maybe I’d look down my nose at the tourists around me only to end up as wolf food myself. Like most other Yellowstone visitors, I was not trained for the outdoors, I relish doing shit that posted signs yell at me not to do, and I often daydream about fighting bears (and winning!). I find danger tempting, which isn’t a good thing given that I can no longer swim a single pool lap without taking a break. Are people like me responsible enough to visit one of our national treasures without breaking it? Do we, as a population, know how to do national parks?”

RIP, Tito Jackson, Rock and Roll Hall of Famer, member of the Jackson 5, brother of Michael.

“Here are some reminders of the painful reality Trump wishes we’d forget”.

“More to the point, the reason the media spends a lot of time reporting on right-wing violence is because there’s a lot of right-wing violence”.

“However, both cases represent the conservative effort to dismantle existing federal protections for reproductive and sexual health in favor of entrusting the matter to individual states to control as they see fit.”

“The otherwise healthy 28-year-old medical assistant, who had her sights set on nursing school, should not have died, an official state committee recently concluded.”

“Just how many Haitian immigrants have moved to Springfield, Ohio, in recent years? It’s a question at the center of the new national discussion about the city’s resurgence and ensuing struggles to accommodate its new growth. There’s no definitive answer, but we can say this: Almost every estimate you’ve seen is wrong—and too high.”

“In today’s 21-18 loss to the Commanders, the Giants scored three touchdowns, allowed zero touchdowns, and still lost the game. It was only the second time in NFL history that a team lost while scoring three touchdowns and allowing none.”

About damn time Van Chancellor was inducted into the Houston Sports Hall of Fame. What took so long? Anyway, congrats the Coach Chancellor for this well-deserved honor.

“What Vance came up with is not only surprising but, if understood properly, far more damaging than Trump’s original statement. The Trump plan, according to Vance, is to permit insurance companies to discriminate against people with preexisting conditions.”

“That speaks, in a lot of ways, to the way in which abortion access really wasn’t perfect pre-Dobbs. There were a lot of obstacles to getting care, and one of the biggest ones was cost.”

“Scammers are flooding Facebook with groups that purport to offer video streaming of funeral services for the recently deceased. Friends and family who follow the links for the streaming services are then asked to cough up their credit card information. Recently, these scammers have branched out into offering fake streaming services for nearly any kind of event advertised on Facebook. Here’s a closer look at the size of this scheme, and some findings about who may be responsible.”

“In the past two months, Microsoft has observed a notable shift in Russian influence operations tactics reflecting the changing U.S. political environment. Specifically, we have observed Russia pivot towards targeting the Harris-Walz campaign, with actors disseminating fabricated videos designed to sow discord and spread disinformation about the new Democratic nominee Vice President Harris.”

“Federal judges were warned Tuesday to be extra-vigilant in their cybersecurity practices because foreign actors may try to interfere in election-related cases in the coming months.”

RIP, JD Souther, singer and songwriter who performed with The Eagles and wrote “New Kid in Town” and “Best of My Love”; also an actor best known for Thirtysomething.

“For-profit prediction markets are driven by people attempting to impose simple resolutions to complex real-world events, on behalf of people who are trying to extract as much money from the system as possible. To fully open up elections betting by supposing that the wisdom of the crowds will keep things thoughtful and steady is a dangerous bet all its own—and we already have examples that demonstrate this.”

“Federal Judge Aileen M. Cannon, the controversial jurist who tossed out the classified documents criminal case against Donald Trump in July, failed to disclose her attendance at a May 2023 banquet funded by a conservative law school.” As the story notes, it’s not the first time she’s failed to fully comply with the law on this.

“As Elon Musk increasingly weighed in on politics in the last several years, he used his massive following on his social media app X to repeatedly amplify content from a company that appears to be at the center of an alleged Russian covert operation to manipulate U.S. public opinion ahead of the 2024 election.”

Two words: Mark Robinson.
Two more words: Olivia Nuzzi.
Another two more words: Corey DeAngelis. If you don’t know who that is, you really will want to click. Beyond that, I got nothin’. What a damn week.

Okay, now for two good words: Shohei Ohtani. Holy crap!

Posted in Blog stuff | Tagged | 1 Comment

A curious thing about the polls of Texas

You’ve probably seen this headline by now.

Colin Allred

For the first time in their hotly contested campaign, a poll shows U.S. Sen. Ted Cruz, R-Texas, trailing challenger U.S. Rep. Colin Allred.

The Morning Consult poll, conducted between Sept. 9 and 18, places Allred — a moderate North Texas Democrat — a point ahead of Cruz with likely voters, 45% to 44%. Allred’s lead is within the poll’s margin of error, however.

Cruz is running for a third term in the Senate after narrowly defeating former El Paso Congressman Beto O’Rourke in a closely watched 2018 race.

However, this time around, he’s been targeted by Democratic groups, who consider his seat one of the most flippable in the Senate. He’s also running with additional baggage, including taking a family trip to Cancun while hundreds of Texans died in Winter Storm Uri, one of state’s worst natural disasters.

While Cruz has racked up consistent leads in recent polls, a recent roundup of survey numbers by The Hill shows him having trouble crossing the 50% margin — generally viewed as troubling news for an incumbent weeks before an election.

“For the first time in this race, a new poll has us leading Ted Cruz by 1 point. I don’t know about y’all but I’m fired up and ready to WIN!” Allred tweeted in response to the new numbers. “We’ve got 47 days, let’s do this Texas.”

It is of course great to get even one statewide poll of Texas result with the Democratic candidate leading. We got a couple in 2018 with Beto and a few more in 2020 with Biden; the end result didn’t match the polls, but at least it showed it was possible. I always look for more context when I see a poll result, and so I will provide that here for this one:

It would have been much nicer for this poll to also show Kamala Harris leading in Texas, but alas. We get what we get and we don’t get upset. My point in bringing this all up is that I’m seeing a trend in which polls of Texas show a Senate race that is at least as competitive as the Presidential race.

More specifically, these polls have been showing a Senate race in which Colin Allred does as well as Kamala Harris, but Ted Cruz lags behind Donald Trump. I should note that this was often (not always, but often) true when it was Biden versus Trump as well. Looking back at a few results from the 538 Presidential and Senate trackers:


Date     Pollster     Biden  Trump   Allred  Cruz
=================================================
June 9   UT/TPP          39     46       34    45
June 20  UT-Tyler        43     48       42    45
June 27  Manhattan Ins   41     52       43    46
July 1   UH/TSU          40     49       44    47


Date     Pollster    Harris  Trump   Allred  Cruz
=================================================
Aug 16   UH/TSU          45     50       45    47
Aug 22   PPP             44     49       45    47
Aug 29   Lake            43     51       43    47
Aug 31   UT/TPP          44     49       36    44
Sep 5    Emerson         48     51       44    48
Sep 18   M Consult       46     50       45    44

In all cases, when there were multiple results, I went with Likely Voter models and a two-candidate matchup, so no “RFK Jr” crap polluting the earlier results. In the four polls with Biden, Allred led Biden in two, trailed by one point in a third, and by five in the other. Cruz trailed Trump in all four, by one to six points.

With Harris, Allred led Kamala Harris in one poll, tied her in two, and trailed in three. Cruz again trailed Trump in all six polls. Allred’s deficit versus Cruz was smaller than Biden’s versus Trump in three of four polls, and smaller than Harris’ deficit versus Trump in four of the five polls where Allred trailed.

What is curious about this, at least to me, is that Trump was easily the worst performing Republican in Texas in each of his two prior campaigns. He won by 8.99 points in 2016, 52.23 to 43.24, while every other Republican statewide won by margins of at least 13 to 16. Wayne Christian (53.07) was the next lowest-scoring Republican, while Dori Garza (41.18) was the next highest-scoring Dem. In 2020, he won by 5.58 points, 52.06 to 46.48, while every other Republican was winning by eight to ten points; Nathan Hecht (52.98) and Tina Clinton (45.18) were the runnersup.

What if anything does that say about this year? I think third parties will have a smaller effect on the Presidential race than in the Senate race – this was also true in 2020, when third parties took about a point and a half for President and a bit more than two and a half for Senate – and since the bulk of that goes to the Libertarians, that could keep Cruz below the Trump line. Undervoting is a relatively small effect in the Senate race since it’s next on the ballot after President – there were 160K fewer votes for Senate in 2020 than President, out of over 11 million ballots cast. John Cornyn actually had about 70K more votes in 2020 than Trump, while MJ Hegar had about 370K fewer than Biden,

Which brings up perhaps the biggest potential factor. I tend to believe that variances in polls like these are mostly due to people who are not yet willing to say they’re voting for the candidate they will eventually vote for. But there are crossovers, as noted by the Cornyn total from 2020. It’s easy enough to imagine a Biden/Cornyn voter in 2020. The question now is, which do you think is more likely, the Harris/Cruz voter, or the Trump/Allred voter? History suggests the former, but I don’t know how sure I am about that.

That’s all based on gut instinct and vibes, not on anything empirical. I can imagine both the “Trump does better than Cruz” and “Cruz does better than Trump” scenarios. The former is almost certainly the path to an Allred victory, however probable you deem that. I’m going to need to see at least one poll with Harris leading to fantasize about that possibility. As I’ve said before, what I mostly want to see is Harris outperforming Biden, as that would not only make the “Allred wins” case more probable, it would also surely boost downballot Dems, specifically in the legislative races, where a couple of victories could mean an insurmountable obstacle for vouchers. I would love to dream bigger than that, but let’s start there and see where it takes us.

Oh, and if you’ve been pining for an Allred-Cruz debate, your wish has been granted. Put October 15 on your calendar and start stocking up on the popcorn.

Posted in Election 2024, The making of the President | Tagged , , , , , , , , , , , , | 2 Comments

Taral Patel and KP George

What a mess.

Judge KP George

Investigators believe Fort Bend County judge KP George coordinated with his former chief of staff, Taral Patel, in posting from fake social media accounts in 2022 to influence the outcome of an election, a new search warrant alleges.

Patel was indicted earlier this month for the creation of several fake Facebook profiles. Investigators believe he used these fake accounts to send himself racist and hateful messages to influence the outcome of the November election.

Patel is currently on the ballot for the County’s Precinct 3 commissioner’s race which covers Sugar Land.

A spokesperson for George could not be immediately reached for comments about these new allegations. As of Friday, no records indicate that George has been charged.

The warrant signed by district judge J. Christian Becerra on Tuesday calls for collecting any “cellular communication device” belonging to George. Investigators believe that on two occasions in September 2022, George did “solicit, encourage, direct, aid or attempt to aid” Patel to misrepresent his identity in campaign communications.

Through an analysis of George’s campaign Facebook account from May to October 2022, investigators found three collages citing a barrage of racist attacks he was getting online. Investigators were able to match some of the comments to the infamous ‘Antonio Scalywag’ account they believe belongs to Patel.

Reviewing phone records, investigators found texts from Patel seeking George’s permission to post collages of the alleged online attacks.

“Let me know if you approve, I’ll share this post.” one text read.

The texts also insinuate that George was aware that Patel was using fake accounts.

In June of 2022, Patel texted George: “They are just blowing up our social media. I will use fake accounts to counter them.”

George texted back “thank you…” according to the search warrant.

These posts from the Scalywag account came just weeks before George was up for re-election against republican Trevor Nehls. George won the election with 51% of the votes.

George, the first person of color to be County Judge in Fort Bend, was first elected in 2018.

2022 wasn’t the first time George raised awareness about an alleged barrage of hurtful and racist attacks he received on Facebook. In 2020, when Patel was his chief of staff, George posted another similar collage of racist and xenophobic comments directed at his Indian heritage. Patel’s involvement, if any, in these posts is unclear.

Patel is accused of creating at least six fake online personas that use the likeness of individuals without their consent. Investigators believe Patel impersonated District Judge Surrendran Pattel and a Fort Bend County resident.

There’s links to some earlier Houston Landing stories about the Taral Patel situation if you need to get some background. I like and respect KP George and I really really hope that he’s not involved in any of this. In a subsequent Chron story, he strongly criticizes the search warrant.

In a statement Friday, George said that he has complied with authorities and is considered a witness in the investigation into Patel’s alleged actions, not a target.

George said he was frustrated with the Fort Bend District Attorney’s Office and the Texas Rangers for issuing and executing the search warrant.

“While I respect the legal process and willingly complied with the search warrant, I must express my deep disappointment in how this event was conducted,” George said in the statement. “Had I been treated with courtesy and respect, I would have voluntarily surrendered the requested items in person to the Fort Bend County District Attorney’s Office.”

By issuing a warrant, George said, authorities have subjected him to public criticism.

“The aggressive and unnecessary approach used has fueled unwarranted speculation, led to public slander, and created an unsafe environment for both my family and me,” George said. “I have retained legal counsel to ensure my rights are fully protected throughout this process.”

The district attorney and the Texas Rangers had declined comment due to the ongoing investigation.

That’s good to hear, and I hope that this is indeed all that there is for him. Reform Austin and the Chron have more.

Posted in Crime and Punishment, Election 2024 | Tagged , , , , , , , , | 3 Comments

Jury deliberations begin in “Trump Train” lawsuit

Axiously awaiting a verdict.

A jury in Texas began to deliberate Friday whether the so-called “Trump Train” that surrounded a Biden-Harris campaign bus days before the 2020 election in a heated highway encounter amounted to political intimidation.

“This case is not about politics,” Robert Meyer, an attorney representing those aboard the bus, told the jury. “It’s about safety.”

The civil trial has spanned two weeks in a federal courthouse in Austin has included testimony from former Texas Democratic lawmaker Wendy Davis, who ran for governor in 2014, and is one of three people who was on board the bus and brought the lawsuit against six supporters of former President Donald Trump.

No criminal charges have been filed against the Trump supporters, who have argued that their actions during the convoy on Oct. 30, 2020, were protected speech.

Video that Davis recorded from the bus shows pickup trucks with large Trump flags slowing down to box in the bus as it tried to move away from the group of Trump supporters. One of the defendants hit a campaign volunteer’s car while the trucks occupied all lanes of traffic, forcing the bus and everyone around it to a 15 mph crawl.

During closing arguments Friday, Meyer argued that the defendants’ conversations leading up to the convoy about “Operation Block the Bus,” dissemination of flyers and aggressive driving met the criteria for political intimidation. Jurors also listened to several 911 calls from bystanders who were fearful that the convoy would cause a collision.

“This wasn’t some kind of peaceful protest,” Meyer said. “The bus swarmed on all sides.”

Attorneys for the defendants argued they did not intend to hurt anyone or scheme a plan for Democrats to cancel their remaining campaign events in Texas.

“There was no civil assault because there was no intent to hurt anybody,” attorney Francisco Canseco said. Canseco represents Eliazar Cisneros, who is accused of hitting a volunteer’s car that was following the bus.

The jury will have to decide whether the defendants made an informal agreement to intimidate, harass or injure the Democrats on the bus in an effort to suppress their political support of President Joe Biden.

See here and here for day-before and Day One updates for this trial, which took two weeks to complete. How long the jury will take, I have no idea. We could get a verdict on Monday, or it could drag out for days. In the meantime, there were several Chron dispatches from the trial, which I’m including here as a catch-up. I’ll be sure to blog about the verdict.

Bus driver says he felt ‘under attack’ during 2020 ‘Trump Train’ incident.

The driver of a Biden-Harris campaign bus told jurors Wednesday that he felt “under attack” when the bus was surrounded by drivers in a “Trump Train” on Interstate 35 in the run-up to the 2020 election.

Breaking into tears and at times struggling to speak, Timothy Holloway said he had a clenching feeling in his stomach and sweaty palms as he worked to stay calm during the incident, saying the “Trump Train” drivers forced him to slow down to speeds as low as 5 or 10 miles per hour.

“I was the captain of the ship. I was the pilot of the plane,” he said. “I don’t know what they’re trying to do.”

[…]

On the third day of the civil trial in federal court in Austin on Wednesday, plaintiffs’ attorney John Paredes questioned Holloway about how he responded when the bus he was driving was surrounded by dozens of Trump supporters in pickups and SUVs on Oct. 30, 2020, between San Antonio and Austin.

Holloway — who operates his own business as a bus driver and transportation broker —was driving the bus after it left a get-out-the-vote event in San Antonio, with stops planned in San Marcos and Austin. Holloway said he got an “eerie feeling” when he saw Trump supporters’ vehicles lined up along the interstate waiting for the bus around the Solms Road exit near New Braunfels. He estimated there were 30 to 40 vehicles in the “Trump Train” at one point.

“I can’t really outrun these cars,” he said. “You have to do whatever the car in front of you does. I have to slow down to 15 miles per hour” to avoid hitting other vehicles.

Holloway and the other plaintiffs have said they feared for their lives during the incident, and say the “Trump Train” drivers caused several near-collisions and forced Holloway to repeatedly swerve to avoid crashing.

The bus, which weighs about 50,000 pounds, could only brake slowly and had a wide turning radius that limited his response, Holloway said. He said he was taught to avoid obstacles and never to swerve the bus because “that’s an easy way to lose control.”

If he had tried to navigate the bus through the group of vehicles, it might have led to deaths, Holloway said.

Defense attorney Erin Mersino asked Holloway why he couldn’t have pulled off the freeway and sought safety at a police station, if he felt threatened. When Holloway replied that there are usually stoplights on the frontage roads along the highway, where the “Trump Train” drivers might have surrounded the stopped bus, she said he could have run the lights if he was really in fear for his life.

‘Trump Train’ was about free speech, not intimidation, witness says.

A New Braunfels woman who helped organize the “Trump Train” that surrounded a Biden-Harris campaign bus on Interstate 35 ahead of the 2020 election testified Monday that the incident was an exercise in free speech and the drivers involved were not trying to intimidate anyone.

Randi Ceh was among a group of supporters of then-President Donald Trump that surrounded the Biden-Harris bus on Oct. 30, 2020, between San Antonio and Austin. Ceh and her husband, Steve Ceh, are among six people involved in the incident who are being sued by three people who were on the Biden-Harris campaign bus when the confrontation occurred.

[…]

Testifying in federal court in Austin on Monday, Randi Ceh insisted she had no intent of intimidating the people on the bus or impeding their progress when she wrote a social media post encouraging members of New Braunfels “Trump Train” Facebook group to meet at the Solms Road exit of the interstate to wait for the campaign bus.

Ceh was working that day and only briefly joined the “Trump Train” because she happened to catch it on her way home, she said.

“It was just really happenstance that I ended up being there,” she said.

Ceh described the event as an “our team versus your team” political exercise. She said she had no intent of intimidating the people on the bus or impeding their progress.

Sam Hall, an attorney for the plaintiffs, attempted to show that Ceh was aware that the convoy was impeding the bus’s progress, pointing to posts on the Facebook group by others saying “SURROUNDED” and “They did not stop! Too much Trump support so they are going straight through to Austin.”

He asked Ceh if she had used her ability as the Facebook group’s administrator to take down such posts, and she said she had not, citing users’ First Amendment rights to freedom of speech. He pointed also to her use of the hashtag “#BlocktheBus” in her posts.

“We used our first amendment right to drive down the highway,” she said. “We did a ‘Trump Train’ and it was cool.”

Slang, emojis take center stage in ‘Trump Train’ civil trial.

In the civil trial this week over whether drivers in a “Trump Train” hindered a Biden-Harris campaign when they surrounded it on Interstate 35 the week before the 2020 election, one of the many points of contention is the meaning of slang used in Facebook posts and messages – and even some emojis.

Attorneys for three plaintiffs who were on the bus that day – former Texas state Sen. Wendy Davis, former campaign staffer David Gins and bus driver Timothy Holloway – have led a seven-member jury through reams of social media posts made by the six defendants in an attempt to show that they intended to block the bus’s progress, or at least were aware they were doing so, as they tracked its progress between San Antonio and Austin on Oct. 30, 2020.

The lawsuit accuses the defendants of violating the “Ku Klux Klan Act,” an 1871 federal law intended to prevent political violence and intimidation tactics. The suit seeks punitive and compensatory damages.

The defendants — Dolores Park, Steve Ceh, Randi Ceh, Robert Mesaros, Joeylynn Mesaros and Eliazar Cisneros — have disputed the lawsuit’s allegations, saying the people on the bus were not in danger and the incident was not an attempt at intimidation.

In federal court in Austin on Wednesday, plaintiffs’ attorney Robert Meyer displayed screenshots showing defendant Joeylynn Mesaros, of New Braunfels, responding with clapping emojis to a message on Facebook that day saying, “Yes patriots get them out,” and replying “Bye bye” to a message saying, “Let’s show Kamala the way out of Texas.” At the time, some members of the “Trump Train” believed that then-vice presidential nominee Kamala Harris was on the bus.

Meyer also pointed to a text message Mesaros sent that day saying, “we’re raging to chase down this Biden bus,” and a social media post she made after the incident saying the “Trump Train” had provided the Biden campaign “a friendly escort out of town.”

Throughout her impassioned testimony, Mesaros pushed back against Meyer’s portrayal of her posts as amounting to a “celebration” that the bus was kept from campaign events.

Previous testimony in the trial, which is now in its second week, established that the presence of the “Trump Train” led the Biden campaign to cancel a planned event at Texas State University in San Marcos out of fear for the safety of those who would attend. At times, the convoy of dozens of vehicles forced the bus to slow down to speeds as low as 15 miles an hour.

“We might have different definitions of ‘celebrate,’” Mesaros said. “It was my objective to have fun. Not to get sued.”

There’s more to each story, so go read them all. I can’t wait to see what the jury does with this.

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

Uplift Harris lawsuit 2.0

Pretty much as expected.

Texas Attorney General Ken Paxton is again suing Harris County over its guaranteed income initiative, alleging that the latest version of the program still violates the Texas Constitution despite modifications officials made to pass muster.

“The Texas Constitution expressly prohibits giving away public funds to benefit individuals — a common sense protection to prevent cronyism and ensure that public funds benefit all citizens,” Paxton, a third-term Republican, wrote in the suit. “The State of Texas brings this suit to ensure that Harris County follows the law and that public funds are properly expended and not doled out as door prizes at the voting booth.”

Harris County Attorney Christian D. Menefee held his ground in a statement he made Thursday on social media.

“Our 1st basic income program was legal. The Texas Supreme Court disagreed, so we created a new program to address concerns,” said Menefee, a Democrat. “If it wasn’t clear before, it’s clear now: @KenPaxtonTX’s goal is to tank a program that will help Texans in need. We won’t back down. See you in court.”

Uplift Harris, as the local program is called, is designed to give financial assistance to low-income households picked through a randomized lottery. Around 1,900 participants were selected earlier this year to receive $500 monthly payments for 18 months, following a similar guaranteed income model that has been used around the country.

Though the original legal battle over the program is still making its way through the courts, the county decided last month to move forward with a modified program because it’s running out of time to spend the $20.5 million of earmarked funds. The money comes from federal pandemic recovery dollars that must be allocated by the end of the year.

[…]

Paxton argued in the suit filed Thursday that Harris County’s revised program still does not meet the criteria for exceptions to Constitution’s prohibition on giving away public funds as gifts because it does not accomplish a public purpose, the county does not have sufficient control over the funds and the county does not receive any return benefit.

Though the Texas Supreme Court has not ruled on the program, in June it strongly signaled a belief that the initiative violates the Texas Constitution.

“Although we make no definitive statement about the merits, the state has raised serious doubt about the constitutionality of the Uplift Harris program, and this potential violation of the Texas Constitution could not be remedied or undone if payments were to commence while the underlying appeal proceeds,” Justice Jimmy Blacklock, a Republican who is running for reelection this year, wrote in a 12-page opinion that kept the program on hold.

See here, here, and here for the latest updates. Either the revised version of this remediated the issues that concerned SCOTx in the first go-round or it doesn’t. Or maybe it does but SCOTx will move the goalposts because they don’t want to allow this but also don’t want to go all out in striking in down. I assume this will go through a district court as before, so it may be a few weeks before it gets back to SCOTx, but one way or another it will get there. County Attorney Menefee’s statement is here, and KUHF and the Houston Landing have more.

Posted in Legal matters | Tagged , , , , , , , , , | Comments Off on Uplift Harris lawsuit 2.0

You can count non-citizen voters on one hand

And still have fingers left over.

Still the only voter ID anyone should need

Data compiled by the conservative Heritage Foundation shows that noncitizen voting in Texas isn’t a widespread problem and instead shows other instances of voter fraud committed by U.S. citizens are more prevalent.

Since 2017, The Heritage Foundation has maintained a database on fraudulent voting with a mission, in part, to “demonstrate the vulnerabilities in the election system and the many ways in which fraud is committed.” Its Texas data dates to 2005.

The think tank, most known for being the architect of the controversial policy blueprint known as Project 2025, divides voting infractions into nine categories. Those include “ineligible voting,” which is defined as: “Illegal registration and voting by individuals who are not U.S. citizens, are convicted felons, or are otherwise not eligible to vote.”

It states on its website that the data is not an exhaustive record, but instead “intended to demonstrate the vulnerabilities in the election system and the many ways in which fraud is committed.”

In its database, The Heritage Foundation has included only three instances of noncitizens casting ballots in Texas since 2012. They include:

  • Mexican citizen who used her cousin’s identity to vote in several elections, including the 2016 presidential election. She eventually pleaded guilty to two felony charges and was ordered to spend 180 days in jail, according to the database.
  • The 2018 case of a Salvadoran man who had been in the United States since the 1980s who was indicted for falsifying documents to obtain a passport and register to vote. He later pleaded guilty to making a false statement in his passport application.
  • Grand Prairie woman who was in the country legally but not a citizen was granted parole in 2019 after spending nine months in prison for unauthorized voting. Reports indicate she voted in 2012 and in the GOP primary runoff in 2014.
  • The database cites a fourth example from Texas, but it appears to be out of Austin, Minn., not Texas’ capital city.

The foundation’s data also suggests that a more pressing issue is felons casting ballots. Its analysis cites at least four times as many instances of that type of fraud when compared with noncitizen voting.

The Heritage Foundation is one of the loudest voices sounding alarm bells about noncitizen voting heading into the November General Election – a call recently taken up by Republican leaders in several states, including Texas.

This is one of those situations that would be hilarious if it weren’t so infuriating because of the extreme malevolence and bad faith on the part of the people pushing the narrative with such paltry data. Even the “at least four times as many instances” of alleged felon voting would still be about a dozen cases, over more than a decade, in a state with eighteen million registered voters. And yet this is the basis for multiple lawsuits, increasingly punitive legislation, and of course the current version of the Big Lie. Anyway, there’s more to the story so read the rest and know what we’re up against.

Posted in Election 2024 | Tagged , , , , , , , , , | Comments Off on You can count non-citizen voters on one hand

What can the state do to help create more affordable housing?

Probably a few things, though it’s not clear what is on tap at this time.

If Texas wants to rein in its high housing costs, it needs more homes, Texas Comptroller Glenn Hegar’s office said Tuesday — the latest sign that the state’s high home prices and rents have become a growing concern for the state’s top officials.

Homebuilding in Texas didn’t keep up as the economy boomed and millions of new residents moved here over the past decade, the comptroller’s 26-page report found. That lag in homebuilding left the state with a deep housing shortage: Texas needs 306,000 more homes than it has, according to one estimate cited in the report.

That shortage has fueled competition for a limited supply of housing, especially in the state’s major metro areas — sending housing costs soaring, forcing many would-be first-time homebuyers out of the market and leaving more than half of the state’s tenants spending too much on rent.

Texas’ relatively low cost of living has been a major draw for new residents and relocating companies. But Texas could lose that affordability advantage if local and state officials don’t find some way to boost the state’s housing supply, particularly for lower- and middle-income families, Hegar said.

[…]

The comptroller’s report stops short of making explicit recommendations on what steps policymakers should take, but nodded to some potential solutions.

Among them: relaxing local laws that determine what kinds of housing can be built and where. Cities have laws called zoning regulations that determine how many homes can be built on a given lot and how much land is required in order to build a home.

[…]

There are additional ways for local and state officials to tackle housing affordability, the comptroller’s office said. State lawmakers, for example, could fund programs or incentives aimed at providing homes for low- and moderate-income families. Local governments could streamline their permitting processes in order to allow homes to be built more quickly, the report said.

Nicole Nosek — who heads Texans for Reasonable Solutions, an organization that pushed zoning reforms at the state level last year — proposed ideas to increase housing supply during a Tuesday breakfast meeting with the comptroller’s office, Texas Habitat for Humanity and the Austin Board of Realtors.

It should be easier to build homes in commercial areas, Nosek said, which many Texas cities don’t currently allow. The amount of land cities require single-family homes to be built upon, a requirement known as a minimum lot size, should also be reduced, she said.

The report is here and it’s pretty readable. Reasons for the strain on housing affordability include the state’s rapid population growth, the sharp decline in home construction following the 2008 financial crisis, constraints at the local level on construction, and home insurance rates. I’d say the Lege is best positioned to do something about that last one, though the report doesn’t discuss it.

For obvious reasons, I’m suspicious of any effort at the state level to meddle in local zoning and permitting ordinances. I personally would recommend the state focusing on supply issues, which is mentioned as one possibility on page 16 of the report. Fund or provide incentives to build low- to moderate-income housing, provide assistance for lower-income home buyers, put some brakes on insurance rates (maybe doing something about climate change, which is absolutely driving some of that problem, would be helpful as well), that sort of thing.

If there must be a state incursion into local matters, how about making it easier for local governments to seize and/or condemn abandoned properties? I know that one issue that tends to stymie local governments is that ownership of these properties is often murky, making it harder to pursue legal resolutions. Surely that’s something that state law could help facilitate. There does seem to be some consensus on Doing Something about housing affordability at the state level. Hopefully that can be harnessed and used for good.

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

Dallas judge rejects Paxton’s State Fair lawsuit

The Fair’s ban on guns will stand, at least for now.

Howdy, folks

A Dallas County district judge is leaving the State Fair of Texas gun ban in effect after an injunction hearing Thursday.

Attorney General Ken Paxton sued Dallas and the fair last month because the fair is now banning guns from Fair Park — excluding active and qualified retired peace officers. The fair previously allowed concealed carry.

Attorneys for the State Fair, the city of Dallas and the state made their cases in front of 298th District Judge Emily Tobolowsky Thursday. The judge’s ruling will give the losing party only days to appeal, and the fact that the State Fair is fast approaching will require the courts to move quickly.

Texas law forbids state agencies and political subdivisions — such as Dallas — from banning licensed handgun owners from carrying guns on government owned or leased property. The State Fair says it has significant control over Fair Park as part of its longstanding lease agreement with Dallas for the annual event.

State Fair attorneys successfully argued the gun ban is legal because the organization operates independently as a private nonprofit, not a government entity.

“The State Fair of Texas is not an agent of the city of Dallas,” said Jim Harris, attorney for the State Fair. “The State Fair of Texas has not been delegated any governmental powers or authority by the city of Dallas.”

Paxton’s office, meanwhile, argued that because of the agreement the fair is acting under the authority of Dallas. Therefore, the decision to ban guns from the fair is the city’s decision and that makes the ban illegal, said Ernest Garcia, chief of the administrative law division of the attorney general’s office.

“This case is about public policy and its application to public property,” Garcia said. “This is not a case about private property rights or interests.”

[…]

Jeff Tillotson, an outside attorney for the city of Dallas, said the city had no role in the fair’s decision to ban firearms from Fair Park, so the city is not liable. He argued Paxton’s lawsuit should be thrown out altogether because, among other things, the concerned citizens Dubeau mentioned didn’t make their complaints first to the city directly as required by law.

State Fair president Mitchell Glieber testified the city has no control over the State Fair’s decision making. He said the fair made the decision to ban guns in February and informed the Dallas Police Department of its decision in May.

See here and here for some background. The Statesman adds on.

Nine days before Thursday’s hearing, Paxton withdrew a legal opinion from 2016 in which he stated that nonprofit entities have the right to ban firearms on public land that they are leasing from a city. Two Republican lawmakers had requested a new analysis on a similar subject to the opinion, KP-0108, after the lawsuit was filed.

Attorneys for the city of Dallas criticized the move as “revealing” in court filings, adding that it did not change the underlying legal issues.

“Recognizing that the Attorney General’s position since 2016 has firmly landed in support of the City’s posture here, the Attorney General withdrew KP-0108—on which municipalities and nonprofits have relied on for years—with the blatant intent of changing course to obtain a different outcome here,” attorneys for Dallas-based firm Tillotson, Johnson and Patton wrote in a response brief on the city’s behalf. “Doing so only confirms that the opinion expressed therein was correct and Plaintiffs’ claims in this case are necessarily inapposite to and unsupportable by that opinion.”

[…]

Paxton’s office will likely seek to overturn Tobolowsky’s order in the new 15th Court of Appeals, which was authorized when Republican Gov. Greg Abbott signed Senate Bill 1045 in 2023. The court, which began hearing cases Sept. 1, now has exclusive statewide jurisdiction over intermediate appellate disputes over state actions and legislative constitutionality.

Paxton’s office and the State Fair of Texas did not immediately respond to the American-Statesman’s requests for comment. Karissa Condoianis, the State Fair of Texas’ senior vice president for public relations, previously told the Statesman that the fair was standing by its gun ban.

“We believe we have the right to make this decision and maintain that it is the correct decision to protect the safety of our patrons,” Condoianis wrote in an email statement Aug. 30.

The Statesman also reached out to the city of Dallas, which declined to comment on pending litigation.

However, Jeff Tillotson, counsel for Dallas, said, “We thank the Court for its careful consideration of this matter.”

The fair will take place between Sept. 27 and Oct. 20.

I suppose it’s now a question of how fast Paxton can file that appeal, assuming he does, and how fast that court can act. Longer term, of course, the Lege can and almost certainly will pass a law to remove this exception. But for now, maybe this year the State Fair will get to operate as it prefers. WFAA, the Dallas Observer, and the Trib have more.

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

SUV that crashed into the Energy Transfer pipeline valve recovered

Human remains were found inside, sadly.

Deer Park city officials confirmed human remains were found in the vehicle involved in the pipeline fire near Deer Park and La Porte after it was towed away Thursday morning following the four-day-long incident that led to the evacuation of nearby homes.

Authorities said the situation has now developed into a criminal investigation, and that no further information will be released until a motive is determined and the investigation concludes.

Deer Park OEM spokesperson Kaitlyn Bluejacket said the Deer Park Police Department and Harris County Medical Examiner are preparing to begin the next steps of the investigation into how the emergency transpired at the Energy Transfer property off Spencer Highway.

[…]

Deer Park OEM officials said in a Thursday statement that Energy Transfer is working with third-party contractors to contain the fire through the installation of appropriate infrastructure. The company said the fire has had no effect on air quality, but it will continue to monitor air quality levels.

Deer Park officials lifted the evacuation order for areas surrounding the fire Wednesday at 6 p.m. Spencer Highway between Luella Avenue and East/Canada Boulevard remains closed. The Walmart on Spencer Highway reopened at 10 a.m. Thursday. Air monitoring will continue at nearby schools, including Heritage Elementary and College Park Elementary as of Thursday morning.

Lauren Brogdon, an attorney who leads Haynes Boone’s crisis management practice group, said it might be a while before answers and resolutions are finalized.

“These things often take several years, because of the investigations that need to happen and because of the exchange of documents and interviews of witnesses,” Brogdon said.

See here for some background. No details about the driver had been released as of yesterday. My condolences to their family and friends. I hope we are able to learn what exactly happened, why it happened, and what can be done to prevent it from happening again.

Posted in Elsewhere in Houston | Tagged , , , , , | 1 Comment