Judge assigned to hear election loser contest

From the inbox, a press release from Harris County Attorney Christian Menefee:

Judge David Peeples will preside over the election contest filed by Republican candidate Erin Lunceford to void the results of her race for the 189th District Court in the November 2022 Harris County General Election. Judge Peeples has set an initial status conference for today, Tuesday December 13, at 3:00 p.m.

“This will be an important case, and I’m glad to see it’s progressing,” said Harris County Attorney Christian D. Menefee. “The County will participate in the case, and we plan to make clear that it would be a grave injustice to throw out more than a million legally cast votes, especially given Ms. Lunceford’s completely baseless theories. Each of those votes represents a Harris County resident who participated in our democratic process. That is a sacred act, and we’re going to fight to protect it.”

Judge Peeples is based in San Antonio, and was appointed by the Honorable Susan Brown, the Presiding Judge of the Eleventh Administrative Judicial Region of Texas. Texas law disqualifies the judges in a county from presiding over an election contest filed in that county.

This contest is one of two current requests by losing Republican candidates to throw out the results of the November 2022 election in certain races. The other challenge is regarding State Representative District 135, which will be heard in the State House of Representatives.

“This election took countless hours of work not only by county employees, but by election judges and workers from both parties. We should be looking for ways to support these public servants rather than constantly undermining the hard work it takes to run an election in the third largest county in the country,” added County Attorney Menefee.

See here for the background. If the name sounds familiar, it may be because Judge Peeples was the jurist who ruled that the abortion bounty hunter law SB8 violated the state constitution last December, though he did not issue a statewide injunction against it. I did not see any news items related to this, so what you see here is all I know. Hopefully we will hear more about how this is progressing quickly.

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Vertical farming

Very interesting.

Scaling scissor lifts are a daily duty for a vertical farmer overseeing the growth of about 10 million heads of lettuce annually from Kalera’s 4.5-acre indoor farm located in the Parc-59 industrial park in North Houston. Kalera, an Orlando-based vertical farming company, opened the 85,000 square-foot vertical farm a year ago to supply Texas and Louisiana markets with freshly grown leafy greens – betting that consumer demand for fresher, sustainably grown produce will buoy its growth.

Its lettuces are available in Trader Joe’s and H-E-B grocery stores in Houston, with more locations expected as it expands its national retail footprint by more than 40 percent this year. After going public through a $375 million merger in June, Kalera is gobbling up industrial real estate across the country.

It recently opened a farm in Denver, adding to its existing locations in Atlanta, Orlando and Houston. Next are new farms in Seattle, Honolulu, St. Paul, Minnesota and Columbus, Ohio.

Kalera is part of a nascent but blossoming vertical farm movement. Consumers’ appetite for locally grown produce, technological advances in agriculture and efforts to shorten supply chains are fomenting the growth of the vertical farming in Texas and around the world.

[…]

Investments in the sector could help cities like Houston access better, more sustainable produce, advocates argue. Like much of Houston’s produce, most of the region’s lettuce is imported from out of state,  typically traveling hundreds of miles from California before winding up on a Texas dinner plate. Not only does this create more greenhouse gases, it also means Houstonians are munching on older greens.

Companies like Kalera want to upend this model by opening vertical farms near large cities. The vertical farms can transform industrial warehouses into fields of greens growing under energy-efficient LED lights.

Stacking the greens means Kalera can compress more crops into a smaller footprint. Within its 64,000 square feet of growing space at its Houston farm, Kalera estimates it’s using about 97 percent less space than a standard farm. And they’re more productive, too, because crops grow year-round without exposure to floods, droughts and the vagaries of nature. 

One acre on a vertical farm can produce the equivalent of four to six acres on a standard farm, according to estimates from Columbia University.

Unlike greenhouses, the indoor farms rely on lights, not the sun, along with an elaborate system of sensors and artificial intelligence to cultivate the perfect environment. The crops thrive in a steady supply of nutrient-rich water.

“There are no seasons here,” said Fenn, who is the assistant general manager of horticulture at Kalera in Houston.

There are also no pests, no weeds and no exposure to animal pathogens such as salmonella, E.coli and listeria. At night from his home in Conroe, Fenn opens his smartphone to check on the progress of the crop before he goes to sleep, using Kalera’s proprietary software to monitor the farm’s sensors. He can change the lighting, humidity and temperature with the flick of a finger.

“I like to call myself a farmer,” he said, “but this is the easiest form of farmer.”

Another one from the Old Unpublished Posts Home, this time from later in October. I’ll be honest, I forgot what point I was going to make when I flagged this, other than the fact that it sounded cool and provided a potential new entry point for urban farming. This is a time of year in which we think about food a lot, so that’s as good a reason as any to put it out there.

Posted in Food, glorious food | Tagged , , , , | 1 Comment

Gender affirming care is happening in Dallas

Some good news that I had not been fully aware of.

The Dallas doctor who ran the state’s most prominent medical program for transgender youth says she has seen dozens of new patients since crucial court wins this summer and fall.

Dr. Ximena Lopez has seen 72 additional patients since May, when a Dallas judge allowed her to resume treating transgender youth newly seeking care at Children’s Medical Center Dallas. In September, Lopez celebrated another victory when the Dallas appeals court ruled the state also could not step in to halt these treatments.

The mandate in that appeal was issued Dec. 5, finalizing the decision.

Brent Walker, Lopez’s lawyer, said the number of new patients interested in gender-affirming care shows his client’s treatments are needed. He criticized the state of Texas, represented by the Office of Attorney General Ken Paxton, for trying to intervene.

“The only reason the Attorney General was trying to get into this case was for the sake of his personal politics, not because of his constitutional duties and certainly not because he has concerns about these children and parents, who need the kind of care Dr. Lopez and the others provide,” Walker told The Dallas Morning News in a statement.

Representatives with Paxton’s office did not respond to a request for comment.

The rulings mean transgender adolescents in North Texas will have access to treatments like puberty blockers and hormone therapy until the case goes to trial as lawyers and politicians across the state continue to fight over the legality and efficacy of gender-affirming care.

[…]

Lopez, a pediatric endocrinologist who ran the program, sued Children’s over the Genecis decisions in May.

That month, Judge Melissa Bellan granted Lopez an injunction that allowed her to temporarily resume admitting new patients seeking medical treatments. Children’s agreed to the injunction, which will last at least until a trial is slated to start in April 2023. The decision was a huge win for Lopez, who immediately began to take appointments.

Objecting to the resumption in care, Paxton sought to intervene in the case on the grounds that his office believes these treatments can constitute child abuse.

In June, Bellan ruled against Paxton, who quickly appealed her decision.

On Sept. 23, the 5th Court of Appeals in Dallas agreed with Bellan that the state cannot intervene. The three-judge panel – two Democrats and one Republican – that issued the ruling did not elaborate on its reasoning.

See here, here, and here for some background; there’s more at that first link to go farther back, when both Children’s Medical Center and UT Southwestern both ceased offering these services in response to pressure from Greg Abbott. The last update I had was about Paxton’s appeal to the Fifth Court; I had not seen that there had been a ruling against him. This is a great victory but likely to be a temporary one. Even if Dr. Lopez prevails in the trial, you can be sure that the Lege will have a bill to send to Abbott to specifically outlaw what she’s doing. This fight is going to be bigger and longer and harder than this court case. But at least in the meantime, kids who need this help can get it.

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Recruitment of next summer’s lifeguards is already underway.

Better luck this time, we hope.

The city has begun recruiting lifeguards for next summer following a significant staffing shortage that led to the closure of two-thirds of Houston’s public pools this past season.

The Parks and Recreation Department, which operates Houston’s 37 aquatic centers, usually begins its recruiting campaign in November, reaching out to high school and college students who make up the majority of its summertime employees, according to Leroy Maura, the city’s senior superintendent over aquatics.

In the past two years, however, staff were unable to go to most schools and colleges due to COVID-19 restrictions on visitors, Maura said.

The city’s public pool system requires 188 lifeguards to operate at full capacity, but only 60 were on staff this past summer. As a result, 25 pools were closed, with the rest opening only three days a week on a rotating basis. On a given day, swimmers could go to only one of six operating aquatic centers.

This is the first time since the COVID-19 pandemic that department employees are able to carry out in-person recruitment events. So far, city recruiters have visited 10 local high schools and signed up more than 130 students as prospective hires.

“We would go on campus and set up a table there,” Maura said. “My staff would be carrying information about the job, some pictures and the uniform to just kind of give them an idea of what it’s going to be like to work as a lifeguard.”

Based on past experience, the department needs at least 1,000 initial prospects to eventually hire about 180 lifeguards, Maura said.

[…]

The city raised the pay for pool staff in May in hopes of attracting more applicants, from $13.66 to $16 per hour for lifeguards; to $18 for head lifeguards; and $20 per hour for aquatic center supervisors.

Anyone with swimming skills who will be over the age of 16 by May 2023 can call the Parks and Recreation Department at 832-395-7129 or email the team at aquatics.application@houstontx.gov to apply.

See here for some background. I would not have guessed that recruitment for this normally starts in November, but given the numbers involved I understand. With the Parks and Rec department able to do more in person events in the schools now, as well as the increased pay, hopefully the problems from last year will be history. In the meantime, if you’ve got or know a teenager who would qualify and might be interested, let them know about this.

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Santa Claus is back

So, you know, you better watch out, and all that.

Some Santas who stayed home the past two years out of concern for their health have returned, but performers have pressing issues, including inflation, on their minds. Many are older, on fixed incomes and travel long distances to don the red suit. They spend hundreds on their costumes and other accoutrements.

Santa booker HireSanta.com has logged a 30% increase in demand this Christmas season over last year, after losing about 15% of its performers to retirement or death during the pandemic, said founder and head elf Mitch Allen.

He has a Santa database of several thousand with gigs at the Bloomingdale’s flagship store in New York, various Marriott properties and other venues around the U.S. Most of Allen’s clients have moved back to kids on laps and aren’t considering covid-19 in a major way, he said, but Santa can choose to mask up.

Another large Santa agency, Cherry Hill Programs, is back up to pre-pandemic booking numbers for their 1,400 or so Santas working at more than 600 malls and other spots this year, said spokesperson Chris Landtroop.

“I can’t even explain how excited we are to see everyone’s smiles at all locations this season without anything covering up those beautiful faces,” she said.

Cherry Hill Santas are also free to wear masks, Landtroop said.

[…]

Allen and other agencies are juggling more requests for inclusive Santas, such as Black, deaf and Spanish-speaking performers. Allen also has a female Santa on speed dial.

“I haven’t been busted yet by the kids and, with one exception, by the parents, either,” said 48-year-old Melissa Rickard, who stepped into the role in her early 20s when the Santa hired by her father’s lodge fell ill.

“To have a child not be able to tell I’m a woman in one sense is the ultimate compliment because it means I’m doing Santa justice. It cracks my husband up,” added Rickard, who lives outside Little Rock. “I know there are more of us out there.”

By mid-November, Rickard had more than 100 gigs lined up, through HireSanta and other means.

“A lot of it is word-of-mouth,” she said. “It’s ‘Hey, have you seen the female Santa?'”

Rickard charges roughly $175 an hour as Santa, depending on the job, and donates all but her fuel money to charity. And her beard? Yak hair.

Eric Elliott’s carefully tended white beard is the real deal. He and his Mrs. Claus, wife Moeisha Elliott, went pro this year after first taking on the roles as volunteers in 2007. Both are retired military.

They spent weeks in formal Claus training. Among the skills they picked up were American Sign Language and other ways to accommodate people with disabilities. Their work has included trips into disaster zones with the Texas-based nonprofit Lone Star Santas to lend a little cheer.

The Elliotts, who are Black, say breaking into the top tier of Santas as first-time pros and Clauses of color hasn’t been easy. For some people, Eric said, “We understand that we’re not the Santa for you.”

Hope this is a better year for the Santa community. I’ve noted the Lone Star Santas and another Texas-based Santa employment agency before. These folks don’t make a lot of money doing this but they do have fun. That goes a long way.

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State and county election result relationships: Tarrant County

In years past, Tarrant County was a pretty close bellwether for election results in the state of Texas. From 2004 through 2016, the closeness of their Presidential numbers with the statewide numbers was eerie. But since 2018 the talk has been about how Tarrant is on the verge of turning blue, which puts it at least a little to the left of the state as a whole. As I did before with Harris County, I thought I’d take a closer look at how statewide candidates have done in Tarrant County compared to the state overall, to see what it might tell me. We start as we did with Harris in the distant past of 2002:


2002                 2004                   2006
State Tarrant  Diff   State Tarrant  Diff   State Tarrant  Diff
===================   ===================   ===================
43.33   41.27 -2.06   38.22   37.01 -1.21   36.04   34.80 -1.24
39.96   38.53 -1.43   40.94   37.36 -3.58   29.79   31.07  1.28
46.03   42.63 -3.40   40.77   38.06 -2.71   37.45   37.06 -0.39
41.08   37.76 -3.32   42.14   39.15 -2.99   37.23   36.99 -0.24
32.92   30.86 -2.06                         37.01   36.41 -0.60
41.48   37.94 -3.54                         40.96   40.67 -0.29
37.82   34.85 -2.97                         41.79   40.86 -0.93
41.49   39.02 -2.47                         41.73   40.52 -1.21
40.51   37.55 -2.96                         44.89   42.79 -2.10
41.54   38.73 -2.81                         43.35   41.56 -1.79
41.89   38.49 -3.40								
43.24   39.74 -3.50								
45.90   42.26 -3.64								
39.15   35.90 -3.25								
42.61   39.20 -3.41								
40.01   36.92 -3.09								
										
Min   -3.64           Min   -3.58           Min   -2.10
Max   -1.43           Max   -1.21           Max    1.28
Avg   -2.96           Avg   -2.62           Avg   -0.75

You can read the earlier posts for the explanation of the numbers. The bottom line is that in early to mid Aughts, Tarrant was more Republican overall than the rest of the state. As was the case with Harris, there was a step in the Democratic direction in 2006, with the chaotic multi-candidate Governor’s race providing the first Democrat to do better in Tarrant than in the state, but it was still about a point more Republican than overall.


2008                  2010                  2012
State Tarrant  Diff   State Tarrant  Diff   State Tarrant  Diff
===================   ===================   ===================
43.68   43.73  0.05   42.30   40.98 -1.32   41.38   41.43  0.05
42.84   42.52 -0.32   34.83   34.97  0.14   40.62   40.41 -0.21
44.35   43.39 -0.96   33.66   33.90  0.24   39.60   39.20 -0.40
43.79   43.47 -0.32   35.29   35.24 -0.05   41.91   41.40 -0.51
45.88   44.16 -1.72   35.80   35.83  0.03   41.24   40.31 -0.93
44.63   43.51 -1.12   36.24   35.64 -0.60				
45.53   43.81 -1.72   37.26   35.39 -1.87				
43.75   42.49 -1.26   37.00   35.97 -1.03				
                      35.62   35.17 -0.45				
                      36.62   36.05 -0.57				
										
Min   -1.72           Min   -1.87            Min   -0.93
Max    0.05           Max    0.24            Max    0.05
Avg   -0.92           Avg   -0.55            Avg   -0.40

Still slightly on the Republican side as we move into elections that feel more familiar to us – as I’ve said before, looking at those elections from 2002 through 2006 is like visiting a foreign country – and you can see how dead on the Tarrant Presidential numbers were. Tarrant was a bit more Republican in the judicial races than in the executive office and Senate races, but otherwise not much else to say.


2014                  2016
State Tarrant  Diff   State Tarrant  Diff
===================   ===================
34.36   36.13  1.77   43.24   43.14 -0.10
38.90   41.08  2.18   38.38   38.62  0.24
38.71   39.53  0.82   38.53   38.43 -0.10
38.02   38.91  0.89   41.18   40.49 -0.69
37.69   38.67  0.98   39.36   39.58  0.22
35.32   36.49  1.17   40.05   39.75 -0.30
36.84   38.14  1.30   40.20   40.91  0.71
37.25   38.43  1.18   40.89   40.59 -0.30
36.49   38.02  1.53				
37.60   38.41  0.81				
36.54   38.00  1.46				
						
Min    0.81           Min   -0.69
Max    2.18           Max    0.71
Avg    1.28           Avg   -0.04

I wouldn’t have guessed that 2014 would be the year that Tarrant County officially became (slightly) more Democratic than the state as a whole, but here we are. Maybe because 2014 was such a miserable year, maybe because Wendy Davis was the Dem nominee for Governor, maybe it was just time. It wasn’t quite the start of a trend, as things snapped back a bit in 2016, but a threshold had been crossed.


2018                  2020                  2022
State Tarrant  Diff   State Tarrant  Diff   State Tarrant  Diff
===================   ===================   ===================
48.33   49.93  1.60   46.48	49.31  2.83   43.81   47.24  3.43
42.51   43.75  1.24   43.87	46.18  2.31   43.44   47.36  3.92
46.49   47.25  0.76   43.56	45.25  1.69   43.62   46.80  3.18
47.01   48.11  1.10   44.49	46.71  2.22   40.91   44.33  3.42
43.39   44.70  1.31   44.08	46.14  2.06   42.10   44.90  2.80
43.19   43.99  0.80   44.76	47.23  2.47   43.63   46.72  3.09
46.41   47.37  0.96   44.35	46.50  2.15   40.51   43.83  3.32
43.91   44.85  0.94   45.18	47.38  2.20   41.81   45.14  3.33
46.83   47.86  1.03   44.70	47.03  2.33   42.87   46.36  3.49
46.29   47.44  1.15   45.47	47.91  2.44   43.55   46.75  3.20
46.29   47.68  1.39                           43.02   46.48  3.46
45.48   46.24  0.76                           42.74   46.22  3.48
45.85   47.14  1.29								
										
Min    0.76           Min    1.69            Min    2.80
Max    1.60           Max    2.83            Max    3.92
Avg    1.10           Avg    2.27            Avg    3.34

And thus, despite the small hiccup of 2016, the ball moved ever forward. It would be easy to look at the Tarrant County results in 2022, especially at the top, compare them to 2018 and 2020, and declare that Tarrant had backslid, but as you can see that would be a misreading of the data. I’m going to step a little out on a limb here and say that Tarrant will be Democratic at a Presidential level again in 2024, and there’s a good chance that will be true elsewhere on the statewide ballot as well. Going by the average gap in 2022, two other Dems would have carried Tarrant County in 2018. If the trend we see here continues, getting to about 45% statewide would probably be enough to win Tarrant in 2024. Please feel free to point at this and laugh at me if this turns out to be wildly off base. Until then, I’ll do this same exercise for a couple more counties, just for the fun of it.

Posted in Election 2022 | Tagged , , , , , , , , , , , , , , , , , , , , | 2 Comments

Settlement of the sexual harassment lawsuit against HCC Trustee Glaser on the agenda

On the agenda for this Wednesday’s HCC Trustee meeting is this item of interest.

Robert Glaser

Proposed Settlement Authority regarding Southern District of Texas Houston Division, Civil Action 4:21-cv-02216; Patricia Dodd vs. Houston Community College, et al.

RECOMMENDATION
Authorize the administration to attend the court-ordered settlement conference in Patricia Dodd v. HCC with the authority discussed during closed session with the Board of Trustees.

COMPELLING REASON AND BACKGROUND
Dodd filed a lawsuit on July 8, 2021, against Robert Glaser, In His Official Capacity; Cesar Maldonado, In His Official Capacity; and Houston Community College for the Southern District of Texas Houston Division, Civil Action 4:21-cv-02216; Patricia Dodd v Houston Community College, et al., (hereinafter referred to as the “Lawsuit”).

FISCAL IMPACT
As discussed in closed session.

See here, here, and here for some background. The lawsuit was filed last June, and other than Glaser stepping down as Board Chair this is the first news I’ve seen since then. I don’t know what the settlement will be, so I don’t want to get too far out on a limb here, but if we’re at a point where HCC, and thus the taxpayers, are on the hook for a payment of some kind, then both Glaser and Maldonado ought to be writing their resignation letters. Like I said, I’m missing some context here, and that could mitigate when I’m saying here, but resignation for both should at least be on the table. I’m sure we’ll know more soon.

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Driverless taxi update

Things to watch out for in the nearer-than-you-think future, with Austin first in line.

When transit systems experience delays, the reason usually isn’t very interesting: congested streets, medical emergencies, mechanical problems. But the cause of a recent holdup on San Francisco’s MUNI system at least had the virtue of being novel.

On Sept. 30 at around 11 p.m., an N Line streetcar ground to a halt at the intersection of Carl Street and Cole Street because an autonomous vehicle from Cruise, a subsidiary of General Motors, had halted on the streetcar tracks and wouldn’t budge. According to the city’s transportation department, the 140 passengers riding the N line that evening were stuck in place for seven minutes before a Cruise employee arrived and moved the driverless conveyance. (Cruise did not respond to questions about what happened that night.)

This incident, which was not reported in the media at the time, is one of many in which autonomous vehicles roaming San Francisco’s streets have disrupted the city’s transportation network. In April, a Cruise vehicle blocked a travel lane needed by a siren-blaring fire engine, delaying its arrival at a three-alarm fire. Last fall, dozens of self-driving cars from Google’s Waymo subsidiary drove daily into a quiet cul-de-sac before turning around, much to the frustration of nearby residents.

Because of California’s insufficient and outdated AV reporting requirements, many incidents like these have escaped both public attention and regulatory consequences. Facing minimal scrutiny, AV companies have little incentive to avoid mucking up the public right of way—or even keep city officials informed about what’s happening on their streets.

With Silicon Valley a few miles away, San Francisco has become the top urban location for AV testing and deployment. With California officials granting their first AV deployment permits allowing passenger service this year, the city now offers a preview of what’s to come in other places where self-driving companies are now fanning out, with expansions announced for Los Angeles, Las Vegas, Phoenix, and Austin.

Based on San Francisco’s experience, residents and officials in those cities should brace for strange, disruptive, and dangerous happenings on their streets. And they should demand that state officials offer the protection that California is failing to provide.

[…]

The National Association of City Transportation Officials, representing municipal transportation departments across North America, submitted its own letter to the NHTSA that flatly opposed GM’s request that the Cruise Origin receive an exemption from vehicle safety rules. (NHTSA has not yet made a decision.) Kate Fillin-Yeh, NACTO’s director of strategy, said urban transportation leaders nationwide are watching events unfold in San Francisco with growing concern. “I know that AV companies can make more money in cities because there is a density of people there,” she said, “but they’re unhelpful to the many people who rely on transit or walk.”

Indeed, beyond the wow factor of stepping inside a self-driving car, it’s unclear how exactly the introduction of robotaxis improves an urban transportation network. But the risks—including disruptions on public roadways, increased congestion, and reduced transit use—are very real.

Fillin-Yeh said her top request for federal and state policymakers is that they empower local leaders to monitor and manage AVs using their streets. “Cities need to be a part of these conversations about permitting and regulating AVs,” she said. “That isn’t always happening.”

In their letter to NHTSA, San Francisco officials proposed several ways to improve AV oversight. They suggested that NHTSA treat “travel lane failures that block roadways” as a key measure of AV readiness, adding that NHTSA should also quantify and publicize AV companies’ response times to vehicle emergencies.

Riggs, the University of San Francisco professor, agreed on the need to evaluate AV companies’ emergency response times, adding that governments must be especially careful to protect so-called vulnerable road users. “We should be collecting autonomous vehicles’ near-misses with pedestrians and cyclists,” he said.

Driverless taxis have been a thing since 2016, with the first domestic service beginning in Phoenix in 2018. As the story notes, GM subsidiary Cruise has opened a waitlist for its service launch in Austin, supposedly by the end of this year, among other cities. While this story is mostly about the failure of the state of California to provide oversight of these things, the point is that other states will soon have the same opportunity to fail to provide oversight. The Lege has largely rolled out the red carpet for companies that want to test autonomous vehicles – you’ve seen my regular series of posts about autonomous trucks and various driverless delivery services. Given the Republican urge to screw cities, along with the law passed a few years ago curtailing cities’ ability to regulate rideshare services, I think we can predict how this will go. Barring a Republican legislator getting mowed down (or stuck behind) one of these things, it’ll be laissez-faire as usual. Get ready for it. In a bit of good timing, this Sunday’s episode of What Next TBD has more.

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Weekend link dump for December 11

“Why do McCarthy, Scott, and other so-called Republican leaders duck explicit invitations to address the former president’s behavior? Because they’re cowards.”

“Imagine an “Oh, yeah?” button on your browser.”

“Here’s a midterm report on remote work”.

“I have a few stray, in-the-weeds thoughts on the verdicts that I’d like to share after live-tweeting all but about two hours of the 29-day [Oath Keepers] trial from the courthouse media room.”

RIP, Bob McGrath, actor and singer and original cast member of Sesame Street.

She seems nice. Also, lock her up.

“But we know that is not true – the evidence makes that crystal clear. We know that subverting the Constitution is right in this defendant’s wheelhouse. And you don’t have to take my word for it. We know he is ready to subvert the Constitution BECAUSE OF HIS OWN WORDS.”

“Anyone looking for more insight into how Twitter, and social media companies in general, deal with content moderation might learn something. Anyone looking for proof of a political conspiracy will find that even this information, selectively released by people trying to make it look like a big scandal, showed that it wasn’t.

“Julianne Sitch became the first woman to coach a men’s soccer team to an NCAA championship, guiding the University of Chicago to the Division III title.”

RIP, Jo Carol Pierce, Lubbock-born singer/songwriter and playwright. I saw her perform years ago at the Mucky Duck, and it’s probably more accurate to say she was performing a larger-than-life character named Jo Carol Pierce that was still basically her. If you can imagine Dolly Parton as more of a one woman play than a singer, you’re kind of in the neighborhood of Jo Carol Pierce. It’s a great obit, give it a read whether you’d ever heard of her or not.

The Golden Dukes are back.

Actually, goblin mode is your word of the year.

RIP, Kirstie Alley, Emmy-winning actor best known for Cheers, Veronica’s Closet, and Star Trek II: The Wrath of Khan.

“Deshaun Watson’s Return Often Felt Like Any Other Game. That’s the Problem.”

“More than two dozen Taylor Swift fans are suing Ticketmaster parent Live Nation Entertainment, Inc. for “unlawful conduct” in the pop star’s chaotic tour sale, claiming the ticketing giant violated antitrust laws, among others.”

“Legendary Los Angeles rock band Guns N’ Roses has sued online gun store Texas Guns and Roses for trademark infringement”.

“Does Alito think that the sole purpose of oral argument is to troll liberals on Twitter?”

RIP, Nick Bollettieri, legendary tennis coach who worked with the Williams sisters, Andre Agassi, and Boris Becker.

Lock them up.

“Trump attorneys admit to finding more classified documents that Trump had stashed in a new location”. There is no bottom.

RIP, George Newall, co-creator of Schoolhouse Rock.

Lock them up.

RIP, Grant Wahl, soccer journalist who was in Qatar covering the World Cup.

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A thousand days of the COVID disaster declaration

Happy COVID Disaster Declaration Thousand-Day Anniversary to all who celebrate.

Thursday marks 1,000 days that Texans have been living under Gov. Greg Abbott’s public health disaster proclamation — an era of unprecedented gubernatorial authority for the state’s chief executive, triggered by the March 2020 scramble to contain the COVID-19 pandemic that continues to kill Texans every day.

The entire nation remains under a federal public health emergency at least through the winter season, which experts say could bring another wave of infections as families gather indoors for the holidays, immunity dips or virus variants sidestep older vaccines.

But after more than 92,000 deaths and 8 million confirmed COVID-19 cases in Texas in the 32 months since the declaration was made, the state remains one of less than a dozen still under a statewide declared disaster or public health emergency.

The proclamations give executive branches more power to quickly respond to disaster situations that are too urgent to wait for the usual bureaucratic wheels to grind into action.

In Texas, the disaster declaration gives Abbott’s executive orders — normally nonbinding — the weight of law.

Using them, he has the ability to suspend any regulatory statute or state agency rule without legislative approval, transfer money between agencies without legislative oversight, commandeer private property and use state and local government resources, evacuate populations and restrict the movement of the people, among other things.

[…]

The declaration was first made on March 13, 2020, and has been renewed 32 times since.

“Declaring a state of disaster will facilitate and expedite the use and deployment of resources to enhance preparedness and response,” the proclamation read.

At the time, 80 Texans had confirmed or suspected cases of COVID-19. No deaths had been reported yet.

Under the public health disaster order, Abbott has made several unilateral decisions in response to the pandemic.

He extended the length of early voting in 2020 to help thin out Election Day crowds. He enacted mask mandates; directed state agencies to offer work-from-home options to employees; closed bars, gyms, nail salons and other businesses during one of the early surges; banned elective surgeries; limited long-term care visits; and capped venue occupancy until later removing those limits and banning cities from enacting them.

In his entire tenure as governor, Abbott has issued 42 executive orders. Most of them — 35 so far — are COVID-related and carry the weight of law. Only seven of them, none of which were binding, came in the four years before the pandemic hit.

His most enduring actions under the disaster declaration are a ban on cities and counties from enacting mask ordinances, vaccine mandates and occupancy restrictions — a provision that seems popular with most Texas Republican lawmakers and one of the main reasons Abbott’s office says he keeps renewing the disaster declaration.

There’s more so read the rest. As noted above, the main effect of this order has been to greatly increase Abbott’s executive powers, which he has used in part to wage his war on cities and Democratic counties. Some of those actions he has taken, specifically in regard to mask mandates, are still being litigated, with initial rulings going against Abbott but with the Supreme Court still to weigh in. Some of his actions have been helpful; the story cites an extension of emergency food assistance for needy families without additional oversight as an example. The Legislature could codify or rein in Abbott on any or all of these things, but they haven’t – you may recall the calls for a special session on various COVID-related topics that went unheeded – and they won’t. But I bet they would have if Beto had been elected Governor.

Abbott’s current COVID disaster declaration – we have to be specific here, as we are also under disaster declarations for the drought, the school shooting in Uvalde, the situation at the Texas-Mexico border and wildfires – ends on December 1, and it seems a likely bet that he will extend it again. He’s got a good thing going, no one will stop him, and yes, we may face another surge this winter for which such a declaration would be routine. It might even be a good idea in the hands of a better Governor. That’s not what we have here, but it’s probably going to be what we get.

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At least we avoided violence

I’ve tried and failed to come up with a better post title than that for this.

After two years of fears of electoral dysfunction and violence, voting rights advocates breathed bated sighs of relief this week as Texas finished a relatively calm midterm election cycle.

“It was a little bit better than I thought, but I also had very low expectations,” said Anthony Gutierrez, executive director of the voting rights group Common Cause Texas. “We were really concerned about violence at the polls, and most of that was pretty limited.”

But he’s not celebrating.

Citing thousands of voter complaints received throughout the midterm cycle, Common Cause and other voter advocacy groups want the Texas Legislature to bolster voter protection and education measures and revisit recently passed laws that empowered partisan poll watchers.

The complaints ranged from long lines, malfunctioning machines and delayed poll site openings to harassment, intimidation, threats and misinformation. Common Cause received at least 3,000 such complaints on its tipline, Gutierrez said, and most of the harassment, misinformation and intimidation allegations came from voters of color, sparking fears that there were targeted efforts to quell election turnout in 2022 and future contests.

Other voting rights groups said this week that they saw a similar number of complaints. They warned that even isolated incidents can have reverberating effects on voter confidence or exacerbate political tensions that are already at dangerous levels.

“It could be chilling to thousands and thousands of voters,” said Emily Eby, senior election protection attorney for the Texas Civil Rights Project. “We can’t underestimate the impact of fear entering the voting equation.”

The 2022 cycle was the first major electoral contest since the passage of Senate Bill 1, a package of voting laws that the Texas Legislature pursued in part due to unfounded claims of widespread fraud in the 2020 presidential election. The legislation tightened mail-in voter identification requirements, banned drive-thru and 24-hour voting and curtailed early-voting hours.

Voting and civil rights groups warned at the time that the new law — coupled with rising election denialism — would disproportionately disenfranchise voters of color in Texas. In 2020, Texas had the most Black eligible voters in the nation, the second-largest number of Hispanic eligible voters and the third-largest number of Asian eligible voters, according to Pew Research Center. Texas has routinely ranked among the nation’s most restrictive for voting due to, among other things, its tight rules on mail-in and absentee ballots. This year, Texas ranked 46th out of 50 states for ease of voting, according to the Election Law Journal’s annual Cost of Voting Index.

I drafted this right after the election and am just running it now. You can read the rest, I don’t have much to add. I was pleasantly surprised that early voting went as smoothly as it did, and while there were some polling place issues in Harris County they were snafus and not the result of intimidation or sabotage, despite the risible efforts to nullify the results. There were some issues with poll watchers elsewhere in the state but I didn’t hear of anything here. Nationally, at least at this very minute, there seems to be a moment of reckoning for election denialism, though given the results here there’s no reason to believe any Texas Republican has had anything remotely close to a change of heart on that score. I too am glad we made it through this election without anything horrible happening, but I don’t know that I’m more optimistic about 2024. Ask me again later, I sure hope I can give a different answer.

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“Heartbeat” lawsuit against doctor dismissed

I’d forgotten this was still a thing, it had been so long since it was filed.

In the first test of the Texas law that empowers private citizens to sue for a minimum of $10,000 in damages over any illegal abortion they discover, a state judge Thursday dismissed a case against a San Antonio abortion provider, finding that the state constitution requires proof of injury as grounds to file a suit.

Ruling from the bench, Bexar County Judge Aaron Haas dismissed the suit filed by Chicagoan Felipe Gomez against Dr. Alan Braid who had admitted in a Washington Post op-ed that he violated the state’s then-six-week ban, Senate Bill 8, which allows for civil suits against anyone who “aids or abets” an unlawful abortion.

Thursday’s ruling does not overturn the law or preclude similar suits from being filed in the future, lawyers for Braid said Thursday. Nor does it change the almost-total ban on abortion that went into effect in Texas when the U.S. Supreme Court struck down federal abortion protections earlier this year.

“This is the first SB 8 case that has gone to a ruling, a final judgment,” said Marc Hearron, senior counsel for the Center for Reproductive Rights, which was part of Braid’s legal team. “It doesn’t necessarily stop other people from filing SB 8 lawsuits, but what we expect is other courts, following this judge’s lead, would say if you weren’t injured, if you’re just a stranger trying to enforce SB 8, courts are going to reject your claims because you don’t have standing.”

[…]

Haas said in court he would issue a written order in the next week, Hearron said. Gomez declined to comment until the ruling is finalized, though he said he would appeal the ruling. Gomez, who had no prior connection to Braid according to court filings, has said that he believed SB 8 was “illegal as written” given that Roe v. Wade hadn’t yet been overturned at the time, and he requested the court declare it unconstitutional.

Gomez told the Chicago Tribune after filing the suit that his purpose was not to profit from it, but rather to highlight the hypocrisy of Texas lawmakers when it comes to mandates on the state’s citizens.

“Part of my focus on this is the dichotomy between a government saying you can’t force people to get a shot or wear a mask and at the same time, trying to tell women whether or not they can or can’t get an abortion,” Gomez said. “To me, it’s inconsistent.”

The law, which was the most restrictive abortion law in the country when it went into effect in September 2021, purports to give anyone the standing to sue over an abortion prior to six weeks of pregnancy, which is before most patients know they’re pregnant.

The state later banned virtually all abortions except those that threaten a mother’s life, with violations by anyone who provides the procedure or assists someone in obtaining one punishable by up to life in prison. Abortion patients are exempt from prosecution under the law.

Haas agreed with plaintiffs that the constitutional standard is that a person must be able to prove they were directly impacted to sue over an abortion, Hearron said.

See here, here, and here for the background. According to the Trib, there were three lawsuits filed against Dr. Braid, but this was the only one served to him, so I believe that means there are no other active lawsuits of this kind still out there. It’s a little wild to look back and realize that this awful law ultimately led to so little direct action, but it most definitely had a chilling effect, and it set a terrible precedent that SCOTUS shrugged its shoulders at in the most cowardly way possible.

Dr. Braid’s intent, in performing the abortion and writing the op-ed that practically invited these lawsuits, was to challenge SB8’s legality on the grounds that Roe v Wade was the law of the land and thus SB8 was facially unconstitutional when it was passed. You could still make that argument now – a similar lawsuit in another state (I’m blanking on the details) hinged on that same point and prevailed in court – but in the end it wouldn’t much matter, as Texas’ so-called “trigger” law has gone even farther than SB8 did. I’m also not sure that Judge Haas’ ruling will stand on appeal, since it seems clear that the point of SB8 was that literally anyone had the standing to sue. But maybe the Texas Supreme Court will agree that “standing” does mean something less expansive than that. Again, it’s basically an academic exercise now, but you never know. And if anything about this makes the forced-birth caucus in the Lege unhappy, they’ll just pass another law to get what they want. My head hurts. Reform Austin has more.

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So why wasn’t that report on maternal mortality released when it was supposed to be?

We’ll never really know, mostly because there’s no one with the power to compel an answer from those who do know that cares enough to use that power.

State health officials had completed a long-awaited report on maternal deaths and were preparing talking points about the findings just days before it was shelved until after the November midterms, according to emails obtained by Hearst Newspapers.

The messages suggest that the agency was moving toward a required Sept. 1 release of the state’s first updated count of pregnancy-related deaths in nearly a decade.

On Sept. 2, however, then-Commissioner John Hellerstedt, an appointee of Gov. Greg Abbott, said the agency needed more time to complete the analysis.

The last-minute delay infuriated maternal health experts who have spent years pressing the state to update its sluggish data review process. Members of the state’s Maternal Mortality and Morbidity Review Committee, which analyzes pregnancy-related deaths, said they were given no heads up about the announcement.

Advocates have since accused Gov. Abbott of instigating the delay in an effort to protect his re-election chances in the midterms.

Some of the strongest condemnation over the hold-up has come from the Black community, where women are three times more likely to die from childbirth than white women. This year’s report would be the state’s first to analyze the causes behind racial disparities among those who die during or after childbirth.

While it’s true that the agency had not completed a full count as of September, as Hellerstedt said, a draft preliminary report on the majority of 2019 deaths was finished and in the final stages of editing, according to the emails. It has been the agency’s practice for years to release findings even before a full analysis is completed, in an effort to speed up public health interventions.

Agency staff were sharing final versions of the draft as late as Aug. 24, according to the emails.

Earlier that month, the health agency had been preparing to brief Abbott’s office and state legislators about the report’s findings.

See here for the background. There are answers to this question – they may vary depending on who is being asked, but they do exist. The problem is that no one who is being asked cares to answer, and no one who wants that answer has the power to make them give one. The people who do have that power – certainly the Legislature and maybe the Attorney General – don’t care any more about it than Greg Abbott does. So, unless someone like former Commissioner Hellerstedt starts telling tales out of school, we’ll never know. In the meantime, we may finally get that report as soon as this coming week, so at least we have that going for us.

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In which I ponder the future of cryptomining

I know I’m stepping away from things I have knowledge and experience with when I comment on stories like this, but sometimes I just can’t help myself.

Beleaguered crypto lenders are being dealt another blow from Bitcoin miners as they weather the aftermath of the FTX collapse.

Miners, who raised as much as $4 billion from mining-equipment financing when profit margins were as high as 90%, are defaulting on loans and sending hundreds of thousands of machines that served as collateral back to lenders. New York Digital Investment Group, Celsius Network, BlockFi Inc., Galaxy Digital, and the Foundry unit of Digital Currency Group were among the biggest providers of funding to finance computer equipment and build data centers.

The liquidity crunch hitting digital-asset markets after FTX failed comes as low Bitcoin prices, soaring energy costs and more competition weigh on miners. Loans backed by the computer equipment, known as rigs, had become one of the industry’s most popular financing tools. Many lenders are now likely facing substantial losses since they can’t seize any other assets besides the machines, whose value has dropped by as much as 85% since last November.

“People were pouring dollars into the mining space,” said Ethan Vera, chief operations officer at crypto-mining services firm Luxor Technologies. “Miners ended up dictating a lot of the loan terms, so the financiers moved ahead with a lot of the deals where only the machines were collateral.”

[…]

There is likely to be more defaults. Compared to the publicly-listed miners, private companies currently contribute about 75% of the computing power for the entire Bitcoin network and most of their rig-backed loans with the lenders remain undisclosed, according to data from Luxor. Additional loans will likely come under stress if more private large-scale miners such as Compute North file for bankruptcy.

“There hasn’t necessarily been the best due diligence on whether a miner was credit worthy or not,” said Matthew Kimmell, digital asset analyst at crypto investment firm CoinShares.

While miners tend to default when they are cash-depleted, some companies may have decided to stop paying the loans even if they still have cash on balance sheets, according to Luxor’s Vera. The collateral can be worth less now than the remaining payments for some miners.

“It could be an economic decision to walk away from the financing deals,” Vera said. “Miners are focused on how to survive the next six months rather than if they need the lender for the next five years.”

The miners use powerful energy-guzzling computers to secure the Bitcoin blockchain by validating transaction data and earn rewards in the form of the token. Bitcoin has tumbled about 75% since reaching an all-time high in November 2021.

I swear, I’m not going to start blogging about cryptocurrency on the regular, and I don’t know any more about it than the average idiot does. It’s just that when I read a story like this, I think about the rapid growth of cryptocurrency mining in Texas, which is happening primarily in rural areas, and I wonder if they’re about to see their bubble burst. I’m very much a crypto skeptic and this kind of news is right in line with my priors, so I need to be wary of reading too much into it. If there is a crash in the cryptomining business, which would have negative effects in Texas, then at least we can say we had some warning. If not, I’ll know better than to blog about stuff like this in the future.

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And now we have a judicial loser contesting the election

The Republicans did warn us they’d be sore losers.

Republican judicial candidate Erin Lunceford filed a petition Wednesday seeking a new election in Harris County’s 189th judicial district court race after losing by 2,743 votes out of more than 1 million ballots cast.

Lunceford’s opponent, Democrat Tamika Craft, won the election by 0.26 percent of the vote.

The petition, which names Lunceford as the contestant and Craft as contestee, claims numerous violations of the Texas Election Code, including a failure to provide a sufficient amount of ballot paper to 25 polling locations.

Harris County Republican Party Chair Cindy Siegel indicated there could be more election contests to come.

“During the last month, we’ve had a lot of our candidates that were in very close races that have been talking to us wanting to know the information that we’ve accumulated and have reported,” Siegel said. “Several of them are considering election contests.”

Andy Taylor, general counsel for the Harris County GOP, is representing Lunceford.

Taylor accused Harris County Elections Administrator Cliff Tatum, who took over the office starting in August, of intentionally causing ballot paper shortages in Republican-leaning neighborhoods.

“If it was just mismanagement, it was just gross incompetence, wouldn’t one think that the lack of paper would apply equally and uniformly across the map, so that there would be roughly an equivalent number of Democratic stronghold precinct neighborhoods as well as Republican precinct stronghold neighborhoods?” Taylor said. “And, yet, that’s not the way it’s breaking.”

Taylor alleged 80 percent of polling places with paper shortages on Nov. 8 were in areas considered Republican strongholds.

“I want to send a message to the Harris County elections administrator,” Taylor said. “Mr. Tatum, your day of reckoning has just started.”

In a statement, Harris County Attorney Christian Menefee said his office will keep a close eye on Lunceford’s election contest.

“I’m disappointed to see another losing candidate challenging the results of their election. Judge Lunceford previously served on the bench, so I trust she understands the seriousness of asking a court to disregard the votes of over a million residents across Harris County,” Menefee said. “This case will focus on the details of every aspect of the November 8 election in Harris County. My office will be involved in the case every step of the way to ensure people’s votes are protected.”

The petition is filed in Harris County, but the case will be heard by a judge from outside the county, according to Menefee’s office.

So many things to say, so I’ll bullet-point it:

– This is different from the ridiculous election contest filed in HD135 by a candidate that lost by 15 points and over 6,000 votes. That one would be heard in the House by a House committee, if Speaker Phelan for some reason doesn’t toss it as a frivolous waste of time. This one will be heard in a courtroom.

– As a reminder and a general principle, never believe a word Andy Taylor says.

– To put it another way, good luck proving intent. Also, reports from the field on Election Day about paper issues were very much coming from Democratic sites. The Texas Organizing Project didn’t file its lawsuit to extend voting hours because of problems in The Villages and Cy-Fair.

– Random fact: In 2020, Democrat Jane Robinson lost her race for Chief Justice of the 14th Court of Appeals by 1,191 votes out over over 2.3 million cast, a margin of 0.06 percent of the vote. You know what she did? She conceded gracefully and went on with her life.

– Another reminder: There were 782 voting locations on Election Day, and you could vote at any of them. There were a half-dozen voting locations within walking distance of my house on Election Day. Anyone who ran into a problem at one location could have gone to another. By all accounts, there were maybe 20-25 sites that have paper issues. That left a mere 750 or so alternatives, including ones that would have been very close by.

– In other words, please find me the people who showed up to vote at a location that was having paper problems, and did not wait for them to be fixed, did not go to another location, did not come back later, and as a result did not vote. You really gonna claim that there were over two thousand of them, and all of them were going to vote for Erin Lunceford?

– Did I mention that the Republicans opposed the extension of voting hours in Harris County (and not in red-voting Bell County, which also had voting location issues), and also opposed the counting of provisional ballots cast by people who voted after 7 PM? As I said before, the obvious way to deal with delays in opening a given voting location is to push back the closing time for it. But the Republicans opposed that at every turn.

– Can you imagine what the Republican response to this would be if it were a Democrat complaining about voting location problems? You could have voted elsewhere! You could have voted early! It’s your own damn fault you didn’t vote! Look at how zealously they opposed all of the efforts to expand voting access in the pandemic, including the third week of early voting that Greg Abbott ordered. You’re immunocompromised and you want to vote by mail or from your car because you’re afraid of a deadly disease? Too bad!

– The remedy, if they somehow win on these laughable claims, would be to redo the entire damn election. To say the least, that is a massive, massive upending of the regular democratic order. The amount of evidence they’d need to provide to come close to justifying such an ask, I can’t even begin to comprehend.

– But really, this is all about making noise and trying to cast doubt on the election administrator’s office and government in general in Harris County. It’s just the Big Lie in a slightly sanitized package.

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League City to mess with its libraries

This is watered down from the original proposal, which was a true book ban situation, but it’s still bad and dumb and ominous.

At a packed League City council chambers Tuesday night, residents made their voices heard about a proposed resolution that would rewrite the criteria on which materials are allowed in the city library for children’s books.

Out of 63 speakers, only 10 supported the resolution during the citizens speaking portion of the meeting that lasted nearly two hours. The crowd overflowed into a separate city hall room watching on a monitor.

However, the council late Tuesday voted 4-3 to support the resolution.

Councilman Tommy Cones who backed the resolution, said: “We’re not trying to ban books by any means. I don’t want to take out books about the gay community, but I certainly don’t want minors to pick up a book and sit at a table and start looking at some of these pictures we were handed out tonight.”

John Bowen, another councilman, pointed out the lopsided nature of the speakers, adding: “I’m not saying that those who are for this are not here but they are not making their voice heard. To me if something is that important those people would come forward.”

One after the other, residents of various backgrounds and ages spoke against the proposal, which would prohibit the city from spending tax dollars to materials targeted to children under 18 that “contain obscenity”.

Former educators, school psychologists, current and former members of the library’s board of trustees told personal stories of how books enriched their lives, and in some cases, personal struggles, and spoke on the broader issues of censorship.

“I thought the days of book burning were over,” said one former teacher.

[…]

Many chided the resolution’s language which seemed to equate pedophilia with homosexuality, and others mocked the authors for its use of terms like “ideologue sexuality”.

“I looked it up and I got two hits,” said one, “and both were from the League City agenda”.

“No one has been able to tell me what ‘Ideologue sexuality” is,” said Saultczy Khobahlt Bleu before the meeting. Bleu, a League City resident, encouraged residents to attend Tuesday night’s meeting as a statement.

“I don’t think they knew what they were getting into and didn’t expect this kind of response (against the proposal).”

Kirsten Garcia, a former educator, spoke about how, as a young survivor of sexual assault, books helped her journey toward healing when she couldn’t tell her story to anyone.

“When you tell groups of people – whether they are survivors of rape, or pedophilia or whatever category they fall into – that literary (books) about them is not welcome we’re essentially telling them they are not welcome in the library,” Garcia said before the meeting. “When we start to exclude literature about certain groups of people, we are telling those people that their voices and experiences don’t matter.”

Councilmember Justin Hicks said the resolution is not a book ban.

The proposal, a third revision, is a watered down version of the original that would have prohibited the city from spending tax dollars on materials targeted to children under 18 that “contain obscenity.”

Authored by councilmembers Hicks and Andy Mann, the resolution would limit the use of tax dollars to purchase materials for the city library, specifically books aimed at children under age 18. Topics singled out for scrutiny in the resolution include gender ideology, pedophilia, rape and bondage, and “ideologue human sexuality.”

Opponents say the resolution, which has been revised three times since it was first made public, is an attempt to censor and leans heavily on materials that “contain obscenity,” a vague description some say is used to target LGBTQ-related and other perspectives.

From the earlier story, here’s what had been originally proposed:

Councilmembers Justin Hicks and Andy Mann added a proposed resolution to the agenda late last week that would prohibit the city from spending tax dollars on materials targeted to children younger than 18 that “contain obscenity,” specifically related to a list of five topics that include gender ideology, “idealogue human sexuality,” pedophilia, rape and bondage. It quickly made rounds on Facebook ahead of Tuesday’s council meeting.

[…]

After the initial agenda went out and before Tuesday’s meeting, Hicks and Mayor Nick Long told the Chronicle they planned to introduce a revised resolution that would only create a system for challenging books’ presence in the children’s section, Long said.

The original version of the resolution on the official council agenda as of midday Monday was not the final version, Hicks said. That version, which circulated on Facebook, proposed an auditor to review the books and send the report of “noncompliant materials” to city council, which could then vote for the city manager to restrict minors’ access to the books or “to remove the materials from circulation altogether.”

Hicks provided what he called an updated version of the resolution to the Chronicle that laid out a different process. People could bring challenges over books to a community standards review committee that would be created by the city council. The committee could then decide whether to restrict minors from accessing the book or remove it all together. A challenger would have the option to appeal the board’s decision.

Long said he will propose creating a 15-person committee, including seven members of the existing library board and eight members representing different sections of the community, including parents and educators, to review complaints. The council would then hear appeals of that committee’s decisions.

I too have no idea what “idealogue sexuality” is, but I do know that’s not how you spell “ideologue”. Maybe that’s why no one could find this alleged term on the internet. The people who showed up to this Council meeting to voice their opposition to this still-very-bad ordinance did a good job of saying what was bad about it, so I will just note that of the three Council members quoted in the story in support of it, two of them were just re-elected to League City city council, which has four-year terms. (Andy Mann was unopposed so he’s not listed there but you can find him in the Election Day report at harrisvotes.com. League City is in both Harris and Galveston counties, which is why the Harris vote totals are different than what you see in that tweet.) My advice is to make note of who supported this and who didn’t, and show up in equal force at their next election. Because (say it with me now) nothing changes until people like CMs Hicks, Mann, and Cones lose elections over the bad things they do.

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Abbott bans TikTok on state-issued devices

Honestly, I’m fine with this.

Gov. Greg Abbott announced Wednesday a ban of the popular app TikTok from all government-issued devices.

In a news release, the Republican said the Chinese government could use the app to access critical U.S. infrastructure and information.

“TikTok harvests vast amounts of data from its users’ devices — including when, where, and how they conduct internet activity — and offers this trove of potentially sensitive information to the Chinese government,” Abbott told state agency heads in a letter Wednesday.

TikTok is owned by Chinese company ByteDance.

On Wednesday, Abbott also sent a letter to Lt. Gov. Dan Patrick and Texas House Speaker Dade Phelan telling them “the Executive Branch will stand ready to assist in the codification and implementation of any cybersecurity reforms that may be deemed necessary.”

Abbott’s directive comes the same day as the state of Indiana filed a lawsuit against TikTok.

Indiana Attorney General Todd Rokita, also a Republican, claimed the app exposes minors to mature content and that it has deceived its “users about China’s access to their data,” The New York Times reported Wednesday.

Indiana’s lawsuit is the first against the app filed by a U.S. state. But a growing list of Republican governors have banned the app from government-issued devices. This week, Maryland Gov. Larry Hogan issued his directive and South Carolina Gov. Henry McMaster blocked the app from government electronics. Late last month, South Dakota Gov. Kristi Noem did the same.

From a cybersecurity perspective, there are valid reasons to assess TikTok as a higher-risk application. Indeed, as the story notes, the FBI raised national security concerns about it. It is also not unreasonable to declare that TikTok has limited value in the workplace and thus does not belong on workplace phones and computers. I’d make an exception for people whose jobs make use of social media – if the state of Texas doesn’t have any employees with that kind of job description, they really should – but banning it for others makes sense. One could also reasonably assess it differently – there’s always judgment in these matters. Speaking as someone whose workplace also blocks TikTok, I don’t see this as outside the mainstream.

Of greater interest to me is the note about implementing cybersecurity reforms. Given the recent ransomware attacks on state networks, as well as on various municipal governments, I’d say it’s long overdue. As with anything Greg Abbott says, the devil is in the details and I’ll believe it when I see it, but if this is a serious effort and it comes with the proper allocation of resources, it’s all to the good. The Trib and the Chron have more.

Posted in Show Business for Ugly People, Technology, science, and math | Tagged , , , , , , , , , , , , , , | 1 Comment

Yes, we’re talking about Texas Senate 2024

Gromer Jeffers points out that Ted Cruz may run for both President and re-election to the Senate in 2024, which he can do under the law that was passed to allow LBJ to run for Vice President in 1960 (and Lloyd Bentsen in 1988). Among other things, that means the list of potential candidates to fill his seat is already pretty long.

Not Ted Cruz

After eight years of the current GOP statewide leadership, many Texas Republicans are anticipating a shift in the state’s power dynamic.

The moves Cruz makes in 2024 could trigger some of Texas’ most notable elected officials to run for the Senate seat he holds, as well as other offices created by a domino effect.

Democrats are also watching Cruz.

U.S. Rep. Colin Allred, D-Dallas, is a possible 2024 Senate contender whether or not Cruz seeks reelection.

So in any scenario, there could be political intrigue, which is frequently the case in situations involving Cruz.

[…]

If he changes course and doesn’t seek reelection, several Republicans have been mentioned as potential candidates to replace him. The list includes Paxton, who in November was elected to a third term, U.S. Reps. Dan Crenshaw of Houston, Pat Fallon of Sherman and Lance Gooden of Terrell. Other contenders are Texas Comptroller Glenn Hegar and Texas Sen. Dawn Buckingham of Lakeway.

Statewide leaders like Paxton and Hegar could run for Senate in 2024 without risking the seats they hold. Members of Congress are elected every two years and don’t have that luxury.

[…]

Presidential politics aside, Texas Democrats are hoping to deny Cruz another term in the Senate. In 2018 Cruz beat former U.S. Rep. Beto O’Rourke by only 2.6 percentage points. O’Rourke, who ran for president in 2020, lost a November governor’s race to Abbott.

With an O’Rourke vs. Cruz rematch unlikely, a potential candidacy by Allred, in his second term as a congressman representing North Dallas, is creating buzz among Democrats.

Allred, considered a pro-business moderate, has not sought any Democratic Party leadership post in the aftermath of House Speaker Nancy Pelosi’s decision to step down as leader. That gives him the flexibility to avoid ultra-partisan votes that would haunt him in a statewide campaign for Senate.

The question for Allred and others: Can a Democrat win a statewide race in Texas?

See here for some background, and prepare yourself to hear way too much about Ted Cruz over the next year or more. Note that Dawn Buckingham is the Land Commissioner-elect, so she’s in the same “doesn’t need to risk her seat” camp as the other statewides. As for Rep. Allred, I had recently heard some speculation about his potential candidacy in 2024. It would be a bold move, giving up a safe Congressional seat for an underdog run for Senate, but Allred is young enough that he could have a second act in politics with little difficulty. If he loses in a close race, he’d be in the same position in 2026 and 2028 as Beto was after 2018, the default frontrunner for a second bite at the apple. If it comes to that, I sure hope he has a better result on the retry. Anyway, at least now we have a possible Dem candidate, one who has already won a tough November race and who has established himself as a good fundraiser. We’ll see how it goes from there.

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Look to the state legislatures for the next frontiers in forced birtherism

The state of Texas will of course be on the forefront of this, but it will surely follow examples from other states as well.

As statehouses across the country prepare for next year’s legislative sessions — most for the first time since Roe v. Wade was overturned — Republican lawmakers are pushing for further restrictions on reproductive health, even in states where abortion is already banned.

But fissures are already emerging. Now, anti-abortion lawmakers must decide if they will push new abortion bans — a subject of debate among some abortion opponents — if they will amend existing bans to allow for abortions in cases of rape of incest, or if they will move to other reproductive health issues such as contraception. Abortion opponents have struggled to agree on all of them, especially with total abortion bans proving unpopular among voters.

“We will see this split in the Republican Party around following essentially their base, which wants to ban abortion without any exceptions, and the larger public,” said Elizabeth Nash, who tracks state policy for the Guttmacher Institute.

Near-total abortion bans are in effect in 13 states, and others have limited access: In Georgia, the procedure is banned for people later than six weeks of pregnancy, and in Florida and Arizona, it is banned after 15 weeks of pregnancy. Bans in seven other states have been temporarily blocked but could take effect pending state court rulings.

With Republicans controlling the U.S. House, federal abortion legislation — whether a ban or national protection — is unlikely to pass. State legislatures are the likeliest source of new abortion policy, and most work only part-time, meeting to consider bills for a few months either every year or every other year. The legislative year typically starts in January, but lawmakers are starting to prefile bills, offering a first glimpse into what they hope to accomplish next year.

Two bills in Texas, one of the few states that has bills prefiled, show how legislation could prevent people from leaving the state to access abortion.

Republican lawmakers have put forth a bill that would prohibit government entities from giving someone money that might be used to travel out of state for an abortion. Another bill would eliminate state tax breaks for businesses in the state that help cover their employees’ travel costs associated with getting an abortion outside of the state.

Though no other states have similar bills yet, those could, if passed, offer a model for other states seeking to restrict abortion access further without directly banning interstate travel. Texas has already banned abortion completely, and it was the first state to eliminate access to abortions after six weeks, even before Roe v. Wade was overturned.

In Missouri — which, prior to Roe’s overturn had some of the most restrictive abortion policies in the country — lawmakers have begun to pre-file bills intended to keep people from accessing abortion. The procedure is already banned there, but no state law prevents people from getting medication abortion pills from another state, or from traveling out of state for an abortion.

If passed, these bills could change that. One would make it a felony to transport drugs that are intended to be used to induce an abortion, though the bill would not criminalize pregnant people. (Similar legislation last year did not pass.) Another bill would treat a fetus as a person — legislation that could effectively equate abortion with murder. Both could pass this session, Nash said, though it’s hard to tell what abortion bills lawmakers will prioritize until they come back to the capitol.

There’s more, so read the rest. We are well aware of the split between public opinion and Republican action on abortion, but as yet that has not caused the Texas GOP any electoral problems, so there’s no reason to believe they will be held back in any meaningful way. We also know that actual legislation is not required if threats and bullying do the heavy lifting for you. I haven’t spent a lot of time reading through legislative previews and stories of pre-filed bills because I know it’s going to be a massive shitshow and I’m trying to stay sane during the holidays. Just know that what happens in one Republican-dominated legislature will be copied by another, and it will work its way to the federal stage as well.

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Beto tries again to get ridiculous defamation lawsuit dismissed

Hope he has better luck here.

The gubernatorial election is over, but Kelcy Warren’s defamation lawsuit against Beto O’Rourke lives on.

Warren, the Dallas pipeline tycoon, sued O’Rourke in February over accusations he made on the campaign trail that Warren effectively bribed Gov. Greg Abbott with a $1 million contribution following the 2021 power grid collapse. The lawsuit has since been working its way through the legal system, and a state appeals court heard oral arguments Wednesday on O’Rourke’s motion to dismiss it.

Addressing a three-judge panel at the Third Court of Appeals, O’Rourke lawyer Chad Dunn argued that O’Rourke’s scrutiny of the donation was protected by the First Amendment and involved someone who had become a public figure.

“The minute you give $1 million to a gubernatorial candidate in one of the largest states, in Texas, you can expect attention,” Dunn said. “Mr. O’Rourke’s attention was not libel or slander.”

Warren’s lawyer, Dean Pamphilis, maintained his client is a private citizen.

“What they’re asking you to do here is to conclude that a million-dollar — or any — campaign contribution makes you a public figure, opens you up to attack that you can’t defend against unless you prove actual malice, and there is no precedent for that whatsoever,” Pamphilis said.

[…]

Both lawyers suggested the case has broader stakes for freedom of speech and electoral politics.

“Do we wanna live in a world where after political campaigns, we’re gonna have jury trials about what candidates said along the way?” Dunn said.

See here for the last update. I maintain this is a nuisance suit being brought by a fabulously wealthy dude who wants to have big influence over politics and lawmaking but doesn’t want to be held accountable for it. He absolutely does not deserve this level of protection from his own actions.

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Texas blog roundup for the week of December 5

It’s beginning to look a lot like the weekly Texas Progressive Alliance blog roundup, everywhere you go.

Continue reading

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City approves new regulations on outdoor music festivals

Hope they help.

Houston City Council on Monday approved stricter permitting requirements for outdoor music events on private property with more than 500 attendees.

There has been an increasing number of instances in which organizers only informed the city of their plans days before an event, sometimes leading to an additional cost of thousands of dollars for city staff and law enforcement to handle unexpected safety issues at the venue, according to city and law enforcement officials.

Under the new ordinance, organizers would have to turn in permit applications at least 60 days prior to the event and have a detailed safety plan in place. Failure to do so will result in a late fee and require the organizer to pay for any extra public expenses associated with the event.

The ordinance would bring the level of review for large music events on private property on par with those on public property.

“With social media and everything, all of a sudden you can get hundreds and hundreds, if not thousands, of people showing up,” Mayor Sylvester Turner said at Wednesday’s City Council meeting. “And then something happens, and then here we are on the news because people are saying to us ‘Did you all permit that, why didn’t you permit it, and why did you all allow this to happen?’ ”

[…]

Turner said the ordinance was tailored specifically to deal with music events because city staff and first responders have identified the most problems with those types of events.

“I asked them to carefully craft a very narrow ordinance since we’re dealing with people’s private property,” the mayor said. “When you cast that net and include everything, then you really are imposing the city’s will on private property owners across the board with little or no justification for it.”

See here for the background. I’m fine with this, but I will continue to wonder if there isn’t more that can and should be done. As with the AstroWorld task force recommendations, I’d really appreciate hearing a discussion with some experts about this.

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Abbott to nominate Jane Nelson as next SOS

That was quick.

Jane Nelson

Gov. Greg Abbott said Tuesday he will nominate retiring state Sen. Jane Nelson to be secretary of state. The announcement comes one day after John Scott said he would step down from the role at the end of the year.

Nelson, R-Flower Mound, is retiring from the Senate this year after 30 years in the Legislature. Her nomination to be the state’s top elections official will give Abbott a strong candidate for Senate approval after his last three nominees dating to 2018 have failed to be confirmed.

“I look forward to this new chapter of public service and appreciate the confidence Governor Abbott has placed in me to serve as Secretary of State,” Nelson said in a statement. “Voters expect fair elections with accurate, timely results, and I am committed to making that happen. Texans with all political views should have faith in our election system.”

[…]

Nelson’s nomination brings a longtime veteran of state politics to the role. She is the longest-serving Republican in the Texas Senate and has passed bills on changes to medical liability, property taxes, the state’s long-troubled foster care system, mental health care, domestic violence, sexual assault and human trafficking. She also was the first woman to lead the powerful Senate Finance Committee, which writes the state budget, and passed legislation to create the Cancer Prevention and Research Institute of Texas.

In recent years, Nelson’s time at the Legislature has been focused on the state budget, and she has not been as involved in elections legislation. Like the rest of her Senate Republican colleagues, she voted in favor of a sweeping elections bill last session that tightened election laws in the state and that Democrats decried as voter suppression. The legislation banned programs that expanded access to voting like 24-hour voting and drive-thru voting and put limits on the number of hours counties could keep polls open.

Her office did not immediately respond to an interview request about her nomination.

Nelson’s nomination is a strategic political move by Abbott, who has seen a revolving door of elections officials who were unable to get through the confirmation process.

Scott did not have to undergo the Senate’s confirmation process because he is resigning before the Legislature’s biennial session to return to private practice. But Abbott’s last two nominees before him, David Whitley and Ruth Ruggero Hughs, held out for most of their respective legislative sessions waiting for confirmations that did not come.

Whitley was derailed by Democrats’ opposition to him because of his supervision of an attempt to purge the voter rolls of 100,000 voters, many of whom had Hispanic surnames and had previously not been U.S. citizens but subsequently became naturalized. Hughs’ confirmation process flew under the radar, but activists who have cast doubt on the integrity of elections without evidence opposed her confirmation because her office had claimed the 2020 elections were “smooth and secure.” She resigned before ever facing a hearing.

Nelson’s status in the Senate’s Republican Caucus and her proximity to Lt. Gov. Dan Patrick, who leads the chamber, make her confirmation more likely. And because Scott has pledged to release the results of the audit under his tenure, any lingering issues with that review will not fall on Nelson.

See here for the background. Whatever else one might say about Jane Nelson, she’s a serious policy person and has always struck me as an institutionalist. She’s certainly conservative, but I don’t associate her with the modern wingnut faction, in part because she’s been there for so long and in part because I’m just not aware of her saying crazy or radical things. There’s no one that Greg Abbott would nominate that I would prefer to be Secretary of State, but a serious policy person who has no track record of wanting to burn shit down is about as good as we can hope for. I wish her the best and hope she doesn’t make a fool out of me.

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I regret to inform you that “tripledemic” is a word

The good news is that we may avoid it here in Houston.

A collision of three respiratory viruses — COVID-19, influenza and RSV — may not hit Houston as severely as other parts of the country, experts say, but pediatric hospitals are still preparing for a busy winter season with at least some virus overlap.

Texas Medical Center data published Tuesday shows early signs of another COVID wave, with an uptick in hospitalizations and the positivity rate, which jumped from 3.2 percent to 5 percent last week. COVID wastewater surveillance also offers a grim outlook, as the viral load rose for the fifth straight week, to 196 percent of the baseline set in July 2020. Newer variants make it difficult to predict the size and severity of the next wave of infections, experts say.

Meanwhile, RSV and flu, two respiratory viruses that commonly infect children, continue to circulate at high levels, weeks after patients began filling beds and prolonging wait times in Houston pediatric hospitals. Despite the ongoing strain, infectious disease experts believe Houston can avoid a so-called “tripledemic,” in which three simultaneous virus surges overwhelm hospital systems.

Statewide surveillance shows both RSV and flu have either peaked or declined.

“At least for us, here in Houston, the story that’s being written is we had this very early peak of flu and RSV and they’re starting to come down,” said Dr. Wesley Long, the medical director of diagnostic microbiology at Houston Methodist. “But then we’re probably going to see a winter speed bump of COVID.”

Dr. Melanie Kitagawa, medical director of the Texas Children’s Hospital pediatric ICU, said there are roughly 50 children admitted to Texas Children’s with RSV, or respiratory syncytial virus, which usually causes mild cold-like symptoms but can be severe for infants and older adults. That number has remained steady for at least a month, but flu admissions have been decreasing across the hospital system, she said.

Flu and RSV admissions have stayed at consistently high levels at Children’s Memorial Hermann for weeks, said Dr. Michael Chang, an infectious disease pediatrician at the hospital who is affiliated with UTHealth Houston.

Chang expects RSV to become more manageable before COVID ramps up. The percentage of positive RSV tests has dropped across the state since early October, from roughly 25 percent to less than 15 percent, according to the Texas Department of State Health Services.

For him, flu rates are more of a concern. Texas’ flu infection rate of 29 percent is among the highest in the nation, according to the Centers for Disease Control and Prevention.

“For flu, what I really worry about is that people have returned to normal behaviors, and vaccine uptake doesn’t seem to be really good,” he said. “From what I’ve seen of the new COVID numbers, we may see an unfortunate confluence of (COVID) and significant flu cases. But luckily I think we will avoid a full ‘tripledemic.’”

There are recent signs that the flu is waning as well.

See here for some background. We have milder winters here, so because we can still do stuff outside we can have a smaller winter effect from COVID. But the bottom line is the same as it always has been for minimizing the spread of these viruses. Get your COVID boosters, especially the bivalent booster. Get your flu shot. Keep wearing your facemask in crowded indoor spaces, and avoid such spaces where possible. You have the power and the choice to minimize your risk.

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Fred McGriff elected to the Hall of Fame

Congratulations to him.

“The Crime Dog” finally had his day.

In Fred McGriff’s first second chance at the National Baseball Hall of Fame voting process, the Contemporary Baseball Era Players Committee did what the Baseball Writers’ Association did not. McGriff was the committee’s lone Hall of Fame selection among the eight candidates considered during a vote held Sunday at baseball’s Winter Meetings in San Diego.

McGriff received unanimous support, appearing on all 16 ballots cast. He will be inducted alongside any BBWAA selections on July 23 in Cooperstown, N.Y. The BBWAA results will be announced Jan. 24 on MLB Network.

“I’ve been totally blessed over the years,” McGriff said. “[This selection] is just icing on the cake. And for it to be unanimous, it’s a beautiful thing.”

Though McGriff went 16-for-16, none of the other men on the Contemporary Baseball Era ballot — a ballot comprised of players whose greatest contributions to the game came from 1980 to the present — received the 12 votes (or 75%) necessary for selection. The results revealed by the Hall were as follows:

McGriff: 16 votes, 100%
Don Mattingly, 8, 50%
Curt Schilling, 7, 43.8%
Dale Murphy, 6, 37.5%
Albert Belle, Barry Bonds, Roger Clemens and Rafael Palmeiro: Fewer than 4 votes

And so once again, three prominent players linked to performance-enhancing drug use — Bonds, Clemens and Palmeiro — were left on the outside looking in. The earliest they could be considered again is three years from now.

I’m happy for McGriff, who has a better traditional-stats case for the Hall than an advanced-stats case and whose candidacy is not as compelling as some players not on the ballot but who is by all accounts a good guy and as scandal-free as they come. Indeed, as Jay Jaffee has pointed out, the deck was kind of stacked for him. Which, fine, he’s a decent fit for the Hall even if he shouldn’t have been first in line. It’s just weird to see and a little too reminiscent of the days when Frankie Frisch got all his buddies elected via the Veterans Committee for my liking. None of which is McGriff’s responsibility, so congratulations to him. We’ll see who if anyone gets elected from the writers’ ballot in January.

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LULAC files that lawsuit to end Houston City Council At Large districts

We’ve been waiting for this.

The League of United Latin American Citizens on Monday filed its long-anticipated lawsuit against the city of Houston, seeking to get rid of at-large City Council seats that it says leave Hispanic residents with insufficient representation at City Hall.

The group, one of the largest Hispanic civil rights organizations in the country, first announced plans to take legal action against the city in January.

While 45 percent of Houston residents are Hispanic, Robert Gallegos of District I is the only Hispanic person holding a seat on the 16-member body, even though the city previously created two other Hispanic-opportunity districts, H and J.

The federal lawsuit aims to replace the city’s five at-large seats, which represent voters citywide, with single-member seats dedicated to certain geographic areas. Houston’s current election system has created barriers to Hispanic representation and deprived hundreds of thousands of minority Houstonians of their voting rights guaranteed by law, the complaint says.

“The Latino voters of Houston have waited for fair redistricting plans. They have waited for years for the city of Houston to end its long relationship with ‘at-large’ districts that dilute the electoral strength of Hispanics,” the lawsuit says. “The time has come to replace this old election system that functions solely to dilute the power of Houston’s Latino voters.”

Houston City Council was comprised of all at-large positions until 1980, when it switched to a mix of district seats and five at-large seats. The change led to more diverse council bodies and better representation of minority voters, according to the complaint. Still, only four with Spanish surnames have been elected to one of the five at-large districts since then because Latino-preferred candidates rarely do well in citywide races, it says.

While many local Latino candidates also face other challenges, such as a lack of resources, the council structure remains a major hurdle for them, according to Jeronimo Cortina, an associate professor in political science at University of Houston.

“When you look into political science literature, you’ll find that at-large seats tend to decrease the likelihood for minority candidates to win an election,” he said.

It is, however, not sufficient to simply look at the absence of Latino city council members, Cortina said. To substantiate LULAC’s claim that Houston is in violation of the Voting Rights Act, the organization would have to prove that Latino Houstonians have been acting as a cohesive voting bloc but unable to elect a candidate of their choice.

“It would take a lot of time and a lot of data,” Cortina said. “But the fact is that Latinos have been running and Latinos are not winning these elections.”

See here, here, and here for the background, and here for a copy of the lawsuit. I’ve said all I have to say in that first link. Whatever happens with this lawsuit happens, and I’ll be fine with it. Courts have ordered cities like Pasadena and Farmers Branch to incorporate City Council districts in recent years, but those places began with all-At Large systems, and they were much more clearly discriminatory in my opinion. They were also decided in a time before SCOTUS went all in on destroying the Voting Rights Act. This could go either way, and I’ll be surprised if there is a temporary restraining order in place to block the use of the current Council map for the 2023 election. After that, we’ll see. The Trib has more.

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Time for the biennial salute to the new Secretary of State

So long, John. Hope the next guy is better than you were.

Texas Secretary of State John Scott will step down from his role as the state’s top elections official at the end of the year.

“When I took office as Texas Secretary of State in October of last year, I did so with a singular goal and mission in mind: to help restore Texas voters’ confidence in the security of our state’s elections,” Scott wrote in a letter to Gov. Greg Abbott on Monday. Scott said he would be returning to private practice.

Scott has served as interim secretary of state since last October, but he has struggled to walk the line between reassuring the public that the state’s elections are safe and secure and entertaining questions from some vocal critics who cast doubt on the integrity of elections. The Dallas Morning News first reported the departure.

Scott oversaw four statewide elections during his time as secretary of state. He also supervised an audit of the 2020 elections in four of the state’s largest counties. Critics have falsely said those elections included outsized voter fraud and irregularities. The first phase of the audit was released on New Year’s Eve 2021 and found no significant evidence of widespread fraud.

A news release from Scott’s office said he would release the findings of the audit before his departure on Dec. 31.

Scott came close a couple of times to actually saying the right thing about election denialism, but in the end he never overcame his lack of trustworthiness. Sometime in the next few months Greg Abbott will nominate a new person for SOS, and either that person will get confirmed by the Senate or will have to step down in two years as Scott is now doing. The Dems in the Senate do have some leverage as far as that goes, so maybe Abbott will decide to appoint someone relatively non-controversial. I don’t hold out a lot of hope for that, but you never know. Texas Public Radio and the Chron have more.

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A non-prescription pill

This sounds like a good idea.

If you’re one of the estimated 10 million people in the United States taking oral contraception, you probably needed a prescription to get it. But that could soon change: In July, a Paris-based company, HRA Pharma, announced it asked the US Food and Drug Administration for permission to sell its progestin-only birth control pill over the counter. For the first time since its approval in 1960, the Pill may be available with no requirement to consult a health care professional—a significant hurdle for those most in need of the medication.

The US wouldn’t be the first country to #FreeThePill; in fact, oral contraceptives are available without a prescription in more than 100 countries. That’s because the Pill is nearly 100 percent effective when taken regularly, and safe for most people. Blood clots, a risk associated with the drug, are serious, but rare in today’s formulations: Every year, between one and five out of 10,000 women who are not on hormonal birth control or pregnant experience a blood clot; for people on the combination (estrogen and progestin) pill, the risk rises to between three and nine out of 10,000 people. And there’s no increased risk of clots for those on a progestin-only pill. In recent years, dozens of US medical organizations have declared support for a nonprescription pill, and an overwhelming majority of voters appear to be in favor of making the change.

[…]

An FDA approval would be a “step forward,” California Latinas for Reproductive Justice Communications Director Susy Chávez Herrera says, “in terms of expanding health care access, and folks in our community having bodily autonomy.”

A decision from the FDA is likely several months away: A panel of independent experts was set to meet on November 18 to discuss HRA Pharma’s proposal, but the meeting was postponed, reportedly to accommodate more data. Now, the agency is expected to weigh in on over-the-counter birth control sometime next year.

In any case, the fight for access won’t end at the pharmacy. For one, the FDA typically only considers one product at a time; a green light for HRA Pharma’s pill won’t automatically free up other options. (So far, just one other company, Cadence Health, has said it plans to ask the FDA for approval to sell its combination pill over the counter, but has yet to complete the necessary research trials.) And just because a drug is available doesn’t mean it will be affordable. “Having the FDA approve an over-the-counter birth control pill would be a huge win,” Chávez Herrera says, “but it would not be complete if it was not accessible to the people that really need it.”

Research underscores the need to keep costs low. A 2018 study from Ibis found that generally, adults are willing to pay up to $15 for a one-month supply. “If the price goes up much more than that,” says Daniel Grossman, a professor in the department of obstetrics, gynecology and reproductive sciences at the University of California, San Francisco, and an author of the study, “then interest really kind of bottoms out.” When I asked HRA Pharma how much its pill would cost, their Chief Strategic Operations and Innovation Officer Frederique Welgryn told me in an emailed statement that the company would “set an acceptable price tested with consumers” and is working on developing a financial assistance program.

I’m in favor of anything that increasing reproductive freedom and gives women more control over their lives. I feel confident that the forced birth fanatics will fight back, via state laws that put restrictions on pill access and lawsuits that seek out friendly judges, but that’s a fight we should be willing to have. Whether this would blunt their already ongoing environmental attack is not known to me. Be that as it may, the important thing is finding ways to move the ball forward in whatever way we can.

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Uvalde class action lawsuit over mass shooting officially filed

We’ve been waiting for this.

Survivors of the fatal mass shooting at Robb Elementary School in Uvalde, Texas, have filed a $27 billion class action lawsuit against multiple law enforcement agencies in Texas, according to court documents.

The lawsuit, filed Tuesday in federal court in Austin, names the city, the Uvalde Consolidated Independent School District, the school district’s police department, the Uvalde Police Department, the Texas Department of Public Safety and a number of persons who are members or former members of the agencies listed as defendants.

The plaintiffs include parents and teachers and school staff members who were at the school May 24 when 19 students and two teachers were gunned down in adjoining classrooms just a few days before school was to let out for the summer. At least 17 others were wounded.

A total of 376 law enforcement officers from multiple agencies responded to the massacre, the second deadliest shooting on a K-12 school in the United States.

Officers waited 77 minutes after the shooter entered two adjoining classrooms before storming in and killing the gunman, an 18-year-old Uvalde resident.

The lawsuit alleges the victims and survivors “sustained emotional and psychological damages as a result of Defendants’ conduct and omissions” as a result of the shooting.

According to the lawsuit, despite active shooter training, law enforcement “fundamentally strayed from conducting themselves in conformity with what they knew to be the well-established protocols and standards for responding to an active shooter.”

The lawsuit went on to reference the dysfunction and extended time period law enforcement took to respond to the shooting.

“Instead of swiftly implementing an organized and concerted response to an active school shooter who had breached the otherwise ‘secured’ school buildings at Robb Elementary school, the conduct of the three hundred and seventy-six (376) law enforcement officials who were on hand for the exhaustively torturous seventy-seven minutes of law enforcement indecision, dysfunction, and harm, fell exceedingly short of their duty bound standards,” the suit claims.

[…]

The civil complaint is one of several around the massacre that seeks damages from a number of parties. One federal lawsuit filed earlier this week alleges nearly two dozen people and entities, including the gun manufacturer and store that provided the rifle used in the attack, were negligent and failed to protect a student who was killed. Other families filed a similar lawsuit in September.

See here and here for the background on this class action lawsuit, which we first heard about in August. As the story notes, there are separate lawsuits filed in September and earlier this week by different plaintiffs, mostly against the same defendants. As I’ve said before, I don’t know what the odds of success are – I’m more pessimistic than optimistic, but will be delighted to be proven wrong. I’ll be rooting for them regardless. NPR, Reuters, and KENS5 have more.

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The environmental attack on abortion

It’s ridiculous.

Abortion opponents and their allies in elected office are seizing on an unusual strategy after suffering a wave of election defeats — using environmental laws to try to block the distribution of abortion pills.

The new approach comes as the pills mifepristone and misoprostol, which people can take at home during the first 10 weeks of pregnancy, have become the most common method of abortion in the U.S. and virtually the only option for millions of people in states with laws that have forced clinics to close since the fall of Roe v. Wade.

The first salvo started last week with a petition asking the Food and Drug Administration to require any doctor who prescribes the pills to be responsible for disposing of the fetal tissue — which anti-abortion advocates want to be bagged and treated as medical waste rather than flushed down the toilet and into the wastewater.

If the FDA ignores or rejects the petition, as is expected, the group Students for Life of America plans to sue.

The new push is the culmination of years of brainstorming around how to restrict access to the pills — particularly since their use surged following the outbreak of Covid-19 and the FDA’s ruling in 2021 that they are safe to take at home without a doctor present.

[…]

With Leonard Leo, the Federalist Society president who has been influential in putting more conservative judges on the bench, co-chairing its board and the conservative legal powerhouse Alliance Defending Freedom, whose attorneys helped draft and defend the Mississippi anti-abortion law that eventually toppled Roe v. Wade, advising them on the campaign, Students for Life is also pushing conservative state attorneys general to bring enforcement actions against doctors and abortion pill manufacturers, and is planning a tour of college campuses to advocate on the issue.

Should they prevail in any jurisdiction, the rules would be so burdensome that use of the drugs could be effectively cut off, several groups representing abortion providers told POLITICO. And even if they are unsuccessful in court, the effort aims to sway public opinion at a time voters have become increasingly accepting of abortions early in pregnancy.

“It’s hard for me to imagine even a Trump-friendly judge going for an argument about wastewater regulation, but you never know. Anytime you deal with abortion, judges get weird,” said Mary Ziegler, a law professor at the University of California, Davis and author of “Abortion and the Law in America.” “And we know that the more the anti-abortion movement can get people to think about fetal remains and other concrete details about what abortion entails, the more uncomfortable Americans become. So, it could be helpful for them even if it doesn’t go anywhere legally.”

The group’s FDA petition argues that the high number of people using pills to terminate pregnancies at home and flushing fetal remains down the toilet — which has increased in part due to the same group’s efforts to overturn Roe v. Wade and restrict access to surgical abortions — poses risks to the environment.

It claims without direct evidence that trace amounts of the drug in wastewater could threaten livestock and wildlife as well as humans, citing some studies in which the drug was given directly to animals rather than ingested from groundwater, and others where drugs flushed directly down the toilet contaminated the water supply.

“Pharmaceutical contamination of water is a serious issue that can have serious impacts on the environment, but trying to say that one drug out of thousands is having an outsized effect is based on ideology not evidence,” said Nathan Donley, the Environmental Health Science director for the Center for Biological Diversity, who has written citizen petitions to the FDA. “Of all the drugs and synthetic chemicals we shed that can potentially contaminate water, abortifacients are a fraction of a fraction of a percent. It’s nothing.”

Also referenced repeatedly in the petition are studies about the environmental impact of hormonal contraception, leading some experts to ask whether conservative groups will apply the strategy to other drugs in the future.

“It seems like they’re laying the groundwork for considering contraception itself as medical waste,” said Susan Wood, the former FDA assistant commissioner for Women’s Health and a professor of health policy at George Washington University.

The bad faith here is thick enough to blot out the sun, but shame has never been a limiting factor for this crowd. Use of abortion pills is already pretty restricted in Texas so I’m not sure if a bill to impose this kind of requirement is likely in the forthcoming legislative session, but it wouldn’t surprise me. There will be a bill for this in the Republican-controlled US House, which at least should make the campaign case for flipping that chamber back that much easier. This is the world that SCOTUS has forced us to live in. The bad guys are going to keep coming. We can’t let up.

Posted in National news | Tagged , , , , , , | 2 Comments

HISD to get funding for electric school buses

Some good news.

Houston Independent School District is hopping on the city’s net-zero carbon emissions bus, so to speak, thanks to more than $6.2 million in funding from the Environmental Protection Agency.

The funds are part of the EPA’s Clean School Bus Program Fiscal Year 2022 rebate competition, which will award nearly $51 million in funds from President Biden’s Bipartisan Infrastructure Law to Texas school districts, and $965 million in total to districts around the country.

Houston’s $6.2 million will go toward 25 new school buses, according to a statement from the EPA. Fifteen of the vehicles will be brand-new electric buses.

[…]

HISD must now submit Payment Request Forms with purchase orders that shows the district has ordered the new buses and eligible infrastructure.

The district is among 13 Texas school districts to receive funding. Dallas ISD, the second largest school district in the state behind HISD, was awarded roughly $7.6 million. Killeen ISD and Socorro ISD received the largest sums among the districts, totaling nearly $9.9 million in funding each.

The first – and last – time I blogged about electric school buses was a decade ago. It’s fair to say this has been a long time coming. There will be another billion dollars in federal funds available for applicants next year as well, so hopefully HISD can bump up that number. Metro has used a different pot of money to get their own electric buses. The more, the better.

Posted in Planes, Trains, and Automobiles, School days | Tagged , , , , , , , , , , , , | 2 Comments

Weekend link dump for December 4

Everyone should start blogging again. Own your own site. Visit all your friends’ sites. Bring back the artisan, hand-crafted Web.”

“As first reported by The Wall Street Journal, the first self-proclaimed anti-woke “bank” in the nation is dying a hot flaming bankrupt death only a few brief months after opening for business.”

“Taking all parties together, overall perceptions of crime have been down consistently over the past decade. This changed only in 2022, when news media reports and Republican campaign ads began to insist that crime was out of control this year even though every indicator suggests that property crime is down and violent crime is up only slightly.”

Planes, Trains and Automobiles at 35: An Oral History of One of the Most Beloved Road Movies Ever Made”.

Ninety percent of Ohio diner customers approve of this profile of the NYT Pitchbot Twitter account.

So, does anyone have the wheel at Tesla now that Elon is a full-time Twitter troll/owner?

Did you know that the Netflix DVD-by-mail service is still a thing? Because it is.

Block and mute, whichever floats your boat. I had a moderately viral tweet earlier this year that drew some trolls, and I blocked them without a moment’s thought. Good times.

What Michael Harriot says.

Gaslighting is your word of the year.

The FTX “death spiral” claims another victim.

Methinks Justice Alito doth protest too much.

“Ultimately, Mueller undermined the main purpose of the special counsel, which is (in Mueller’s words), “to assure full public confidence in the outcome of investigations.” And here’s why: Barr, Trump, and others were counting on Mueller to observe institutional norms in crafting their strategy. They knew that, both because of his temperament and strict observance of institutional norms, he wasn’t going to correct their mischaracterizations publicly. Those assumptions have to change this time around: It’s clear that the old rules aren’t going to work in today’s information ecosystem. The key is to tweak them in such a way that they recalibrate perceptions without abandoning the principles on which the original polices are based.”

Lock them up. It’s a big deal.

RIP, Christine McVie, singer, songwriter, and keyboardist for Fleetwood Mac.

“This is why streaming Netflix, Disney Plus, and HBO Max keeps getting more expensive“.

“Dr. Oz’s former producers who worked on his longtime talk show are refusing to talk to him after his failed run for U.S. Senate in Pennsylvania”.

RIP, Gaylord Perry, Hall of Fame pitcher who was the first to win the Cy Young award in each league.

RIP, John Hadl, Pro Bowl quarterback for the LA Rams and other teams.

“So this was the last straw.”

“What Congress’s same-sex marriage bill actually does“.

RIP, Herb Ritchie, former criminal court judge in Harris County and survivor of Charles Whitman’s 1966 sniper attack at the University of Texas.

Posted in Blog stuff | Tagged | 1 Comment

Precinct analysis: Specifically, my precincts

I’m still waiting for the full landscape canvass data from Harris County – things are a bit up in the air right now because of the lawsuit filed by the local GOP, but I expect to get that data soon, and when I do I’ll do the usual set of analyses on it for you. In the meantime, I’ve been idly speculating about my own precincts in the Heights. I saw a lot of Mealer signs around, which is in part because she lives in the neighborhood, but it got me wondering if there was a significant crossover vote for her here. I never saw a yard that had both a Beto sign and a Mealer sign in it, but maybe those who voted that way wanted to keep it on the down low. The only way to know is to look at the data.

So I went to the canvass reports that are available now on the HarrisVotes website. I specifically wanted to see what the vote for Beto looked like versus what the Lina Hidalgo vote looked like in the two precincts around where I live and where I spend most of my time. For comparison, I did the same for 2018, to see how much Beto/Emmett crossover there was. It’s a limited look – I’ll be able to learn much more when I have the full landscape report – but all I’m looking for here is quick and dirty. That will do for now.

Here are the numbers. I added the vote totals for the two precincts. The percentages include the third party (and for 2022 County Judge, write in) candidates, so they don’t sum to 100. Note that precincts were redrawn last year, and the net effect is that there are more voters in them in 2022 than in 2018.


Year  Candidate   Vote    Pct
=============================
2018       Beto  1,819  72.0%
2018       Cruz    674  26.7%

2018    Hidalgo  1,205  49.2%
2018     Emmett  1,169  47.8%

2022       Beto  2,546  70.2%
2022     Abbott  1,019  28.1%

2022    Hidalgo  2,279  63.6%
2022     Mealer  1,302  36.3%

So yes, there were Beto/Mealer voters in my neighborhood. That’s not surprising, given that Beto got 54% of the vote and 595K votes total, while Hidalgo got under 51% and 553K votes. As I said, I won’t know if our neighborhood was substantially different than others in the improvement that Mealer had over Abbott until I get the full picture. She did fall well short of Ed Emmett in 2018, getting a bit more than half as many crossovers as he did then. Again, not a big surprise given Beto’s 58% versus Hidalgo’s 49% four years ago. Indeed, my neighborhood was a pretty good proxy for the count as a whole in the County Judge’s race in 2018, but it was significantly more Democratic in that race this year. Make of all that what you will.

From a turnout perspective, in 2018 2,527 of 3,431 registered voters came out, for 73.7% of the total. In 2022, it was 3,641 out of 5,298, or 68.7% turnout. The county as a whole declined from 52.86% to 43.54%, so again not a surprise. If anything, the decline was less steep here than elsewhere. But a decline it was.

Anyway, that’s what there is for this comparison. I will of course look at this in more depth once I have the data I need.

Posted in Election 2022 | Tagged , , , , , , , , , , , , , , | 4 Comments

Houston to spend more fixing water pipes

Seems like a good idea.

The city is poised to at least double its annual spending on water line repairs, citing two years of pipe breaks and leaks driven in part by ongoing drought conditions.

Houston lost nearly 20 billion gallons of water from January to August of this year, according to records obtained through a public information request. That represents about $75 million in potential revenue for the city’s water utility system.

City Council on Wednesday approved six emergency purchases related to water infrastructure maintenance totaling $21 million. In the previous five fiscal years, the city spent $9 to $10 million annually to repair broken water pipes, city records show.

Such emergency purchases are common during a drought, when extreme heat and dryness put pressure on the pipes around shrinking soils, Houston Public Works spokesperson Erin Jones said.

In June, record temperatures and a significant drop in rainfall prompted the city to issue a drought advisory — which remains ongoing — asking residents to limit outdoor watering and routinely check for water leaks. The last time Houston issued such restrictions was during a more severe state-wide drought in 2011, Jones said.

“All those warmer months without rain in April and May, that’s causing like a domino effect of more heat and more breakage,” she said. “It’s not as bad as what it was in 2011, but it’s important to remember that we were and still are in a drought.”

Houston has an aging underground infrastructure, Mayor Sylvester Turner said during Wednesday’s council meeting. Combined with more extreme weather conditions brought by climate change, spending more money on contractors to fix the main lines is unavoidable, he said.

“We were being overwhelmed, and so we ended up bringing on more contractors to address the situation. That has helped, and it does come with an expense,” Turner said. “We have to recognize the changing conditions and the infrastructure that’s going to be required in order to mitigate more water main leaks.”

From January to May, the amount of water lost to leaks each month nearly doubled, from 1.8 billion gallons to 3.1 billion gallons, data show. The largest water losses occurred in March, April and May, when they accounted for more than 20 percent of the city’s total treated water, slightly less than the 25 percent at the height of the 2011 drought.

That’s a lot of water, and getting the pipes fixed is not just sensible environmentally it’s also a good idea financially. I think the city has been a bit lax on this historically because we’re in a pretty wet climate and generally haven’t had to worry about having enough water. It’s very clear now that that is not a safe assumption any more.

One more thing:

Councilmember Mike Kubosh said the city should ask the state for more support, noting Texas was to receive an estimated $35 billion over five years from the infrastructure bill passed by Congress in November 2021.

“Some of the cities have crumbling infrastructure, like ours,” Kubosh said. “Thirty billion dollars just sitting there…It’s the people’s money. It doesn’t make sense that they’re not using it.”

By all means, feel free to pick up the phone and call Greg Abbott and Dan Patrick and tell them that. I wish you the best of luck in that endeavor.

Posted in Local politics | Tagged , , , , , , , , | 1 Comment