September 30, 2007
The demolition begins for Allen House

Recently, I said that demolition was imminent for Allen House. Last week, the imminent arrived:




That's a view from the rear of the section that faces Dunlavy. Click on and you'll see that at least between Dunlavy and Tirrell on the north side of the street, most of what faced West Dallas is gone.

One building down, several more to go. What you see in the background is what faces Allen Parkway, which is next on the list.
A closer look at the rubble.
The still-standing-for-now section that faces Allen Parkway, taken from Dunlavy.
The main entrance on Allen Parkway. Say good night, Gracie.
Posted by Charles Kuffner
High rises and the Z word

Apparently the recent uproar over the Bissonnet high rise has led to some talk involving a certain forbidden word in Houston.


"We're not going to have zoning," City Controller Annise Parker said flatly. "But we need to realistically look at what we owe the neighborhoods."

Arguments about development are hardly unusual in Houston, but the issue took on a new dimension last week when Mayor Bill White intervened in a dispute over a planned 23-story mixed-use project on Bissonnet at Ashby, adjoining the affluent Southampton and Boulevard Oaks neighborhoods.

The mayor, in a letter to civic club leaders displayed prominently on the city's Web site, promised to use "any appropriate power under law to alter the proposed project as currently planned."

State Sen. Rodney Ellis and state Rep. Ellen Cohen, both Houston Democrats who represent the affected neighborhoods, joined the chorus against the project Friday, calling on White and the City Council to "do everything in their power to stop this development." They said the high-rise would aggravate traffic problems and imperil drivers, bicyclists and pedestrians.

City officials, however, have not identified any city regulations that the project would violate. Andy Icken, a deputy public works director, said the city would try to negotiate with the developers, but he didn't rule out taking other steps such as invoking a rarely-used state law to impose a temporary moratorium on development of the site.

[...]

City Councilman Peter Brown, an architect and planner, has argued that Houston should adopt a form-based development code that doesn't regulate uses but ensures that the mass and scale of new development is appropriate to its surroundings.

The Bissonnet high-rise, Brown said, is a glaring example of out-of-scale development.

The project "would literally dwarf the surrounding homes in Southampton," said Brown, who lives in the neighborhood. "The city simply lacks the basic development standards to protect our neighborhoods and property values."

Increasingly, urban leaders are seeing the benefits of a form-based planning approach as they find that conventional zoning -- which separates cities into discrete sections for residential, commercial and industrial land uses -- is unduly restrictive, said John Maximuk, chairman of the American Planning Association's urban design and preservation committee.


I'm not sure what "form-based planning" means in practical terms, nor do I know if it has any more political viability than zoning did in 1993 or would have now. I'm not even convinced yet that something is likely to happen beyond more talk. But I do think that the talk isn't going anywhere, and that there seems to be a much broader consensus now that neighborhoods need some real tools to maintain some control over their destinies. I don't think we're anywhere close to an agreement about what should be done, assuming something does eventually get done. We haven't really heard from the ideologically anti-planning forces yet, nor has the developer community weighed in. Until we do, it's hard to say how this plays out.

In the meantime, here's the neighborhood argument for taking action.


Their proposed high-rise begs these questions: While it may be legal for a developer to ruin neighborhoods to make a buck, should it be? Or, should there at least be a thoughtful review of such proposed activities?

Smoking is legal, but as a community, we have chosen to exert some control over where a person is free to smoke. Isn't it time Houstonians care about our city's quality of life as much as we care about the quality of the air we breathe in public places?

Unless we as a community -- and I do not mean just those of us homeowners currently affected -- act to establish some order and planning to such unbridled growth, our city will become better known for its monuments of greed than its social responsibility and sense of caring.

This is the tip of an iceberg that will continue to impact all of us within the city of Houston.

It's hard to identify a neighborhood within Houston that is not dealing with issues similar to the one faced by the Museum District neighborhoods of Southampton, Boulevard Oaks and Broadacres.

In this mix of unregulated development and a proliferation of developers without concerns about the impact of their actions, we are witnessing the destruction of our neighborhoods and the diminution of our quality of life.


I figure we'll see a counterpoint in the next few days, perhaps from the high rise developers, perhaps from someone with a broader perspective. Stay tuned.

Posted by Charles Kuffner
LULAC endorses HISD bond proposal

On the heels of the Hispanic Chamber of Commerce endorsement, HISD scores another win with a recommendation from LULAC.


The League of United Latin American Citizens announced Saturday that it will support the Houston school district's $805 million bond measure to build and repair schools -- the second endorsement in as many days from an area Latino organization.

The board of LULAC's District 8, which covers the Houston area, voted 8-1 with two abstentions to support the Nov. 6 bond proposal despite a laundry list of concerns that included everything from the district's high dropout rate to the lack of bilingual administrators.

"We need to do it for the kids," said board member Phillipa Young, a retired school administrator.

LULAC's support comes on the heels of Friday's endorsement from the Houston Hispanic Chamber of Commerce, giving bond supporters hope that public sentiment is making a favorable shift.

Several black leaders have criticized the plan to build 24 new schools and renovate 134 others, saying it shortchanges their communities.

The endorsement from the Hispanic groups is very important, said Rick Jaramillo, co-chairman of Parents & Teachers for Our Public Schools, a political action committee supporting the bond.

"It shows a lot of unity within a certain segment of the community, and I think this is a big step in providing unity citywide."


I'm still not ready to say the proposal is a favorite to pass, but it's definitely in better shape now than it was a week ago. And as I say, this ought to provide a test of the Latino political power theory. We'll see.

Posted by Charles Kuffner
At Large #3, take three

The Chron has a brief look at the At Large #3 rematch between Council Member Melissa Noriega and Roy Morales. Not much has changed since Melissa's runoff win against Roy in June, other than her status now as an incumbent officeholder. Beyond that, she's still a good person who's become a fine Council member, and he's still a nut. Read the article if you need to be reminded of any of this, or just scan down a bit:




Really, that's all you need to know. I'll be running this again as we go along, just so nobody forgets.

Posted by Charles Kuffner
Last time I'll nag you (this quarter) for a donation

Today is the last day of the quarter. Rick Noriega is at 1061 donors and $153K in donations. Today is your last chance to affect those numbers before all the quarterly reporting paperwork gets filled out. You know what to do. Thank you very much.

Posted by Charles Kuffner
Astros retain Cooper

Cecil Cooper will be back as manager of the Astros next year.


Astros owner Drayton McLane has been so impressed with the leadership abilities displayed by Cecil Cooper during his monthlong stint as interim manager that he decided to make things a little more permanent.

Cooper had the interim tag removed Friday when he was named the club's 16th manager.

One week after hiring Ed Wade as general manager, the Astros signed Cooper to a two-year deal with a club option for 2010.

"It's a great thrill for me, and it's an honor to stand here and say I'm the new manager of the Houston Astros," Cooper said. "It's a good feeling. I really appreciate Drayton, (president of baseball operations) Tal (Smith) and Ed for showing a lot of confidence in me and giving me this opportunity."

Cooper is the first black manager in Astros history and the 14th in the history of the major leagues.

"I'm pleased that that is the case, but I still can't focus on that," Cooper said. "I have a job to do, and whether I'm blue, green or black, I'm going to do it."


First, my congratulations to Cecil Cooper, who I'm sure will do a fine job. With all due respect to him and to Phil Garner, however, I don't think this is the key move for the Stros, because I don't think their problems are on the field. They have issues with putting sentimentality ahead of productivity (see Craig "Mister 3000" Biggio and Brad "Catcher ERA Proves My Awesomeness" Ausmus), and a depleted farm system due to poor drafting. Cooper won't have to deal with the Biggio situation, and perhaps with the emergence of JR Towles he'll have a catcher who can actually hit. Beyond that, I say Cooper's success will be determined at least as much by Ed Wade's as anything else. We'll see how it goes.

Posted by Charles Kuffner
More on the Hispanic Chamber endorsement of the HISD bond referendum

Here's a fuller version of the story about the Hispanic Chamber of Commerce endorsing the HISD bond proposal.


"The tide is turning," Superintendent Abelardo Saavedra said. "I anticipate being successful Nov. 6. I anticipate us celebrating that evening."

You know how I feel about that. More in a bit.

Hispanic leaders also said they will try to persuade their peers in the African-American community, some of whom have loudly criticized HISD's plan, to change their stance.

"This is about our children. This is about our city," said Laura Murillo, president of the chamber. "We will be the leaders in the community to help unite to move this forward."

But black leaders who have raised concerns about the plan said they won't reconsider.

"There's no swaying when it comes to consolidating our schools," said Carol Mims Galloway, president of the NAACP Houston and a candidate for the school board.

Winning voters' approval won't be as easy as HISD leaders anticipated when they decided in early August to put the bond plan on the ballot. They cited polls indicating voters would overwhelmingly support the measure, as in 1998 and 2002.

"That was the expectation with this bond. Now, with some organized and vocal opposition emerging, it's dicey," said University of Houston political science professor Richard Murray.

[...]

Murray said it will take more than black opposition to sink the bond issue.

"The African-American vote is not large enough to kill the bond. Somebody else would have to vote against it," he said, adding that older, conservative voters would be the most likely group to join the opposition.

[...]

[S]chool board president Manuel Rodriguez Jr. said he hopes Hispanics take advantage of their growing influence. While he thinks they overwhelmingly support the bonds, he worries that they won't show up to vote.

"We need to make them realize the importance of their one vote as it comes together and makes for a powerful message-sender," Rodriguez said. "I applaud the black leaders for standing up and asking for more, but we need to do what's right for these schools, students and teachers who have been waiting for years."


Then we can consider this a test of Latino political power. If Latino turnout is enough to carry the bond to passage, then we'll know something new is happening. If not, we'll have to write that story again in a few years.

The fact that black and Hispanic leaders are on opposite sides on this issue doesn't signal a growing rift, said Gallegos, the state senator.

"Anybody that's telling you that is lying," he said. "We're not that far from bringing some of the black leadership in."

Others questioned whether the vocal black leadership has the same mind-set as black parents on this issue.

"The impact on the children in the northeast area and the money being spent on children in the northeast areas is such that, to not want this bond issue is not rational," said Michael Dee, co-chairman of Parents & Teachers for Our Public Schools, a political action committee supporting the bonds.


And if all that is true, then the result will bear it out. We'll see.

Posted by Charles Kuffner
AusChron gives TexBlog PAC a mention

Nice.


Progressive Texas bloggers have formed a new political action committee, the TexBlog PAC, "to effectively harness the power, energy, talent, and financial resources of the online, progressive community to make Texas a better place by electing Democratic candidates at all levels of state and local government." A fundraiser Monday night at the home of public-policy activist Kurt Meachum and attorney Amy Clark Meachum raised more than $3,500, and in only two months of existence, the PAC has raised more than $10,000 total. Partygoers mixed with the likes of Reps. Eddie Rodriguez, Valinda Bolton, Mark Strama, Lon Burnam, Pete Gallego, former Rep. Glen Maxey (who is running for Travis Co. tax assessor-collector), and Travis Co. Commissioner Sarah Eckhardt. Gallego addressed the partygoers with real optimism at what just two elections ago would have been mere fantasy: a Democratic majority in the Lege. After reaching a low of 62 Dems in the House in 2003, the donkeys have now climbed back up to 70, the latest due to Grand Prairie's Kirk England switching parties. That leaves them only six away from a majority, a prospect that clearly had partygoers giddy. For more, look at any number of prog blogs, such as www.capitolannex.com, www.offthekuff.com/mt, and www.burntorangereport.com.

Don't forget Dos Centavos, too. We've got a Houston fundraiser scheduled for October 29 now - more details will be forthcoming shortly, so stay tuned. Thanks to EoW for the catch.

Posted by Charles Kuffner
September 29, 2007
Franchione the capitalist

Well, you have to admire the creativity, if nothing else.


Texas A&M coach Dennis Franchione delivered insider information to a small and select group of supporters in exchange for $1,200 a year to help underwrite his Web site coachfran.com, a person within the athletic department confirmed Friday morning.

The San Antonio-Express News published a story in Friday editions detailing an arrangement made between Franchione and 12 boosters. According to the report, Franchione routinely sent the boosters insider information on injuries and analysis of his players in the form of an e-mail called "VIP Connection."

Franchione normally declines to discuss injuries unless they are season-ending and is never negative toward individual players in the media or in public. His discolsure of injuries in the newsletter, even without consent from a player, does not break any federal privacy laws, according to a spokesman for the Office of Civil Rights, which handles the Health Insurance Portability and Accountability Act (HIPAA).

Neither Franchione, A&M athletic director Bill Byrne nor associate athletic director Mike McKenzie, who wrote the newsletter with Franchione's permission, returned phone calls or was made available for comment. Byrne and Franchione, however, both released statements Friday afternoon explaining their sides.

It was said that Byrne was not pleased with the idea of the newsletter when he first learned of it and his words certainly support that assertion.

"I was first made aware of this VIP email list by a reporter two weeks ago," Byrne said in the statement. "When I saw a copy of an email, I called coach Fran and recommended this program be discontinued. I understand he stopped at that time.

"Since then, I have learned the funding for the emails went to a company that hosts his website."

Franchione, while acknowledging the newsletter and its intent, defended his position. He said his only reason for the newsletter was to pay for coachfran.com, a site he has maintained since his TCU days.

[...]

Upon learning of the existence of the newsletter, according to the Express-News, Byrne warned Franchione that it didn't look good for the coach to be involved with such a newsletter. But according to a person inside the athletic department, Franchione, who makes more than $2 million in salary as the head coach, did not benefit financially from the newsletter. The department insider said the $1,200 checks went directly to the company that hosts coachfran.com.


Is there any way that this doesn't end badly for Franchione? I mean, it might be different if he were this beloved icon with a long track record of success. That ain't the case, so how does he survive this? I say start the countdown clock.

Posted by Charles Kuffner
Big food in Clear Lake

Um, okay.


When Kevin Munz makes his less than bashful entrance into the restaurant business, Clear Lake may feel a bit more like Las Vegas.

His Cullen's Upscale American Grille, set to open in January, will be about 38,000 square feet, which is gigantic, about 10 times larger than a typical restaurant.

His lounge will have a fiber-optic floor, a player piano and -- far more rare -- a player violin.

Cullen's will boast 56 large LCD screens projecting art by the masters, thousands of images changing every few minutes.

An all-glass private dining room, suspended high in the air, will allow its diners to hover above the masses. They can pre-order their china pattern in their choice of Wedgewood, Versace or the Titanic.

A concept this extravagant could sink like a great ship or rake it in like a casino.

Munz, a River Oaks resident who made his money in pawnshops and the software to run them, is betting $10 million on Cullen's.

It's a golden opportunity, he believes, because his research shows the market for upscale restaurants around Clear Lake is underserved. And he's convinced that the lessons he learned from pawnshops translate to upscale dining.


Could work, I guess. All I know is that if the food isn't a good value for the price, the rest isn't likely to matter. We'll see how it goes.

Posted by Charles Kuffner
Endorsement watch: District I

Next in the endorsement season is District I, where the Chron gives its recommendation to James Rodriguez.


James Rodriguez, 32, a district native who graduated from Milby High School and earned a business administration degree from the University of Houston, was incumbent Carol Alvarado's chief of staff for four and a half years. In that position, he mastered the internal workings of City Hall and also helped citizens in their dealings with city government. Before leaving to become marketing director for Entech Civil Engineering, he helped Alvarado develop a 24-hour constituent response plan for the district.

"I want to use my experience in the District I office to continue the progress we've made and to be a hands-on council member," Rodriguez said. "We lose a lot of institutional knowledge there at City Council with term limits, so I figure I can get in and hit the ground running."

The candidate supports light rail. He wants to work on council to get more funding for police and firefighters in the district. Rodriguez has been endorsed by the Houston Police Officers Union, the Houston Apartment Association and the Houston Association of Realtors, among others. He has Alvarado's support. When Alvarado was mayor pro tem, several members of the pro tem staff were accused of fraud, but the District I staff directed by Rodriguez was not involved.

District I voters are fortunate to have the opportunity to elect one of the most promising young civic leaders in the city to represent them at City Hall. The Houston Chronicle believes Rodriguez will become an outstanding councilman.


I thought both Rodriguez and his opponent John Marron did pretty well in my own interviews with them, which you can listen to here (Rodriguez) and here (Marron). Tough call to make between two well-qualified candidates. My congrats to James for getting the nod.

Posted by Charles Kuffner
TxDOT claims poverty

TxDOT says they're running out of money.


State transportation officials cried "uncle" Thursday, saying federal and state lawmakers have raked so much money from the highway department that it's running out of funds to build roads.

Lawmakers had help from rising construction costs, which jumped 62 percent in five years. But federal cutbacks, state diversions of gas-tax funds and new restrictions on hampering private investments in toll roads have delayed projects and could cancel others.

In this fiscal year, the Texas Department of Transportation will delay or scale back $965 million worth of road construction work.

"People need to understand that, within a very short time period, there will be no new capacity added," Texas Transportation Commission member Ned Holmes said.

[...]

Transportation Commissioner Ted Houghton said the agency needs to slim down, maybe enact a hiring freeze and use fewer outside consultants.

"As we ask the citizens of this state to buck up and be prepared, I think we internally need to look at our own house," he said.


I can think of one place where they could cut costs painlessly.

TxDOT sounded the warning months ago, starting in the waning days of a legislative battle over Senate Bill 792, which strangled the agency's ability to lease toll projects.

"I'm convinced most (legislators) truly don't understand the long-term impact of tapping on the brakes," Transportation Commission Chairman Ric Williamson said. "Logic and civility command that we calmly talk through how we're going to deal with this."


Poor dears. It's never their fault, is it? The Morning News managed to find an opposing viewpoint to quote.

Lawmakers need no lecture on the severity of the state's transportation needs, suggested Steven Polunsky, a top aide to Sen. John Carona, R-Dallas, chairman of the Senate Transportation and Homeland Security Committee.

"We agree absolutely that there is a financial crisis," Mr. Polunksy said. "And Senator Carona will support next session a multi-pronged approach to solve it."

He wants to raise the gas tax and stop the diversion of revenues to pay for other needs, Mr. Polunsky said.

But the private investment deals favored by the commission were too lopsided, he said, noting that some proposed leases would have kept the toll roads in private control for 75 years or longer.

"The price that came with those private financing deals was too steep," Mr. Polunsky said. "Lawmakers found the terms unacceptable, both politically and from a business standpoint."


Earth to TxDOT: People think the solution you've chosen to deal with the cash flow problem is deeply flawed in many respects, and you have been less than accommodating in responding to feedback, whether from the public or from lawmakers. It's no wonder that you have problems.

Mr. Williamson said efforts to raise the gas tax are misplaced. The tax is inefficient because lawmakers divert too much of it to other needs, and he said it is too regressive, since poor people pay the same rate as rich ones.

He did say he would probably support efforts to index the rate to inflation, if only because inflation is making it increasingly difficult for the department to simply maintain the roads it already has.


A Texas Republican who expresses concerns about regressive taxation...now I really have seen everything. Let's keep this in mind the next time someone proposes a sales tax for property tax swap.

I'll grant that the Lege failed miserably to act on the gas tax, which is at this point the only responsible alternative to TxDOT's privatization madness. But given Governor Perry's intransigence, that's not too surprising. Vince, EoW, and McBlogger have more.

Posted by Charles Kuffner
District D candidate switches to At Large #1

I don't see this as making much difference, but there's one less candidate in District D now.


City Council candidate Leatrice Watson has switched her candidacy, from the District D seat to At-Large 1, the seat currently held by Peter Brown.

Watson only can run as a write-in candidate for At-Large 1 because she missed the deadline to get on the ballot for that race.

Watson, 60, said the District D field was too crowded and that by winning the at-large spot, she could serve the whole city. Without Watson, the open District D race now features seven candidates. The seat is being vacated by term-limited Councilwoman Ada Edwards.

Watson, retired director of a local American Red Cross service center, said she originally became interested in running for office because her street, Ebbtide Drive, has been "caving in" since 1985 and the city has not fixed it.

Now, she is interested in stopping unnecessary construction projects, cleaning up public streets and buildings, and stopping the destruction of historical neighborhoods to build new high-rises, she said.


I'm not sure what this means in practical terms, since as we know from the Jack Christie situation that her name will still appear on the District D ballot. But now you know.

Posted by Charles Kuffner
Bionic Woman 2.0

OK, I admit it. I TiVoed the premier episode of "The Bionic Woman", henceforth known around these parts as Bionic Woman 2.0, as much out of curiosity for a show that's got some buzz as nostalgia for a show I liked as a kid. (Mildly spoilerrific Chron story here, for those who care.) It was all right, certainly enough to get me to Episode 2 on the to-do list, though I'm not ready to commit to a Season Pass just yet. The pilot was very busy, with a lot of disparate elements being introduced - I'm still not sure who some of these people are. But I liked the basic premise, and I love Katee Sackhoff as the Evil Bionic Woman, so I'll come back for now. It has promise, let's see what they can do with it.

More broadly, I'm intrigued at the idea of remaking TV shows. It's an idea that's done to death in the movies, as well as "re-interpreting" classic (and not-so-classic) TV shows on the big screen. Given how many of those films there have been, and how far down the barrel we've scraped, I'm almost shocked we never saw Jamie Sommers at the local multiplex. Seems to me it's a decent enough idea for a movie. But this'll do just fine.

I wonder, if this is a hit, and given the breakout success of "Battlestar Galactica 2.0", if we'll see more such remakes on the tube. You could argue, I suppose, that we see this sort of thing all the time - "Quincy" becomes "Bones" and all of the "CSI" variations; "Kolchak: The Night Stalker" becomes "The X Files"; perhaps even "The Bionic Woman" becomes "Alias" in a way. But that's not what I have in mind. If I were to pick, I'd like to see someone remake "The Prisoner" (no, I don't think "Lost" counts). Great concept, awesome mess-with-your-mind imagery and story elements, completely unsatisfying mess of a conclusion. What do you think? What show would you like to see remade? Leave a comment and let us know.

Posted by Charles Kuffner
September 28, 2007
Endorsement watch: HISD Trustees

The Chron kicks off endorsement season for this November with recommendations in the two open-seat HISD Trustee races:


Reginald Adams, District II -- Adams is executive director of the Museum of Cultural Arts Houston and an artist who seeks to bring art to public spaces in order to spark "social awareness and community development." He is also board president of the city's Land Assemblage Redevelopment Authority.

If elected, Adams says he will work to ensure that District II parents do not have to drive across town to find good schools for their children. He says he will make school officials more accountable in their spending of public dollars, adding that he would have delayed approval of the bond proposal until more input had been received from the community. Other planks in Adams' platform include expanding early childhood education, improving college preparatory and vocational education, and raising teacher pay.

Paula Harris, District IV -- Harris is a graduate of Texas A&M University with a degree in petroleum engineering, a longtime corporate executive and a business owner. She supports the bond proposal, which she believes will bring much-needed capital improvements to the city's north and south sides. Harris says HISD must develop programs to stem the dropout rate and improve job training for students who will not go to college.
But, Harris insists, the district must also ensure that the brightest students in District IV have academic programs that will put them on a college track. Harris says she is appalled that there is not a single open-enrollment school in District IV that is rated "exemplary" by the state of Texas.


As it happens, these are the two HISD Trustee candidates I've met this year. Adams is running against some better-known opponents, so his nod may come as a surprise to some, but not to me. He's an impressive guy. I've got an interview with him scheduled for next week.

Nice to see the Chron start with the endorsements this early. Some years I've not been sure they'll get to everyone in time. More to come soon, I'm sure.

Posted by Charles Kuffner
Senate passes S-CHIP

Off to the President.


The U.S. Senate Thursday gave final legislative approval to the expansion of the State Children's Health Insurance Program.

President George W. Bush has promised to veto the measure, which would add $35 billion to the program, generally referred to as S-CHIP, during the next five years.

The bill passed the Senate by 67 to 29, enough to override a veto, The Washington Post reported. A number of Republicans crossed party lines to vote with the Democratic majority.

The House approved the legislation Tuesday, but by a smaller margin, 265 to 159.

Much of the Republican support Thursday came from legislators who face strong re-election challenges next year. Even some conservatives, like Sen. Pat Roberts, R-Kansas., jumped ship and asked Bush to reconsider his veto threat.

"Anyone who votes in lock step with the president and against children's health, they are going to hear about it back home," said Rep. Chris Van Hollen, D-Md., chairman of his party's congressional campaign committee.


The earlier vote to suspend debate was 69-30 in favor, so there may be even a little more support for S-CHIP in the Senate than that vote suggests. I don't know if they'll go whole hog and override the veto, but they might.

Here's a roll call of the vote. Do I need to tell you how John Cornyn voted? At least Kay Bailey Hutchison did the right thing. I'll let Kansas Sen. Pat Roberts, nobody's idea of a liberal, address the issue of the upcoming veto:


"The administration is threatening to veto this bill because of 'excessive spending' and their belief that this bill is a step toward federalization of healthcare," said Sen. Pat Roberts (R-Kan.), a supporter of the plan. "I am not for excessive spending and strongly oppose the federalization of healthcare. And if the administration's concerns with this bill were accurate, I would support a veto. But, bluntly put, they are not."

And John Cornyn is right there with them. He'll be there with them till the bitter end. For more on this folly, see the EPI's analysis of why CHIP is needed.

Posted by Charles Kuffner
HISD gets Hispanic Chamber endorsement

I'll say this for HISD: I'm still not convinced that they can pass their bond proposal this fall, given all the problems (mostly self-induced) that they've had. But they clearly aren't going to go down without a fight, and they continue to pick up support, so who knows?


The Houston school district's $805 million bond proposal gained the support of the Hispanic Chamber of Commerce today.

Leaders of the 30-year-old business organization announced this morning that they are endorsing the bond issue, which would be used to build 24 campuses and renovate 136 others if voters approve it on Nov. 6.

"It's our commitment to help HISD with this bond election," said Laura Murillo, president of the chamber, which has about 1,200 members.


Still not enough if you ask me, but they're getting closer. Mending fences with the black community and getting the Greater Houston Partnership on board would do it for sure. We'll see.

Posted by Charles Kuffner
Baseline poll for TX-SEN

Burka reported on a Rasmussen poll last week that had John Cornyn leading both Democrats by about 20 points. Now we have another poll, by Research 2000, that gives a similar but slightly better result for Rick Noriega.


Research 2000 for Daily Kos. 9/24-26. Likely voters. MoE 4% (No trend lines)

If the 2008 election for U.S. Senate were held today, would you to reelect John Cornyn, would you consider voting for another candidate, or would you vote to replace Cornyn?

Reelect 40
Consider 15
Replace 35


If 2008 election for U.S. Senate were held today, for whom would you vote for if the choices were between Rick Noriega, the Democrat, and John Cornyn, the Republican?

Cornyn (R) 51
Noriega (D) 35


Full crosstabs are available at the link above. Not too bad a result for a State Rep making his first statewide run, if you ask me. Noriega's number corresponds to the "replace" number for Cornyn, so there's clearly room to grow. And for the purposes of comparison, the Rasmussen archives remind us that in the first poll matching up Kay Bailey Hutchison and Barbara Radnofsky, KBH led by a 64-25 margin. To say the least, this is a more encouraging beginning.

Speaking of encouraging, Noriega has blown well past $100K in ActBlue fundraising, totaling over $120K at this writing. Heck, just the Netroots for Noriega page has collected $100K+ for him. We're also at 969 contributors, so we'll need a bit more than ten a day through Sunday to hit 1000. Can you help?

And finally, Noriega has just garnered the endorsement of VoteVets.org. Here's their press release:


VoteVets.org, the leading political organization for Iraq and Afghanistan veterans, today endorsed the U.S. Senate candidacy of Rick Noriega in his effort to unseat incumbent Republican John Cornyn.

Founded in 2006 by Iraq War Veterans Jon Soltz and Jeremy Broussard, VoteVets.org has endorsed eight candidates, both Democrats and Republicans, and held 11 Members of Congress accountable for failing to provide body armor and health care to active service members. The organization's Board of Advisors includes respected veterans who speak from experience, including General Wesley K. Clark (ret.) and former Senator Bob Kerrey.

"As an Afghanistan veteran, you are keenly aware that the current course we are on has not only brought our fine Army and Marine Corps to the breaking point, but has endangered our security," Soltz wrote in his letter to Noriega, noting the growing threat of al Qaeda once again in Afghanistan and Pakistan. "The dose of reality you will bring to the floor of the Senate couldn't come at a more important time."

Noriega, who serves as a Lt. Col. in the National Guard, has been an outspoken critic of the Administration's policies in Iraq, and John Cornyn's failed leadership. "The problem is, we hold a private in the US Army to a higher level of accountability than the junior Senator from the state of Texas," Noriega stated. "Real Texans don't vote against giving troops time home with their families. I've had the privilege of serving shoulder-to-shoulder with our men and women in uniform, and I'm ready to lead the fight in the US Senate to end this war."

Soltz, in his letter, called John Cornyn "one of the weakest voices on troops' and veterans' issues," and noting his refusal to allow our military to refit and rearm along with his votes against care for veterans, he added "Texans have little to be proud of when it comes to John Cornyn's record on veterans and troops." The endorsement from VoteVets.org follows on the heels of the endorsement by the State Association of Fire Fighters, and a growing number of Democratic leaders supporting Noriega's candidacy to represent the State of Texas in the United States Senate.


The endorsement letter is here. Feeling encouraged yet? I sure am.

UPDATE Nine ninety-eight as of 1 PM! Who wants to be donor #1000?

Posted by Charles Kuffner
State Proposition 2

We all know about the HISD bond referendum and its problems, but there will be another education-related bond proposition on the ballot this November, and it shouldn't be confused with the HISD proposal. I'm referring to Proposition 2, one of the sixteen constitutional amendments you'll be voting on. Prop 2 "Provides for issuing $500 million in general obligation bonds to finance student loans and authorizes bond enhancement agreements for general obligation bonds issued for that purpose", and its originating legislation was SJR 57 by Williams and Zaffirini (bill history here), and it appears to have passed both chambers unanimously. Here's a FAQ on Prop 2 put together and sent to me by the Texas Higher Education Coordinating Board:


What is Proposition 2?

Prop. 2 is a constitutional amendment allowing the Texas Higher Education Coordinating Board to issue bonds for providing low-interest, low-fee student loans that will enable more Texas students to attend college.

Will these bonds affect my property taxes?

No. The Prop. 2 bonds used to finance low-interest student loans will be repaid by the students who borrow the money. Prop 2. will have no impact on property taxes, sales taxes or other taxes collected by the state.

Why is a vote needed to approve financing for state education loans?

In 1965, the Coordinating Board was charged with administering the Hinson-Hazlewood Student Loan Program, which provides low-interest student loans for college. This made Texas one of the first states to enter the student loan business, even before the federal government became involved with many of the popular financial aid programs available today. Rather than fund the program with taxes, the Legislature authorized the Coordinating Board to use funds generated from general obligation bonds. The Texas Constitution requires that general obligation bonds be approved by voters. Since 1965, Texas voters have approved the use of bonds for low-interest student loans six times.

How do the loans offered by the Coordinating Board differ from those offered by private lenders?

Because the Coordinating Board is a non-profit entity and the loans are backed by the financial strength of the Texas economy, the Coordinating Board is able to offer competitive and affordable loan terms. Highlights of college loans funded with Prop. 2 bonds include:


  • A low, 6% fixed-rate of interest over the life of the loan (As of Sept. 15, 2007);

  • Six month grace period before repayment begins, with income-sensitive and graduated repayment schedules available;

  • Interest is never capitalized;

  • Loan service provided by the Coordinating Board which is under the direct oversight of the Texas Legislature and the citizens of Texas; and

  • Loans are never sold to another lender


There's more in the file. Seems pretty worthwhile to me, but check out College for Texans if you need to know more. I see no reason not to vote for this, so whatever you think of the HISD proposal, please don't get the two confused.

Posted by Charles Kuffner
Farmers Branch, this may be your life

What happens when you succeed in driving illegal immigrants out of your town? A lot of small businesses suffer.


RIVERSIDE, N.J., Sept. 25 -- A little more than a year ago, the Township Committee in this faded factory town became the first municipality in New Jersey to enact legislation penalizing anyone who employed or rented to an illegal immigrant.

Within months, hundreds, if not thousands, of recent immigrants from Brazil and other Latin American countries had fled. The noise, crowding and traffic that had accompanied their arrival over the past decade abated.

The law had worked. Perhaps, some said, too well.

With the departure of so many people, the local economy suffered. Hair salons, restaurants and corner shops that catered to the immigrants saw business plummet; several closed. Once-boarded-up storefronts downtown were boarded up again.

Meanwhile, the town was hit with two lawsuits challenging the law. Legal bills began to pile up, straining the town's already tight budget. Suddenly, many people -- including some who originally favored the law -- started having second thoughts.

So last week, the town rescinded the ordinance, joining a small but growing list of municipalities nationwide that have begun rethinking such laws as their legal and economic consequences have become clearer.

"I don't think people knew there would be such an economic burden," said Mayor George Conard, who voted for the original ordinance. "A lot of people did not look three years out."


When the same article is written a couple of years from now for Farmers Branch, don't say they couldn't have seen it coming. Link via The Right's Field and Oliver Willis.

Posted by Charles Kuffner
September 27, 2007
More on the Bissonnet high-rise battle

Mayor White has weighed in on the Bissonnet high rise that's got residents up in arms.


The city of Houston will use "any appropriate power under law" to alter a planned 23-story building that would tower over single-family homes in neighborhoods near Rice University, Mayor Bill White said Wednesday.

White, in a letter to leaders of area civic clubs, said the project at 1717 Bissonnet would worsen traffic congestion on that two-lane street. For future projects, he said, city officials are working on an ordinance that would require developers to "reasonably address traffic impacts" in surrounding neighborhoods.

Neighborhood protection advocates said they hoped the mayor's comments, coupled with fierce opposition from the adjoining Southampton and Boulevard Oaks neighborhoods, would provide impetus for stronger policies to ease the impact of new developments often seen as out of scale with surrounding single-family enclaves.


That is a pretty strong statement from the Mayor. Expect there to be some pushback when that in-progress ordinance gets aired.

City Controller Annise Parker, who previously served on the City Council and has a longtime interest in neighborhood issues, likened the city's role in regulating development to its recent strengthening of its smoking ordinance.

"There is a strong reluctance on the part of many in the community to infringe on property rights," she said. "But that tower in the middle of Southampton is going to influence every building around it, just like someone who lights a cigarette in a restaurant has an impact on the people around him."

Councilwoman Anne Clutterbuck, whose district includes the Bissonnet site as well as two other recent controversial development projects, said such disputes have become so widespread that trying to solve them individually is impractical.

"We need to look at these more comprehensively and collectively," Clutterbuck said. "It's unfortunate that we're doing them piecemeal."

Clutterbuck said she had asked White's administration to thoroughly review city ordinances to look for any regulations that might give the city leverage to require changes in the Bissonnet project.


I agree with CM Clutterbuck. We'll be doing nothing but this sort of thing for the foreseeable future unless we try to come up with a more general solution. Given Houston's history in such matters, even with recent small steps and proposals, I wouldn't expect much from such a thing. But almost anything Council can come up with has to be better than the ad hoc approach.

Neighborhood leaders said the project, on the site of what is now a small apartment development, would pour hundreds of vehicles every day onto Bissonnet and Ashby, also a two-lane street. In addition, the building would block the sun from nearby homes and intrude on residents' privacy, they said.

I recommend you go back to that previous post of mine and read Trafficnerd's comments about this. Very enlightening stuff.

In his letter, however, the mayor acknowledged that new, denser development in central Houston requires policy solutions as well as negotiation.

"Houston's city charter prevents the city from dictating references to landowners concerning the residential or commercial use" of their property, White said.

"I believe the city does have the power to limit or to impose reasonable requirements concerning on-site parking, flood impacts, the amount of traffic or trips and the reasonableness of places for ingress and egress on a particular property."


I think that's a very reasonable place to start, since these are practical items that really do have a big impact on the existing residents, to the point where they may no longer be able to park in front of their own homes. It's also something that can and should be addressed by developers, since they're the ones causing these problems. The reality of Inner Loop real estate today is that high rises and townhomes are here to stay. There's no reason why they can't be made to fit in a little better, however.

Posted by Charles Kuffner
Earle prepares for trial

After yesterday's CCA ruling refusing for the final time to reinstate the conspiracy indictment against Tom DeLay, Travis County DA Ronnie Earle says he's ready to go to trial.


Travis County District Attorney Ronnie Earle said Wednesday that his office is ready to go to trial on remaining charges against former U.S. House Majority Leader Tom DeLay after the state's highest criminal court upheld its earlier dismissal of a separate charge.

"We're preparing for trial," Earle said.

But Houston attorney Dick DeGuerin, who represents DeLay, said he doesn't expect any trial until another Texas appeals court rules on a case involving accused co-conspirators John Colyandro and Jim Ellis.

DeGuerin said Colyandro and Ellis' case, which was argued to a panel of Austin's 3rd Court of Appeals more than a year ago, "has to do with the balance of the case" against DeLay.

Although DeLay is not directly involved in the case pending at the Austin appeals court, the outcome is likely to affect charges of money-laundering and conspiracy to launder money.


To the best of my knowledge, this is the still-pending appeal of Ellis and Colyandro's claim that checks aren't cash. Far as I can tell, the most recent appeal was made to the 3rd Court of Appeals in Austin last August. That's a hell of a wait for a ruling, if you ask me. In any event, in this case it's the defendants who are appealing, hoping to get their indictments tossed. Should that happen, I'd agree that it would moot the case against DeLay. I can't imagine how that could happen in a sane universe, but then I'd never argue that we're actually in a sane universe. I have no idea when we might expect the 3rd Court to get off their robes and issue an opinion, so who knows when the trial might take place. In the meantime, we can continue to contemplate the whereabouts and current demeanor of the forgotten indicted accomplice, Warren RoBold. Stay tuned.

Posted by Charles Kuffner
City gets slapped in billboard battle

I've said before that the city has had a pretty good run in the courts lately. Yesterday, their winning streak came to an end when a judge granted an injunction to prevent enforcement of their billboard ordinance in the extraterritorial jurisdiction.


Houston-based billboard company RTM Media sued the city after officials threatened to issue citations under the sign code to dozens of advertisers using the company's billboards in the targeted area.

The city has cited an RTM executive more than 2,000 times, even winning an appeal of a Municipal Court conviction. The city also has a pending lawsuit against RTM in state court that seeks to prevent the company from operating billboards without permits.

But the billboards remain. So, the city decided recently to target the company's advertisers, hoping to shrink its customer base.

[U.S. District Judge Melinda] Harmon said that strategy infringed on the advertisers' free speech rights.

"The city's justification that such pressure tactics against advertisers are acceptable because they 'work' does not cure the constitutional problem here," Harmon's opinion states.

The judge's opinion addresses only the request for a temporary injunction, but taking that step requires her to find that RTM Media had a "substantial likelihood of success" should its challenge proceed.

The White administration contends that the signs in the city's ETJ are illegal under state and municipal laws, which grant Houston the right to regulate billboards.

In court filings and a two-hour hearing last week, however, the company argued that the city does not have the authority to cite its customers. More broadly, it argued that the sign code violates the First Amendment because it distinguishes between commercial and non-commercial speech.

The city code, which covers most signs, prohibits new billboards in Houston or the outer ring. But it allows those with political, religious or other noncommercial messages.

The court took issue with that distinction, citing a 14-year-old Ohio case involving the regulation of news racks, stating that the city cannot treat billboards differently based on their content.

"Noncommercial billboards are visual blights, traffic dangers and undesirable for property values for the same reason as commercial billboards," the opinion states.


Assuming the city doesn't change its ordinance before then, the trial is set for the spring. A copy of Judge Harmon's ruling is here (PDF).

Posted by Charles Kuffner
One thousand and one hundred thousand

We're four days away from the end of the quarter, and Rick Noriega is within sight of 1000 donors and $100,000 on ActBlue. It would be way cool to reach either or both of those milestones by the 30th, don't you think? Early money always has the greatest effect for a candidate. If you've been thinking about donating at all, sooner is always better than later.

In the meantime, here's a message from Rick Noriega:




Posted by Charles Kuffner
Swamplot

Here's a cool idea - a blog dedicated to the Houston real estate scene. It's called Swamplot, and it's a good resource. They have a daily report on what buildings have had demolition permits pulled for them, which by itself makes them useful. I thought this post from a few months back was pretty thought-provoking, as well as a bit dispiriting:


Disposing of older buildings used to be so simple. It's tougher now, but it's not impossible. You'll just need to use some new techniques. If the buildings you want to demolish have a high enough profile, you'll also need a good PR consultant who can help you with strategy.

For a while, it looked like Weingarten Realty might have some trouble tearing down its historic River Oaks Shopping Center, River Oaks Theater, and Alabama Bookstop (which used to be the Alabama Theater--back in the day when people watched movies instead of reading so much). When rumors first began to circulate, there was the big hullabaloo about the River Oaks Theater, and all those online petitions.

But since then, not so much. Weingarten clearly has its winning gameplan mapped out. How did they do it? How do you tear down an immensely popular older building in Houston today, and do it right?

The technique you need involves outrage bait. What's that? Read on, after the jump!


Food for thought. Anyway, Gus the site owner sent me an email about Swamplot, I liked what I saw, and now I'm telling you about it. Check it out.

Posted by Charles Kuffner
More charges for Vick

First the feds, now the state.


Michael Vick, already looking at a federal prison term for bankrolling a dogfighting operation in rural Virginia, now faces two state charges that could get him more prison time if he's convicted.

After a Surry County grand jury indicted the Atlanta Falcons quarterback and three co-defendants Tuesday, Vick's lawyers indicated they will fight the state charges on the grounds that he can't be convicted twice of the same crime.

The NFL star, scheduled for sentencing Dec. 10 after pleading guilty to federal dogfighting conspiracy charges, faces state charges of beating or killing or causing dogs to fight other dogs and engaging in or promoting dogfighting.

Each felony is punishable by up to five years in prison. Arraignments are set for Oct. 3.

The grand jury declined to indict the 27-year-old Vick and two co-defendants on eight additional counts of killing or causing to be killed a companion animal, felonies that would have exposed them to as many as 40 years in prison if convicted.

Vick defense attorney Billy Martin said in a statement that the state counts concern "the same conduct covered by the federal indictment for which Mr. Vick has already accepted full responsibility."

Martin said he will "aggressively protect his rights to ensure that he is not held accountable for the same conduct twice."

Vick was convicted of a federal conspiracy count while the state indictment deals with the act of dog fighting, said Steven Benjamin, a Richmond defense lawyer who is not involved in the case.

The prosecution will argue that's enough of a difference to allow the charges to proceed, he said.


I'm a little uncomfortable about this. It's not clear to me that there's all that much difference between the two charges, and since Vick will already be serving time it's not like this is a case where justice failed at one level but could be remedied at another (think of the federal civil rights violation charges brought against various people for racially-motivated murders in years past for which they had been acquitted). Any lawyers want to chime in on this?

On a side note, this was a dumb thing for Vick to do.


A federal judge placed tighter restrictions on Michael Vick on Wednesday after the Atlanta Falcons quarterback tested positive for marijuana.

Because of the result, U.S. District Judge Henry Hudson placed special conditions on Vick's release, including restricting him to his home between 10 p.m. and 6 a.m. with electronic monitoring and ordering him to submit to random drug testing.

The urine sample was submitted Sept. 13, according to a document by a federal probation officer that was filed in U.S. District Court on Wednesday.

[...]

The 27-year-old former Virginia Tech star was placed under pretrial release supervision by U.S. Magistrate Dennis Dohnal in July. The restrictions included refraining from use or unlawful possession of narcotic drugs or other controlled substances.

The random drug testing ordered Wednesday could include urine testing, the wearing of a sweat patch, a remote alcohol testing system or any form of prohibited substance screening or testing.

Hudson's order also requires Vick to participate in inpatient or outpatient substance therapy and mental health counseling, if the pretrial services officer or supervising officer deem it appropriate. Vick must pay for the treatment.


Sheesh.

Posted by Charles Kuffner
Getting crowded in CD22

More folks are lining up to take a crack at the GOP nomination for CD22 and the right to run against Rep. Nick Lampson next year. Gary says Mike Manlove, the term-limited mayor of Pasadena, wants in. Muse writes about Alan Steinberg, a 25-year-old from Sugar Land with a fairly accomplished resume. And Greg forwarded me a lovely email from a fellow named Pete Olson, who likes to use the phrase "Surrender Democrats". I think if he added a comma in there and got someone dressed as the Wicked Witch of the West to skywrite it over the district, he might have something. Or not. At least he seems to understand that in order to win this primary, he's going to have to bring the crazy. Stock up on your popcorn now.

Posted by Charles Kuffner
SCOTUS to take up voter ID laws

I have a bad feeling about this.


The Supreme Court agreed Tuesday to decide whether voter identification laws unfairly deter the poor and minorities from voting, stepping into a contentious partisan issue in advance of the 2008 elections.

The justices will hear arguments early next year in a challenge to an Indiana law that requires voters to present photo ID before casting their ballots. The state has defended the law as a way to combat voter fraud.

[...]

Election law experts had urged the court to take the Indiana case to instruct courts on how to weigh claims of voter fraud versus those of disenfranchisement. "The court better resolve this question before ballots start getting counted next fall," said Stanford University law professor Pamela Karlan.

The court is expected to issue a decision by late June, in time for the November general election.

The Indiana law enacted in 2005 was upheld by a federal judge and by the 7th U.S. Circuit Court of Appeals in Chicago. Before the law's passage, an Indiana voter had only to sign a poll book at the polling place, where a photo copy of the voter's signature was kept on file for comparison.

"The purpose of the Indiana law is to reduce voting fraud, and voting fraud impairs the right of legitimate voters to vote by diluting their votes," Judge Richard Posner said in his majority opinion.

But in a dissent, Judge Terence Evans said, "Let's not beat around the bush. The Indiana voter photo ID law is a not-too-thinly veiled attempt to discourage election-day turnout by folks believed to skew Democratic."

Bill Groth, an attorney who has represented the Indiana Democratic Party in the lawsuit, said he was thrilled that the nation's highest court will take up the case. He said the appeals court made light of the right to vote in its decision, but the Supreme Court has guarded that right more seriously.

"The court has over and over stressed that the right to vote should be protected, and any state law that burdens that right should be carefully and meticulously reviewed," Groth said.


Let me be blunt and say that I do not trust the Court in its current composition to protect anyone's right to vote. Frankly, I think the best I can hope for is a decision akin to that in the revised Georgia law case, where there has to be some kind of effort to ensure that an acceptable-to-vote ID card is made available to everyone. The Court may surprise me (in a good way), but I wouldn't bet on it.

Posted by Charles Kuffner
September 26, 2007
S-CHIP bill passes the House, but not by enough

Close, but no cigar.


The House voted Tuesday to expand health insurance for children, but the Democratic-led victory may prove short-lived because the margin was too small to override President Bush's promised veto.

Embarking on a health care debate likely to animate the 2008 elections, the House voted 265-159 to expand the State Children's Health Insurance Program, or SCHIP, by $35 billion over five years. Bush says he will veto the bill because of its cost, its reliance on a tobacco tax increase and its potential for replacing private insurance with government grants.

SCHIP is a state-federal program that provides coverage for 6.6 million children from families that live above the poverty level but have trouble affording health insurance. The proposed expansion, backed by most governors and many health-advocacy groups, would add 4 million children to the rolls.

The bill drew support from 45 House Republicans, many of them moderates who do not want to be depicted as indifferent to low-income children's health needs when they seek re-election next year. But most Republicans, under pressure from the White House and party leaders, sided with Bush, a move that Democrats see as a political blunder.


And if Democrats are smart about this (sadly, not exactly a sure thing), they'll listen to the advice of Iowa Republican Senator Chuck Grassley:

Grassley said if he were the Democrats, he would send the SCHIP expansion to a vote every three months, along with campaign advertisements accusing Republicans of abandoning children. That way, pressure would mount either on Bush to sign the bill or on House Republicans to override the veto.

From your lips to Reid and Pelosi's ears, dude. Of course, this is the approach they should have taken with getting the troops out of Iraq, and we know how that turned out. So let's just say I'm not holding my breath on this one. (Link via Steve Benen.)

Eight Democrats opposed the bill. Some, from tobacco-growing districts, object to raising the federal cigarette tax to $1 a pack, a 61-cent increase. Some Hispanic members complained that the bill would make legal immigrant children wait five years to qualify for SCHIP.

Here's the roll call, nicely broken down by party and state. The naysaying Dems:

Kathy Castor (FL)
Jim Marshall (GA)
Baron Hill (IN)
Gene Taylor (MS)
Bob Etheridge (NC)
Mike McIntyre (NC)
Dennis Kucinich (OH)
Dan Boren (OK)

I see the tobacco state connection, but I don't see any Hispanics in there, so I think that paragraph could have used some better editing. Can anyone explain what Dennis Kucinich was doing? I can't explain that vote.

Next up is President Bush's inevitable veto, followed (one hopes) by the Democrats taking Chuck Grassley's advice. Stay tuned.

UPDATE: The Observer reminds me that President Bush has a long-held antipathy to CHIP. Which if nothing else means that the Grassley Gambit can go on for as long as the Republicans want it to.

Posted by Charles Kuffner
CCA denies motion for rehearing

No story just yet, but thanks to Vince's news alert feeds, I can tell you that the Court of Criminal Appeals has denied the motions made by Travis County DA Ronnie Earle to reconsider its to let stand the dismissal of the conspiracy charge against Tom DeLay. Looks like my initial skepticism was accurate, despite Paul Burka's persuasive case otherwise. So at long last, we're at the point where the next step in the process is an actual trial for Tom DeLay. Better get him before the feds do, Ronnie. More later when this hits the wires.

UPDATE: Here's a Chron story. I expect we'll get more, with quotes, later.

Posted by Charles Kuffner
Christie's back

Jack Christie, who had dropped out of the race for City Council At Large #5 a few weeks ago after questions about his residency and homestead exemptions came up, has now dropped back in to the race.


Christie announced his withdrawal from the At-Large Position 5 race last week amid questions about his residency. Monday night, however, he told a small crowd at a candidate forum in Willow Meadows that he plans to campaign.

"I thought he was out of the race," said Tom Nixon, another member of the now eight-candidate field who attended the forum at Willow Meadows Baptist Church. "I was surprised that he was there."

Attempts to reach Christie on Tuesday were unsuccessful, and his campaign manager declined to discuss the issue.

His decision to re-enter the race is the latest twist in his campaign since the Houston Chronicle reported earlier this month that Christie and another candidate, Zafar Tahir, signed leases at properties inside the city to comply with Houston's residency requirements.

[...]

Christie told the crowd Monday night that he still was a candidate, proclaiming that he pays property taxes in Houston, people at the event said.

His name would have appeared on the ballot, anyway, because he missed a Sept. 14 deadline for withdrawing formally, in accordance with state law, said Larry Schenk, a senior assistant city attorney who handles election issues.


I don't think I'd realized that such a deadline had passed. Makes you wonder what would have happened had he qualified for the runoff anyway. Given that he'll still be there for voters to choose, he may as well ask for their votes. What's the worst that can happen to him? You almost have to feel a little sympathy for Tom Nixon, whose chance at garnering a unified Republican vote is slipping away.

You all know how I feel about the residency question. While I was highly unlikely to vote for Christie in the first place, I wouldn't tell anyone not to vote for him based on where he lives. (The homestead exemption thing is a different matter, but never mind that for now.) I would tell you, however, that if this issue is important to you, that you ask your candidate of choice to Do Something about it when elected. I don't know what the best way to tighten residency requirements might be - it's not something I've given much thought to - but I'm sure there's some way to improve the process. The point I'm making is that if this matters to you, there's never been a better time to make it better. Don't waste the opportunity.


Harris County Tax Assessor-Collector Paul Bettencourt, who isn't supporting a candidate in the race, has been critical of both Tahir and Christie, calling a potential runoff between them a "clash of carpetbaggers."

He slightly modified his critique Tuesday. "It's the clash of the carpetbaggers, Number 2," he said of Christie's return. "It's back on."


And the reason Paul Bettencourt once again plays a prominent role in this story is...what, exactly? We already had a quote concerning the property tax issue. I'm not sure what role Bettercourt is playing here, other than "guy who was quoted in the first story for some reason". Am I missing something?

Posted by Charles Kuffner
Interview with Marlon Barabin

Our busy week of Council interviews continues as I get back to the crowded At Large #5 race with Marlon Barabin. Barabin is a Master Sergeant in the Texas Air National Guard who has served two tours in Iraq. He is also a businessman and the President and CEO of the Houston's Citizen's Chamber of Commerce. The interview is here, as always in MP3 format, and the Kuff's World post is here.

PREVIOUS INTERVIEWS:

Zaf Tahir - At Large #5 - MP3
Joe Trevino - At Large #5 - MP3
Lawrence Allen - District D - MP3
John Marron - District I - MP3
Manisha Mehta - District E - MP3
Council Member Anne Clutterbuck - District C - MP3
James Rodriguez - District I - MP3

Posted by Charles Kuffner
Border fence details now available

See what's in store for the border, for all the good it won't do.


For the first time, U.S. Border Patrol officials have released precise locations, a construction schedule and photos of the type of fencing proposed for some areas along the Texas-Mexico border.

The details, posted on the Federal Register Web site by U.S. Customs and Border Protection and the U.S. Army Corps of Engineers on Monday, triggered anger and disappointment from South Texas business, agriculture and wildlife interests.

Documents posted on the Web site identified 21 segments of fencing along 70 miles of river frontage in the lower Rio Grande Valley, including state parks and federal wildlife refugees. Most of the segments would be around ports of entry, including Brownsville, Rio Grande City, Harlingen and McAllen, according to the documents.

''It's a waste of money -- it's not going to stop anything," said Steve Ahlenius, president of the McAllen Chamber of Commerce. ''There are more effective ways to stop illegal immigration, and this isn't one of them."

[...]

Fence specifications outlined Monday for the Rio Grande Valley call for a 16-foot-high structure that is ''aesthetically pleasing," yet stout enough to withstand a crash by a 10,000-pound vehicle traveling 40 mph. Individual segments of the fence could range from one to more than 13 miles.

The fencing would include a single-lane, unpaved patrol road, according to documents on the Web site. In the Valley, 508 acres of land will be ''temporarily impacted" by clearing to embed the fence 3 to 6 feet below the ground. The structure must have minimal impact on the movement of small animals and not stop water flow, according to the documents. If approved, construction will begin next spring and continue through December 2008, the government said.

The new plans have underscored ongoing criticism from some along the border who have said the government hasn't consulted locals on the project.

''It's a mistake, and clearly they have not listened to anything anybody who lives on the border has to say," said David Benn, a Brownsville birding guide who volunteers at a private wildlife refuge that would be fenced. ''But I'm not surprised because I think the federal government knew what they were going to do, and all this public input is nothing but window dressing."

The government plans to erect much of the fence along river levees maintained by the International Boundary and Water Commission, which has determined much of the levee system has eroded and needs to be repaired.

Fred Schuster, owner of the 3,000-acre Schuster Farms south of Alamo, said it didn't make sense to install an expensive fence on levees needing repair. ''They need to upgrade the levees first and then think about where they want to build the fence," said Schuster, whose family has farmed on the Rio Grande for 85 years.

Jim Chapman, who chairs the Sierra Club in the Rio Grande Valley, expressed dismay at plans to build on habitat the U.S. Department of Interior has spent nearly three decades preserving.
''The fence, even though it's not continuous, is an unmitigated disaster for wildlife along the river," Chapman said. ''It's a mighty sorry way to treat the national wildlife refuge on the river that protects more species of plants and animals than any other refuge in North America."


Read it and weep. The Rio Grande Guardian and Texas Observer have more.

Posted by Charles Kuffner
TLCV rates Houston legislators

Actually, the Texas League of Conservation Voters has put out its scorecard for the entire Lege, but I'm just going to summarize it for the Harris County contingent. You can see the whole thing here (PDF), and I've reproduced their email beneath the fold. Here are the results for the Harris delegation to the House:


Name Score Grade
===================================
Alma Allen (D) 93% A+
Kevin Bailey (D) 83% A
Dwayne Bohac (R) 38% D
Bill Callegari (R) 31% F
Ellen Cohen (D) 88% A
Garnet Coleman (D) 100% A+
Joe Crabb (R) 35% F
John Davis (R) 41% D
Harold Dutton (D) 77% B
Gary Elkins (R) 26% F
Jessica Farrar (D) 87% A
Patricia Harless (R) 25% F
Ana Hernandez (D) 92% A+
Scott Hochberg (D) 96% A+
Borris Miles (D) 100% A+
Jim Murphy (R) 35% D
Rick Noriega (D) 96% A+
Debbie Riddle (R) 29% F
Wayne Smith (R) 23% F
Robert Talton (R) 25% F
Senfronia Thompson (D) 100% A+
Sylvester Turner (D) 59% C
Corbin Van Arsdale (R) 32% F
Hubert Vo (D) 96% A+
Beverly Woolley (R) 28% F

Note that every Craddick D scored worse than every non-Craddick D, though they still scored better than every Republican. Overall, only two Republicans scored as high as 50% - Delwin Jones (52%), and the newest member of the Democratic contingent, Kirk England (69%).

There isn't a comparable level of detail for the Senate, since there were far fewer environmental bills voted on over there. Special mention is given to Sen. Mike Jackson and his infamous SB1317, and to Sen. Dan Patrick, who apparently opposed every clean air bill that came up. Click on for a summary of that from the TLCV email, or go to the full report.

UPDATE: Fixed incorrect grades for Dwayne Bohac, Ana Hernandez, and Jim Murphy. Thanks to Thomas in the comments for the catch.

Texas League of Conservation Voters Grades Legislature

Houston legislators rated on Toxics, Clean School Buses, and Clean Air; Sen. Jackson and Patrick named to "Worst" list

(AUSTIN) - State Sen. Mike Jackson has the ignoble distinction of championing the worst environmental bill of the year in Texas, according to a scorecard of the 2007 legislative session released today by the Texas League of Conservation Voters (TLCV).

"We expect this to be an issue with many voters in the 2008 election," said Colin Leyden, TLCV's Executive Director. "Jackson is going to have to explain why it was so important to him to stop Houston from protecting the health and safety of its citizens."

Frustrated over the state's lack of action in addressing toxic "hotspots" in Houston, Mayor Bill White Mayor Bill White proposed that Houston should be able to regulate toxics using a city nuisance ordinance. Jackson's polluter lobby-backed bill prohibited a municipality from regulating air pollution through ordinance.

During floor and committee debate, it often appeared as if Sen. Jackson either did not understand his own bill, or was being purposely misleading. Despite being told otherwise, he repeatedly told fellow Senators that Texas should let the EPA do their job of regulating toxics and seemed to think that the issue was part of ongoing efforts to reduce area smog. Unlike NOx and other major ozone contributors, the EPA does not regulate toxic emissions.

"It's difficult to know which is worse - willful ignorance, or deceit," said Leyden. Sen.Jackson joined Sen. Patrick as being TLCV's "Worst" senators. Not all the news from the Senate was bad for Houston. Senators Ellis and Gallegos were both named to the TLCV "Best" list for their efforts.

The TLCV scorecard rates legislators on their actions to protect the state's air, water, and other natural resources. The scorecard provides objective, factual information about conservation voting records, and helps hold the Texas Legislature accountable. Each vote scored presented a clear choice for our elected officials to uphold the conservation values shared by Texans.

The 27 votes analyzed by the League's House scorecard included several votes and issues that will be of great interest to Houston voters in the upcoming 2008 legislative races.

The House also had the opportunity to address toxics legislation. During debate over SB 12, the bill's House sponsor, Rep. Dennis Bonnen, accepted two amendments that would help reduce toxic air emissions. Rep. Senfronia Thompson's "motion to instruct" is a common method to inform conference committee members of important provisions the House wants protected during negotiations with the Senate.

Two Houston-area Republicans, Rep. Bohac and Rep. Davis, broke from their party and voted in favor of Rep. Thompson's motion. Both Bohac and Davis are in competitive districts and faced criticism in the 2006 election for their previous voting record on toxics. Last session, all Houston-area Republicans voted against efforts to fix toxic air emissions.

"The good news is that the political process is working. A few legislators who felt the heat over their bad voting record are now listening to voters. Their vote is important, but now we need them to show some leadership and stand up to the House leadership by filing bills and sponsoring legislation," said Leyden.

Fifteen separate bills were filed in the House addressing toxic air emissions, all by Democrats, but Environmental Regulations Committee Chair, Dennis Bonnen, refused to hear a single one. He also threatened to kill his own clean-air bill rather than allow a floor vote on toxic air amendments.

Another House vote of interest to the Houston-area was an amendment to protect children from asthma as well as exposure to dangerous chemicals by providing funds to clean up diesel emissions in Texas school buses. Studies show that toxic pollution levels inside old diesel school buses can be five times higher than background levels due to emissions from crankcases and tailpipes.

This amendment was opposed by 20 of the 35 House members who represent constituents living in the Houston non-attainment area. The amendment drew bi-partisan support , but Rep. Dwayne Bohac was the only Houston-area Republican to vote in favor of it. Those who voted against it (overall TLCV score included) include Representatives: Dennis Bonnen (F), Bill Callegari (F), Joe Crabb (F), Brandon Creighton (F), John Davis (D), Harold Dutton (B), Rob Eisler (F), Gary Elkins (F), Patricia Harless (F), Charlie Howard (F), Jim Murphy (D), Mike O'Day (D), John Otto (F), Debbie Riddle (F), Wayne Smith (F), Robert Talton (F), Larry Taylor (F), Corbin Van Arsdale (F), Beverly Woolley (F), and John Zerwas (D). All Democrats except Rep. Dutton voted in favor of the amendment.

"Legislators are going to have to answer to voters as to why they voted against funding a program to clean up toxic emissions that our school children breathe every time they ride the bus," said Leyden. Funding for the program was supported by the Texas PTA and other groups.

A Quick Look at the House Numbers for the Houston area

This year's scorecard includes votes on some important conservation legislation which passed with unanimous or near-unanimous consent because of its "apple pie" type qualities. This was also due in part to a positive House procedural change requiring all final votes on bills to be recorded. This caused all legislators to start with a much higher "base" score than in previous years.

Average Houston-area House Score: 56% ...................Entire House Average: 57%
Average Houston-area Republican Score: 31% ............ All Republicans in House: 32%
Average Houston-area Democratic Score: 89% .............. All House Dems: 84%
Perfect Houston-area 100's: 3 ................................... Entire House: 11
Overachievers (A+): 9 above 90% ................................. Entire House: 36
Houston-area Failures (F): 15 below 35% ....................... Entire House: 56
Highest Houston-area Republican Score: John Davis 41%
Lowest Houston-area Democrat Score: Sylvester Turner 59%


A complete House scorecard with vote descriptions can be found at www.tlcv.org

"In general, the scorecard reflects moderate, forward progress on conservation issues in Texas," said Leyden. "But the real story of last session is that Texas is no longer moving backwards. Unlike previous sessions, conservation advocates didn't have to spend vast amounts of time fighting bad bills."

The 2007 Legislature did manage to take a few small steps forward. Thanks to the work of a large and diverse group of advocates, state parks finally received a much needed boost in funding. A modest energy efficiency bill was passed. Bills succeeded to protect rivers and bays and promote water conservation. And the money to fund state programs for clean air initiatives in large urban areas was re-appropriated back into the program.

There were, however, numerous missed opportunities to fix dirty power plant permitting, address climate change, and secure a cleaner more sustainable energy future for Texas.

The Senate made more progress on conservation than the House, and Speaker Tom Craddick continues to be the biggest obstacle to reasonable conservation legislation in the legislature. Craddick's appointment to chair the Environmental Regulations Committee, Angleton Republican Dennis Bonnen, effectively killed any sensible environmental legislation that is opposed by the polluter lobby. Bills on global warming, toxic air emissions, school bus emissions, and global warming that passed the Senate never saw the light of day or were weakened in the House.

"It's clear we need to clean up the Texas House," said Leyden. "In 2008, our PAC will focus even more resources defending conservation allies, and defeating enemies." In the 2006 election, the TLCV Political Action Committee helped elect three challengers who defeated bad incumbents, defend two good incumbents, and win two open seats for the conservation community.

"The political winds for both political parties are shifting in Texas, with conservation issues like clean air and global warming becoming top issues for concerned voters," said Leyden. "We're confident that this trend will only increase as we head into the 2008 political season, and our scorecard will be a useful tool for voters to assess their incumbents - and vote accordingly."

Senate Highlights, Heroes, and Despots


There were not enough record votes in the Senate for a meaningful scorecard, but a complete Senate narrative with highlights and specific votes can be found at www.tlcv.org

The Best

Sen. Rodney Ellis - One of the first bills Sen. Ellis (Houston) filed was SB 124, which provided stricter vehicle emissions standards in Texas. Sen. Ellis also filed a bill, SB 860, calling for a two year moratorium on the permitting of any new coal fired power plants in Texas.

Sen. Kirk Watson - Freshman Senator, Kirk Watson, had a flawless voting record, and also authored two of the most important conservation bills of the session. The Senate overwhelmingly passed Sen. Watson's SB 529, which authorized the use of surplus money within existing clean air programs to reduce dirty emissions from Texas school buses. Sen. Watson also introduced and passed SB 1687, the "no regrets" global warming bill. This bill required the state environmental agency to identify strategies that would reduce greenhouse gas emissions and save consumers money or cost nothing.

Sen. Eliot Shapleigh - El Paso Senator, Eliot Shapleigh, has a long history fighting for the health and safety of his constituents and protecting our state's natural resources. This session, Shapleigh filed bills to strengthen TCEQ air permitting rules, and passed legislation to study the effects of climate change on the Rio Grande.

Sen. Mario Gallegos - Two Senate bills, SB 1924 and SB 1855, by Sen. Mario Gallegos, addressed toxic air emissions. Scientific studies by the City of Houston and health, environmental and medical branches of Texas universities, confirm that levels of toxins in Texas' air threaten the public's health. This is specifically a problem in Houston, where industry emissions have created toxic "hotspots".

The Worst

Sen. Mike Jackson - Sen. Jackson has the ignoble distinction of championing the worst environmental bill of the session, SB 1317. Frustrated over the state's lack of action in addressing toxic "hotspots" in Houston, Mayor Bill White proposed that Houston should be able to regulate toxics using a city nuisance ordinance. SB 1317 prohibited a municipality from regulating air pollution through ordinance.

Sen. Dan Patrick - Sen. Patrick's 2007 record on conservation is easily summed up. If legislation before the Senate attempted to clean our air, address climate change, or protect children from harmful school bus emissions - he was against it.

Dishonorable Mention

Sen. Eddie Lucio - Instead of joining 10 other senators to block the polluter-backed SB 1317 from being heard, Sen. Lucio, after saying he'd help, registered as "present not voting". The bill was free to move forward and eventually passed the Senate.

The Texas League of Conservation Voters and the affiliated TLCVPAC is dedicated to electing legislators who conserve Texas air, water, parks, public lands and public waters, and defeating those who don't.

Posted by Charles Kuffner
First TexBlog PAC fundraiser a smashing success

As it's not exactly practical for me to drive to Austin on a weeknight for an evening event, I was unable to attend the first TexBlog PAC fundraiser, which took place last night in Austin. Fortunately, my colleague Matt Glazer was there with this report.


Last night was an incredible success for TexBlog PAC. Over 150 individuals, candidates, elected officials, and bloggers attended the inaugural fundraiser at the home of Austin attorney Amy Clark Meachum. Our friend and fellow TexBlog PAC board member Vince Liebowitz drove in to town to celebrate with us, and there is a lot to celebrate.

TexBlog PAC is less than two months old, and already we can say that it is an overwhelming success.

In less than two months over 5,000 people have signed up to take back the House. We have raised over $10,000 from a little over 100 donors. We have a working coalition that includes our largest supporter to date, the Texas Democratic Party, the Lone Star Project, the House Democratic Campaign Committee (whose board includes Rep. Jim Dunnam, Rep. Pete Gallego, and Rep. Garnet Coleman), and Democracy for Texas. This doesn't even begin to cover the more than a dozen Democratic State House Members that have given generously.


Elise Hu has more. We're busy putting together a Houston event, for which I hope to have details soon. If you would like to be notified about this by email and/or snail mail, I'll be more than happy to send you an invitation. Please drop me a note - kuff-at-offthekuff-dot-com - with your contact info, and I'll make sure you're on the list. And of course you can donate any time by visiting our ActBlue page. Thanks very much.

Posted by Charles Kuffner
Kirby renovation by the numbers

Christof looks at the Upper Kirby reconstruction project, and sums up the case against widening the traffic lanes succinctly:


It's been the Houston pattern for 50 years to take away trees and pedestrian space in the interest of wider traffic lanes. It hasn't worked. The streets built to standards are still congested. And, ironically, that's due in part to the wider lanes. A lot of traffic on a street like Kirby is people driving from one store to the next: from Borders to Whole Foods, from Bed Bath & Beyond to Desert Gallery. If those people would walk a block instead there would be one fewer car on the street. But few will walk on a narrow concrete strip with cars racing by 2 feet away. Kirby is at the beginning of a growth spurt that will result in bigger buildings with retail built up to the sidewalk and parking tucked in behind and stacked above. That will draw more pedestrians out to the street. It would be ironic if, at the same time, the city's insistence on suburban lane standards makes the sidewalks less friendly.

Amen to that.

Posted by Charles Kuffner
September 25, 2007
S-CHIP vote in the House today

The battle over S-CHIP will be re-joined today as the House takes up the a compromise bill that was agreed upon last Friday. An earlier version of that bill, HR 976, passed with 68 votes in the Senate last month, which is enough to override a Presidential veto. The House doesn't currently have enough votes for that, but you can bet your paycheck that a whole lot of whipping is going on right now. Bill Scher lays out the dynamics of the fight, and there's more information about the compromise bill here.

You can, of course, help with this by calling your member of Congress and urging him or her to support this bill. Some Texas Republicans are thought to be persuadable, so if anyone out there has Louie Gohmert, Kenny Marchant, Mike McCaul, or Lamar Smith as their representative, please consider giving the House switchboard a call at (202) 224-3121 and telling them to vote in favor of the bill. Alas, there are still some Democrats who, for reasons unknown to me, need to be brought in line. Every Democratic "No" vote makes it that much easier for this to die. The bill can be passed with a few Dem dissenters, but it can't become law over President Bush's avowed veto without a united front. Those of you with any connections to the following, you know what to do:

Dan Boren (OK)
Jim Cooper (TN)
Joe Donnelly (IN)
Brad Ellsworth (IN)
Baron Hill (IN)
Bob Etheridge (NC)
Mike McIntyre (NC)
Heath Shuler (NC)
Jim Marshall (GA)
Gene Taylor (MS)

A total of 290 votes in the House are needed. If we get 280 or so, and some of these are left on the table, all I can say is I hope there will be consequences. There's no valid reason for a Democrat to oppose S-CHIP.

Finally, Rep. Garnet Coleman, one of the biggest boosters of CHIP in the state legislature, has an op-ed on S-CHIP in today's Chron. I'm reprinting it beneath the fold for posterity.

Stop Bush from chipping away at children's care President hasn't learned from hard Texas experience


By STATE REP. GARNET F. COLEMAN

One of the most telling measures of our values and compassion -- as individuals, as a state and as a nation -- is our commitment to afford every family the opportunity to raise a healthy child. As an economic and moral issue, it's a commitment that should transcend political party and ideology, but the future of the State Children's Health Insurance Program (SCHIP) is subject to foolish political obstruction by the Bush administration.

After difficult legislative battles in the 1990s, Texas was making great progress with our CHIP program before 2003, when the new partisan Republican legislative leadership enacted policies that caused more than 200,000 Texas children to lose their health insurance. Those legislative changes were so damaging that they played a role in Texas House Speaker Tom Craddick's team losing seats in the 2006 elections. This year the Texas Legislature voted to roll back some of the restrictions put in place in 2003.

Now the debate has moved to Washington, D.C., where President Bush has implemented rules that would cut off more children's health care and has vowed to veto a reauthorization of SCHIP legislation that would give states the ability to offer health care coverage for more than 3 million uninsured children. Instead of adopting the Texas success story from the 1990s, President Bush and his fellow congressional ideologues seem intent on importing Texas' 2003 failures to Washington.

In 1999, I wrote the law that established CHIP in Texas. We designed CHIP as a public policy that would fulfill the promise of affordable access to health coverage for children from working families who can't afford it. Unfortunately, for the past four years, partisan ideologues in the Texas Legislature have enacted policies intentionally designed to deny health care to as many children as possible.

While 200,000 Texas children lost their health coverage, Texas has been forced to return $1 billion of our federal tax dollars to the federal government because barriers were put in place to cut CHIP enrollment. Now our dollars are being spent to help children in other states.

Thankfully, two new laws should improve access to CHIP. According to official estimates by the Legislative Budget Board, approximately 100,000 more Texas children should enroll in CHIP thanks to House Bill 109. Additionally, an amendment I placed on the state budget should eliminate red tape that has denied health coverage to thousands of children.

Even with these changes, 1.4 million children in Texas have no health insurance, and Congress and President Bush should not fail any of these children.

After months of work, Congress is poised to pass SCHIP legislation that would substantially increase funding by $35 billion over the next five years. Funded by an excise tax increase on cigarettes, the proposed Senate bill would cover an additional 3.2 million children in the United States. The U.S. Senate passed the $35 billion SCHIP bill, with the support Texas Sen. Kay Bailey Hutchison.

The cost of health insurance goes up every year. SCHIP will lose ground and kids will lose health insurance unless it covers rising health insurance costs. Earlier this summer, Sen. John Cornyn, R-Texas, supported a SCHIP bill that would have barely kept up with the rising costs and was insufficient to add any new children to the program, according to the Congressional Budget Office.

President Bush's proposed plan would likely cover fewer children than the program does today. Even more galling, the administration recently implemented rules that effectively prohibit states like Texas from ever covering many children whose parents earn just enough to make 250 percent of the federal poverty level, but can't afford health insurance.

It's tragic that some Texans in Washington are pushing failed policies from Texas. When Bush was governor, he supported even more restrictive eligibility standards, but the Texas Legislature ultimately forced him to sign a bill that covered more children.

At that time, Gov. Bush cynically remarked to one legislator: "You crammed it down our throats." In 1999 all we did was provide access to health coverage for children whose parents worked but couldn't afford it. Now it's time for Washington, D.C., to do the same, and it's a shame that Congress may have to "cram it down the throats" of leaders who should have learned better by now.

Coleman, a Houston Democrat, is senior member of the Public Health Committee in the Texas House of Representatives.

Posted by Charles Kuffner
HISD still struggling with the bond referendum

I know HISD has said repeatedly that it will not remove the bond referendum from the ballot this November. And though they've picked up some support recently, the overall news continues to be bad for them.


The Houston Independent School District should stop pushing its $805 million bond proposal and take time to address a laundry list of concerns from residents, dozens of community leaders said Monday.

Among the concerns of the roughly 100 who attended a town hall meeting at the Greater Zion Baptist Church were what they saw as HISD's inadequate efforts to solicit community input and the underfunding of repairs at schools in predominantly black neighborhoods in the Third and Fifth wards.

"You cannot blackball us or push us to the side," said 24-year-old Vincent Mass, a Texas Southern University student and 2001 Furr High School graduate. "This is really a civil rights issue. It's still separate, but unequal."

[...]

Endorsements for the Nov. 6 election have been issued by state Rep. Borris Miles, D-Houston, state Sen. Mario Gallegos, D-Houston, and the Houston Gay, Lesbian, Bisexual, Transgender Political Caucus.

But the stream of opposition has continued, despite a series of concessions Saavedra made last week. The superintendent admitted he should have solicited more community input and announced that HISD can finance the bond without increasing taxes.

[...]

The groundswell of concerns prompted the Greater Houston Partnership, the city's largest business-led organization, to decide again Monday to remain neutral on the measure. The group was an avid supporter of HISD's last two bonds.

"The business community does get behind the economics of the bond proposal, but not at the cost of such social divisiveness that we've seen so far," said John Hofmeister, president of Shell Oil Co. and chairman of the partnership's board. "There is frankly too much social divisiveness separating the goodness of the bond proposal from the unintended consequences of those in the community who feel left out."

If HISD can prove it's willing to listen to the community -- possibly by taking school consolidations off the table for now -- the partnership may reconsider its position, he said.

The partnership is among those feeling left out, Hofmeister said, adding that he considers HISD's drive to rush this election a mystery.

"We felt very compressed in a time schedule that's also unprecedented," he said.


That does seem to be the big question. It's not like no one saw the need for this coming, but why roll out the referendum proposal so close to the election? You could make the argument that if you pass the bond now, the specifics can be addressed later. In fact, in yesterday's story, HISD more or less made that argument:

[School district spokesman Terry] Abbott said changes to the referendum were already made last week as a result of talks with the community. Future changes are possible since the language on the ballot is a general proposal and does not list specific projects, he said.

"It would be entirely wrong to say that the proposal can't be tweaked or improved," Abbott said.


The main problem with this line of reasoning, of course, is that it requires a level of trust in HISD that's clearly lacking. If HISD had the trust it's asking for here, the bond would be sailing on its way to passage. At this point, you have to ask: What would be the bigger setback for HISD, to pull the referendum off the ballot until 2008, or to forge onward and see it go down to defeat? I think the answer to that is obvious, but HISD either hasn't reached that conclusion, or isn't ready to admit that it has.

There are still opportunities to speak up about this. Click on for a message from State Rep. Garnet Coleman about a meeting at Ryan Middle School.

Ryan Middle School Community Discussion

A community discussion on the future of Ryan Middle School and the Jack Yates feeder pattern


S.H.A.P.E. Community Center
3903 Almeda Rd (click here for a map)
September 25, 2007
5:30pm

For more information or to RSVP,
please call the office of
Representative Garnet F. Coleman at
713-520-5355

Posted by Charles Kuffner
Interview with James Rodriguez

And on we go with the Council interviews as I head back to District I for a conversation with James Rodriguez. Rodriguez was Chief of Staff to Council Member Carol Alvarado for four and a half years and is now the marketing director for an engineering firm. He also got to be the Astros' batboy as a kid, which makes me quite envious. The interview is here, as always in MP3 format, and the Kuff's World post is here.

PREVIOUS INTERVIEWS:

Zaf Tahir - At Large #5 - MP3
Joe Trevino - At Large #5 - MP3
Lawrence Allen - District D - MP3
John Marron - District I - MP3
Manisha Mehta - District E - MP3
Council Member Anne Clutterbuck - District C - MP3

Posted by Charles Kuffner
Texas blog roundup for the week of September 24

New week, new Texas blog roundup. Some new faces in the links below, so click on and see what's happening.

It's about one thing. TXsharon at Bluedaze tells us why we have to make it about something else.

Bill Howell of StoutDemBlog, a new member of the Texas Progressive Alliance, takes a look at Kirk England's recent party switch as well as other recent party switches in Dallas County in Rove's Permanent Majority Collapses: Now What Do We Do With All These Defectors?

Boadicea at Texas Kaos wonders if MoveOn doesn't owe John Cornyn a thank you note.

Musings discovers that the lead GOP presidential contenders are too busy for Black and Latino sponsored debates, while the local Harris County GOP claim they are home to Hispanics because of their once a year bike give away.

Gary at Easter Lemming Liberal News has word on Mayor Manlove of Pasadena entering the race to challenge Lampson for Congress and the mayor's race it opens up He also has a short colorful digest of Naomi Klein promoting her book on Disaster Capitalism.

WCNews at Eye on Williamson posts on recent news that Gov. Perry and Speaker Craddick - who Krussee excoriated at the end of the legislative session--will appear at a fundraiser for him in Krusee Throws Reagan Over The Wall And Under The Bus.

Mayor McSleaze at McBlogger takes a look at some of the dumber things to come out of the right this week, like Bill O'Reilly's trip to a Harlem hot spot where he discovered that it was just like a 'real' restaurant, you know, like Olive Garden.

Off the Kuff looks at the causes and effects of Kirk England's party switch.

Refinish69 at Doing My Part For The Left looks at UT football and ask a simple question - UTLonghorns or UT Thugs.

Burnt Orange Report and its diarists are following the Kirk England switchover with enthusiasm. After breaking the story on Wednesday, the entire staff welcomes the newest Democrat to the House.

KT at Stop Cornyn shows how Junior Senator John Cornyn is wasting time again. Instead of getting funding for CHIP or getting our troops the armor they need, John Cornyn forced a vote condemning MoveOn.org. Yet another example of failed leadership and Junior John being out of touch with Texas needs.

Evan
at the Caucus Blog covered two major stories this week. First, after months of investigation, discussion, and debate, the Houston GLBT Political Caucus has decided to endorse the HISD bond proposal. Second, Evan has looked into the history of the fight for a federal Employment Non-discrimination Act in the post "ENDA Deja Vu."

Bradley at North Texas Liberal discusses how Washington, D.C. almost had the vote, but lost it due to greedy Senate Republicans. Only eight Republicans could be bothered to vote for the legendary bill that would have allowed the District a voting member of Congress.

The marriage of the Republican party to theocracy is no accident. Right wing investors like Richard Mellon Scaife are molding US churches, notes CouldBeTrue at in "What does an El Paso Church have to do with the right wing" at South Texas Chisme.

It was quite a week for Senator Box Turtle; he led the Senate charge against free speech, voted against habeas corpus, and against adequate down time for our soldiers. As PDiddie at Brains and Eggs points out, he now owns the war on terror -- in addition to the war on the Constitution and all Americans. But he did unwittingly sponsor a successful fundraiser for MoveOn.org, so he wasn't a complete failure.

WhosPlayin joins a local Republican activist in opposing tax abatements for speculative real estate development in Lewisville.

Vince at Capitol Annex has been keeping tabs on the Texas Conservative Coalition and its town hall meetings across East Texas in which they propose to eliminate property taxes in favor of an expanded sales tax, and points out that at least one new candidate has already started drinking their Kool-Aid.

Hal at Half Empty was at a campaign kickoff fundraiser for Ron Reynolds who is running for State Rep in HD 27. He took videos and did a series. Links to the series is at his summary posting: Ron E. Reynolds is Running for State
Rep in HD 27
.

Blue 19th notes that Randy Neugebauer can't hide his contempt for veterans from everyone. So which party was it that supported our troops? Oh yeah, the one that doesn't start with "Republican".

The Texas Cloverleaf says that confusing ballot language and campaign slogans cloud the upcoming Trinity Toll Road vote in Dallas.

Posted by Charles Kuffner
The anti-Bolsover

I've blogged quite a bit about the Sonoma project in the Rice Village for which a one-block stretch of Bolsover has been abandoned by the city to the developer so it can be turned into a pedestrian plaza. (If you haven't yet, listen to my interview with Council Member Anne Clutterbuck, in which she addresses some of the issues about that.) There was a lot of debate about how the closing of that one block might affect mobility in the area. If you think that abandonment will result in a net loss of traffic capacity, then you'll be glad to know that sometimes the opposite occurs; that is to say, in some developments, even in the heart of Houston, new throughways are created. Christof has an example that's under construction now out at San Felipe and Post Oak, which he's dubbed the anti-Bolsover. It's not even the only such example right now. Check it out.

Posted by Charles Kuffner
Fifty years of vocational training

The Center Serving Persons with Mental Retardation is celebrating 50 years of offering vocational training - yesterday was the ceremony observing the anniversary. KUHF has a brief story, which as far as I can tell is the only mention in the media. Check it out.

Posted by Charles Kuffner
The end (?) of hurricane season in Texas

According to SciGuy, in the past 150 years, only three hurricanes have hit the Texas coast after September 24, the most recent being Jerry in 1989. The 24th is a key date, since it's when Rita made landfall in 2005, though technically it did so in Louisiana. Be that as it may, we're in the home stretch, and we should have smooth sailing from here on out. But still don't go drinking all that bottled water just yet. You never know.

Posted by Charles Kuffner
September 24, 2007
Noriega wins DFT endorsement

In the end, it wasn't even close. Which isn't really a surprise when you realize how much Rick Noriega has to offer progressive voters. What more can you say? For good reason, I believe in Rick Noriega. Here's what DFT has to say about the result:


Candidate // All Voters // Pre-Poll DFT Members

Rick Noriega // 78.4% // 86.2%
Mikal Watts // 21.6% // 13.8%

Total votes cast: 1,931*

We're excited that our first endorsement is for such a terrific candidate, one who drew comments such as these:

"I am extremely impressed with Rick Noriega's clarity of thought and purpose as well as his passion and organization."

"Rick is the right man at the right time."

"Rick Noriega is the candidate supported by grassroots Texans all across our State because he is the candidate who has the integrity to represent all Texans..."

"...Rick is tough enough to stand toe to toe with any Republican..."

"Rick Noriega has "walked the walk" and has a progressive voting record to show for it!"

Over the coming months, we'll give you ideas of how you can help Rick in his campaign. Right now, the best way you can help is to sign up on his website and make a contribution before the end of the quarter on September 30.

Join the Noriega for Senate campaign here.

Click here to make a donation to Rick Noriega via ActBlue.

We appreciate the thoughtful answers of both candidates to our questionnaire, and we will leave a download on our website so you can spread the word. And many thanks to all of you who took the time to read their answers and vote, especially those who made a contribution to help us defray the cost of the poll.

We look forward to an exciting primary season and to sending John Cornyn home in November 2008!

Your DFT Steering Committee -

Erik Azulay, Glen Maxey, Mark McCulloch, and Fran Vincent

* In order to address concerns expressed by some participants about the elimination of questionable votes, we have counted all votes (including those in question) except those that were clearly duplicates, those cast after the deadline, and a handful from out of state.


Awesome. Now then, if you click on the Noriega fundraising hub link, you'll see that we're well past our goal of 800 donors for the quarter. That doesn't mean we have enough, of course. As we proceed through the last week of the quarter, now would be an excellent time to make that donation to Rick Noriega that you've been thinking about making. The better the number he can report, the better his chances will be in the primary. Go ahead, click away. Thanks very much.

Posted by Charles Kuffner
The ghosts of Flatbush

Fifty years ago today, the Dodgers played their last game in Brooklyn.


When former Dodgers pitcher Danny McDevitt threw a ceremonial first pitch to ex-batterymate Joe Pignatano at a Brooklyn Cyclones minor league game in June, more than 7,900 fans cheered the re-enactment of the final pitch at Ebbets Field.

It's a fitting footnote that the crowd was larger than the attendance at the actual event -- only 6,702 showed up 50 years ago tonight for the Dodgers' last game in the historic ballpark in Flatbush.

A half century after the club's move to Los Angeles, the legend of the Brooklyn Dodgers remains as magical as one of Duke Snider's home runs onto Bedford Avenue.

Other relocated teams, such as the Boston Braves, Philadelphia Athletics and even the New York Giants are almost forgotten, but the "Bums" live on in a series of books, DVDs, television shows, apparel and autograph signings that tap into the nostalgia of a bygone era in the borough.

"There's a mystique there that will probably never be caught again," says John Miley, the Evansville, Ind., collector/vendor of original radio broadcasts whose inventory includes about a dozen Brooklyn games from the 1950s.

[...]

The Cyclones, a New York Mets Class A affiliate, heralded the return of professional baseball to Brooklyn in 2001 when they opened KeySpan Park in Coney Island, about 71/2 miles from where Ebbets Field stood. The New York-Penn League team, which has led all short-season teams (mid-June to early September) in attendance every year, plays strongly to the Dodgers connection with promotions tying into the tradition. This year's giveaway: an Ebbets Field model.

"Every year we've had a former Dodger come back and do something at the ballpark," says general manager Steve Cohen, 40, a Brooklyn native. In addition to McDevitt and Pignatano, Don Newcombe returned and was honored this year.

Cohen says most of the former Brooklyn players still living have visited, as well as the widow of first baseman Gil Hodges, Joan, who still lives in Brooklyn, and Rachel Robinson, Jackie's widow.

[...]

As the 50th anniversary clicks by and boomers who can remember going to the iconic park in Flatbush age, the connection becomes one or two generations removed and might fade.

"I can't get a public school named after Pee Wee Reese," an exasperated Marty Adler, 70, founder of the Brooklyn Dodgers Hall of Fame, says of the late Baseball Hall of Fame shortstop. "They don't remember baseball. People ask, 'Pee Wee, how short was he? Was he a pitcher?' There's no base any more."

Pignatano says youngsters in Brooklyn talk about the Dodgers but, "Are they interested? I don't know. All the kids I talk to about the Dodgers are Mets and Yankees fans ... They don't even know who I am."

Cohen notes a significant segment of Brooklyn's population wasn't in the country when the Dodgers played here.

The Cyclones are doing their part to preserve the legacy with the Brooklyn Baseball Gallery at their park. Adler has contributed many Dodger artifacts. The most historic are the spikes from Erskine's 1956 no-hitter and the catcher's mitt from Mickey Owen's legendary passed ball in the 1941 World Series.

About 3,000 school children visit the small museum each offseason, watching a film on the Dodgers and often hearing Adler speak. "It's like educating an entire generation," he says.


ESPN's Rob Neyer wrote about visiting the old sites of Ebbets Field and the Polo Grounds awhile back. Go read and wallow in the nostalgia.

Posted by Charles Kuffner
Interview with Council Member Anne Clutterbuck

While most of my energy in covering the City Council races is going to focus on the open seats, I am also going to interview some of the incumbent Council members who have opposition this fall. With that in mind, today I present you a conversation with Council Member Anne Clutterbuck, who is in her first term representing District C. The questions I asked her are a little different than the ones I've been asking the candidates, mostly because there has been so much of interest going on in District C. The interview is here, as always in MP3 format, and the Kuff's World post is here. Please let me know what you think.

PREVIOUS INTERVIEWS:

Zaf Tahir - At Large #5 - MP3
Joe Trevino - At Large #5 - MP3
Lawrence Allen - District D - MP3
John Marron - District I - MP3
Manisha Mehta - District E - MP3

Posted by Charles Kuffner
GLBT Political Caucus endorses revised HISD bond proposal

This is the first genuine good news I've heard for the HISD bond proposal so far.


[Saturday], the [screening] committee [for the Houston GLBT Political Caucus] met once again with a representative from HISD. The revised proposal was presented, and many questions were answered. In general the committee was very pleased with the changes, but most members were still upset with HISD's poor attempts at community outreach. After a lengthy discussion, the committee decided to recommend endorsement of the revised bond proposal. The Board also met yesterday, and we voted unanimously to endorse the HISD Bond Proposal this fall. I will discuss the details of the new bond and the significance of our endorsement in a subsequent post.

Maybe now HISD will get some momentum for this. Maybe it's still not too late. We'll see.

UPDATE: Did I say momentum? Maybe not so much.


A coalition of black political, religious and community leaders vowed Sunday to campaign against the Houston school district's $805 million bond referendum if HISD leaders insist on going forward with the November election without major changes.

More than a dozen leaders -- including NAACP officials, state lawmakers, U.S. Rep. Sheila Jackson Lee and the Rev. Bill Lawson -- criticized the Houston Independent School District for insensitivity to the black community, whose input was not sought in shaping the bond package that would build 24 schools and renovate 134 others.

They called on HISD leaders to put off the vote until May, after everyone has had a chance to have their say.

Most of their comments were directed at Superintendent Abelardo Saavedra, who last week conceded he erred by waiting too long to discuss his plans with the community.

[...]

James W.E. Dixon II, a pastor and NAACP officer, said this marks the first time the collective black leadership has come forward to challenge a school bond proposal. They've supported the district's efforts in the past, he said.

Black leaders were "appalled we were labeled outsiders to this process," said Dixon, adding that the bond should be about more than bricks and mortar and should include improving the quality of educational programs in neighborhood schools.

Leaders at Sunday's meeting, held in front of the NAACP's Houston branch office, said if no changes to the terms of the bond proposal are made, they will continue to press a grass-roots awareness campaign with a citywide town hall meeting and other community forums.

"We are saying, 'Pull it down or we will vote it down,'" Dixon said.


That's very bad news for HISD. I hope they're listening, is all I can say.

Posted by Charles Kuffner
Another high-rise, another neighborhood uproar

This sort of thing is becoming more and more commonplace; I'm talking about both the type of project and the neighborhood reaction to it.


A standing-room-only crowd packed the Poe Elementary School auditorium on Thursday night to oppose a 23-story high-rise building proposed in the 1700 block of Bissonnet.

Representatives of the Southampton Civic Club and the Boulevard Oaks Civic Association called the meeting. Both groups have voted to oppose the project, saying it would dwarf the predominantly single-family homes surrounding neighborhoods.

The members of City Council who attended the session said that while they oppose the project, city ordinances prevent them from stopping it.

"We don't have the authority to do that just because we don't like something in our neighborhood," said District C council member Anne Clutterbuck. "The parcel is unrestricted and unplatted, so they can build whatever they want to on it."

Buckhead Investment Partners Inc. is proposing to build a 266-foot tall building to house either 231 apartments or 187 condos. The first five floors would hold 460 parking spaces and 10,000 square feet of retail and restaurant space. The sixth floor would be a common area for residents, and floors seven through 23 would be residential.

[...]

"This tower threatens all of the things we devote our efforts to," such as deed restriction and enforcement, said Southampton Civic Club President Erik Eriksson. "A 23-story, 266-foot tower rips through the fabric of our neighborhood."

Residents and council members suggested options such as buying out the developer, getting people to call Buckhead to try to persuade the company to build something different, and introducing new city ordinances.

"They have no idea the power of this community and the kind of outrage this is going to fuel," Clutterbuck said.

A major obstacle to getting Buckhead to halt the project is that it has already invested $500,000 to expand sewer capacity, Clutterbuck said.


I think it's the feeling of helplessness that comes from the realization there's nothing you can do about this thing that drives the ferocity of neighborhood opposition. At least with Metro and TxDOT, they're required by law to hold public meetings, gather feedback, and prepare impact statements. You know you'll get your chance to affect what they do. There's no such assurance with projects like this, so the only recourse is to make a lot of noise.

The developers weren't at that meeting, but they did talk to Nancy Sarnoff.


Developers Kevin Kirton and Matthew Morgan of Houston-based Buckhead Investment Partners said the project has been designed to be sensitive to the neighborhood, which is where they grew up.

The building's exterior will be red brick with cast stone details, meant to emulate the architecture at Rice University.

"We want to create a building that looks and feels like it's been there a long time," Morgan said.

The front of the building will be set back from the curb about 55 feet, creating a pedestrian plaza. And the tower portion will be 70 feet from the residential lots behind the building, which they said will ensure privacy for the neighborhood.

The developers did note that a traffic study indicated the level of service during the peak morning hours would decline slightly, but that the city required no mitigation.


I'd like to know more about that level of service. Bissonnet is one lane each direction there, and it can definitely back up. There's already a fair amount of cross-traffic on Ashby and nearby Kent because they lead to entrances at Rice University. How much busier do they think this is going to make that area, and hoe much busier would it have had to make it in order to require "mitigation", whatever that means in this context?

On a side note, you have to feel some sympathy for CM Clutterbuck. I mean, first Bolsover, and now this. What's next? The Inside Central Houston blog has more.

Posted by Charles Kuffner
Revitalizing Montrose

This sounds interesting.


With a little motivation, a group of like-minded people could change the look of one of Houston's major streets.

The idea to revitalize Montrose Boulevard and make it one of the city's few walkable corridors has been floating around for decades. In 2006, a group of residents and business owners formed the nonprofit Montrose Boulevard Conservancy with those goals in mind.

"Our vision is to re-establish Montrose as a major thoroughfare corridor that it was originally meant to be," said John E. Walsh Jr., the organization's vice president and secretary.

"I don't know how many people remember that Montrose was a boulevard that had an esplanade," said Montrose resident Claude F. Wynn, a developer and group president.


This makes a lot of sense beyond just improving the look of the boulevard. You really do see a lot of pedestrians on Montrose, especially between Richmond and Westheimer, and again around Bissonet in the Museum District. They should be better served by it. And as always, providing more and better options that allow for leaving the car behind helps to improve mobility for everyone.

As Buffalo Bayou is revitalized to the north and Hermann Park to the south adds a larger-gauge mini train with more stops to facilitate better transportation around the park, a walkable Montrose Boulevard connecting the two would lead to a large segment in central Houston where cars are no longer necessary.

"This will be one of the more extensive systems we have for pedestrian connection," Walsh said.

People also would be able to hop on the existing Main Street rail at Hermann Park and possibly the future University Corridor light rail if it runs down Richmond traversing Montrose Boulevard.


I don't understand the "possibly" in that last sentence. All options for the Universities line would cross Montrose at Richmond. The Culberson option would then jog down Montrose to 59 before continuing west, but there would still be a station at Richmond and Montrose. The only way people will not be able to hop on the U-line at this location is if the line doesn't get built.

A large part of what is needed to make the road more walkable is a better sidewalk, Walsh said.

"The sidewalk doesn't exist in some places. In others it's broken or too small so it's not a complete system at this point," he said.


Speaking from my experience documenting the Robinson Warehouse demolition, I can tell you that the sidewalk between West Dallas and Allen Parkway needs a lot of repair work. That's on the east side of the street, where at least there is a sidewalk. I'm not sure how you retrofit one on the west side, but if you can it would be nice.

Shade is needed to make it palatable and density is required to attract more people.

Metro's University Corridor rail line could help bring pedestrians to the area, while shade would be a part of the project.

"It's kind of frustrating to have a city that has a reputation that it is hot and sticky when in fact this is an outdoor city nine months out of the year," Wynn said. "People will follow shade. It's not about how Disneyland you make it. The walkability is related to shade."


Yeah, that's always amused me, too. Speaking as someone who commuted for four years in New York, I'll take temps in the 90s when I walk over temps in the teens any day. It's the presence of snow, ice, and slush on the sidewalks that makes walking truly miserable. Your mileage may vary, but I see it as Wynn does: Houston's climate overall is far more pedestrian friendly than a lot of places where you have no choice but to walk. Embrace it, don't fear it.

Posted by Charles Kuffner
September 23, 2007
When A Meter Is A Natural Disaster

In a 100 years (give or take), oceans are expected to rise one meter (39 inches) and will wipe out the Jamestown settlement area, the lauch pad in Florida that sent man to the moon, Bush's Kennebunkport home, John Edwards new North Carolina spread, and many of the beaches in Texas and Florida.

This is not an "if", it's "when" and a "what are we going to save" situation:

Few of the more than two dozen climate experts interviewed disagree with the one-meter projection. Some believe it could happen in 50 years, others say 100, and still others say 150.

Sea level rise is "the thing that I'm most concerned about as a scientist," says Benjamin Santer, a climate physicist at the Lawrence Livermore National Laboratory in California.

"We're going to get a meter and there's nothing we can do about it," said University of Victoria climatologist Andrew Weaver, a lead author of the February report from the Intergovernmental Panel on Climate Change in Paris. "It's going to happen no matter what -- the question is when."

Sea level rise "has consequences about where people live and what they care about," said Donald Boesch, a University of Maryland scientist who has studied the issue. "We're going to be into this big national debate about what we protect and at what cost."

This week, beginning with a meeting at the United Nations on Monday, world leaders will convene to talk about fighting global warming. At week's end, leaders will gather in Washington with President Bush.

Experts say that protecting America's coastlines would run well into the billions and not all spots could be saved.

[---]

Even John Christy at the University of Alabama in Huntsville, a scientist often quoted by global warming skeptics, said he figures the seas will rise at least 16 inches by the end of the century. But he tells people to prepare for a rise of about three feet just in case.

It sounds like all sorts of policy and economic decisions will revolve around rising sea levels. Will people move away from the coasts in the next decades? What happens to tourism? Farmland near the coast? Transportation? Whole communities?

Apparently, we are past talking about stopping global warming in any sense of near-term effects. We are headed into an economic and, no doubt, geo-political crisis.

Posted by Martha Griffin
Those damn call centers again

You might have noticed in that story about the lack of help being given to Hurricane Rita victims that a part of the problem was with getting private contractors geared up to distribute benefits. That's a phenomenon with which we're all sadly familiar around here.


Texas is still struggling with slow processing times for social service benefits and overburdened phone lines as it unwinds a failed privatization contract, health and human services officials said at a public hearing Friday.

They outlined plans for several smaller private contracts in the coming three years in the continued transition to call centers where people apply over the phone for a host of state and federal benefits.

But state employees criticized the plan, saying it would be better to hire more state workers for local offices where people apply for benefits in person.

"We're deeply concerned about plans to continue to contract out" work related to determining whether Texas families qualify for food and medical assistance, said Jerry Wald, a member of the Texas State Employees Union.

[...]

Sheila Badzioch, an HHSC caseworker in Houston, said her office lost a lot of experience when 27 of 40 workers left. The state has hired temporary workers and is converting many to full time, but Badzioch said she has worked many hours of overtime to keep up with her caseload of 990 clients.

The privatization effort was beset by complaints of delays in enrollment and problems getting applications processed.

Maximus, an Accenture subcontractor, temporarily took over the CHIP processing as the state re-balanced the roles between the state and the private sector to ensure that policy decisions were made by trained, experienced state employees.

The state plans to award a contract next May for CHIP processing and call center operations. Future contracts will be awarded for a document processing center, enrollment broker services and computer support.


More background on this is here. I'll say it again, this disastrous experiment will go down as one of the biggest fiascoes of Texas government. It's been a failure in every aspect, and it's left us worse off than we were before.

Posted by Charles Kuffner
No help for Rita victims

This really pisses me off.


Two years after Hurricane Rita pushed deep into East Texas with devastating force that damaged or destroyed an estimated 75,000 homes, the state has spent less than one-tenth of 1 percent of the federal grant money set aside to repair or replace many of them.

Local and regional officials say the state has been slow in loosening the purse strings. State officials blame restrictive federal rules and a lack of money compared to Louisiana and Mississippi. Advocates of storm victims contend the entire process has been broken from the start.

"It really appears to me that the state has had an overabundance of caution to prevent fraud and abuse," said Walter Diggles, executive director of the Deep East Texas Council of Governments. "Every time we talk to them they say, 'Look, we don't want a Katrina,' or fraud with individual distributions."

The state and three regional councils of governments, or COGs, have distributed less than $200,000 of the more than a quarter-billion dollars available in two separate allocations of federal housing assistance. And more than $210 million has sat frozen for months while a state agency seeks to hire a private contractor, which isn't expected to have initial disbursements done until next summer.

[...]

The issue isn't whether the government should subsidize housing repairs for storm victims. That was decided in the months after the storm when Congress and President Bush allotted two large Community Development Block Grants to the Gulf Coast states. Gov. Rick Perry assigned Texas' share -- $74.5 million in the first round and $428.6 million in the second round -- to the state Department of Housing and Community Affairs.

Of that, $250.7 million was earmarked for housing -- $40.3 million was released in 2006 and $210.4 million this year. The larger sum is awaiting management by a contractor, who could be hired next month.

Last summer, it sounded like money was imminent.

"Housing assistance is now available for emergency repairs, rehabilitation and new construction," Beth Anderson, chairwoman of TDHCA's governing board, declared in a July 2006 press release. "We are certain that the COGs will move quickly to move these funds and help those who need it most."

Since then, only $183,428 had been spent from the first grant as of mid-September, 14 months after Anderson's statement. Thirteen households had been assisted out of 423 that have qualified.

Michael Gerber, the department's executive director, said he empathizes with the poor, disabled and elderly East Texans who have been waiting for the grant money. But he said the state must comply with rigorous federal eligibility guidelines while ensuring that taxpayers don't get defrauded.

"There's no doubt about it that we've been able to draw down these dollars for some period of time," Gerber said in referring to the first round, adding the state must take extra care because it's having to make do with far less than its neighbors to the east.

The difference, Gerber said, is that Mississippi and Louisiana have disbursed more than $4.5 billion between them because they received more resources and are simply writing up to $150,000 checks to individuals.

Texas went a different route, choosing to work directly with contractors who will do repairs or rebuilds rather than give out money without supervision.

"I believe that in Texas we have higher expectations of accountability and program performance," he said. "Those clearly weigh on this program as well, and given the challenging population to serve and a very challenged housing stock, there's just a lot of moving parts to this. It's made it tough to get those dollars out as quickly as I would want."


This is ridiculous. Certainly, we want to be prudent with the funds that have been allotted, but we've lost perspective here. If two full years after Hurricane Rita we've barely spent one percent of the money to help its victims, then we're too focused on the possibility of fraud, and not nearly focused enough on getting people back on their feet and into their houses. What exactly are our priorities here?

It's so frustrating. This is exactly the kind of thinking that led to the insistence by some Republicans on six-month renewal periods for CHIP. To prevent one ineligible kid from getting benefits, they'd let thousands more who were eligible fall off the rolls. We need to strike a better and fairer balance between those two needs.


Keith Billingsley, a former state trooper who now acts as Diggles' eyes and ears as an inspector for the Deep East Texas COG, said time and further damage -- especially through this rainy summer -- is making bad problems worse.

"I tell you what is frustrating is seeing a house that would have cost $5,000 to fix 30 days after the storm will now cost $30,000 to fix because it's just steadily deteriorating," Billingsley said.

Increased damage also has victim advocates worried that the $40,000 cap on the second round of assistance won't fix the problems.


The words "penny-wise but pound-foolish" don't quite do this justice, do they? Amazing.

One more thing: Where are the elected representatives for Newton County, where this story is set? Where are Kevin Brady, Tuffy Hamilton, and Robert Nichols? (I should include Todd Staples in that list, since he was the State Senator for Newton County for a year after Rita.) Maybe they have been busy working on behalf of these constituents of theirs, but if so you can't tell from the story. At the very least, someone should be asking them about this.

Posted by Charles Kuffner
The five-spot gets a makeover

More redesigned currency is coming our way.


Honest Abe will become Colorful Abe with splashes of purple and gray livening up the $5 bill. The government showed off the new bill Thursday in an Internet news conference -- a high-tech unveiling that officials say is entirely appropriate for a 21st century redesign of the bill featuring the Civil War president, Abraham Lincoln.

The changes are similar to those already made, starting in 2003, to the $10, $20 and $50 bills. In those redesigns, pastel colors were added as part of an effort to stay ahead of counterfeiters and their ever-more-sophisticated copying machines.

Originally, the five wasn't going to be redesigned. But that decision was reversed once counterfeiters began bleaching $5 notes and printing fake $100 bills with the bleached paper to take advantage of the fact that some of the security features were in the same locations on both notes.

To thwart this particular scam, the government is changing the $5 watermark from one of Lincoln to two separate watermarks featuring the numeral 5. The $100 bill has a watermark with the image of Benjamin Franklin.

The security thread embedded in the $5 bill also has been moved to a different location than the one embedded in the $100 bill.

"We wanted this redesigned bill to scream, 'I am a five. I am a five,'" Larry Felix, director of the Bureau of Engraving and Printing said in an interview with The Associated Press. "We wanted to eliminate any similarity or confusion on the part of the public between the $5 bill and the $100 bill."


I read a thriller some years back that was based on the idea of stealing the old $1 bills that were supposed to be shredded, then bleaching them and reprinting them as $100 bills. The idea was to ensure a steady supply of the paper that American bills are printed on, which is tightly controlled and carries penalties for possession similar to those of counterfeiting. Obviously, that was before those new security features were added.

Circulation is planned for the spring so operators of millions of vending machines have plenty of time to make the changes necessary so their devices will accept the new $5 -- a denomination used heavily in the machines.

The bureau will start printing the new notes next week at its facility in Fort Worth, Texas. The goal is to have 1.5 billion $5 bills ready to be put into circulation, at a date still to be determined.

[...]

The next bill to get a makeover will be the $100. It will feature the most advanced safeguard yet, a new security thread composed of 650,000 tiny lenses that will magnify micro-printing on the bills to give the effect of having the images move in the opposite direction than the bill is being moved.


Now that sounds really cool. I can't wait to see what that effect looks like. But I wonder - will the lowly $1 bill and/or its neglected brother, the deuce, ever get an updated look? It feels like almost every other piece of currency out there has gotten a facelift lately. What about the dollar bill?

Posted by Charles Kuffner
I-45 Coalition website and status update

The I-45 Coalition has itself an updated website, and a status report on the I-45 expansion project, which has been on hold for awhile.


Where are we right now?

Currently, the project should be in the Schematic Design & Environmental Phase. This is the phase where TxDOT determines where exactly they would like to put the 12 lanes of traffic. Four (4) lanes going South, four (4) lanes going North (the main traffic lanes) and the additional 4 Managed Lanes. This phase began in November 2005 and was supposed to take 2 to 3 years and will include several public meetings.

However, in August 2005, Congress passed the SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS, known as SAFETEA-LU. This act went into effect in 2006. Due to this act, the Federal Highway Administration (FHWA) issued new requirements TxDOT must now comply with these new rules and regulations before they can continue on this project. TxDOT must prepare a "Purpose and Need Statement" and a "Coordination Plan" before they can do anything regarding I-45. This has temporarily stopped the I-45 process until they get the green light from FHWA. The delay started around last year and is still continuing today.


I must admit, I had almost forgotten this was still going on. For those of you who'd like to do something about I-45 now, here's an event to add to your calendar:

The I-45 Coalition will be speaking at Houston City Council on Tuesday, October 16, 2007 starting at 2:00 p.m. to present the views of the members of the I-45 Coalition and our strong endorsement of the I-45 Parkway & Tunnel. We need to pack the room with people who support the Tunnel. You will not have to speak - merely attend and show City Council that this is what we want to happen in our neighborhood! We do NOT want an I-10 on I-45!!

Visit the I-45 Coalition website for more information about this.

Posted by Charles Kuffner
Like An Episode Of 24, Only It Really Happened

And it lasted 36 hours, not 24. On August 29th, Six nuclear warheads were flown across the United States unbeknownst to anyone. At one point - overnight, after they were loaded onto the transport aircraft - they were secured by a simple chain link fence with a few roaming guards. Not exactly a "perimeter".

The whole mess is reported in the Washington Post with details provided by military personnel who asked for anonymity. Geez, I'm sure Gates and the whole military nuclear command is thrilled about the leakage of what really happened.

Here's the gist of things:

Just after 9 a.m. on Aug. 29, a group of U.S. airmen entered a sod-covered bunker on North Dakota's Minot Air Force Base with orders to collect a set of unarmed cruise missiles bound for a weapons graveyard. They quickly pulled out a dozen cylinders, all of which appeared identical from a cursory glance, and hauled them along Bomber Boulevard to a waiting B-52 bomber.

The airmen attached the gray missiles to the plane's wings, six on each side. After eyeballing the missiles on the right side, a flight officer signed a manifest that listed a dozen unarmed AGM-129 missiles. The officer did not notice that the six on the left contained nuclear warheads, each with the destructive power of up to 10 Hiroshima bombs.

That detail would escape notice for an astounding 36 hours, during which the missiles were flown across the country to a Louisiana air base that had no idea nuclear warheads were coming. It was the first known flight by a nuclear-armed bomber over U.S. airspace, without special high-level authorization, in nearly 40 years.

There are a whole series of checks and balances that are supposed to happen before transporting any nuclear or conventional weapons - armed or disarmed:

A simple error in a missile storage room led to missteps at every turn, as ground crews failed to notice the warheads, and as security teams and flight crew members failed to provide adequate oversight and check the cargo thoroughly. An elaborate nuclear safeguard system, nurtured during the Cold War and infused with rigorous accounting and command procedures, was utterly debased, the investigation's early results show.

[---]

A former National Security Council staff member with detailed knowledge described the event as something that people in the White House "have been assured never could happen." What occurred on Aug. 29-30, the former official said, was "a breakdown at a number of levels involving flight crew, munitions, storage and tracking procedures -- faults that never were to line up on a single day."

This event, known as a "Bent Spear" (one step removed from a "Broken Arrow" which means the loss, destruction or accidental detonation of a nuclear weapon), may be the result of too many resources diverted to the Iraq War. Also, since the Cold War ended, there is less emphasis on nuclear weapons as a main line of defense, and procedures have become lax.

All the way around, not good. And the whole WaPo article is well worth a read.

All I can imagine is the bad guys on 24 climbing that chain link fence and hiding inside the plane and detonating those things over Dallas. As a hypothetical example.

But, I guess if Gates had Jack Bauer, he could have dispatched him to do a mid-air leap from another military plane, torture the bad guys into giving him all of the detonator equipment and save North Texas from Hiroshima x10. All the while, Jack would be taking cell phone calls from Audrey, who would be a big weepy mess at some spa retreat in Arizona, recovering from all of her cumulative Jack-induced traumas.

These episodes write themselves.

Posted by Martha Griffin
September 22, 2007
Last chance to vote in DFT Senate Endorsement poll

Voting ends at midnight tonight. Surely you can tear yourself away from football for a few minutes, right? You've heard Lee Corso before, after all. If nothing else, be sure to read the Noriega and Watts questionnaire responses. And then go vote. Just make sure you do it before midnight tonight.

Posted by Charles Kuffner
Uncle Dan update

I mentioned in the previous entry that my Uncle Dan's write-in victory in the Independence Party primary this Tuesday had been confirmed, and now here it is in print.


In recounting votes Friday, commissioners confirmed two upsets took place Tuesday.

In District 11 of the county Legislature, representing part of Hyde Park, write-in candidate Dan Kuffner picked up another vote for the Independence Party, defeating Noreen Reilly, whose name was on the ballot, by an 18 to 11 vote.

"He pulled off quite an upset,"said Dan French, county deputy Democratic elections commissioner, on Friday. "She's the majority leader of the Legislature."

Nine write-in votes attributed to Reilly on primary night on the county board of elections Web site were found to be nonexistent. This was likely due to an error by elections inspectors in either counting votes in Hyde Park or reporting them over the phone that night, French said.


To recap, this means that Uncle Dan will be on the ballot in November as the nominee for the Democratic, Working Family, and Independence Parties. The incumbent will carry the Republican and Conservative Party flags. Way to go, Uncle Dan!

Posted by Charles Kuffner
More on Rep. England's party switch

State Rep. Kirk England, the Lege's newest Democrat, discusses the reasons why he switched.


"My community's agenda and the Republican leadership's agenda are absolutely not the same," said the Grand Prairie lawmaker. "Certainly the speaker is included in that, but it's the Republican leadership in general. I'm going to throw the governor in there."

Mr. England said he and Republican leaders were not on the same page on issues related to public education, access to health care and other pocketbook matters. And he criticized Gov. Rick Perry for vetoing a bill that would have increased the state's contribution to community colleges.

"Shame on the leadership for that," he said, blaming House Speaker Tom Craddick and his lieutenants.

[...]

Mr. England said Republicans were not interested in pocketbook issues and even tried to get him to change votes in ways that his constituents would oppose.

The self-described moderate, first elected last year in a special vote to replace a lawmaker who resigned, opposed Mr. Craddick's bid to be re-elected speaker and often voted with Democrats.

"The leadership didn't like it," he said. "They made it loud and clear and worked to get me to change those votes."

The district, which also includes southern Irving, has long been a swing district between the two parties but appears to be leaning more Democratic, as Mr. England won his two elections by small margins. But he said his change had nothing to do with demographic shifts or political opportunism.

"Switching parties is not going to change the way I vote," he said. "I saw the Democratic Party understands the diverse state we live in."


Party switching is a mix of opportunism and genuine sentiment. I think, though I can't claim with any certainty, that Rep. England will have a smoother path to re-election as a Democrat, given the trends in his district. I think he's going to have to work to win over some Democratic skeptics, who might otherwise want to oust him in a primary in favor of a "real" Democrat. I think, based on what I've been hearing from a lot of people, that he's sincere about his reasons for switching. And I think if he sticks with that message about why he switched, he'll do as well as he can. I'm not ready to say he'll win his next elections, in March and November. But I think he'll be in a good position to do so.

To me, the intriguing thing about this is the possibility that England is at the leading edge of a trend. That same story above also notes the switch back of Dallas County Judge John Creuzot. As Creuzot was a Democrat before he was a Republican, and given the Democratic sweep in Dallas County last year, one can easily see that as more opportunism than anything. But from a more crassly pragmatic perspective, it all looks the same in the box score. I've heard rumors already of a couple of Harris County judges, who would be up for re-election in 2010, that will run as Democrats. One presumes this is contingent on the Dems doing as well here next year as many people think they will, but you never know. A trickle can become a flood in a hurry. Professors R-Squared expand on that:


Party switching, much like the the fight over Craddick's Speakership and the reduction in the GOP's majority in the Texas House after 2006, should be of serious concern to our fellow Republicans regarding the long-term health and future of the Republican Party in Texas.

To underscore just how much of a concern that this should be to our Republican readers, we're going to go scholarly here:

1.) Significant party switching tends to be concentrated in periods of high ideological polarization (Nokken, 2005).

2.) The varying fortunes of the parties among voters can potentially induce individuals to switch parties (Aldrich and Bianco, 1992).

3.) Party switches tend to coincide with changes in important macro-political conditions such as times of military conflict, changing economic conditions, and changes in partisan control of key political institutions (King and Benjamin, 1986).

4.) A member's ideological position relative to the two parties also appears to influence the decision to switch parties. Ideologically cross-pressured members - those who lie to the moderate-to-liberal end of the distribution of Republicans may find that their preferences are incongruent with the members of their current party and actually lie closer to members of the other party and switch parties to take advantage of a better ideological fit (Castle and Fett, 1996).

5.) A party that attracts switchers without losing members to rival parties, obviously, increases its seat share, which in turn might make it more attractive to other potential switchers (Laver and Benoit, 2003).

The scholarly research in Political Science would strongly suggest that party switching (which have seen in Harris County and nationally) potentially signifies a serious downturn in the fortunes for the GOP in 2008 and beyond.


Obviously, England could be a one-off. If he loses in either the primary or the general next year, that would seem to be a major disincentive for other potential wannabee Dems. But if he wins, especially if he wins with a decent margin, well...Consider what happened a few years back, courtesy of Capitol Inside:

The trend of Democrats switching to the GOP got under way amid Ronald Reagan's success in the 1980s and continued in the 1990s with the growth of the Republican Party in Texas in the 1990s. After former House member Anita Hill of Dallas abandoned the Democrats in favor of the GOP in 1981, Ray Keller of Duncanville and George Pierce of San Antonio followed suit when they spurned the Democratic Party and became Republicans in 1983. The next House member to make the switch to the GOP was Charlie Evans, who became a Republican in 1987.

Perry had been elected to the House three times as a Democrat before jumping to the GOP in 1989 and winning the agricultural commissioner's race as a Republican the following year. A Democratic House colleague, Ric Williamson of Weatherford, joined the Republican Party in 1995 several years before Perry tapped him to be a transportation commissioner. State Rep. Delwin Jones served in the House for nine years as a Democrat before returning 16 years later as a Republican. Chisum was the last House member to jump ship to the GOP when he bid farewell to the Democrats ten years ago.


I don't think the GOP would have achieved anywhere near its level of dominance in Texas without enticing so many Democrats to jump ship. I think the Dems can win back the State House without Kirk England, but to get back to statewide competitiveness, they'll need a lot of people to look at what England did and say to themselves "I know what he's talking about". I have hope that this is happening. We'll see.

Posted by Charles Kuffner
DPS' quixotic fight against the Observer

Almost a year ago, the Texas Observer won a ruling in court against the Department of Public Safety that ordered DPS to turn over security camera footage from the second floor hallway behind the House chamber to see if GOP sugar daddy James Leininger was there lobbying for a school voucher bill. While that decision is currently under appeal (the Third Court of Appeals will hear it next month), you might like to know how DPS has been spending your tax dollars defending themselves. Here's the Observer to tell you.


On September 13, 2005, a lawyer at the prestigious firm of Akin Gump Strauss Hauer and Feld LLP devoted 20 minutes, apparently, to reading an article in The Texas Observer. We'd be flattered, were it not for the fact that you -- the taxpayers -- were billed $75 for the effort.

That's just one of the tidbits we've found so far in the billing records of attorneys retained by the state Department of Public Safety to fend off a request for public records filed by the Observer.

To date, taxpayers have ponied up about $166,000 in legal fees to bankroll DPS' absurd legal stalling action. Legal bills, like runes and entrails, can be a bit hard to read at times. So we're posting all of them here and inviting lawyers and non-lawyers alike to dive in. We trust you'll share your discoveries with us.

Also included are briefs and legal documents from the Observer's protracted battle with the state Department of Public Safety. After DPS rejected our request for information, Attorney General Greg Abbott's office instructed it to comply. DPS instead sued Abbott's office, in effect asking a state district judge to overrule the attorney general's interpretation of open records laws.


If you have some legal knowledge and a little time to kill, go help them out. You never know what you might find.

Posted by Charles Kuffner
September 21, 2007
Wading in

So let me welcome (or really, welcome back) Ed Wade to Houston as the Astros' new GM. My very fuzzy recollection of his tenure in Philadelphia was that he was reasonably solid, and did do a good job of finding young talent, which Lord knows the Stros desperately need, but was eventually done in by personality conflicts. Given Drayton McLane's history with GMs (*cough* *cough* Gerry Hunsicker *cough* *cough*), that perhaps doesn't bode so well for Wade, but that ain't my problem. Wade at least is unlikely to run into another Scott Rolen situation, where the best player on the team is being run out of town on a rail by the fans. How everyone reacts when he tells them that Brad Ausmus needs to go, that will be the test. Good luck to you, sir.

Posted by Charles Kuffner
Winning the write-in way

Normally, I wouldn't pay much attention to a primary for the Independence Party nomination for County Legislator in Poughkeepsie, New York, but in this particular case one of the principals in the story is my uncle. And even better, he made a little history in that race.


Dan Kuffner appears to have scored an upset in the Independence Party primary against Dutchess County Majority Leader Noreen Reilly, R-Hyde Park.

Kuffner, a Democrat, is challenging the Republican incumbent to represent District 7 in the county Legislature.

Kuffner, whose name was not on the ballot, was reported as receiving 17 write-in votes Tuesday by the county board of election in unofficial results. Reilly, whose name was on the ballot, received 11 lever pulls.

In tallying the votes Tuesday night the Journal erroneously reported Reilly the winner by a 20-17 vote. Reilly was reported as having received nine write-in votes.

But county election commissioners said Wednesday state election law does not permit the counting of write-in votes for candidates whose names are on the ballot.

It appears Kuffner accomplished what is very difficult: winning a primary as a write-in candidate against an opponent whose name was on the ballot.

"On the face of it, if looks like Dan Kuffner pulled off a stunning upset," county deputy Democratic elections commissioner Dan French said.

Kuffner said he campaigned hard to win the primary as a write-in candidate.

"I worked hard and I'm going to continue to work hard to let the people of the legislative District 7 have a true choice," he said.

But not so fast, said David Gamache, the county Republican elections commissioner.

Gamache said the posted outcome is suspect. Errors may have been made in counting the votes and calling in the results to the board of elections Tuesday night.

"To have someone's name on the ballot and to receive that many write-ins is highly unusual," Gamache said.

At 3 p.m. today the final outcome could be determined. That's when the county election commissioners plans to open all the Hyde Park voting machines and recount the votes.

"Tomorrow the machines and paper will tell the tale," Gamache said.

Reilly said she is awaiting that recount before commenting on the outcome.


I have since been informed by my dad that election officials have certified this result, so Uncle Dan is the winner of the Independence Party primary as a write-in. The thing to understand here is that in New York, you can run for an office with the nomination of more than one party. Uncle Dan already has the Democratic and Working Family Party nominations for County Legislator; this was strictly for the right to add the Independence Party to his ballot line. Winning it as a write-in is a nice little coup.

And to address Mr. Gamache's concerns, Uncle Dan could've gotten that many write-ins just on the strength of votes from relatives. Hell, if his extended non-Dutchess County family were allowed to cast a ballot, he'd already have enough support to win the November election. So congrats, Uncle Dan! Your fellow-Democrat-in-a-family-of-Republicans nephew salutes you.

Posted by Charles Kuffner
Rep. Delisi to retire

Say good-bye to another Texas Republican - State Rep. Dianne White Delisi will retire from the Lege after 16 years. No word if she plans to start performing weddings in her newly-acquired free time. As hers is a safe Republican district, the main action there will take place in the primary. If we're lucky, a non-Craddickite will emerge. Failing that, perhaps it will be someone who won't oppose needle exchange programs. Regardless, my best wishes to Rep. Delisi on her retirement. I join with your colleagues and constituents in thanking you for your service.

Posted by Charles Kuffner
Win now, rest later

I don't actually disagree with anything Joe Sheehan says here about the Yankees' sudden proximity to the Red Sox in the standings and how basically meaningless it is given their now almost assured spot in the playoffs as a wild card, but my evil little pinstripe-adorned heart can't help itself.


It's hard to close even a 2 ½-game gap on a good team with 12 days left in the season. Even if it was necessary to do so, it would be a difficult task. In this case, it's not; whatever benefits--home-field advantage, schedule choice, comfort--are gained by winning the division versus being the Wild Card aren't generous enough to warrant playing the last week and change as if it mattered. Look at how Terry Francona has managed his squad all month, in the knowledge that his team is going to October. He's been resting players all around the roster, diddling with his rotation, and trying experiments like "let's see how many batters Eric Gagne can walk in one inning."

It would behoove Joe Torre to start doing this as well. The Yankees are up five games in the loss column on the Tigers, with a magic number of seven for the wild card. If form holds through the weekend and the Yankees' magic number reaches three or so, Torre needs to worry less about seeding and more about making sure his aging team is ready to go on October 2. Alex Rodriguez has missed two games all year, and none since August 8. Robinson Cano hasn't missed a game since May 6. Jorge Posada has played his usual 130-odd games behind the plate; a couple of extra days off next week couldn't hurt. I can't quantify the effects of rest on a player's performance, but I can say that the cost of doing so--possibly ending up as the wild card versus winning the division--is essentially zero.

The difference between winning the division and advancing as the Wild Card doesn't mean a thing. It's all just playoff seeding, and if you're looking for some evidence--I mean, other than the 1996 NL West race or the 2001 NL Central race--let's go all the way back to...last October. The Tigers closed the season 19-31, blowing a huge lead over the Twins, and were swept...in the last series of the year--at home--by the Royals to lose the division title on the last day.

Not two weeks later, they were the AL pennant winners, and no one cared how they got there. There was no hangover, no leftover impact on the team for having blown a division title in such a ridiculous fashion, no repercussions. They simply started a new season that Tuesday, one in which their pitching staff was utterly dominant for a week. The Twins? They played exactly three more games, the bare minimum allowed by the rules. Which set of fans came away happier last year?


Yes, yes, yes, I know. Given how mortifying things looked in late May, the mere fact that I can confidently talk about the Yankees' all-but-assured playoff berth should be more than enough to exult in. But still. No matter what happens in October, being able to bask however ephemerally in the fear and loathing that would emanate from Red Sox Nation at having blown another 14 1/2 game lead to their hated rivals is pretty irresistible. I fully understand the strategic rationale for easing up and coasting, but that doesn't keep me from thinking "Damn the torpedoes, full speed ahead!"

(Does this count as weauxfing? I sure hope not.)

Posted by Charles Kuffner
Uri Geller bends copyright law with his mind!

As Kevin Drum says, this is yet another reason to hate the DMCA.


Those of us who grew up in the 1970s probably remember a popular psychic named Uri Geller, who was always on TV back then, bending spoons with his brain, correctly guessing the content of people's doodles and generally blowing the audience's mind. But who could have guessed that his powers would eventually warp free speech and copyright law in the 21st century?

Geller got rich insisting that his supernatural abilities were real, so a number of magicians and skeptics -- most notably James "The Amazing" Randi -- mounted a campaign to discredit the performer. Randi exposed Geller during numerous TV appearances, demonstrating that his mental feats were nothing more than trickery. These old clips, including a NOVA program called "Secrets of the Psychics," have recently begun appearing on YouTube and other video-sharing websites.

This has gotten the alleged psychic, well, all bent out of shape.

Over the last year, he and his business associate have successfully removed many of these clips from the Web by charging that they violate his copyrights. In the 13-minute NOVA program, Geller only claims ownership of eight seconds, yet that was enough for him to file a "takedown" demand with YouTube, using -- or abusing, depending on how you view it -- the Digital Millennium Copyright Act, or DMCA.

The DMCA protects sites like YouTube from copyright infringement claims if, and only if, they quickly comply with takedown requests from copyright holders. These sites have an itchy trigger finger when pressured, often not even asking for proof of ownership. The NOVA program most certainly isn't owned by Geller, nor has he provided proof that he controls the eight seconds in question. He just said that he did.

Using the DMCA, aggressive litigants like Geller and such copyright-hoarding companies as Viacom and Disney can simply make your work disappear if they do not like what you have to say, something that was much more difficult in the pre-digital world.


I know it's naive of me to even ask the question, but if we get a Democrat in the White House to go along with the presumed Democratic House and Senate, can we please fix this abomination? The DMCA happened on President Clinton's watch. Maybe the next President Clinton can atone for that sin. (Yeah, yeah, I know. I can dream, can't I?)

Posted by Charles Kuffner
How many innocent "guilty" people are there?

Blonde Justice explores a fascinating and dangerous question: What percentage of people who plead guilty to a crime in court really aren't guilty? She provides an example of how this can happen:


I had a case just last week, where my client told me that he "didn't do it," and came to court every month for months waiting for his trial. And I knew, no matter how it shook out, that we had a good shot at trial. And, worse case scenario, he was probably facing probation and some fines.

Recently, though, my client lost his job. Last week, he got hired for a new job. He told them that he could start the day after we had court. So, he asked me, "Can you just work out the best possible plea for me today? I won't be able to keep taking off work at my new job." I explained to him that he had consistently told me he was innocent, and that I thought we had a good shot at winning at trial, and that to plead guilty he'd have to "admit his guilt" to the judge.

And he told me, "I just can't afford to lose this job. I just need to get this over with." It was his fourth or fifth day spent in court.

I went to the prosecutor to work out a plea. And I said to him, "Look, I don't think my guy did it. But he wants to get this over with." I laid out the evidence I thought the prosecutor would have at trial, I laid out the evidence I would have, some of which I had been saving for trial. I think the prosecutor recognized that this was working out well, and offered my client just a fine, no time on probation.

So, he pleaded guilty, "admitted" his guilt.

It's kind of a weird thing, because of course I'm never allowed to lie to the court... but this is kind of a lie, right? I stood next to my client and let him lie and say he did it, after he told me twenty times he didn't do (and had kind of proven it to me).

I guess the cynic would say, "For all you know, he could have been lying when he said he didn't do it, and finally telling the truth when he was pleading guilty." But, really, then why doesn't the reverse work? If my client had told me twenty times he did it, and then I led him through testimony in which he finally claimed that he didn't do it, I would be suborning perjury.

But guilty pleas are what makes our judicial system efficient. So, I guess a little lying is allowed for that purpose only.


The comments contain various estimates by defense attorneys as to how many of their clients they thought were actually not guilty. Grits picks it up from there.

So the range of estimates among Blonde Justice commenters of the number of innocent defendants who confess or plea to crimes they don't commit ranged from 1-15%. (I'd be curious to hear the opinion of Alan Hirsch, who blogs at The Truth About False Confessions, on this subject.) Personally I might have guessed 1-2%, overall, and was surprised by the higher estimates. What do you think is the right number?

Statewide, roughly 3/4 of a million Texans - about one out of 20 adults - are in prison, on probation or on parole. So taking the low range of the estimates on Blonde Justice, if 1% of those folks didn't commit the crime, that would mean Texas currently has around 7,500 innocent people under control of the criminal justice system. If the figure really were as high as 10%, that would mean Texas had convicted 75,000 innocent people who are currently under state supervision! I hope that's a dramatic overestimate, but there's really no way to know.


Food for thought, no? Yes, I know, no system will ever be perfect, and mistakes will be made by human beings all the time. I'm bringing this up to emphasize that one, each one of these mistakes made by human beings directly and adversely impacts other human beings, and two, it's because of our imperfections and the costs they impose that we need to have a process that takes seriously the need to fix the problems we uncover. If it can happen to these thousands of Texans, it can happen to you or someone you know.

Posted by Charles Kuffner
September 20, 2007
Don't forget to vote in the DFT Senate Endorsement poll

Reprinted for your benefit.


DFT Announces Senate Endorsement Poll

John Cornyn has been on the wrong side of countless issues that are critical to Texans in general and DFT supporters in particular. Beyond that, well, he's just an embarrassment. But we're not telling you something you didn't already know, right?

Democracy for Texas has never endorsed a candidate for public office. But this race is too important to the future of our state and our country not to put all of our resources behind the candidate we feel best represents our "socially progressive, fiscally responsible" philosophy.

Two candidates - State Representative Rick Noriega and Mikal Watts - are running to be the Democratic nominee to oppose Cornyn. Which one should get DFT's support?

CLICK HERE TO VOTE

Both candidates submitted answers to a DFT Issues Questionnaire, linked below.

Rick Noriega's Issues Questionnaire Response

Mikal Watts's Issues Questionnaire Response

At last report, Noriega was winning handily, but that doesn't mean you shouldn't go vote for him if you haven't already done so. Only one vote per customer, please - as they taught us in grade school, winners never cheat, and cheaters never win. So if you have already voted but still want to do something, please consider making a donation instead. Thanks. Oh, and remember, voting ends on Saturday - that's tomorrow the 22nd - at midnight.
Posted by Charles Kuffner
Feds subpoena Buckham payroll records

Bad news for Tom DeLay.


A federal grand jury has subpoenaed payroll records from the House for Ed Buckham, former chief of staff to ex-House Majority Leader Tom DeLay (R-Texas).

The subpoena, issued by a grand jury in Washington, D.C., is the first formal notification that Buckham is the focus of a federal corruption probe by the Justice Department. The subpoena was sent to Daniel Beard, chief administrative officer for the House, and formally read into the Congressional Record this afternoon, although Buckham was not mentioned in the official notification.

Buckham served as DeLay's chief of staff before leaving to become a lobbyist. He had extensive dealings with now imprisoned GOP lobbyist Jack Abramoff, and a former buiness associate Tony Rudy - also a former DeLay aide - has already pleaded guilty to accepting payments from Abramoff's clients while working for DeLay. The gifts, including payments to Rudy's wife, were in exchange for helping Abramoff and his clients with legislative matters, according to Rudy's plea agreement with DOJ.

Rudy also pleaded guilty to violating the one-year ban for former senior aides to approach their former bosses as lobbyists. It is unclear if the Justice Department is pursuing the same allegation against Buckham. Neil Volz, ex-chief of staff to imprisoned former Rep. Bob Ney (R-Ohio), pleaded guilty to same charge as well.

Buckham, an ordained minister, remained very close to DeLay after he left the Texas Republican's staff, advising DeLay on numerous political and legislative matters.


Is the line that's being drawn here straight enough for you? Good. Juanita has more.

Posted by Charles Kuffner
An HISD threefer

So much HISD news, so little time...

HISD shorted out of tax revenue, state says


The Harris County Appraisal District undervalued commercial and apartment property in 2005 and 2006, shorting the Houston Independent School District millions of dollars in tax revenue, the Texas Comptroller's Office said this week.

Based on the comptroller's methodology, Harris County Tax Assessor-Collector Paul Bettencourt calculated that HISD and other local governments lost out on as much as $400 million in tax revenues.

Bettencourt and HCAD officials disagree with the comptroller's findings.

[...]

The comptroller's office will begin a performance review of HCAD next month because it has under-assessed HISD's property two straight years. The appraisal district's method of assessing property in all school districts in the county will be audited.

The comptroller's office is expected to recommend steps HCAD should take to comply with the state's method of assessing property.

If HCAD fails to implement the recommendations within a year, the comptroller's office can ask the county's state district judges to appoint a special master to run the appraisal district.


Two points to make here: One is that property tax reduction is essentially a matter of religious faith for Paul Bettencourt - he's one of the leading proponents in Texas of appraisal caps. It's very difficult to read a story like this and not view it through that prism. He may be following the letter of the law, and yet somehow they always err in favor of the property owner. One can believe this is coincidental. One can also note that this serves his political ambitions quite nicely; the fact that HISD gets screwed in the process would have to be considered gravy. Bear in mind that some of the revenue school districts lose in this fashion is made up by residential property tax revenues. More money coming from commercial real estate means less would be needed from homeowners.

Point two is that Bettencourt and HCAD are hardly alone in undervaluing commercial (and high-end residential) properties. Which is why folks like State Rep. Mike Villarreal have submitted legislation in recent sessions to require sales price disclosures, which would make the real value of these properties more apparent to tax assessors. Governor Perry's task force on property tax reform merely wanted this to be voluntary. You can imagine how effective that would be. I'm thinking sort of like voluntary pollution controls.

HISD bond plan won't require tax hike, Saavedra says


Houston school district leaders said today that higher-than-expected property values mean they won't need a tax rate increase to foot the bill for the $805 million bond package that they're asking voters to approve Nov. 6.

According to figures HISD leaders received this week, property values are expected to exceed $95 billion, about $5 billion more than anticipated.

"This is really extraordinary," Superintendent Abelardo Saavedra said. "We will not even ask for one penny, not even half a penny. Zero is what we'll ask for."

The district originally had planned to increase the tax rate by 3 cents over the next two years if voters approved the bond issue, which includes plans to build 24 campuses and renovate 134 others.


I rather doubt that will make the anti-bond folks happy, but it's something. In tandem with story #1, one has to wonder - how much of that unexpected extra revenue is coming from commercial properties, and how much from residential? It would be nice to know.

And speaking of the bond...

HISD chief admits error with bond strategy


Houston school Superintendent Abelardo Saavedra admitted Wednesday that he should have sought community input on the district's $805 million bond proposal before asking trustees to place it on the Nov. 6 ballot.

"We all learn from our experiences," he said. "Most likely, in hindsight, we probably would have gone out to the community ahead of time and identified those issues that we might have anticipated might have drawn opposition, and tried to work those issues out first."


I believe the proper response here is "No $#!+, Sherlock!"

But he added that second-guessing his strategies won't help repair aging school buildings. If approved, the bond package would build 24 schools and renovate 134 others.

"If we're going to be successful and provide what's best for children, at this point, we can't do Monday morning quarterbacking," Saavedra said.


And if you fail, and thus can't try again for another five years, I'd say there will be plenty of Monday morning quarterbacking to be done. Being successful will be your only defense, I'd say. Miya has more.

Posted by Charles Kuffner
The progressive blogosphere cares about the Jena 6

But why aren't we writing about them? I had a post almost ready to go about this post by Chris Kromm on Facing South that says the progressive blogosphere has been silent about the Jena 6 and why that might be, but Pam at Pandagon beat me to that. She put forth a couple viable reasons and her post is worth a read. Chris ends his post at FS with an interesting point:

However, many of these blogs are eagerly pointing to news stories which suggest the Republican candidates don't care about black issues.

But who is showing they're out of touch with the issues that matter most to the African American community?

Are blogs out of touch with the African-American community? I remember a couple months ago when we were hit with a slew of posts about the white male domination of the internet, and I'm sure that contributes to at least the perception that bloggers don't care as much about African-American issues. I can't imagine why progressive blogs wouldn't cover the Jena 6 though, because this is such a blatant display of racism - which is why Feministing proposes the MSM didn't even know where to begin with the issue. Maybe we're all a little embarrassed that things like this are still happening. I definitely am. I thought it was interesting that Pandagon and Feministing, two of my favorite female-run blogs, wrote about the Jena 6 quite a bit. Pam posted a statement by Joe Solmonese of the Human Rights Campaign in which he emphasizes that if some of us are left out, we all are, which I think is why feminists care about race issues and GLBT activists care about race issues and so on. I re-posted his statement after the jump.

My name is Joe Solmonese and I represent the largest gay, lesbian, bisexual and transgender organization in the country. Am I am here -- we are all here from the Human Rights Campaign -- because this injustice cannot stand.

We are here because we know about bigotry. We know about hate. We know the pain in high school of standing apart. Of being taunted. Of standing up, only too often, to be shut down.

I am here -- we are here -- because you have stood with us. Because all of us know that one injustice against any of us is an injustice against all of us.

And I am here because I remember. I remember James Byrd. James was a gentle soul, a special soul. Someone who struggled his whole life with challenges, but was filled with love and was deeply loved in Jasper, Texas.

But James Byrd -- at 49 -- was savagely beaten, then chained to a pickup truck and literally dragged to his death. He was brutally murdered because he was black.

And then something really profound happened. Remember when George Bush was governor of Texas? Well, Governor Bush had a hate crimes bill on his desk. There was a lot of pressure to sign the bill because of what they did to James Byrd. So, George Bush said he'd sign that bill, but they had to take the gays out.

And here's what happened. Stella Byrd, who has just buried her beaten, broken, gentle James said, If some of us are left out, then all of us are. Valuing one life and not valuing another is not right. And the Byrd family said No. They said No. And they walked away.

So, I stand here today with solidarity. I stand here for social justice. I stand here to free those young men. To say this will not stand. It cannot stand. I stand here for the Jena 6. I stand here today for James Byrd.

We will not forget. We will never walk away.

Thank you very much.

Airport concessions contract extended

In the end, the contract was extended without an open bid process. But it appears that may never happen again.


Even as he pushed through a controversial contract extension for an airport concessionaire, Mayor Bill White told City Council on Wednesday that he would not do it again.

"One thing I've learned from this experience is to go with my instinct," said White, who said he initially wanted to rebid the contract rather than extend it by eight years. The contract, for the management of food courts at Bush Intercontinental Airport's Terminal C, expires next June.

At the request of council members, the White administration negotiated the extension with the current concession holder, Jason Yoo, a local businessman and political donor.

The deal requires Yoo's company, JDDA Concession Management, to spend $10.5 million to renovate the food courts and to partner with a more experienced food service company.


Here's a press release from CM Noriega (PDF) on the new deal. It notes that there are a variety of "accountability provisions" to which JDDA has agreed, the last one of which is "Right to terminate based on change in ownership, or if concessionaire in default, (Default shall occur if Concessionaire fails to observe or perform any of its duties under this contract or if become insolvent - 30 days to cure.)" At the very least, it sounds like the city will have a stick to wield if things don't improve as promised.

Councilwomen Anne Clutterbuck and Sue Lovell voted against the extension.

Clutterbuck had criticized the process, saying competitive bidding on a new contract is necessary as a matter of good governance.

"It's the only way we'll know if we got the best deal for taxpayers and the traveling public," Clutterbuck said.

The management contract at Terminal C has not been competitively bid since 1990, and city officials have acknowledged that the food service there needs improvement.

But White and other council members said the extension will allow renovations of the worn-out food facilities to begin sooner, when compared to a lengthy bid process.

"I want the construction to begin," Councilwoman Addie Wiseman said.

"I don't want our travelers to have to brown bag it any longer."


I think CM Clutterbuck made a very good argument for there being an open bid on this contract instead of a pro forma extension. It would seem, based on Mayor White's statement, that while she may have lost the battle, she won the war. I'd say CM Wiseman has the most compelling counterargument for getting this done now instead of going through the bid process. I don't think either side is unreasonable.

The mayor said council members would receive quarterly reports about the Terminal C food concessions, to make sure the contractor and subcontractors perform their contractual obligations.

Those duties include finishing all phases of construction by 2010, serving food at prices "equal" to prices at comparable off-airport locations, providing change to travelers even if they do not make a purchase, and ensuring "first class service and products in a clean, attractive and pleasant atmosphere."


We'll know by then if this was a wise decision or not. The evidence will be apparent to all one way or the other.

Posted by Charles Kuffner
Interview with Manisha Mehta

Breaking out of my Monday/Wednesday pattern, as I have a lot of interviews lined up and don't want to fall behind, today I bring you a conversation with Manisha Mehta, who is running in District E. She is a Clear Lake-area resident who runs an insurance and financial planning company, and would be the first Indo-American member of Council if she wins. The MP3 file for the interview is here, and the Kuff's World link is here.

PREVIOUS INTERVIEWS:

Zaf Tahir - At Large #5 - MP3
Joe Trevino - At Large #5 - MP3
Lawrence Allen - District D - MP3
John Marron - District I - MP3

Posted by Charles Kuffner
Why recorded interviews?

In the comments to my John Marron interview post, Burt Levine says "I wish you wrote these so that people could read them." I can certainly understand that sentiment, and Burt is not the first person to express it, so let me briefly explain why I'm doing these recorded interviews instead of written ones.

The only way I could do written interviews is by email. I'm not confident in my note-taking abilities for anything as in-depth as this, and recording then transcribing is way, way, way, too time-consuming for me. I've done interviews by email before and will do some again; they do serve a good purpose, especially when the candidate and I are not in the same city. The main reason why I prefer doing these recorded interviews instead is simply that it's much easier to get candidates to do them, because I can schedule an appointment with them that gets put on their calendar. That also allows me to publish them on a predictable schedule, which simplifies my life. By contrast, when you send an email, you never know when (or even if) you'll get a response. I've had candidates respond within 24 hours, and candidates take weeks to send answers. I can't blame them - who has time for that? - so I try to accomodate them instead, and this accomplishes that objective.

There are other factors as well - it's easier to ask followup questions in person, you never know if it's the candidate or a staffer responding to the email, there's no question about misquoting, etc etc etc. If I had the resources, I'd include transcriptions of these interviews - I know how useful that would be. But I don't, and unless you're volunteering to help with that, I'm unlikely ever to have them. All things considered, I think this is the best solution. I hope you'll agree.

Posted by Charles Kuffner
Saint Arnold's location search update

I managed to miss this Q&A with Brock Wagner, the head honcho at the Saint Arnold brewery, but thankfully PDiddie was on the case. You may recall that at last report, the venerable (and fast-growing) brewery was seeking new digs. How's that going?


Q: How's your search coming along?

A: We're on a beer budget, and Houston real estate has run up so high that it's very difficult for us to really be able to justify a lot of the prices. My first choice would be to find an existing building that we could move into that's in a good area.

But with our rapid growth, suddenly it's economic for us to potentially build. I'm still looking at one building north of downtown that would be a home run if it works.

It's an old building. It's functionally less than perfect, but location-wise it would be great.

If we can pull it off, it would be great, but I'm very concerned it could be a white elephant. No business wants a money pit.


We're all rooting for you, dude. Take all the time you need to get it right.

Posted by Charles Kuffner
Twenty-five years of smileys

So I'm reading this story about the origin of the smiley - you know, :-) - which was first suggested as a way to compensate for the fact that you don't get cues like tone of voice and facial expressions in written communications like email, and I see that even a quarter century later, that can still be a wide gulf to bridge.


Amy Weinberg, a University of Maryland linguist and computer scientist, said emoticons such as the smiley were "definitely creeping into the way, both in business and academia, people communicate."

"In terms of things that language processing does, you have to take them into account," she said. "If you're doing almost anything ... and you have a sentence that says 'I love my boss' and then there's a smiley face, you better not take that seriously."


Um, well, actually, you ought to judge it from the context rather than jump to a conclusion. As Sigmund Freud once said, sometimes a smiley is just a smile. Now if you'd punctuated that sentence with :-P, then the meaning would be more clear. But as with so many other things, the meaning of the smiley has adapted and gained nuance over time, and sometimes it just means "I'm happy". :-) See?

Posted by Charles Kuffner
Fly the WiFi-enabled skies

Surf while you fly. You know you'll want to.


Alaska Airlines said Tuesday it will be the first U.S. carrier to test a satellite-based in-flight wireless Internet service next year and may equip its entire fleet.

There have been several moves across the industry to offer passengers Internet access while they're traveling.

Seattle-based Alaska plans to install Westlake Village, Calif.-based Row 44 Inc.'s broadband service on one Boeing 737 jet next spring.

Row 44's system is designed to work over water and across international borders. Alaska Airlines said the service is intended to work on all its routes, which include flights within the lower 48 states and to Alaska, Hawaii, Canada and Mexico.

If it works, Alaska may add the service to all 114 of its aircraft.

Customers with Wi-Fi-enabled devices, such as laptops or smart phones, will connect to the system through wireless hotspots in the aircraft cabin. A dome-shaped device mounted on top of the plane will house the antenna that receives and transmits satellite signals.

Alaska Airlines, the nation's ninth-largest carrier, is researching various pricing options, spokeswoman Amanda Tobin Bielawski said.

AMR Corp.'s American Airlines announced last month that it would test a high-speed air-to-ground Internet service on some of its Boeing 767 jets. For that system, AirCell LLC said it would build cellular towers throughout the continental United States to transmit the broadband signals.

AirCell said American will charge a fee, and that details on pricing would not be announced until the service is ready to roll out.


Cool. I'm going to guess that eventually this service will become free, at least for people with sufficient frequent flyer miles. I say this because I think sooner or later some airline will attempt to undercut its opposition by offering this for free, thus making them cheaper without having to cut fares. In the meantime, though, I figure there'll be plenty of demand for this. Next question: What's the over/under on how long before someone complains about a seatmate browsing naughty sites?

Posted by Charles Kuffner
September 19, 2007
Of bonds and taxes

I have three things to say about this story concerning the various bonds proposals that will be on the ballot this fall.

1. Boy, the anti position sure was well-represented, wasn't it? From Bruce Hotze to Greg Meyers to Paul Bettencourt to that poor schlub in Cy-Fair who's suffering from "tax fatigue" (whatever that is), they were out in force. Representing the other side of the issue was...well, no one, actually. Those of you who consider yourselves aficionados of "media bias", file that one away.

2. Speaking of Bettencourt, he's right about this, though from a perspective with which I disagree:


"The tax relief from school finance reform never amounted to the $2,000 per homeowner that the governor talked about," Bettencourt said. "With bond packages and increases in property values, all the relief will be gone in two years."

The whole idea was a sham, and it was built on a house of cards. The tax shift that resulted from last year's special session was only possible because of a budget surplus from the last biennium, and an insistence on siphoning money away from other priorities in this biennium. The new business tax doesn't come close to funding the property tax reductions that were promised. It's a near-sure bet that these shell games will have to come to an end in 2009.

3. While the main focus of the 2006 special session was on property tax reduction (to call it "school finance reform" is highly misleading), there were some non-financial items taken up. This was one of them:


Voting on school bonds in conjunction with state, county and other local issues will be a new experience for many voters because of a new state law that requires districts to hold elections during general elections if trustees are being chosen. Previously, many school districts held stand-alone elections in the spring.

"This is the first time our voters will experience a bond election coupled with a general election," Cy-Fair Assistant Superintendent Kelli Durham said. "There may be several other bond elections on the ballot. However, ours is clearly for new schools, renovations and technology. We think it will stand out as an item they need to respond to."


The cynical view of this is that the change was deliberate, with the purpose of making bond elections more partisan. The question is whether that will make bond proposals tougher to pass. We'll see about that.

Posted by Charles Kuffner
State Rep. Kirk England switches to Democratic Party

Wow.


State Rep. Kirk England, R-Grand Prairie, has scheduled a news conference at 10 a.m. Thursday to announce he's switching to the Democratic Party.

"In December of 2005, when I filed to run for office, I made a promise to the hardworking families in our community to fight for our public schools, fight for affordable health care and to fight for them on pocketbook issues," Mr. England said in a statement. "After one session in the House, I found that the Republican leadership in Austin had no tolerance for the values and priorities of the folks I represent. That is why... I will announce my intention to seek reelection to the Texas House as a Democrat."

By late Wednesday afternoon, Democrats were already welcoming him to the party.

"Kirk will bring a different perspective," said State Sen. Royce West, D-Dallas. "He's not just jumping off a sinking ship. He's trying to represent the views of his district."

The news of Mr. England's departure stunned Republican leaders.

Dallas County Republican Party Chairman Kenn George said Wednesday that Mr. England's move caught him by surprise.

"I hadn't heard about it at all," he said. "Needless to say, I'm disappointed."


As the story notes, the Dallas Dems are also welcoming back a onetime D-to-R switcher, a Criminal Court Judge. Way to go, Dallas Dems!

This brings the Democrats one step closer to a majority in the State House, even before the 2008 elections. Note that this is not the same as being one vote closer to ousting Tom Craddick, since England was already in the anti-Craddick camp. But it's still a step in the right direction.

This assumes that England will be able to hold the seat. The Lone Star Project looks at the trends in England's HD106 and suggests that while he was a good enough politician to win either way, the district was definitely going blue. I know he was going to be a top target as a Republican after his extremely close loss to Katy Hubener last November. If nothing else, now he'll be a top target of the GOP.

Assuming as well that he's the Democratic nominee:


Ms. Hubener, a real estate agent who had planned to make another run for the seat, said she was considering her options in light of Mr. England's switch. She now must be prepared to wage two campaigns -- a primary race against Mr. England in March and a general election in November 2008.

Dallas County Democratic chairwoman Darlene Ewing said Mr. England's move to the party was a positive. But she said that many grass roots party activists would not support Mr. England if Ms. Hubener decided on another run.

Though the party remains neutral in primary elections, Ms. Ewing said she personally backs Ms. Hubener.

"If Katy runs, I'm sticking with her," Ms. Ewing said. "He's going to have trouble beating her in the primary. The grass roots Democrats are going to back Hubener."


I said it before in the case of Wendy Davis in Tarrant County, and I'll say it again: We Democrats are never going to be a majority in this state unless we convert a few Republicans as we go. The best way to demonstrate that it's okay to change sides and that you'll feel welcome once you do is to have a few of those converts make the case for switching by running on the Democratic ticket. While I respect Ms. Hubener and certainly won't tell her not to run, I hope that the grassroots Democrats in HD106 will listen to what England has to say for himself about why he's switching and how he'd represent them as a Democrat, and make up their own minds.

In the meantime, I say "Welcome to the Democratic Party, Kirk England". May there be many more like you in the coming days. BOR, who appears to have been out in front with this, has more.

UPDATE: Boadicea offers a welcome and some "unsolicited advice".

Posted by Charles Kuffner
Traffic congestion increases. Film at 11.

Yes, your commute is getting worse. No, this isn't a surprise.


The latest Urban Mobility Report by the Texas Transportation Institute at Texas A&M University says Houston drivers averaged 56 hours of delay due to freeway traffic jams in 2005, seventh highest in the nation. In 2004, Houston's delay lasted 51 hours, ranking eighth.

Topping the list was Los Angeles, where delays averaged 72 hours a year, followed by San Francisco, Washington and Atlanta, all at 60 hours, then Dallas-Fort Worth (58 hours) and San Diego (57).

"As long as the economy is good, congestion tends to increase," said TTI's Tim Lomax, who wrote the report with fellow researcher David Schrank. "More subdivisions, offices and plants get built, and transportation always lags somewhat," Lomax said.

Mayor Bill White found bright spots in the study. He noted that Houston ranked fourth in the effectiveness of improvements to get more out of its road capacity, such as ramp metering to control freeway access and incident management to get stalls and wrecks cleared rapidly.

The Safe Clear towing program reduce freeway accidents 10 percent in each of its first two years, he said.

White also noted that although the number of miles traveled on freeways and arterial streets have both doubled here since 1985, the area's "travel time index" -- the ratio of travel time at peak traffic hours compared to when freeways are free-flowing -- rose only 10 percent.


Honestly, things are better in some ways than they were back when I arrived in 1988, and worse in some ways. The freeways are generally better, especially 59, and now 610. I-10, for all of its massive cost overruns and questionable design, is on its way to being better. 45 north of the Beltway is better. 290 is a whole lot worse, but that's next to be addressed.

On the other hand, roads inside town are worse, and there's not much that can be easily done to make them better. Even without the construction projects, Kirby is a nightmare. East-west arterials like Bissonnet, Richmond, and Westheimer are terrible. Transit will help in some cases, hopefully more as we proceed, but that's more about reducing frustration and making the time you spend on a bus or a train potentially useful - you can do things like read or check your BlackBerry when you're not behind the wheel, for example. Beyond that, construction takes you only so far. Lifestyle changes, ones that require less distance and fewer trips to do the things you do now, are the next step. Obviously, that's not an option for everybody, but at some point (say, $5/gallon gas, or perhaps $5/day in tolls) they may get foisted on quite a few people.

Anyway. You can find the report and ancillary documents here. Houtopia has more.

Posted by Charles Kuffner
Interview with John Marron

Next up in the City Council interview series is John Marron, who is running in District I. Marron is retired from AT&T after 30 years and is now a legislative aide to State Rep. Alma Allen; he has also been very active in labor, as a representative and organizer for the American Federation of State, County and Municipal Employees (AFSCME) and a member of the Communication Workers of America (CWA). My interview with him is here, and the Kuff's World post is here.

PREVIOUS INTERVIEWS:

Zaf Tahir - At Large #5 - MP3
Joe Trevino - At Large #5 - MP3
Lawrence Allen - District D - MP3

Posted by Charles Kuffner
Democracy For Texas announces Senate endorsement poll

Action alert time.


DFT Announces Senate Endorsement Poll

John Cornyn has been on the wrong side of countless issues that are critical to Texans in general and DFT supporters in particular. Beyond that, well, he's just an embarrassment. But we're not telling you something you didn't already know, right?

Democracy for Texas has never endorsed a candidate for public office. But this race is too important to the future of our state and our country not to put all of our resources behind the candidate we feel best represents our "socially progressive, fiscally responsible" philosophy.

Two candidates - State Representative Rick Noriega and Mikal Watts - are running to be the Democratic nominee to oppose Cornyn. Which one should get DFT's support?

CLICK HERE TO VOTE

Both candidates submitted answers to a DFT Issues Questionnaire, linked below.

Rick Noriega's Issues Questionnaire Response

Mikal Watts's Issues Questionnaire Response


I think you know who I voted for and who I hope you will vote for. But even if I'd had the tiniest sliver of doubt, it would have been erased by the answer to the penultimate question:

What blogs do you read on a regular basis?

The way I read blogs, is that my wife and I usually read off our lap top or will read the computer on the kitchen table and it's tuned to Off the Kuff. Then we go to our favorite local, state, and federal sites. I mostly read state blogs because of their reporting dealing with the legislative session and Legislature. The same is true of my wife, Melissa, and her attention to city government.


What can I say? Among his many other fine qualities, Rick Noriega just has good taste. Now please go vote while you can. I'm not sure when the deadline is, so let's just say the sooner the better. Thanks.

UPDATE: Having now voted, I can tell you that the poll closes Saturday Sept. 22 at midnight CST. So don't delay, vote now.

Posted by Charles Kuffner
Bradford makes his announcement

I had the opportunity to attend C.O. Bradford's announcement event for his campaign to be Harris County District Attorney last night. I've said before you can't know how a person will perform as a candidate until you see that person be a candidate. Having now done so for Bradford, I can say my first impression was a positive one. He's a good speaker, which ought to be an asset for him, and the crowd responded well to what he said. I also thought what he said was very good. I've got a copy of his prepared remarks beneath the fold, which I recommend you read. I'd like to highlight one piece of it:


The jurisprudence process is one that involves human beings and science; neither is perfect. Therefore, we try hard to make things go right. But when things go wrong, and we discover that mistakes have been made, the District Attorney must lead the way to ensure that justice is served and prevent irreparable harm, when possible. And this may include a decision to step back and have an independent examination of the evidence.

Serious questions have been raised regarding the Crime Lab and the District Attorney's office handling of evidence in some cases. Because of the breach of evidentiary integrity, the District Attorney must support and permit outside and independent reviews.

We must have a Crime Lab that is truly independent. We must have a Crime Lab that is independent of the police department, and that is independent of the District Attorney's Office. We must have a Crime Lab where professional scientists are allowed to do their jobs and the evidence speaks for itself.

Evidence doesn't belong to the police, evidence doesn't belong to the defense, evidence doesn't belong to the District Attorney. Evidence belongs to no one, but means everything to everyone, and so it must be cared for by everyone. And without the proper examination and presentation of evidence, a system of keeping track of how many cases are won and pled takes the place of the TRUTH.


You may recall that I suggested Bradford echo Michael Bromwich's call for a special master in the matter of the ongoing HPD Crime Lab investigation. While he didn't say that explicitly, I think it's pretty clear that's the direction he's going. I figure we'll hear a lot more about this as we proceed. This is going to be a heck of a campaign. Read what Bradford had to say last night, and then buckle up for the ride. Isiah Carey has more, with pictures.

Thank you for joining me today, as I announce my candidacy to be the next District Attorney of Harris County, Texas. Looking across this crowd, I understand that you long, as I do, for a positive change in Harris County, a change that will bring back Integrity, Strength, and Fairness to the District Attorney's Office.

Now, I know that this campaign won't be easy. This race will generate some fireworks along the way. But I've been on hostile grounds before. And I know that this is a major task.

However, before I undertake any major task, I do two things: I consult with my wife, Dee, and I pray and seek guidance from God.

And I am happy to report to you that Dee is fully supportive and excited about winning this race! And God takes care of his children; he makes no mistakes. He will not lead me into anything that he will not see me through!

Just as he led me here to Houston almost 30 years ago from a small Louisiana town, where on a small farm, I grew up with six boys and six girls in my family. That's right, there were twelve Bradford children under one roof. And as you can imagine, one of the first lessons that I learned was to share. From sharing the bed with two younger brothers to the chores and hard labor on my father's farm, I learned all about sharing. But I learned a lot more. It was on that small farm in Louisiana nestled on the border with the state of Mississippi that I learned the largest lessons in life, from a farmer who had only a grade school education, my father. He taught me to live my life with integrity, strength, and fairness. And I have.

I have dedicated my life and career to those three words, Integrity, Strength, and Fairness. For 24 years I lived those words while wearing the uniform of a Houston Police Officer and as Chief of Police. In my 24 years as an officer including 7 years as Chief, I have seen first hand how the citizens of this county depend upon the brave men and women in police uniforms to protect their communities.

While protecting this community from destructive criminals has been my life's work, so has leading the community to believe that it need not fear crime, as long as there is a strong, but fair justice system. I did it by building bridges between the police department and the community, making sure that the police assist the people of Houston in bringing those who commit crimes to justice, while also providing the tools for those communities to prevent crimes.

It was not an easy task, but as a result, during my tenure as Police Chief, the citizens' fear of crime and public safety concerns went from a high of 59% in 1996, constantly downward, to only 10% in 2003 when I left office. But, that bridge while strong between the citizens and the police, ended up being a bridge to nowhere. Without a District Attorney willing to understand and meet Harris County's needs, justice has become just another casualty of the battle against crime.

Harris County needs a District Attorney who can build a bridge where Integrity, Strength, and Fairness are the struts, ties, and beams supporting the needs of its citizens. It needs a District Attorney who understands that the office he holds serves the people not his own political survival. It needs a District Attorney who appreciates the changing and diverse ideas of today's Harris County, not someone clinging to antiquated notions and practices. Harris County needs a District Attorney who understands that Public Safety is a community responsibility not someone who doles out justice at his sole discretion. And I am the person to bring about that change.

Eighteen years ago I made a change. When working full-time as a young police officer, I decided to go to law school at the University of Houston. And my skills as an attorney and police officer will help insure that Harris County aggressively prosecutes violent criminals and repeat offenders. However, arrest, prosecution, and confinement are not enough!

In recent years, we have seen more and more citizens distrust components of our justice system. And now, we have a crime problem in Harris County. It is a problem we have seen tragically come to light in other places around our nation; in the barrios of Los Angeles, in the projects in inner-city Chicago, on the playgrounds of Newark, and in the suburbs of Houston, crime is on the rise, and Harris County needs not to be another tragic news story or faceless statistic. Harris County needs a new face, but not just mine, it needs the faces of all its citizens.

Public safety is a community responsibility, and citizens should be involved in all aspects of government. In addition to competent prosecution of criminal cases, I will have Harris County's prosecutors pursue greater collaborations with other justice agencies, the private sector, as well as citizens themselves. So that prosecution does not become the work of one man, but the work of the community; a community that will help the District Attorney's office to broaden its mission to include preventing and reducing crime.

To do that prosecutors must understand the needs of the people that they serve and go out into the community. They must lend their expertise to problem-solving collaborations to reduce and prevent crime by having a presence in the community. This way the goal becomes eliminating or at least managing the problem rather than just prosecuting cases. All of this will add much needed credibility and legitimacy that builds trust in the justice system.

In addition to prosecutors going out into the community, the prosecutors need their citizens to come to them. We can do this through a variety of ways through volunteers and paid staff. I will include neighborhood adult volunteers to hear cases diverted from juvenile court and set up contracts with offenders and their families which have provisions for restitution, community service, counseling, and other activities. And if those young offenders don't take advantage of the second chances offered to them by Harris County's volunteers, then those offenders will face the consequences of a less sympathetic court.

It is only through a strong connection between the citizens of Harris County and its prosecutors, can Harris County build a system that gets away from the stubborn seclusion of a broken office, to a justice system for all that has Integrity, Strength, and Fairness.

And Fairness is something that the District Attorney's Office sorely needs. Gone will be the days when winning comes at the cost of justice. Gone will be the days when prosecutors conduct trials by ambush. Instead, evidence against defendants, under my watch, will be presented in an open, straight-forward manner. There will be a policy of allowing all parties to have ample access to evidence to insure that no one uses the power of their office to deny any citizen a fair trial.

But without Integrity, fairness becomes a lost dream. The jurisprudence process is one that involves human beings and science; neither is perfect. Therefore, we try hard to make things go right. But when things go wrong, and we discover that mistakes have been made, the District Attorney must lead the way to ensure that justice is served and prevent irreparable harm, when possible. And this may include a decision to step back and have an independent examination of the evidence.

Serious questions have been raised regarding the Crime Lab and the District Attorney's office handling of evidence in some cases. Because of the breach of evidentiary integrity, the District Attorney must support and permit outside and independent reviews.

We must have a Crime Lab that is truly independent. We must have a Crime Lab that is independent of the police department, and that is independent of the District Attorney's Office. We must have a Crime Lab where professional scientists are allowed to do their jobs and the evidence speaks for itself.

Evidence doesn't belong to the police, evidence doesn't belong to the defense, evidence doesn't belong to the District Attorney. Evidence belongs to no one, but means everything to everyone, and so it must be cared for by everyone. And without the proper examination and presentation of evidence, a system of keeping track of how many cases are won and pled takes the place of the TRUTH.

It's that pursuit of truth, unfettered by gamesmanship and political aspirations, that forms the backbone of our Republic and its singular vision of justice. Elect me your District Attorney, and I commit to pursue the truth.

I have a proven record of strength and experience in making neighborhoods safer. Elect me and I will be a part of your neighborhood from the lower parts of 45 and 59 to the farther reaches of 290, 288 and I-10. I will be your District Attorney. And while acting as your District Attorney, I will always remember the words of the late Dr. Martin Luther King, Jr:

"Injustice anywhere is a threat to justice everywhere."

This County needs justice,

This County needs a change,

This County needs what I learned from the sage advice of a poor farmer in Louisiana,

This County needs INTEGRITY, STRENGTH and FAIRNESS.

And I am asking for your support to elect me, C. O. "Brad" Bradford, as District Attorney for Harris County to make all that happen. Thank you, thank you, now let's take this campaign to the neighborhoods!!!

Posted by Charles Kuffner
Patrick v Van Arsdale

This has the potential to be popcorn-worthy.


Republican Sen. Dan Patrick says criticism he has leveled against one of the House members from his district is based on the Republican's votes, but it also appears to have an element of payback from the 2006 elections.

Patrick, R-Houston, recently sent his campaign precinct chairs an e-mail that fell just short of endorsing Patrick business partner Michael Kubosh in a re-election challenge to state Rep. Corbin Van Arsdale, R-Tomball. Patrick did not name Van Arsdale in the e-mail, but accused him of doing the "Austin shuffle."

Van Arsdale in the 2006 primary had endorsed one of Patrick's primary opponents and sent out an e-mail questioning Patrick's residency and honesty.

Patrick, a talk show host on KSEV radio, said he is ignoring the last campaign in his complaints about Van Arsdale.

"He (Van Arsdale) was the only one who came out and, you might say, campaigned in a negative way," Patrick said. "I could care less about that. My focus is on the issues and only the issues."


Remember, this is the same Dan Patrick who sent out a mailer calling Rep. Fred Hill a snake not too long ago. You might say he knows a thing or to about negative campaiging himself.

Patrick said he won his Senate seat last year with 80 percent of the vote in some portions of his district. He said that means he expects the House members in his district to vote the way he does in representing their constituents.

"It's clear that Mr. Van Arsdale has not voted in line with his district, and he has surely not voted in line with me," Patrick said.

Kubosh said he is still exploring a race against Van Arsdale. He said he did not talk to Patrick about the e-mail before it was sent out.

[...]

Kubosh voted in the 2006 Democratic primary and ran as a Democrat against Patrick.


It's more accurate to say that Kubosh "ran" as a "Democrat" against Patrick in 2006, since there's little evidence he did any actual campaigning, and less evidence that he shares any values with most Democrats. Yet despite being little more than the Not Dan Patrick option on the ballot last year, he still ran ahead of nearly every actual Democrat on the ballot in SD07. Which is to say that fewer people voted for Dan Patrick than for just about any other Republican, or if you prefer that more voted against him than just about any other Republican. Remember that when Patrick touts how much support he got in the election.

Anyway. Burka mentioned this in passing a couple of weeks ago. In most respects, this is a pretty normal primary fight, driven as much by personality as anything else. Nothing unique to Republicans, of course, though any time you've got Dan Patrick teaming up with Debbie Riddle, the unintentional comedy factor is cranked up. So fire away, folks. We'll enjoy the show.

Posted by Charles Kuffner
Billboard battle

Interesting approach being taken here by the city regarding billboards.


Last month, [Houston City Attorney Arturo Michel] told Nooky's and dozens of other companies that their billboards were illegal -- not because of the content, but because of the location -- and threatened them with $500-a-day fines for violating Houston's sign code.

This effort, which applies to billboards in a five-mile zone just outside Houston's limits, represents a different strategy for the city: enforcing the rules against those who use illegal billboards, and not just the media companies that own them.

"We ought to be concerned about this issue because the city has a longstanding policy of attempting to cut down on visual blight," said Jim Moriarty, a Houston lawyer helping the city's billboard enforcement efforts on a pro bono basis.

Today, Moriarty is scheduled to meet with RTM Media, the company that sold space to Nooky's and scores of other advertisers, to discuss the city's crackdown.

Mayor Bill White and Moriarty say RTM has ignored a city code prohibiting such billboards in Houston's extra-territorial jurisdiction, a five-mile band around the city. To date, the city has issued more than 2,100 municipal citations against one of RTM's officers, according to court records.


So the city is going after the billboard company's customers, since the billboard company itself has been unresponsive. That unresponsiveness stems in part from an insistence that they're doing nothing illegal, a point of contention for which lawsuits have been filed.

In court filings and other documents, the company takes issue with the city's position that it has the authority to regulate billboards along highways in its extraterritorial jurisdiction.

The company says that power rests with the Texas Department of Transportation, despite a state law passed earlier this year clarifying the city's authority.

TxDOT declined to comment Monday.

According to its lawsuit, RTM does not believe the city can require its customers to obtain permits, as it claims the city is doing by focusing on advertisers.

"If the city persists in citing RTM's advertisers, it means that virtually every organization advertising on a billboard in the City of Houston is, and has been, in violation of the Houston Sign Code," according to a letter [RTM's attorney Robert] Williams sent City Attorney Arturo Michel.

The company has asked a federal court judge to stop the city from enforcing the code against its advertisers. A hearing is scheduled for Thursday.


We'll see what happens. As we know, the city has had a pretty good run in the courts lately. Based on what I've read so far, I wouldn't bet against the city here.

The letters sent by the city came as a surprise to some of the advertisers, which include law firms, real estate brokers and Web sites.

Kevin Morgan, who owns Eskimo Hut, a drive-though convenience store that sells frozen daiquiris, said he plans to keep his sign up.

He said he cannot afford other types of advertising.

"This avenue is my lifeline in trying to advertise my business," he said.

David Daugherty, who owns Ducky's Car Wash on FM 1960 east of Stuebner Airline, said he would try to get out of his contract with RTM.

Daugherty said he did not know his sign violated the law. He also said the company pressured him to sign the deal a day before the city's letter arrived.

"I'm going to subjugate myself to the city's position until I hear otherwise," he said. "I don't have any dogs in that fight."

White said the city had no choice but to notify the customers who may not have known they were in violation of city code.

"We think it's fair to let the customers know before any citation was issued, so that if somebody was not informed they have an opportunity to cancel the advertising," he said. "Our goal is to enforce the law."


Getting back to the original point, I'm not sure how I feel about this approach by the city. On the one hand, it feels heavyhanded. The businesses who leased these billboards did so in good faith, and this has got to be putting them in a tough position. On the other hand, the city is giving them a warning before citing them, thus giving them a chance to extricate themselves quickly and easily. This appears to be another question for the courts to settle, so we'll know soon enough if this is a legally acceptable strategy that the city is employing.

Posted by Charles Kuffner
September 18, 2007
Food fight upcoming

The Chron has another article on the upcoming City Council food fight over airport concessions.


Mayor Bill White called the food service at Bush Intercontinental Airport's Terminal C inferior to that of other airports and said the fastest way to improve it was to extend the contract of the company that dishes it out.

White is asking City Council to extend the contract with JDDA Concession Management another eight years rather than go through a time-consuming and potentially nasty competitive bidding process. Council is set to vote on the controversial extension Wednesday.

But a public bid battle is exactly what should happen, said Councilwoman Anne Clutterbuck, who has emerged as the mayor's chief rival in the current airport "food fight."

The controversy reveals how White's management style, with its stated focus on efficiency and consumer value, can conflict with those who see open government as necessarily messy at times.

"I think it's a terrible precedent," Clutterbuck said. "The way it is now, it begs the question of why do we bid any contract? To what other contracts will this process be applied?"

[...]

The Terminal C food courts have pulled in an average of $18.5 million a year since 1999, airport officials said. Yoo's JDDA Concession Management, bought out the contract in 2005. JDDA receives a percentage of the revenues, as does the city.

The deal put forward by White requires JDDA to spend at least $10.5 million to renovate the food courts and to bring in a more experienced airport food management firm, Creative Host Services, for a 49 percent stake. It also would boost the city's share of concession revenues.

In a statement issued Monday, White said the contract extension was the fastest way to improve Terminal C's food service, which he said was worse than that at competing airports.


The full statement is printed here. I'll get back to it in a second.

Looking back at my previous entry, I thought Council Member Clutterbuck's position was that this wasn't really a pro forma contract extension, but a new contract, and that because it was a new contract it should be publicly bid. I inferred that had she viewed this as an extension she would not be arguing for opening the bidding up. Now I'm not so sure this is a correct interpretation of her position. I had thought she saw this as an exceptional case, one which should be treated differently. If that was the case, then the point of contention was fairly narrow. Now I'm thinking maybe she means that any big contract like this should be routinely re-bid when it expires instead of allowing for a no-bid extension. I'm not sure what I think about that. Here's the crux of the Mayor's argument:


I have proposed to council that we negotiate an extension because our position with the vendor puts us in a unique position to leverage value for the city. Secondly, it is in the best interest of the city to move forward with this proposed agreement that would allow for expedited conversion of Terminal C, without a protracted battle over contracts.

The City of Houston's professional airport managers and I announced publicly last spring our intention to replace the current food contractor when the contract expires next summer, unless there were big changes in management and millions more invested in upgrades. Council Members were updated along the way and had input. The process was transparent. The contractor complied with tough demands. Aviation professionals tell us the City obtained the benefit of competition before the current inadequate contract expires.

Hard-nosed managers in the private and public sectors often tell vendors they must immediately offer better contract terms or face replacement later on. By removing contract extension as a tool for City negotiations, we would lose an effective tool for improving existing contracts.


It's not clear to me that you couldn't maintain that same leverage while going through a re-bid process. I don't consider myself to be an expert in these matters, but I don't see anything here that makes me think CM Clutterbuck's position is misguided. I'm also not convinced that a delay caused by re-bidding would be all that bad - it's not like we haven't had mediocre food choices at the airport for as long as we can all remember, and if the end result is a marked improvement, I think most people would consider it to be worth the wait. I don't think there's anything terribly wrong with the Mayor's argument, but neither do I think it's all that compelling.

Posted by Charles Kuffner
HISD bond proposal changes: Too little, too late?

HISD has announced it will make changes to its bond proposal in response to community feedback. The question is, will that be enough?


The concessions include renovating, rather than replacing, a few campuses and abandoning plans to create prekindergarten- through eighth-grade campuses in the Fifth Ward.

The district also vowed to comply with environmentally conscious standards as it builds new schools and to use tougher building standards to construct at least five new campuses -- one in each of HISD's geographic regions -- strong enough to serve as hurricane shelters.

The revisions are "not based on the loudest voices in the community, but in the quiet voices of our children," Superintendent Abelardo Saavedra said. "HISD will not abandon the needs of our children. We will not allow the outside influences to derail us from our commitment."

[...]

The upswell of community concern prompted the Greater Houston Partnership to issue a letter late Friday saying that the group of Houston businesses won't take a stand on the bond until the district resolves some of these community concerns. The partnership endorsed each of HISD's last two bond issues.

"Unfortunately, the number of uncertainties and the lack of consultation and engagement with the Partnership in a timeframe that built understanding and acceptance were factors in this outcome," the group's statement said.

Partnership President Jeff Mosley said Monday he's optimistic HISD can address those concerns. The partnership could issue an endorsement as early as this week, he said.

"What we've really heard is just mainly questions from the community ... on how the money's going to be spent," Mosley said. "There's nothing there that can't be resolved if HISD opens a dialogue."

[...]

Joel Goza, an associate minister at Pleasant Hill Baptist Church in the Fifth Ward, applauded Saavedra for listening to the community.

"The adjustments he made to the bond proposal display a vastly heightened level of 'street wisdom' than the original bond proposal," he said, adding that he's glad HISD opted to keep some campuses open and abandon plans for prekindergarten- through eighth-grade schools in the Fifth Ward. But simply improving the plan isn't enough, he said.

"The weaknesses of the original bond proposal still leave a long road to travel before truly addressing the woes of education in areas like Houston's Fifth Ward," Goza said.

[...]

HISD's changes didn't win over [State Rep. Sylvester] Turner or other community leaders.

"I've got some concerns still," said Kathryn Griffin, a member of the Ryan Middle School Parent-Teacher Organization. Under the new plan, Ryan, which feeds into Yates High School, would be renovated, rather than consolidated into a new campus.

"It isn't about the exterior of the buildings," Griffin said. "It's about what goes on inside the building. ... I'm tired of seeing children graduate and still not have any reading, writing and arithmetic skills."


Getting the endorsement from the GHP will help, but I still don't see how this thing passes without the support of people like Sylvester Turner and his constituents. It seems to me that these folks are still unhappy about what they perceive as HISD's overall level of commitment to schools like Ryan. Having a modern physical plant is a fine and necessary thing, but what the school has to offer the students is still very much at issue.

It's been suggested to me that HISD pull the bond off the ballot for this November in order to give them time to more fully engage the community and make their case for what they're doing. The risk in leaving it up for a vote this year is that if it fails, HISD must wait five years to try again. It would be better to wait till next year than to have to wait till 2012. I think HISD still has some hope of winning enough support to get this passed, but needless to say time is running out. Since I don't think there's a realistic chance of the referendum getting pulled, they'd better keep at trying to convince folks that what they'd be getting is sufficiently better than what they've got now that they should vote for it rather than hold out for something substantially different. We'll see how that goes.

Posted by Charles Kuffner
State Rep. Fred Hill will not seek re-election

This is a surprise - State Rep. Fred Hill, who a few months ago had announced his candidacy for House Speaker, has decided to retire instead. This is bad news on a couple of levels: Hill had developed into a strong critic of Speaker Craddick, going so far as to make the infamous motion to vacate that Craddick refused to recognize. His district is 60-40 GOP at the county candidate level, making it unlikely to flip to the Democrats, which leaves the possibility of a Craddick ally taking his place. Ironic, since it was Hill who observed that freshman are Craddick's oxygen. Hill was also a strong voice against appraisal caps, which earned him Dan Patrick's undying enmity. There's potentially a lot to lose with his retirement. At least he thinks Craddick is going down anyway, and he's got a couple of replacement candidates in mind, so maybe it won't matter. Be that as it may, best wishes to Fred Hill in the next stage of his life. BOR has more.

Posted by Charles Kuffner
Preservation: It isn't just for Houston

Bad preservation news, I'm sad to say, is everywhere:


The town of Denison is about to raze one of the grandest old buildings in North Texas reportedly to clear the way for a Walgreens. It doesn't take a history geek or an architecture expert to appreciate the old Denison High School building, which dates to 1913.

You can read a history of the building and see pictures of it here.

Denison-population 22,000-sits north of the Metroplex and neighbors Sherman, near the Oklahoma border. The old high school building on main street is a beautiful relic, replete with a white clock tower, towering chimneys, rounded archways, and a detailed amphitheater. Though abandoned for more than 15 years, the building remains structurally sound and easily could be refurbished.

And in fact, preservationists raised roughly $2.2 million in donations to fix up the place. The Texas Historical Commission spent the past year meeting with and writing letters to urge Denison officials to save the unique structure, says Brad Patterson in the Historical Commission's architecture division.

None of it dissuaded city leaders, even though the building is listed on the National Registry of Historic Places. Despite their dogged fight, local residents and historical preservationists from around the state and country appear to have lost their battle.

Last Wednesday, a district judge denied the preservationists a temporary restraining order, and demolition began on the high school that afternoon. As of [Monday] morning, roughly 60 percent of the structure had been destroyed.


Now see, this sort of thing would never have happened in Houston. We'd totally have built a CVS in its place, not a Walgreen's.

Nothing you can do about this but work harder to save the next building that needs it. And keep the faith that it really does matter. You hope more people will come to realize that while there still are buildings worth saving.

UPDATE: It won't be a Walgreen's. For what it's worth.

Posted by Charles Kuffner
S-CHIP is back

Congress will try again to pass an S-CHIP bill that can make it past the President, one way or another.


Senate and House negotiators said Sunday that they had agreed on a framework for a compromise bill that would provide health insurance to 4 million children while relaxing some of the limits on eligibility imposed by the Bush administration.

The compromise, which resembles a bill passed by the Senate with bipartisan support, sets the stage for a battle with President Bush, who has denounced similar legislation as a step "down the path to government-run health care for every American."

Tony Fratto, a White House spokesman, said, "The House and the Senate still appear to be far away from legislation that we would find acceptable."

Republicans will come under political pressure to support the compromise. But if the president vetoes it, he will probably have enough votes in the House to sustain his veto.

[...]

At issue is the future of the State Children's Health Insurance Program. Supporters of the Senate bill, passed last month by a vote of 68 to 31, had enough votes to overcome a presidential veto. Only five Republicans voted for the House bill when it was approved, 225 to 204.

The compromise is likely to pick up some Republican votes in the House but probably not enough to override a presidential veto, Republicans said.

The compromise would allow states to cover nearly half of the children who are uninsured. About 6.6 million youngsters are now covered.

Congressional action comes in response to urgent appeals from governors of both parties. In a letter to Congress last week, Gov. Sonny Perdue of Georgia, chairman of the Republican Governors Association, and Gov. Kathleen Sebelius of Kansas, chairwoman of the Democratic Governors Association, said, "For health and moral reasons, Congress must pass and the president must sign a reauthorization of the program by Sept. 30."


Not much to add here. It's the President and some Congressional Republicans against pretty much everyone else, all with millions of uninsured children in the balance. Seems to me this would be an easy choice, but ideology is in the way. Maybe someone should give Arlene Wohlgemuth a call and see how that works out in the end.

Posted by Charles Kuffner
Rail on Westheimer?

Rad Sallee points me to this interesting website that makes the case for the Universities line to be built on Westheimer instead of Richmond or Westpark. I'm not sure what the point is of bringing out such a website this late in the game - the DEIS did not take a Westheimer alignment into consideration, which seems a fairly compelling argument against - but let's see what there is to say.


Westheimer is already a poor route for cars, especially where it is only one lane wide due to parking in front of the businesses between Woodhead and Mandell

As I recall, one reason why Westheimer was rejected as a possible alignment was precisely because of its narrowness east of Woodhead. The right-of-way is insufficiently wide to accomodate tracks, stations, and automobiles.

Lightrail is best suited for commercial districts such as Westheimer, not less-dense areas such as Richmond or Westpark, or quiet residential neighborhoods like Wheeler

[...]

Richmond advocates say Richmond is where the people are but the density of local commerce is much greater on Westheimer


You'll need to show me some data to convince me that Westheimer is denser than Richmond, because it's not at all clear to me that it is. Richmond serves Greenway Plaza much better than Westheimer. I can't think of anything similar along Westheimer, at least not inside the Loop.

Approval for federal funding hinges upon METRO's ability to present a cost-effective investment. That means the corridor selected will need to yield the highest ridership possible for the dollars invested, and this is achieved only with a direct line through the Galleria area

[...]

Traffic around the Galleria is hectic, and getting through the Galleria area on Westheimer will only get worse


I don't disagree with either of these statements, but we've already got the Uptown line planned to serve the Galleria area, and as Christof has shown, there's no reason why a Richmond-route U-Line couldn't serve that are directly as well.

Greenway Plaza is much better served by a regional rail line since many people are commuting from long distances (Katy, Woodlands, Kingwood) not connected by the University Corridor

This makes no sense at all. For one thing, as noted before, Greenway Plaza is on Richmond, so it is a priori better served by a Richmond alignment. For another, if he's attempting to tie in commuter rail somehow, as Sallee notes Metro owns commuter-rail-friendly right of way on Westpark, where the U-Line would end up, not Westheimer. Finally, for what it's worth, the eventual 290 commuter rail line would tie into the system at the Northwest transit center, where the Uptown line would connect to the U-line (or go there directly, if Christof's idea is taken up).

New highrises are currently being constructed on Westheimer at Kirby. The people in these condos may prefer rail to driving, especially if they are elderly

There's also a new condo project being built on Richmond just east of Kirby, and I believe there's another one planned for the former HCC site at Dunlavy.

You get the idea. I'm obviously not convinced by these arguments, but maybe you will be. Not that it will matter, since Westheimer isn't on the table, but there you have it regardless.

Posted by Charles Kuffner
Miya steps on toes

Miya Shay connects a few dots in the airport concessions food fight, and calls out one of the principles for calling her out:


Seems like Jason Yoo is not too happy with the recent coverage by the Chronicle and this little blog. He's so unhappy that he has called several prominent Asian community leaders to-- 1. get me to pull the blog, and 2. to "talk" to me. Hello??? I have emails and phones, I'm easy to find, I've even tried to talk to Yoo's attorney, Robert Miller, at City Council. Got a problem? Just call me, I'm not THAT scary.

I just want to say that I've met Miya, and I can attest that she is, in fact, not that scary. That is all.

Posted by Charles Kuffner
Texas blog roundup for the week of September 17

Another week, another roundup. You know the drill, so click on for more.

Muse at Musings liveblogs Lap Dog Cornyn's portion of Petraeus' appearance before the Senate Armed Services Committee this past week and notes that he slobbers all over himself praising the surge.

McBlogger at McBlogger goes to the CAMPO meeting on the Phase 2 toll roads and finds lies, damn lies and statistics as well as an Austin City Council Member who seems hell bent on ending his political career. Is resurrection possible? Sure... if you believe McCracken is the second coming. Spoiler alert: McBlogger doesn't.

While on vacation, PDiddie at Brains and Eggs discovered quite a few similarities between the Texas Legislature and the Nevada State Assembly.

Good news brought by TXsharon at Bluedaze: Bush Economy Solves Obesity Problem!

Could Be True at South Texas Chisme notes that the Republican tactics of purging voter rolls, creating barriers to voting, and discouraging new voter registration are moving right along and could get serious in Bexar County.

After the demolition of yet another historic structure in Houston, Charles at Off the Kuff looks at what can be done to abet preservation efforts going forward.

Adam Silva of Three Wise Men, blogging for the UNT Democrats, provides a detailed analysis of competitive U.S. Senate races for 2008.

City life can be complicated-but it includes an awfully lot of conveniences that we take utterly for granted-as long as they work. In Houston, We Have a Problem, on Texas Kaos, The Houston Organization of Public Employees (HOPE) invites all of us to get a little taste, so to speak, of what it takes to keep the fourth largest city in the nation running.

WhosPlayin notes that some Republican Members of Congress just don't know when to stop digging a hole in continuing to support a failed president.

Since 9/11, an increasingly strident message of xenophobia has seeped into both fringe and mainstream political movements. A new climate of exclusion has formed as a result of this country's heightened anxiety against racial, ethnic, and religious minorities. Whether or not intended as such, new Texas Progressive Alliance member Xicno Pwr at ¡Para Justicia y Libertad! tells us we are in the midst of a growing culture of hate as the number of hate crimes in this country are on the rise.

WCNews at Eye On Williamson posts on the unintended consequences of the 2003 GOP redistricting scheme in Are Democrats Statewide Prospects Improving Because Of GOP Gerrymandering?

Refinish69, another recent addition to the TPA, at Doing My Part for the Left examines sex scandals and hypocrites in the Repugnant Party and Texas Stonewall Caucus.

Have Republicans moved in a "ringer" to challenge Chet Edwards in TX-CD 17? Vince addresses that in a post at Capitol Annex.

The Texas Clover Leaf (a new member of the Alliance) notes that Alan Keyes has entered the GOP race for President, but asks if he is actually the Republican's version of Obama.

Texas Toad at North Texas Liberal tells us about the controversy surrounding the preservation of trees at the Trinity Trail in Ft. Worth.

John at Bay Area Houston tells us that Jared Woodfill, Chairman of he Harris County Republican Party, must think Hispanics are stupid with his recent op-ed in the Houston Chronicle "Hispanics can feel right at home in the Texas GOP".

Jack Cluth at The People's Republic of Seabrook notes that it would seem that we've learned nothing from the 60s. Today, in allegedly-enlightened 21st century America, a man or woman can be fired from their job in 31 states for the simple fact of being a homosexual. Regardless of how you feel about the "lifestyle", how can anyone who values liberty and freedom be OK with this...especially with Americans dying in Iraq to "protect and defend out freedom"?

Jaye at Winding Road in Urban Area addresses several things, including machine-gun-toting cops in a 'brain dump,' post, The Stream of Consciousness Just Overflowed the Toilet. (Please flush!)

Todd Hill (another new addition to the Texas Progressive Alliance) blogging at Burnt Orange Report tells us all about a North Texas Tribute to Speaker Jim Wright.

Matt at Stop Cornyn tells us how John Cornyn worked to disenfranchise minority voters while he was Attorney General.

Evan Leslie at Caucus Blog reviews the Houston GLBT Political Caucus's deliberations over its potential endorsement of the Houston Independent School District bond proposal.

Posted by Charles Kuffner
September 17, 2007
One last shot at delaying the Kenedy wind farms

The Express News has a followup to the earlier story about the Coastal Habitat Alliance's efforts to halt the construction of power transmission lines that will be used for wind turbines at the Kenedy Ranch.


The Coastal Habitat Alliance, a combination of the King Ranch and local and national environmental organizations, will ask the Public Utility Commission of Texas to step into the situation Monday. The group wants the PUC to overturn an administrative law judge's ruling and allow a hearing over a transmission line that would serve the two farms.

Because state regulations don't require site permits for power plants, there will be no hearing on the wind farms themselves. That could change if the development impacts nearby wetlands under the jurisdiction of the federal government, but both developers are seeking to avoid the wetlands.


As I said before, it seems ludicrous to me that tranmission lines would have any impact on migratory birds. I can't see this as anything but an attempt to throw sand in the gears of the wind farm construction.

The developers of one of the farms, the Australian-based Babcock & Brown Ltd., claims it has conducted more environmental study on this site than almost any other in the world.

The company's chief development officer, John Calaway, said those studies show the wind farm has little potential to harm birds. Calaway said the company is even pioneering a radar-based system for the project that can shut down the turbines within a minute in the event of a massive bird run-in.

But Calaway said it's unlikely at this point that he would share the studies with any of the groups in opposition.

"I don't think that, because of the way they've been referring to us, that we will be jumping up and down to accommodate then," he said. "And quite frankly we don't have to."

Calaway's company wants to build 157 turbines. The other company, PPM Energy, which is owned by the Spanish company Iberdrola, has proposed 84 turbines. The two wind farms combined would produce about enough energy to power the city of Corpus Christi, Calaway said.

"And that's with zero emissions and using zero water," he said.


Having said all that I've said about wanting to see the Kenedy Ranch wind farms go forward, I do think Babcock & Brown should release its data for public scrutiny. I agree that whatever they say is unlikely to make the opposition go away, but if it is as good as they say, it will greatly reduce the likelihood that said opposition will be able to rally public support for their argument. More information is always better than less in cases like this.

Problems with birds and wind turbines have a history that goes far beyond Texas. Generally, most agree, the harm caused by such operations is minimal. But a few horrendous examples worldwide have caused concern.

Closest to home, a massive conglomeration of wind farms in California's Altamont Pass kills more than 1,000 raptors a year. These include many iconic species such as golden eagles and red-tailed hawks.


As I understand it, Altamont Pass is not representative of modern wind farms, mostly because they're not located in narrow mountain passes any more. I understand why it always gets brought up in these debates, but if it's the main bad example, then that suggests to me this issue is not endemic to wind farms, but is mostly one of location. There ought to be better comparisons available for the Kenedy project. What do those experiences tell us?

I figure the PUC will side with the Kenedy folks. That strikes me as the right result, but one that will be more about a weak process of oversight than anything else. I'd feel more comfortable in this if I had more faith in the PUC. But I suppose when the stopped clock is right in my favor, I shouldn't complain too much.

Posted by Charles Kuffner
Interview with Lawrence Allen

Continuing on with the City Council candidate interviews, today we move into the district races with Lawrence Allen, who is running in District D. Allen is another educator, having been a teacher and principal before serving on the State Board of Education. The interview is here in MP3 format.

Please note that I did this interview before the fuss about Zaf Tahir and Jack Christie's residency hit the news. I will probably add a question about that to subsequent interviews, but I haven't made up my mind yet.

PREVIOUS INTERVIEWS:

Zaf Tahir - At Large #5 - MP3
Joe Trevino - At Large #5 - MP3

Posted by Charles Kuffner
Eight hundred

Yesterday, Rick Noriega reached the 800 donor mark on ActBlue. Since yesterday was the two month anniversary of when we first started asking people to donate to Rick via ActBlue, I think that's pretty awesome. As there's still two weeks left in September to pad that total before the reporting deadline, I see no reason why we can't try to push that total even higher. So please if you can donate to Rick Noriega, and let's aim high.

Since the question came up in my previous post, the number of supporters listed at the top of this page will be greater than the sum of the donors for the individual ActBlue pages listed. I asked ActBlue about this discrepancy, and what they told me was the following:


Many candidates on ActBlue never create a fundraising page; they just want to accept contributions directly. They can do that with the base link like the one above for their campaign. Since it's not going through anybody's page, but it's still money coming to the campaign, it doesn't get added to anything except the numbers on listed on the candidates ActBlue Hub.

In other words, if you click on this link, the number of supporters gets incremented, but none of the donor totals for individual fundraising pages do. If instead you click this link, the number of donors for the Netroots for Noriega fundraising page gets bumped up by one as well as the number of supporters on the hub page. It's all good either way, but now you know the difference.

Posted by Charles Kuffner
Are you ready for some football in San Antonio?

The students at UT-San Antonio has approved a fee increase that would enable them to add a football program at the school.


The results of this week's vote, announced Thursday, mean student athletic fees may incrementally increase from a maximum of $120 per semester to a maximum of $240 a semester. While the money will generally go to improvements for the school's athletics programs, the vote also is a first step toward eventually creating a football team.

Almost 66 percent of the 4,600 votes cast were in favor of the increase.

The NCAA Division I school, with an enrollment of nearly 29,000 students, already sponsors 16 sports.

Marianne McBride Lewis, a university spokeswoman, said the earliest the school could have a team is 2010, but that's "really optimistic."

She said to create a team the school will need additional financial support from outside donors, since tuition money and state funding can't be used for athletics.

The school's administration and the University of Texas System Board of Regents still each has to approve the increase. The first incremental increase could go into effect next fall, Lewis said.


I have to say, I'm surprised it took UTSA this long to do this. While there already is a fine collegiate football program in San Antonio, it's not exactly a big one. There's a void in San Antonio for something like Division IA football - there's literally no other competition for it. I wouldn't be surprised to see the Roadrunners draw 40,000+ fans per game from the get go. This has the potential to be huge for UTSA, if for no other reason than the boost in prestige and visibility, as this Express News editorial observes.

Academics represent the foundation of a university, but athletic programs add prestige, and prestige, in turn, enhances academics, creating a positive, vibrant cycle.

Football programs also help attract students from beyond the area, a phenomenon that could help UTSA grow from a commuter school to a higher tier university.

University officials -- and students -- should view the prospects with guarded optimism, but there is no denying it: The outlook is bright.


Now just because the students approved this doesn't mean it's a done deal. Besides the board of regents, there will be pragmatic issues like where the team will play, since an appropriate stadium doesn't currently exist on campus. That could lead to a political fight.

[UTSA Athletic Director Lynn] Hickey confirmed UTSA would ask for $50 million from the county to help fund an on-campus athletics complex.

UTSA is expected to deliver the message at her presentation to a county athletics facilities committee hearing Sept. 25.

The UTSA athletics complex is planned as a facility to be shared by the university and the community.

It will include a core building for athletics offices, plus stadiums for baseball, softball, track, soccer and tennis. It also would serve as a training site for football.

While [Bexar County Judge Nelson] Wolff said the county likely would include UTSA's complex on its funding list of amateur sports complexes in next year's election, he said a $50 million slice of the package probably isn't in the cards.

"It's probably going to be difficult to get that much," Wolff said. "We'll have to leave that up to the task force. But I think they will step up and do something significant."


The team would start out at the Alamodome, which is grossly underutilized now, but it wouldn't shock me if there's a push to build a stadium on campus some day, especially if the team is successful on the field early on. From a student's perspective, that's always going to be better, and from the university's viewpoint, it's better to be an owner than a tenant. We'll see how that eventually plays out. Stace and Dig Deeper Texas have more.

Posted by Charles Kuffner
The Rick Perry Road Show

Don't hurry home, Rick!


For a governor who maynever run again for anything, Rick Perry of Texas appears ready to hit the campaign trail next year -- for any Republican anywhere.

"I may not be on the ballot," Perry said in a warmly received speech at the California Republican Party's state convention Sept. 7, "but I will campaign next year like I am, in Texas, in California and anywhere else I can spread the word."


I'm not sure what I like more, the idea that we'll see less of Perry next year, or that ol' Governor 39% will be traveling the country working to get other Republicans elected. Sounds like a win-win to me either way. Link via Dig Deeper Texas.

Posted by Charles Kuffner
Not good enough for me!

Is it just me, or did anyone else read this Whitney Casey column about "first date deal-breakers" and say to themselves "No wonder these guys are all still single!" I mean, of course there are some traits that should be big red flags in potential mates - lying, manipulativeness, unresolved issues with exes, that sort of thing. But "sporting fingers with nail polish that's partially or mostly flaked off"? Are you kidding me? I think that unless you yourself have been photographed for GQ, you should consider such a thing to be a minor imperfection rather than an unforgivable sin. Call me crazy.

Posted by Charles Kuffner
September 16, 2007
OJ busted for stealing his own memorabilia

I am required by the Mandatory Blogging Act of 2003 to post about this.


O.J. Simpson was arrested Sunday and faces multiple felony charges in an alleged armed robbery of collectors involving the former football great's sports memorabilia, authorities said.

Prosecutors were planning to charge Simpson with two counts of robbery with use of a deadly weapon, conspiracy to commit robbery, burglary with a deadly weapon, two counts of assault with a deadly weapon and coercion, said Clark County District Attorney David Roger.

A conviction on the most serious charge, robbery with use of a deadly weapon, could bring a sentence of three to 35 years for each count, he said.

"He is facing a lot of time," Roger said.

Simpson was being transferred to a detention center for booking, Dillon said. Dillon said he did not know whether Simpson would be able to post bail and be released Sunday.

"He was very cooperative, there were no issues," Dillon said.


Choose your own joke here:

"If the mementos don't fit, you must acquit."

"Where's Al Cowlings when you really need him?"

"I plan to spend my time finding the real memorabilia thieves."

Feel free to add on, there's got to be plenty more.


Simpson, 60, has said he and other people with him were retrieving items that belonged to him. Simpson has said there were no guns involved and that he went to the room at the casino only to get stolen mementos that included his Hall of Fame certificate and a picture of the running back with J. Edgar Hoover.

Simpson told The Associated Press on Saturday that he did not call the police to help reclaim the items because he has found the police unresponsive to him ever since his ex-wife, Nicole Brown Simpson, and her friend, Ron Goldman, were killed in 1994.

"The police, since my trouble, have not worked out for me," he said, noting that whenever he has called the police "It just becomes a story about O.J."


You know, I don't think I can add anything to that.

Posted by Charles Kuffner
TYC retrospective

Grits says:


With a new lawsuit to overturn its pepper spray policy, the Blue Ribbon Panel releasing its report [Thursday], plus a lot of other related information on the Texas Youth Commission coming out recently, I thought I'd update this list of significant Grits posts and other resources about TYC for readers' and researchers' convenience. Call it Grits' Red, White and Blue Ribbon Report:

Click the link above to get all caught up on everything TYC-related. The headlines may have shrunk, and the committee hearings may be over for now, but there's still a lot happening. Check it out.

Posted by Charles Kuffner
Report from the Upper Kirby meeting

The Chron reports from the Upper Kirby public meeting on the storm sewer project north of US59 and its ancillary effects.


Nearly 300 people have signed an online petition against the project at the Web site of Trees for Houston. On Saturday, dozens of trees planted by the organization were adorned with signs to "save the trees" as well as bright green ribbons tied in bows.

"In less than two days, more than 270 people signed our petition," said Kathy Lord, executive director of Trees for Houston. "Our board of directors has really been working hard on this."

At the public meeting of the Upper Kirby District, many people expressed concerns that the massive project would destroy even more mature trees than officials have stated. The plan calls for new trees to be planted along the road.

Others said that traffic, already too fast along Kirby, would become more dangerous with wider lanes. And many expressed opposition to narrower sidewalks along the street, saying Kirby should be more "pedestrian-friendly."

[...]

Although construction is scheduled to begin in January, [Council Member Anne] Clutterbuck said design modifications to the streetscape could be made later without affecting the drainage improvements.

No one opposed construction of a 72-inch storm sewer under Kirby to improve area drainage.

The concerns centered on plans to add a 14-foot median and widen the three lanes of Kirby, now about 9 1/2 feet wide, to 11 feet to comply with city of Houston requirements.

The result -- narrower sidewalks and fewer mature trees on both sides of the street -- met strong opposition.

Mack Fowler, president of the board of Trees for Houston, maintained that the drainage project could be accomplished without widening Kirby.

Ann Lents said she was "thrilled to death" about both the drainage project and accompanying plans to bury overheard utility lines. But an esplanade in the middle of Kirby is not needed, she maintained. "People won't really walk on an esplanade. I want a way to walk," she said.


I'm glad to see people express such an interest in pedestrian issues for that area. Remember, there are a couple of high-rise residential buildings going up on Kirby near Westheimer right now. Either we make it convenient and attractive for these folks to leave their cars at home and walk to nearby businesses and restaurants, or we make the traffic on Kirby worse. Seems an easy choice to me. Let's hope that the feedback given gets acted on.

Posted by Charles Kuffner
Land shark!

On Studemont, just north of Arnie's and south of I-10 is an old warehouse. A little more than a week ago, demolition equipment arrived on the property and started work tearing it down. Shortly thereafter, this guy appeared:




I presume that he came from inside the warehouse, but what his original purpose was, and for what future purpose he might have been stored, I couldn't say. Here's a better view of the warehouse:



And here's a better view of the shark, taken a couple of days later after he'd apparently been moved:



By this point, the warehouse was gone:



Those last two photos were taken on Tuesday. I drove by yesterday, and both the debris and the land shark were gone. I hope he's in a better place now.

Posted by Charles Kuffner
Christie departs, Tahir stays

We already knew that the luckless Jack Christie had dropped out of the race for City Council At Large #5. As things stand right now, he'll be the only one to depart.


Christie's departure could create an opening for candidate Tom Nixon, a former police officer who was competing with Christie for Republican votes in the citywide election to replace term-limited Councilman Michael Berry.

"I would like to applaud Jack Christie for choosing an honorable path worthy of his past public service," Nixon said Saturday in a written statement. "However, there can be no doubt about the residency of those elected to serve on Houston City Council. Residency is a basic and important requirement."

Nixon also called on [Zaf] Tahir to leave to the race.

"Mr. Tahir should end his campaign and let the people of Houston know he cares about true and honest representation on City Council."

Tahir owns a home in Fort Bend County, where he has lived with his wife and two sons for several years. But in November, as the residency deadline approached, Tahir leased a condominium near Sharpstown Center. He later purchased the property for $45,000.

Tahir said Saturday he was sorry to hear about Christie's departure from the race. He said he wouldn't follow him, however. "I am a Houstonian," he said. "Houston is where my heart and mind is."

Tahir, who said he plans to move his family to Houston at some point, noted that he has paid city property taxes on various properties since 1990.

"I feel that the discussion should now move back to issues facing Houston," he said.


You know how I feel about this. Again, I'm not surprised by Nixon's prominence in these stories, as Christie's decision to leave is the best thing that could have happened to his campaign. My guess is that barring any new revelations about Tahir or any other candidate, this story is on its last legs. I don't think anyone's going to pursue filing a complaint to force Tahir off the ballot. But we'll see. Greg has more.

Posted by Charles Kuffner
A bit more about the candidates

I complained before that we don't know a whole lot about many of the candidates for the various City Council offices beyond their names. While this story from the This Week section doesn't go into much detail about anyone, it at least gives you something to go on. Hopefully, a more fully realized version of this will appear in the main edition of the Chronicle soon. For now, it's better than nothing, so check it out.

Posted by Charles Kuffner
Last call for comments to Metro on Universities line

The DEIS has been filed, the public hearings have been heard, and the final decision about the route for the Universities line is imminent. You have one last chance to tell Metro what you think, and that's by filling out this form (PDF) and mailing it to Metro. It needs to be postmarked by tomorrow, Monday, September 17. If you haven't told Metro what you think by now, there's no excuse for not liking what they ultimately do. So fire up your printer and find a stamp, because this is it. The next news will be the announcement of the route.

Posted by Charles Kuffner
September 15, 2007
The Chron on carpetbagging

I have to say, I was appalled by this Chron editorial about "carpetbagging" in City Council races.


In 2003 the council rolling stone was M.J. Khan, whose $2.3 million family residence was in Piney Point Village but who rented a $73,000 home in District F in order to run for office. Despite protests from his opponent, Terry McConn, that Khan was not qualified to make the race, Khan won. He was re-elected two years later and is seeking a third term.

[...]

To eliminate such electoral house hopping, city officials should explore ways to legally tighten the definition of residency to capture the candidate's primary domicile rather a temporary political crash pad. If it cannot be done through local ordinance, the changes should be pursued in the state Legislature.

Transient candidates demean the office they are seeking while calling their own ethics into question. If candidates are willing to bend the law to their benefit before they get elected, how will they conduct themselves after they gain the power of the position?


"How will they conduct themselves"? Why don't you take a look at MJ Khan's four-year record in office and tell me yourself? There's no need to hypothesize - we have actual data to examine. I'm sorry, but this strikes me as an entirely unwarranted slam on Khan, who as far as I know has done good work as the Council member for District F. If the Chron thinks otherwise, they should say so and cite specifics instead of making vague insinuations.

It's funny, but in searching the Chron's archives about the 2003 race for articles about District F, I only found this one having to do with Khan's residency - it went unmentioned in other stories. I should also note that though the Chron endorsed a candidate who didn't make the runoff for the November election, they backed Khan over McConn in the runoff, never mentioning the residency question in doing so. Why they're suddenly so concerned about it now, I couldn't say.

Having said all that, I'd be willing to back a candidate who made clarifying and/or toughening the residency requirements for Council a part of his or her campaign, as I wrote on Kuff's World. It's not a high-priority issue for me, but I'd certainly appreciate not having to have these little mini-controversies every few years. Not to mention not having to read editorials like this one.

Posted by Charles Kuffner
Three strikes for Christie

First residency, then homestead exemptions, and now swimming pools. This is not been an auspicious campaign for Jack Christie.


It appears City Council candidate Jack Christie's residency isn't the only thing that's cloudy.

So is the swimming pool at a Memorial-area home he rented so he could run for office in Houston, according to city health inspectors.

Responding to a neighborhood complaint, an inspector issued two citations Friday, attaching them to the home's front door with red tape. The inspector alleges that the murky green water in the swimming pool isn't transparent and algae-free, as required by city ordinance.

The report also notes that the home is "vacant," a judgment that could further cloud the residency claims of Christie, a longtime Houston chiropractor who has lived in a Bunker Hill Village home since the early 1990s.

The inspector likely noted the general condition of the home or the lack of furniture inside in declaring vacancy, Health and Human Services Department spokeswoman Kathy Barton said.


You almost have to feel sorry for the guy. Apparently, all this was enough to sink his campaign, leaving us with only seven candidates in At Large #5.

Now that we've gotten this mess behind us (well, pending anything more on Zaf Tahir), perhaps we can spend a little time finding out where these candidates stand on the issues. I hope the Chronicle will devote an equal amount of energy to that as they did to the matter of residency. We're going to need to base our votes in November on something, after all.

Posted by Charles Kuffner
Crossley on the Kirby construction

If you haven't already attended the Upper Kirby public meeting on the upcoming construction of Kirby Drive north of 59, it's probably too late to do so before reading yet another blog post about the project. But regardless, you should still read David Crossley's take on lane widths and pedestrian access, because there's a lot of interesting stuff there. If you need something visual, see the pictures here of what's being proposed. All this is supposed to happen next year, so act now if there's something you want to see done differently.

Posted by Charles Kuffner
Allen House: Getting ready to go away

I've noted before that the Allen House Apartments are not long for this world. While there's been a construction fence around the property for several weeks now, you can't really tell how close they are to meeting their doom from Allen Parkway. But drive down West Dallas, and it's clear that their days are numbered, and that number isn't big:




I've got more pictures in this Flickr set. While most of the buildings in this complex look more or less like what you see there, there's one section, on the south side of Dallas east of Dunlavy, that still appears to be inhabited. But it too sports a sign announcing a request for variance, so it will apparently follow its neighbors soon enough. Progress, such as it is, marches ever onward.

Posted by Charles Kuffner
Adopt-A-Beach 2007

From the office of the Land Commissioner:


The 21st Texas General Land Office Adopt-A-Beach Fall Cleanup will take place Saturday, September 22nd at 26 sites along the Texas coast announced Jerry Patterson, Commissioner of the Texas General Land Office. The all-volunteer event is coordinated through the Adopt-A-Beach Program of the Texas General Land Office. Additional cleanups are scheduled for the winter and spring.

Volunteers can register at any of the check-in sites from 8:30 a.m. to 9 a.m. on September 22nd, and will be given data cards, gloves, pencils and trash bags. Volunteers are advised to wear closed-toe shoes, bring sunscreen and plenty of drinking water.

"Seventy percent of trash found on Texas beaches is left behind by average beachgoers," Patterson said. "Humans created this problem, and humans have a responsibility to fix it. I urge all my fellow Texans to join me at the beach and help turn the tide against trash."

This year, Texans who are not able to attend the cleanup can help keep Texas beaches clean by making a tax-deductible donation online. There are several different Adopt-A-Beach sponsorship levels ranging from $25 to $25,000, allowing both individuals and corporations to contribute to this major cleanup effort.

Texas beaches receive large amounts of marine debris due to a convergence of currents in the Gulf of Mexico. Since 1986, more than 355,000 Adopt-A-Beach volunteers have picked up more than 6,700 tons of this debris, some of it originating from as far away as Greece. Volunteers record data on the trash to learn more about the causes of marine debris and to help mitigate pollution along Texas' 367 miles of coastline.

For a complete listing of cleanup sites for the upcoming Fall Cleanup, to learn how you can participate, or for additional information on the Adopt-A-Beach Program, please visit www.texasadoptabeach.org, or contact the GLO at 1-877-TX COAST.


This is always a worthwhile project. Check it out if you can.

Posted by Charles Kuffner
Teaching children to fear

This is the most depressing article I've read in awhile.


Last month, I wrote about how our culture teaches children to fear men. Hundreds of men responded, many lamenting that they've now become fearful of children. They said they avert their eyes when kids are around, or think twice before holding even their own children's hands in public.

Frank McEnulty, a builder in Long Beach, Calif., was once a Boy Scout scoutmaster. "Today, I wouldn't do that job for anything," he says. "All it takes is for one kid to get ticked off at you for something and tell his parents you were acting weird on the campout."

It's true that men are far more likely than women to be sexual predators. But our society, while declining to profile by race or nationality when it comes to crime and terrorism, has become nonchalant about profiling men. Child advocates are advising parents never to hire male babysitters. Airlines are placing unaccompanied minors with female passengers.

Child-welfare groups say these precautions minimize risks. But men's rights activists argue that our societal focus on "bad guys" has led to an overconfidence in women. (Children who die of physical abuse are more often victims of female perpetrators, usually mothers, according to the U.S. Department of Health and Human Services.)

[...]

The result of all this hyper-carefulness, however, is that men often feel like untouchables. In Cochranville, Pa., Ray Simpson, a bus driver, says that he used to have 30 kids stop at his house on Halloween. But after his divorce, with people knowing he was a man living alone, he had zero visitors. "I felt like crying at the end of the evening," he says.

At Houston Intercontinental Airport, businessman Mitch Reifel was having a meal with his 5-year-old daughter when a policeman showed up to question him. A passerby had reported his interactions with the child seemed "suspicious."

In Skokie, Ill., Steve Frederick says the director of his son's day-care center called him in to reprimand him for "inappropriately touching the children." "I was shocked," he says. "Whatever did she mean?" She was referring to him reading stories with his son and other kids on his lap. A parent had panicked when her child mentioned sitting on a man's lap.


Olivia and I have already taken one plane trip together; it would have been two had it not been for that meddlesome case of pneumonia. It never would have occurred to me that someone might have seen her with me and called the cops because they thought a 40-year-old man alone with a 3-year-old girl in a public place was somehow "suspicious". Good thing, too, because I fear I'd have become so indignant about it that I might've gotten busted just on general principles. I don't think they refund your ticket when that happens.

This just makes me sad. I didn't grow up with an excessive fear of strangers, and while a certain level of watchfulness is always needed, I don't intend to turn my daughters into paranoid xenophobes. I think the cost of doing that is far too high. But I don't know what to do about this current trend in hysteria. I just hope we come to our collective senses before it's too late.

Posted by Charles Kuffner
September 14, 2007
Noriega racks up endorsements in Cameron County

In writing about Mikal Watts' recent appearance before the University Democrats, Paul Burka opined that "The Democratic primary may well come down to a Houston/Dallas versus San Antonio/Valley fight for the Hispanic vote." If that's true, then I'd say Rick Noriega just scored a touchdown with this.


The three-member Cameron County legislative delegation and numerous local elected officials have announced their support of Rick Noriega for U.S. Senate.

The endorsements came at a campaign fundraiser at Valley International Country Club and contrast sharply with what has been happening in neighboring Hidalgo County - where Noriega's possible Democratic primary opponent, Mikal Watts, has been picking up the support of some of its political leaders.

Both Noriega, a state representative from Houston, and Watts, a San Antonio-based trial lawyer, are exploring the possibility of running against U.S. Sen. John Cornyn, R-Texas, next year.

"I have known Rick Noriega for about 25 years," said state Rep. René Oliveira, D-Brownsville, introducing his House colleague to those at the fundraiser. "He's about as solid a human being, as solid a husband, as solid a father, as solid a leader as you could possibly be."

Among Cameron County officials, Noriega picked up the support of District Attorney Armando Villalobos, County Clerk Joe G. Rivera, District Clerk Aurora De La Garza, County Treasurer David A. Betancourt, and Sheriff Omar Lucio.

Brownsville City Commissioners Carlos A. Cisneros and Leo Garza were also present at the fundraiser to give their backing to Noriega.

And, in addition to Oliveira, state Reps. Juan Escobar, D-Kingsville, and Eddie Lucio III, D-San Benito, gave glowing reports on Noriega's work in the legislature.

[...]

Asked why Watts seems to be doing well in Hidalgo County and Noriega is doing well in Cameron County, Oliveira said the Houston representative started his campaign a little later. If he had started earlier, Oliveira said, Noriega would have picked up a lot of the early endorsements in Hidalgo County.

"I think one of the things we did here early is have a lot of private meetings with key elected officials and when Rick goes one on one with people and shares his story, it is so impressive," Oliveira said.

"I'm excited because here we have got a decorated colonel who has served in Afghanistan, a legislative veteran and a charismatic person with a Houston base who can wrap that flag around himself and run for the United States Senate and win. I know the man. I trust him."

Oliveira will be one of Noriega's key campaigners in the Valley. He said Watts was a friend and he thought highly of him. However, he said it was important to support a qualified Hispanic candidate who had a great chance of winning in the general election.

"I'm concerned that a pro-life trial lawyer is going to have a hard time winning," Oliveira said, referring to Watts. He said that in Noriega, Texans could vote for a decorated colonel in the National Guard, who had served in Afghanistan and spent 12 years in House learning about education and roads.

"We've got a guy who can walk into the United States Senate and probably teach them a thing or two and not somebody who needs to go up there on training wheels; who has no sense of public service."


Awesome. And I don't think it will stop there. Noriega's not going to concede anything, and I see him doing better on Watts' turf than Watts will do on his. The reasons are all right there in what his colleagues are saying.

Posted by Charles Kuffner
Mario Gallegos' Very, Very Good Idea

Senator Mario Gallegos has a great idea to require all new schools built in Texas to meet strict building codes that would allow them to serve as temporary shelters during a hurricane. Florida has laws in place for this. He intends to introduce legislation to this effect in the 2008 session.

Is this idea too late for the HISD bond package?

After the Humberto "clusterstorm" - with a tropical depression turning into a Category 1 hurricane overnight - there sure seems to be a need for nearby local shelters that everyone can get to quickly.

The Houston Chronicle has more.

Posted by Martha Griffin
More on the non-residency story

Whatever you thought of yesterday's story regarding the questionable residencies of two City Council candidates, this is a more serious issue for one of them.


City Council candidate Jack Christie could have to pay about $5,000 in back property taxes after questions about his residency revealed that he and his wife claimed homestead exemptions at separate properties in recent years, officials said Thursday.

Christie also could be stripped of the homestead exemption at his Bunker Hill Village house after he formally declared a leased residence in Houston as his home in order to run for City Council.

"Legally, he's not entitled to the one in Bunker Hill, if he's a resident of the city of Houston," said Jim Robinson, chief appraiser at the Harris County Appraisal District. "He's created a fine mess here."

Jack Christie and Melanie Christie are now divorced. In 2005 and 2006 they were married, but living in separate homes in Bunker Hill Village and Houston, respectively. Both claimed homestead exemptions those years, but they were not entitled to them before their December 2006 divorce was finalized, officials say.

"They're going to have to establish who gets the homestead exemption," Robinson said.

The tax issue comes a day after the Houston Chronicle reported that Christie and fellow At-large 5 candidate Zafar Tahir leased in-city properties to meet eligibility requirements for elected office in Houston. The city requires candidates to live in Houston for a year before the election.


Oops. People may not care that much about where you actually live versus where you say you live, but they do get a bit testy about inappropriate homestead exemption claims. Ask newly unelected State Rep. Gene Seaman about that one.

Both candidates work in Houston and have lived in the city before. They say they have longstanding civic ties and a strong desire to serve Houston.

Candidates in Texas generally are free to establish such a technical residency for elections, even in the face of evidence that they do not live at the location, according to city lawyers and case law.

But the issue, which has come up in local races before, can be used as a political issue to criticize an opponent.

That's what happened Thursday, as three of the six other candidates in the At-Large Position 5 council race raised questions about the actions of Tahir, a businessman, and Christie, a chiropractor and former chairman of the State Board of Education.

One opponent, lawyer Tom Nixon, called on Mayor Bill White's administration to remove both men from the ballot.

"There's no excuse, and no room for false representation, on Houston City Council," he said.

"The voters should be able to trust that you are who you say you are, and that you live in Houston everyday, all the time."

Candidate Jolanda Jones, also a lawyer, stopped short of challenging her two opponents' place on the ballot.

"I support anyone participating in the political process, even if they run against me, but I just think that everyone should follow the law, both the letter and spirit," she said. "I challenge every candidate to follow the rules."

City Attorney Arturo Michel said his office could not rule a candidate ineligible without receiving a complaint accompanied by public records that contradict the purported residency "conclusively."


It should be noted that the candidate who has the most to gain from Zaf Tahir and Jack Christie being ejected from the ballot is Tom Nixon. That's because of the eight candidates for At Large #5, six are Democrats and two - Nixon and Christie - are Republicans. With both Nixon and Christie on the ballot, you'd expect them to split most of whatever the Republican vote is in that race, which may leave both of them short of a runoff. But with only one Republican to pick from, that person would be a strong favorite to make it past round one. It's therefore not surprising to me that Nixon is making the strongest statement.

That doesn't mean Nixon is wrong, of course. He may well be right. But there's a risk in him taking the next step, which is to file the complaint Arturo Michel references, because the law is generally pretty slack about this, and both candidates might be ruled eligible. If that happens, then it's a campaign issue that can be used against him. Much safer to make a lot of noise and hope they drop out on their own, or someone else files the complaint. We'll see what happens next.

Posted by Charles Kuffner
What's so bad about a food fight?

Didn't get a chance to blog about the airport concessions contract yesterday, which wound up getting tagged for a week in Council, so here we go now:


Mayor Bill White said Wednesday he was confident he had the votes to extend a multimillion-dollar airport concession contract, despite a one-week delay forced by a councilwoman who said the deal should have been competitively bid.

"Open it up, let's have a competition," Councilwoman Anne Clutterbuck said. "If, indeed, this is the best deal we can get for the city, then the process will show it."

Clutterbuck used a tag, a parliamentary rule that allows council members to delay any measure for any reason, to hold off a vote Wednesday.

If approved, the contract extension would allow JDDA Concession Management, owned by local businessman Jason Yoo, to retain management of the food courts in Terminal C at George Bush Intercontinental Airport until 2016.

The concession contract, scheduled to expire next June, has not been put out to bid since 1990. The original agreement has been amended three times.

White remained firm Wednesday that extending the contract, rather than bidding, would give the city a better deal. An extension also would bypass a potentially lengthy and rancorous bid process.

In the past, open bids for food concessions at Hobby and Bush airports have led to protracted and ugly "food fights" at City Council as competing vendors battled to win the lucrative contracts.

[...]

"It's been big and ugly in the past because there's a heck of a lot of money involved," said Joe Householder of Public Strategies, a business consulting firm.

"I can see where the mayor and administration are going in saying, 'Let's avoid that and get a nice deal that gives us some more money, that maybe we could not have gotten in a public fight,' " Householder said.

"But, at the same time, open public processes are designed to be messy. If you don't want to have debate, then don't be in politics."


I confess, this is one of those stories that I've never really followed all that closely. I don't remember why it was so messy a thing to work through in years past. But I have to say, even if I'd never heard of this before, I'd be agreeing with what Council Member Clutterbuck and Joe Householder are saying. Whether you call this an extension or a new contract, if it's a good deal for the city then it will stand up to scrutiny. Bypassing the review process can only lead to suspicion. And the messiness of that process is a feature, not a bug. Let's do this the right way.

Posted by Charles Kuffner
I Love Lucy

I got to see Lucy at the Houston Museum of Natural Science this week - free entry as a part of a science education leadership meeting - along with a tour by the exhibit's curator, Dirk Van Tuerenhout. Dirk is a great tour guide - knows his stuff inside and out and throws in the funniest commentary.

(Side note - it was great to see my former colleagues during my visit - waves to Joel, Dirk, David and Larissa.)

The exhibit is in town through April 20, 2008 and it is a must see. This is something I never imagined I would experience and it really was a thrill. Lucy has only been on exhibit twice in her home country - Ethiopia. It's impossible to describe gazing down at her 40% complete fossilized skeleton, knowing she was a living, breathing being on our planet 3.2 million years ago, and part of our human family "bush."

You have to discard the notion of a human family tree and understand that there were many ancestral lines that died out, with only one that led to our current species - homo sapiens sapiens (which as Dirk pointed out, means "human smart smart - in case you didn't get it, we are very smart!). Lucy was an Australopithecus afarensis, not human, but able to walk upright, was around three and a half feet tall and weighed 60-65 pounds.

Dirk reminded us that in our DNA is an archive of all of our ancestors - the common primate ancestor we all have and way back beyond that.

Read more about Lucy at Dirk's blog.

Posted by Martha Griffin
HOPE in Houston

You already know that I love the TV show Dirty Jobs. One of the dirty secrets about a lot of these jobs, the ones that Mike Rowe says "make civilized life possible", is that a lot of them don't pay very well. How much would you have to be paid before you'd agree to work at a sewage processing plant? Go ahead, think of a number. Now read this.


Visitors to the site, which will be updated every two weeks with new profiles, can read about workers like Arthur Proctor, a Senior Sludge Processor at Houston's 69th Street Plant, who works in stifling conditions decontaminating up to 112 tons of sewage sludge a day. Even though he's worked at the plant for nearly 12 years, Proctor makes just $15 per hour.

I'll bet your number was bigger than that. Now ask yourself how much you think it's worth to the city of Houston for those 112 tons of sewage sludge to be decontaminated each day. Bit of a gap there, wouldn't you say?

That information comes from www.houstonwehaveaproblem.com/ - and no, I can't believe that domain name was still available, either - which is a production of the Houston Organization of Public Employees (HOPE), who represent folks like Arthur Proctor. Go give it a click and read about more of the people who do Houston's dirty jobs, and how much - or not so much - they get paid for their efforts to keep our fair city clean and habitable. And ask yourself again: How much would you have to pay me to do those jobs?

Posted by Charles Kuffner
I for one welcome our new arachnid overlords

Ever wonder what might happen if the spiders got organized? Well, now you know.


A variety of spider species built on one another's work to create a sprawling web that blanketed hundreds of yards of trees and shrubs at a North Texas park, according to entomologists who studied the unusual formation.

Heavy rains early this summer created prime feeding conditions for the spiders, which worked collectively to spin a web that nearly covered a pond ripe with mosquitoes and other insects.

"Normally they are cannibalistic and their webs are separated," said Allen Dean, a Texas A&M University entomologist. "They live in harmony because there's so much food available."

The web covered 200 yards along a trail at Lake Tawakoni State Park, about 45 miles east of Dallas. The August discovery of the massive web spurred debate among entomologists about its origin and rarity.

[...]

Arachnid expert Hank Guarisco, of Fort Hays State University in Hays, Kan., traveled to Texas to take a look for himself. He camped at the park, observing the spiders at night because some of them are nocturnal.

He said he was impressed with the variety of spiders contributing to the web.

"Tetragnathidae are usually solitary spiders who build their own webs and mind their own business," he said. "Here they are sharing a lot of foundation strands that are all over the place. They don't have individual webs anymore."


[voice of Locutus] "You. Will be. Assimilated." [end voice]

Posted by Charles Kuffner
September 13, 2007
Welcome, new citizens. Now get ready to vote!

Whenever I think I've become too cynical, I find it's a good tonic to read stories like this.


Minutes after being sworn in Wednesday morning as a U.S. citizen, Roger Negron had already registered to vote and was filling out a passport application.

As Negron stood near an exit, the voice of a League of Women Voters volunteer boomed as she collected voter registration cards from hundreds of new American citizens streaming out of the Berry Center arena in northwest Harris County.

''Voter registration! Turn in your voter registration! Congratulations," shouted volunteer Judy Viebig. ''That's great! We'll mail you your card."


People for decades have risked their lives to come to this country, and one reason why they do so is because they want to be able to vote. That's partly why I get so testy about the myriad of cavalier, partisan efforts to restrict the right to vote. I find the devaluation of something that has meant so much to so many to be deeply distasteful.

During the first six months of this year there were 17,740 citizenship applications filed in Houston, compared with 9,786 during the first six months of 2006. That's an 81 percent increase. Nationally, filings for citizenship increased by 59 percent for the first five months of this year, compared with the same period in 2006.

Linda Cohn, co-chairwoman of the voter registration committee of the League of Women Voters of the Houston Area, said the 66 percent hike in citizenship application fees that took effect July 30 motivated many to file.

''And immigration is a very hot issue," Cohn said. "Remember at the marches last year when they said, 'Today we march, tomorrow we vote!' "


I sure do. And I hope they all do, too.

Posted by Charles Kuffner
(Not) in residency

The Chron has a front page story today about two candidates for the crowded At Large #5 race who may or may not actually live in Houston, depending on how you look at it.


City Council candidates Zafar Tahir and Jack Christie each claim homes inside and outside Houston.

But where do they really live? That's debatable.

The candidates, among a crowded field in the At-Large Position 5 race, claim residency at properties inside the city that were leased last November -- just in time to meet the city's legal deadline for election eligibility. But they also admit to spending some nights in their properties outside Houston.

"A cynical view of this could be that these two gentlemen, if they are in a runoff together, would be the 'clash of carpetbaggers,' " said Paul Bettencourt, Harris County Tax Assessor-Collector.

The candidates' presence on the November ballot could be technically legitimate, given Texas' lenient court precedent on residency, but their dueling addresses may raise eyebrows as a political issue, observers say.

According to the in-city leases released by the candidates, Tahir and Christie appear to comply narrowly with a city law requiring candidates to be Houston residents for a year by Election Day.

But both men, who say they have long-standing ties to Houston and a desire to serve, have left a trail of public records that raise questions about their individual claims of city residency.


You can read the details of those questions if you want. While I agree this is news, I'm not sure it's front page news, at least not unless someone is going to formally challenge the "technical" legitimacy of their places on the ballot. Where a candidate lives is an issue that generally doesn't rank all that high up for me. It would seem I'm not alone in thinking that, too:

Local political scientists say issues of residency rarely sway large numbers of voters to reject a candidate.

Richard Murray, a political science professor at the University of Houston, said residency is less important in crowded council races. But it can be wielded to attack an opponent in a runoff election.

How much effect such an attack might have also isn't clear.

"Generally speaking, I don't think (voters) really care," said Jon Taylor, who chairs the political science department at the University of St. Thomas. "I could see it in a close race making a slight difference."


Those are the last four paragraphs of the story, which kinda sorta make me wonder again why this was on the front page. And why Bettencourt's "cynical" quote was so much more prominent.

I should note there was a recent election in which the residency question was a big issue. I'm referring to the November, 2005, special election in HD143 to replace the late Joe Moreno. Candidate Laura Salinas, who wound up in a runoff with the eventual winner, Ana Hernandez, made a lot of noise during the campaign about how she was the only actual resident of HD143 in the race. I couldn't say how much that affected people's votes - Salinas and Hernandez are both Democrats, and there wasn't all that much difference that I can recall in their positions on items like education - but the bottom line is that Ana Hernandez is now the State Representative for HD143, and Laura Salinas isn't. Make of that what you will.

Posted by Charles Kuffner
Rick Noriega's Tribute to Sgt. Omar Mora

A Tribute to the Courage of Sgt. Omar Mora
(1979-2007)
A Statement from Lt. Col. Rick Noriega

Yesterday, the greater Houston area lost another of its sons in uniform. US Army Sergeant Omar Mora died in a rollover accident while serving in his second tour of duty in Iraq.

Melissa and I extend our deepest condolences to the Mora family, especially his wife and his 5 year old daughter, as well as to the families of the six other soldiers who died in the accident with him. The rising number of casualties strike a chord in even the most hardened among us, and the loss felt as each soldier passes does not diminish. Omar and his brothers in uniform will be missed, and must be remembered.

Omar honored his parents, staying in contact with them regularly. A good son, he let them know he was safe and looking forward to returning home. Omar followed his mother's advice, and honored his God, never losing his faith. And Omar honored his country, not only serving voluntarily and tackling each task he was assigned, but by having the courage to speak out and voice his opinion that our nation's military presence in Iraq was no longer a war of liberation, but an occupation in the midst of a civil war between religious sects.

Omar voiced his concerns in an op-ed to the New York Times on August 19, written along with six other airborne soldiers ... one who died along with him in the accident, another who was shot in the head and is in critical condition.

It is the right of every citizen to speak their mind, as Omar's brother Roger told the Houston Chronicle -- a right that belongs to civilian and soldier alike, regardless of rank. Voicing one's opinion, especially from a soldier, is very difficult when 'management' is wrong. Omar, and his fellow soldiers had a better understanding of the cultural matrix in Iraq than what gets reported by the media, he had walked the walk. He spoke from experience when they said "we operate in a bewildering context of determined enemies and questionable allies, one where the balance of forces on the ground remains entirely unclear."

There is another manifestation of bravery that for those in uniform is a matter of course, but takes on special meaning among civilians who do not have to follow a chain of command ... the courage to listen. It's time our political leaders listen to the insights of Sergeant Mora, his fellow soldiers, and the reality in Iraq reported by every objective analysis from the bi-partisan Iraq Study Group to the recent GAO reports.

Sergeant Mora and his soldiers concluded their editorial by making clear "as committed soldiers, we will see this mission through." He lived up to his word. Now the challenge lies with the rest of us to listen and bring this mismanaged war to an end.

Because of extended deployments, Sergeant Mora was serving his 2nd tour in Iraq with the prestigious 82nd Airborne Division

(Note: You can read the NYT editorial here. A Houston Chronicle article about Mora, of Texas City, is here.)

Posted by Martha Griffin
Noriega on Cornyn and the surge
Don't think I can really add anything to that. I know I've already mentioned one fundraising drive going on, but as we're approaching the end of the quarter, this stuff grows in importance. The next person to donate to Rick Noriega will put him over $70,000 in ActBlue contributions; we're also less than 40 contributors away from reaching the goal of 800. The best way to change the narrative of this primary, and subsequently of the general election, is for Rick to do well with fundraising. That's also the place where you can help him the most right now. Please donate to Rick Noriega if you can. Thanks very much.
Posted by Charles Kuffner
TexBlog PAC fundraiser

The Star Telegram has a story about the TexBlog PAC, of which I am a board member.


The newly formed TexBlog Political Action Committee will hold its first fundraiser this month in Austin and has tapped five sitting Democratic House members to act as hosts.

"The goal is to get the progressive online community more involved in off-line events, where we can hopefully make a bigger impact on elections in Texas," said blogger Matt Glazer, editor of the Burnt Orange Report and one of the founders of the political action committee. "The reason we're focusing our attention on the Texas House, quite frankly, is that we think it can be flipped to the Democrats in the '08 elections."

Democratic loyalists say the party is well-positioned to pick up the seven seats it needs to win a majority in the 150-member chamber, which has been under Republican control since the 2002 elections. In 2006, Democrats made a net gain of six House seats, and in 2004, they picked up one. The significance of the one-seat gain in '04 was that it was the first time Democrats had increased their number in the House since the early 1970s.

State Rep. Jim Dunnam, who heads the House Democratic Caucus, is one of the hosts for the Sept. 24 fundraiser.

"I think the blogosphere is giving voice to what a lot of ordinary Texans are thinking, and that is that we need a change of leadership in Austin," said Dunnam, of Waco. "I think they are really helpful in spreading the message that it's Democrats who are going to be the agents of change in 2008."


The fundraiser will be held from 6 to 8 PM in Austin at the home of Kurt and Amy Clark Meachum. BOR has the details. If you think we're being a bit too optimistic about next year, consider this:

Just had a conversation with a Republican numbers cruncher. Half of Texas Republicans believe that the country is on the wrong track. The split before the 2004 election was 60-40 "right track." The NC's assessment: "You can't just put any presidential candidate at the top of the ticket and expect to carry the state. Republicans have their work cut out for them."

Maybe even Hillary Clinton won't be able to save them. I'd rather be where we are than where they are right now, that's all I know. In the meantime, if you'd like to help us out now, you can donate through ActBlue. We will have a Houston fundraiser sometime in October/November. I'll let you know as soon as the details have been worked out.

Posted by Charles Kuffner
Goodbye, Humberto

Now-Hurricane Humberto took a right turn last night and hit Beaumont and Louisiana instead of Houston.


Hurricane Humberto blasted Beaumont with wind gusts up to 84 miles an hour this morning after forming suddenly and making landfall in Southeast Texas at about 2 a.m. this morning.

The hurry-up hurricane brought 16 inches of rain to the Bolivar Peninsula in Galveston County just before landfall about 5 miles east of High Island, the National Weather Service reported.

Along with the deluge, Humberto pounded the Chambers and Jefferson county coasts with hurricane-force of winds at 4 a.m. today as the storm made its way through East Texas and into eastern Louisiana.

Besides Beaumont in Jefferson County the storm was beating up Orange County before sunrise today.

[...]

The Category 1 storm came ashore in a sparsely populated area at Sea Rim State Park near High Island, with wind gusts measuring up to 62 mph, meteorologist Jim Sweeney said. Then it headed for Beaumont and other densely populated areas, some of whose residents still are recovering from Hurricane Rita damage

"It's a very compact storm," Sweeney said. The strongest winds are very close to the center of circulation. The hurricane force winds only go about 15 miles."

Houston-area residents were spared 10 inches or more of rain that the weather service predicted for Harris and other coastal counties as the storm turned and strengthened, forecasters said. All tropical weather warnings for Harris and surrounding counties were lifted but a flash-flood warning remains in effect for Chambers County today.

Indeed, the storm, which began as a tropical depression Wednesday morning about 100 miles southeast of Galveston and was quickly declared a tropical storm, had only "minimal" effects in Harris, Galveston and Brazoria and nearby counties, forecaster Michael Blood said today.

"It jogged off to the north-northeast," Blood said. "Most of the heavy rainfall was offshore."

On Galveston Island, the storm dropped only about 4.5 inches of rain from early Wednesday to this morning, Blood said.

[...]

Sustained winds of 70 to 80 mph are expected until 6 a.m. today in Sabine Pass, Port Arthur, Groves and western Cameron Parish near Johnson Bayou and Constance Beach, the weather service said.

Humberto's eastward turn late Wednesday more than likely spared Houston from major flooding, said Blood.

The tropical storm warning for Harris, Brazoria, Fort Bend and Matagorda counties was lifted shortly before 11 p.m. Wednesday.

Rainfall in Harris County is forecast to average less than an inch today, though some isolated southeast portions of the county could see as much as two inches.


Once again, good for us, not so good for someone else. SciGuy has more, including this reminder:

We have learned a couple of things today. First, Humberto provides a good reminder that tropical systems often will do what they want, not what we think they will do. Our ability to forecast hurricanes leaves room for desire, and new research into these powerful systems should be amply funded. Second, any tropical system that makes it into the Gulf has a chance to strengthen rapidly.

Both lessons are important for emergency managers and the general public alike.


Indeed. Humberto came on very quickly, and could have done a lot of damage here under only slightly different circumstances. Make sure you're always ready to prepare for a hurricane, because one can show up sooner than you think.

Posted by Charles Kuffner
More on the upcoming Upper Kirby renovation

After you've finished reading Robin's post about the upcoming work on Kirby Drive north of US 59, be sure to also read Tory's take, which focuses on a dispute between the Upper Kirby District TIRZ and Trees for Houston over how the right-of-way is being divvied up, and the CTC discussion forum, in which various ancillary issues are being raised and discussed. And don't forget the community meeting (PDF) this Saturday. There, I think that's enough homework for now.

Posted by Charles Kuffner
The spread of red light cameras: Sugar Land and Missouri City

It's getting to be that you can't run a red light anywhere around here without zooming past a red light camera.


Sugar Land City Council unanimously voted in June to join Houston and other area cities in installing cameras designed to photograph motorists who run red lights. Citations are then mailed to violators.

Meanwhile, officials in Missouri City, the county's second-largest municipality, are studying the possibility of installing red-light cameras at high-volume intersections.

"We are in the process of examining it. I expect to give a recommendation to the city manager next month," said Police Chief Ron Echols.

Echols said although the study has not been completed, he is inclined to wait before deciding on red light cameras.

He said motorists who often drive in Houston and Sugar Land will be more cautious when approaching traffic signals because they know those cities have the red light cameras.

"People don't often know if they are in Sugar Land, Houston or Missouri City," he said.

And, Echols said many people believe the red light cameras have already been installed at certain Missouri City intersections.


I think that perception is pretty widespread. Some months ago, a woman posted to an email list I'm on asking about what she should do when she got the ticket she was expecting for running a red light at Shepherd and Dallas. I pointed out to her that the camera she saw above the light was not a red light camera - it's there to optimize light timing and traffic flow. She was blown away by this - she'd thought all those cameras were there to snap red light violators. I figure she's not alone in that.

Sugar Land officials had hoped to have the system operational this month, said Police Chief Steve Griffith, but the city is still working on an agreement with the Texas Department of Transportation.

"Basically it's just an agreement that says we (Sugar Land) are responsible for the operation, maintenance, anything to do with the cameras," he said.

He said once the agreement is finalized, installation will only take a few weeks.

Griffith said the cameras will be placed at four intersections: Texas 6 and U.S. 59; Lexington and Texas 6; Williams Trace and U.S. 59; and Eldridge and West Airport.


There's a sidebar link with a map of the soon-to-be-enabled locations. Drive appropriately.

Posted by Charles Kuffner
September 12, 2007
Hello, Humberto

Boy, this sure developed in a hurry.


Tropical Storm Humberto is expected to reach shore late tonight just south of Galveston, dumping heavy rain from Victoria to eastern Louisiana.

Some spots along the upper coast could receive 10 inches or more of rain by tomorrow, forecasters said. They hope the storm moves quickly to minimize rain totals in isolated areas.

"It's a slow moving storm," said Gene Hafele, meteorologist with the National Weather Service. "But we don't think it'll stall out. It should move steadily inland."

[...]

The storm is expected to creep ashore between Freeport and Galveston near midnight, Hafele said. He said rain, high winds and rough seas are already lashing coastal areas. Hafele said rain would stretch as far south as Victoria, but be concentrated between Sargent and the Sabine River.

The storm has sustained winds of 50 mph with high winds extending 60 miles from the center, according to the National Weather Service. The slow-moving storm is 50 miles south of Galveston and moving north at about 7 mph. It is expected to turn slightly north-northeast during the next 24 hours. A tropical storm warning is in effect from Port O'Connor to Cameron, La.


SciGuy, as always, has the most thorough and concise information. The main piece of good news is that despite all the rain we've had this year, the last week or so has been dry enough that an Allison-like event is very unlikely. Of course, that still leaves a lot of room for bad stuff to happen. Read SciGuy and see for yourself what we can probably expect.

Posted by Charles Kuffner
Gone

And the River Oaks Shopping Center is officially gone:




There was a small remnant of the old Black Eyed Pea this morning, but it didn't last the day. Here's a view from the rear:



You can see the River Oaks Theater behind the crane. Let's hope that isn't foreshadowing.

Posted by Charles Kuffner
Chang named District Clerk

As predicted, the District Court judges have named Assistant County Attorney Theresa Chang to be the replacement for outgoing Clerk Charles Bacarisse.


The county's state district judges unanimously backed Chang, who heads the county attorney's compliance division, over three others following several divided votes.

Under state law, a replacement had to have the judges' unanimous support, and all 59 of the county's state district judges had to vote. Judge Levi Benton made Chang the winner when he flew in from a Hawaiian honeymoon and cast his vote for her.

"A good clerk can help run the courts smoothly," Chang said. "It will be a new challenge for me, and I am very excited about that."

Chang will be sworn in today after Commissioners Court establishes a bond in her name, as is required under a state law.


As we've discussed before, she will serve until November, 2008, at which point there will be an election to fill out the remaining two years on the term, which barring anything strange should be a matchup between her and Loren Jackson. My congratulations and best wishes to Theresa Chang on the new job. May you use your time in office to focus on the task you've been given, and not on divisive partisan politics.

Posted by Charles Kuffner
The Chron on Weingarten and preservation

The Chron editorializes in favor of preserving the River Oaks Theater and the Alabama Bookstop.


Since the city has no stick with which to force the owner to preserve the buildings, the mayor is offering carrots in the form of abatements on city taxes and praise for Weingarten's previous maintenance of the original configuration of the River Oaks Shopping Center. He's twice tried to persuade company Chairman Stanford Alexander that there is a commercial formula that would make preserving the theater buildings economical. "If investors are willing to put their money where their mouths are on preservation," the mayor said, "then I believe Weingarten should consider those proposals."

While the public company has an obligation to investors to earn a good return, its officials should also take into account that the original architecture of the theaters and their historical designation have commercial value that an appropriate tenant could exploit. The break on city taxes is also a part of the financial equation that justifies preserving the buildings.

Although some activists are urging a boycott of future tenants if the theaters are razed, once they are demolished protests would be quickly forgotten. Far more effective would be a concentrated effort by local builders, developers and investors to come forward while there is still time with concepts that would incorporate the structures into new developments on the sites.

Like the ongoing effort to redevelop the Astrodome into an upscale convention hotel while maintaining part of its "Eighth Wonder of the World" history, it will take intensive planning and negotiation to save the theaters. For Houstonians with the foresight, means and motivation, the opportunity is there to practice historic preservation.


As one of the "activists" who is urging such a boycott, I'm fully aware, and have been all along, that this was always little more than a symbolic gesture. While I certainly plan to stick to my pledge, and I figure most of the Facebook group members will as well, I have no way of knowing or enforcing it. You can't make anything happen with that kind of low-level organization - all you can make is an ephemeral statement. It would be nice, and no doubt loads more effective, if the local builders, developers, and investors were to come forward as the Chron urges. I have no idea if the likelihood of that taking place is any greater than the likelihood of my Facebook group registering on Weingarten's radar.

While it's true that the city currently has no stick to wield with Weingarten, it's not like no such stick exists. I've suggested one possible approach. You can of course agree or disagree with that suggestion; my point is simply that something could be done if the Mayor and the Council wanted to do it. I find it a bit curious that the Chronicle didn't address the matter of what (if anything) the Mayor could or should do to add a stick to the carrots. Inferentially, it seems they support his efforts to lobby Weingarten behind the scenes. That's all well and good, but it would be nice if they made their preferences more explicit. What's Plan B if persuasion doesn't work?

Finally, I'm not so sure that the Astrodome Redevelopment project is the best comparison to make. The situations aren't really all that similar - while the Dome is basically a white elephant that's costing the county money, the two theaters are now and have been for awhile successful businesses. The Dome will require a huge amount of money to be saved in some form, which may be an exercise in futility anyway, while all the theaters need is for Weingarten to do nothing. I appreciate the sentiment, but there's got to be a better parallel to draw.

Posted by Charles Kuffner
Meet The Candidates In Clear Lake Tonight

Yes, Clear Lake is in the City of Houston and in Harris County. And, contrary to "urban legends" (take that Mike Griffin), it's not the center of the red universe that it once was. The Clear Lake area has turned purple and candidates and grassroots activists have figured that out - and made that happen. Political consultants have been slower to catch on, but they are surprising themselves when they put pencil to paper and crunch the numbers.

So, why not experience some of that Clear Lake goodness for yourself tonight and attend the Bay Area New Democrats fun-raiser for a meet the candidates opportunity. It's at Franca's Italian Restaurant, 1101 NASA Rd One, 6 pm until around 8:30 pm. A $25 donation gets you free pizza, cash bar and the opportunity to hear from Nick Lampson, Joe Jaworski, Sherrie Matula, Susan Criss and Melissa Noriega. Plus, many other area candidates will be in attendance. A large crowd is expected.

Also, Nick Lampson is hosting a town hall meeting tonight in Clear Lake, starting at 6:30 at Ward Elementary, on missing and exploited children. Congressman Lampson will speak, as well as Houston City Council Member Melissa Noriega, Nancy McBride of the National National Center for Missing & Exploited Children, Bob Smithers of the Laura Recovery Center, Beth Alberts, President and CEO of the Texas Center for the Missing and Officer Richard Rodriguez from the the Houston Police Department "Child Lures" Program. There will be a question and answer period.

Posted by Martha Griffin
Interview with Joe Trevino

Continuing with my series of interviews with City Council candidates for the November election, today I bring you Joe Trevino, who is running for the open At Large #5 seat. Trevino is a retired educator - he's been a principal and a superintendent of schools of the Southeast and North-Central Districts - and it turns out, a neighbor of mine, something I discovered a few weeks ago. The Kuff's World post is here, and the interview is here in MP3 format.

PREVIOUS INTERVIEWS:

Zaf Tahir - At Large #5 - MP3

Posted by Charles Kuffner
More on Bradford v Rosenthal, the Sequel

Grits takes a closer look at the upcoming Harris County DA campaign and sees a good chance for former HPD Chief C.O. Bradford to knock off Chuck Rosenthal. He also reminds me of another good issue that Bradford could use to drive a wedge between Rosenthal and his supporters:


When the Texas Legislature passed a law in 2005 allowing law abiding Texans to carry a handgun in their car, the Harris DA was the first to defy them, announcing he'd continue to prosecute gun owners under the old standard. The Lege came back in 2007 and trumped him with stronger protections for gun owners in their cars.

Bet that'll play well in certain circles. The beauty of it is that it won't matter if Bradford himself has ever expressed an opinion on gun laws. All he has to do is say something like "My own personal feelings on this aren't what's important. My job is to enforce the laws as the Legislature writes them, not pick and choose based on my opinion of what they say. Chuck Rosenthal has an established history of deciding that his opinion matters more than the Legislature's. That's not how I'll run that office." Pretty straightforward, really.

This line of attack is not completely foolproof, since there's also the matter of prosecutorial discretion, which is another area in which Ronsethal is demonstrably weak. But that's more a matter of deciding whether the evidence at hand is good enough to take to court than whether or not a law should be respected. And it's still all of a piece having to do with Rosenthal's judgment as DA. All I'm saying is that Bradford will have ample opportunity to put Rosenthal on the defensive if he chooses to do so.

Posted by Charles Kuffner
Ya no puede caminar

I confess to being somewhat ambivalent about Stace's call to action regarding the comic strip La Cucaracha, which has disappeared from the dead-tree edition of the Chron, though it's still online. It was never a regular read for me, though I was enjoying its recent focus on immigration. On the other hand, the strip that replaced it - I can't even remember the name - has pretty much nothing to recommend it. Generic art, lame gags, indistinguishable characters - at least La Cucaracha was distinctive and had something to say. Frankly, on those grounds alone, it's worth your time to visit Lalo Alcaraz's MySpace page and help him lobby the Chron for reinstatement. I generally think the Chron's comic pages are very good, but more effluvia like the penguin strip they don't need.

Oh, and in case you're wondering where the post title comes from, it's from the song.

Posted by Charles Kuffner
King v Kenedy, still fighting it out

Yet another update in the King v Kenedy battle over wind farms, which last we visited here.


Environmental groups will appeal a judge's ruling that denied a public hearing into construction of a transmission line for two proposed wind farms planned in Kenedy County, attorneys said Monday.

Friday, a state judge denied the Coastal Habitat Alliance's request for a public hearing into the construction of a transmission line that would carry electricity from two proposed wind farms planned south of Baffin Bay.

The coalition of groups that includes the King Ranch, the American Bird Conservancy and the Lower Laguna Madre Foundation "expressed extreme disappointment" but will appeal to the Texas Public Utility Commission, attorneys said.

The group has "standing to argue for the protection of one of the world's most unique natural habitats as well as the preservation of thousands of migratory birds, many of them government-protected species," Jim Blackburn, a Houston attorney representing the group, said in a press release.

In his decision, Judge Michael Field ruled a public hearing was not "the appropriate forum for that review."

"None of the (group's) members own land that will be crossed by the proposed (project)," Fields wrote in his ruling. "The (group) has shown no direct affect of this proposed (project) on any of its members."

The Kenedy Foundation called the ruling a victory for private property rights.

"I'm glad to see the integrity of government despite the (influence) of the King Ranch," said Marc Cisneros, chief executive officer of the Kenedy Foundation in Corpus Christi.

[...]

The companies plan to build the wind farms about seven miles west of the Intracoastal Waterway, south of Baffin Bay, Cisneros said.

A two-year study monitored radar that showed the site did not lie along the migratory flyway, Cisneros said.

But environmentalists argued that the 400 feet tall wind turbines would stand along the major flyway used by migratory birds across much of the Western Hemisphere.


I agree that migratory birds are the issue here, and I respect Jim Blackburn, but this fight was not about the wind turbines, it was about transmission lines. You're going to have a hard time convincing me that such things pose a serious threat to birds; if they do, we're in deeper doo-doo than this. And frankly, given the history of this fight so far, I don't trust the King Ranch. So color me very skeptical of this.

I've got the Coastal Habitat Alliance's press release beneath the fold. You can judge for yourself. I'd like to see every reasonable effort made to protect the migratory birds, but this particular suit strikes me as more of a delaying effort than anything else. I favor the development of clean energy such as wind, and I'm rooting for the Kenedy Ranch to succeed. We'll see how it goes.

The Coastal Habitat Alliance -- a coalition of nine Texas-based and national organizations working to preserve the Texas Gulf Coast -- today expressed extreme disappointment at a state administrative law judge's denying the group's intervention in an industrial wind project case currently before the Public Utility Commission (PUC) of Texas. The ruling could allow the construction of a 21 mile 345 kV transmission line to serve a 600-turbine industrial wind project located within the Laguna Madre coastal region, without a hearing to examine the potential impacts from the line to migratory birds, bats, butterflies and other species, nor is there likely to be a hearing to examine the compliance of the transmission project with the protection of the sensitive coastal region under the Coastal Management Program. The CHA says it will definitely appeal the ruling. Members remain hopeful that PUC Commissioners will choose to hear their concerns, regardless of the judge's decision, before letting the project move forward. "I believe that this ruling is legally incorrect ," said Jim Blackburn, attorney for the group. "The members of the Coastal Habitat Alliance are directly affected by the proposed transmission line due to the ecological and economic impacts of the transmission line. This ruling denies the Commission extremely valuable resources and information to assist the Commission in its review of the proposed project. The Coastal Habitat Alliance members are uniquely tied to the area to be affected by this proposed transmission line. They have standing to argue for the protection of one of the world's most unique natural habitats, as well as the preservation of thousands of migratory birds -- many of them government-protected species. We intend to argue this issue to the Commission and to the Courts if necessary." The Coastal Habitat Alliance (CHA) was formed to protect the migratory flyway of the Texas Gulf Coast and related coastal habitat from the devastating ecological effects of the proposed Kenedy County industrial wind project. The project as proposed would include a 21 mile high voltage transmission line, 600 wind turbines, and the roads and other infrastructure necessary to support and maintain them, all built in the ecologically precious Laguna Madre area and directly in the path of millions of birds -- including raptors, shorebirds, wading birds and neotropical songbirds -- who migrate through the area twice a year to breeding and wintering grounds. "This isn't about wind power -- we fully support the development of renewable energy resources for Texas," said Winnie Burkett, of the Houston Audubon Society. "But to locate presumably 'eco-friendly' industrial wind projects where they're going to do irreparable damage to wildlife and habitat is unconscionable. Because of the location of this project, the proposed transmission line and associated project will do more environmental harm than good -- and we just can't believe that's the policy our state leaders want to support." "The birds that will be maimed, the wildlife that will be displaced and the habitat that will be razed by this project can't speak for themselves, so we just want to make sure their 'voice' is still considered," said David Newstead, President of the Coastal Bend Audubon Society. "We're sure the PUC is as interested in Texas' ecological and economic well-being as we are. The Commissioners earned their leadership positions through their experience and wisdom, and are not known for just rubber-stamping projects. All we're asking for is a careful and complete analysis of this industrial wind project. CHA also announced significant additional support in its fight to protect unique gulf coast habitat from irreparable harm. Three additional organizations have joined the alliance and three major environmental groups have written letters of support for CHA's request to intervene. The new members are The Galveston Bay Conservation and Preservation Association, the Audubon Outdoor Club of Corpus Christi and the Matagorda Bay Foundation. Additionally, three leading environmental groups have submitted letters of support for CHA's motion to intervene at the PUC. In the letters, Environmental Defense, the Nature Conservancy and Audubon Texas all echoed CHA's main message: Support wind energy, but not at the expense of native wildlife and natural habitat within Texas' ecologically unique Laguna Madre coastal region. "Environmental Defense ... strongly supports the development of renewable energy sources, including wind, when properly sited to minimize ecological damages," wrote Mary Kelly, Co-Director of Land, Water and Wildlife for the national organization. "We realize this can be complicated by the lack of siting guidelines for such projects, but we do not believe that precludes a thorough analysis of these issues by the PUC." "The Nature Conservancy supports renewable energy such as wind power, as long as it minimizes ecological damage," wrote Carter Smith, Texas State Director for the organization. "[But] the Laguna Madre region of the coast provides habitat for an array of plant and animal species ... [and] is home to several endangered species, including aplomado and peregrine falcons, reddish egrets, ferruinous pygmy owls and ocelots." About the Coastal Habitat Alliance The Coastal Habitat Alliance (CHA) is comprised of nine Texas-based and national organizations committed to protecting the migratory flyway of the Texas Gulf Coast and related coastal habitat. CHA members are: · American Bird Conservancy - A nonprofit organization working to conserve wild birds and their habitats throughout the Americas. · Armstrong Ranch - A 50,000-acre ranch located wholly within Kenedy County, Texas, with a primary focus on wildlife and ranching. · The Audubon Outdoor Club of Corpus Christi - A nonprofit organization dedicated to encouraging and perpetuating the observation and conservation of wildlife. · Coastal Bend Audubon Society - A group working to protect avian species throughout the Coastal Bend region, which includes Kenedy County, Texas. · The Galveston Bay Conservation and Preservation Association - A non-profit organization made up of private citizens who are working to keep the Bay waterways and adjacent land areas suitable as a recreational and living environment. · Houston Audubon Society - A nonprofit organization working to promote the conservation and appreciation of birds and wildlife habitat. · King Ranch, Inc. - A 825,000-acre ranch and Registered National Historic Landmark, with a primary concentration on ranching, agriculture and recreationally oriented wildlife management. · Lower Laguna Madre Foundation - A nonprofit organization working to protect the living resources of the lower Laguna Madre, located along the Gulf Coast.

· Matagorda Bay Foundation - Matagorda Bay Foundation is a nonprofit organization dedicated to the preservation and protection of Matagorda and San Antonio Bays.



For further information, please visit www.coastalhabitatalliance.org

Posted by Charles Kuffner
September 11, 2007
More grumbling about the HISD bond vote

More negative feedback for HISD regarding its bond proposal.


Residents of Acres Homes and other predominantly African-American neighborhoods said Monday they won't support the Houston school district's $805 million bond issue if the schools in their communities remain earmarked for closure and if renovations at other campuses remain underfunded.

Some of the 200 residents who attended Monday's town hall meeting vowed to organize a voter registration drive to make sure their voices are heard in the Nov. 6 election.

"We no longer will sit by and watch one more time," City Councilman Jarvis Johnson said. "Acres Homes alone will not defeat this bond. Fifth Ward alone will not defeat this bond. South Central alone will not defeat this bond. Collectively, we will come together and send a strong message."

The bond, the third HISD has asked for since 1998, would build 22 new campuses and repair 128 others. It would also provide $90 million for security upgrades and build new science labs at secondary schools.

But Acres Homes residents said their schools are getting shortchanged. The more than 110-year-old Booker T. Washington High School campus, for instance, would receive only $3.7 million for renovations, making it difficult, they said, for the 930-student campus to compete with newer schools in the area.


Issues similar to these were raised during the debate between Natasha Kamrani and State Rep. Sylvester Turner at last week's HGLBT Political Caucus meeting. The parents and neighborhoods have made their concerns clear. It's up to HISD to respond in a way that convinces them to support the bond proposal.

If the bond passes, [HISD Superintendant Abe] Saavedra said Monday that he'll try to find a way to keep Osborne Elementary open.

He said he also plans to make other adjustments to the bond based on feedback he's received during a recent series of community meetings.


We'll see if that's enough.

Posted by Charles Kuffner
Lampson, Al Green, Jackson-Lee And Others Comment on Bringing The Troops Home

The Houston Chronicle got the reaction of local lawmakers to the Petraeus and Crocker testimony on Capitol Hill this week - and how they view bringing the troops home:

Congressman Nick Lampson is up first (he's going to hear from me early and often on this):

In an arena where the legislative battle lines have been drawn mostly along partisan boundaries -- Democrats pressing for troop withdrawal deadlines and benchmarks, Republicans against them -- only one of the Texans appeared to fit in neither camp.

Rep. Nick Lampson, a Stafford Democrat, is working with both parties to find common ground.

"There are those who advocate an immediate withdrawal from Iraq. And there are those who want to send in more troops and continue with an open-ended commitment," Lampson said in a prepared statement. "Somewhere in the middle exists a practical and realistic solution that honors the commitment and sacrifice of our troops. That is type of solution I will support and work towards."

Lampson, one of the GOP's top targets for defeat in 2008, declined to discuss his efforts further. Thus far, he has not broken from the Democratic leadership on Iraq votes.

Next up is Congressman Kevin Brady:

With congressional Democratic leaders deeming inadequate Petraeus' plan to withdraw 30,000 troops by next summer, Rep. Kevin Brady, R-The Woodlands, predicted Democrats would force another funding battle to reduce U.S. involvement in Iraq.

Congressman Al Green:

But Rep. Al Green, D-Houston, credited Democratic resolve for the Bush administration's move to begin bringing troops home. "I am absolutely convinced that we are doing the right thing. We must not relent. We must be more resolved to continue to press for bringing our troops home -- not in an irresponsible way but as soon as is practicable and is safe for them to return home," Green said.

And, here's Congresswoman Sheila Jackson-Lee:

Rep. Sheila Jackson Lee, D-Houston, dismissed Petraeus' proposed drawdown as well short of the exit strategy she and others seek.

"The administration is trying to follow the wishes of the American people and the U.S. Congress, but in a nickel-and-dime manner," said Jackson Lee, the only Houston-area member in the House Out of Iraq Caucus that has lobbied for troop withdrawal. "As I stand here today, I want a defined time for our troops to return. I want a planned exit strategy."

Jackson Lee dismissed the idea that the departure of 30,000 troops could take some of the wind out of congressional Democrats' efforts to force a final withdrawal deadline.

Congressman Mike McCaul:

But Rep. Michael McCaul, a Republican who represents western Harris County, said the drawdown -- and the success of the surge -- could buy the administration more time for its strategy in Iraq. "I think the results coming in have given the American people a sense of optimism that we can achieve our goals over there," McCaul said.

Congressman Gene Green:

Rep. Gene Green, D-Houston, disagreed. Though he praised Petraeus, the military and Crocker for their efforts, Green said: "The overall picture in Iraq remains one of instability and of a government not willing to make the necessary political to move its country forward.

Senator Kay Bailey Hutchinson:

"We cannot walk away from our goal of a stable Iraq because of political expediency," Hutchison said Monday.

Who couldn't be reached for comment?

The offices of Rep. Ted Poe, R-Humble, and Rep. Ron Paul, Lake Jackson, the only GOP presidential candidate who opposes U.S. involvement in Iraq, did not return calls. Rep. John Culberson, R-Houston, was unavailable for comment.

For my take on Texas' junior Senator John Cornyn's performance at the Senate Armed Services Committee hearing today, you can read my post on musings. I think it's pretty clear where he stands.

For me, I like what Sheila Jackson Lee and Gene Green are saying.

Posted by Martha Griffin
Ron Reynolds update

Hal noticed my earlier post regarding Ron Reynolds, who is going to run a Democratic primary challenge to State Rep. Dora Olivo, and wanted to clear something up:


Reynolds told me at Saturday's Democratic Party function that he indeed had been approached by the Craddick camp about running against Dora Olivo, offering him support from The Speaker's deep pockets. Ron turned them down flat. Ron said that he was definitely not going to be supporting The Speaker, that he was a progressive Democrat like Dora, but that they differ on a few issues. Issues we have already mentioned before. He also re-emphasized to me his desire to help other Democrats win in their races. [I had a John Kerry sign on my lawn in '04. I'll bet Ron did, too.]

So let's not let that one rear its ugly head.


I had mentioned that Olivo's 2006 primary challenger was alleged to have had ties to Craddick, a charge for which Richard Morrison offered evidence in the comments to that previous post. It was absolutely not my intent to imply in any way that Reynolds was a Craddick-D-wannabe, and I should have made that more clear. My apologies for any confusion I may have caused.

I confess to some ambivalence about this. I've heard good things about Ron Reynolds, and I hope to get a chance to meet him soon so I can see for myself. I daresay he and I have the same differences on issues with Rep. Olivo, and all things considered I'd rather have someone who agrees with me on those things in the House than not. On the other hand, there are a lot of people I know and respect who are firmly in Olivo's camp. She's very solid on other lower-profile, less hot-button but still vital issues where some other progressive Dems have been known to wander off the reservation. I think that needs to count for something.

So this is looking like a tough choice to make between two good candidates. May the debate be vigorous but clean, and may the best person win.

UPDATE: Should have linked to Hal's post about that Saturday function, too.

Posted by Charles Kuffner
District Clerk appointee to be named today

The word I'm hearing from anonymous sources is that today is the day that the district court judges are going to pick their replacement for Charles Bacarisse as District Clerk. I'm told that they want the replacement to be an attorney. That description only fits Teresa Chang, so she would appear to be the frontrunner among the four hopefuls. If she (or anyone) is chosen unanimously, then she gets to serve until November of 2008; if it's a split decision, we may get to vote on it this November. Either way, that person will face Loren Jackson on the Democratic side. Jackson of course is an attorney, so perhaps that's a factor in the selection of Chang - one less bullet point on the campaign literature.

Anyway. I don't know when exactly this will happen, but it's apparently happening today. Stay tuned.

UPDATE: I have now heard that it will be Chang. Still waiting for an official announcement.

Posted by Charles Kuffner
My visit to the Center

As I mentioned before, I had the opportunity last week to take a visit to the Center Serving Persons with Mental Retardation and get a tour of the facility from its executive director, Eva Aguirre. The first time I ever wrote about this, I said I'd been driving past the place for years without ever knowing anything about it. Even after these past few eventful months, I've felt like there was a big gap in my knowledge about it. So I was really looking forward to learning more about it.

I don't know quite what I expected going in. I think what I had in mind was that the place was first and foremost a home for folks with mental retardation. But that's not quite true, and with the announcement of the Center's opening some group homes in the Houston area, it's even less true than before. The Center's biggest function, as Melanie Markley describes in her Labor Day weekend story, is an adult daycare and education center for folks with mental retardation. Part of the facility is for people who are medically fragile and need constant care. The Center allows the people who take care of these folks - parents, siblings, whoever - to leave them at a safe place where their needs can be met so they can continue to work. The alternative would be for the caretaker to be by their side pretty much 24/7.

That's a relatively small group, and they are separate from the larger community, who have access to all of the Center's other facilities, including the beautiful grounds, which are maintained by members of the Center's community. There are classes in life and job skills, various forms of employment such as soda can processing and furniture restoring (see the Chron story for details), and a variety of social activities such as day cruises and casino trips. I use the word "community" here purposefully, because it's immediately and abundantly clear from visiting that that's what the place is for its residents and daily inhabitants. Frankly, in many ways it felt like being on a college campus.

Which brings me to the residence hall, whose lobby felt so much like a college dorm I half expected to see someone at a table doing calculus homework. Perhaps the main way in which my expectations, whatever they were, about the place were off-target was when I asked Ms. Aguirre if there was a long waiting list for a spot in the residence hall. I figured there's only so many rooms, and most of these folks were here for the long haul. But no, there's no waiting list at all. It's the daycare programs where demand is exceeding supply. The deal with the city, which put the Center back on firm footing and which gave it full control over its destiny, is enabling them to look at ways in which it can expand those offerings - see my earlier discussion with David Baldwin for more on that. As for the residence hall, while its many inhabitants consider it home, there's a lot of interest in the new group homes, which the Center sees as a real growth opportunity for the future.

Another thing I don't think I really appreciated before my visit was the Center's uniqueness within Houston. I suppose I'd thought that a city this size would have more than one place like that to deal with what must be a fairly large population of people with mental retardation. But no, not according to Aguirre. While there are many other programs and services for this population, as well as many other group homes, there's nothing that does what the Center does. This is partly due to the Center's original purpose of being a resource for children, who at the time were not permitted in the public education system. The Center changed its mission when the schools took over that role, and they remain on the forefront of that kind of service.

I came away from my visit really impressed by the Center and its people, and just generally feeling good in knowing that they're there and they're doing what they do. They're excited about their future, and it's hard not to share the enthusiasm. The road they took to get where they are was long and arduous, but they couldn't be happier about where they ended up. "At one point, when things were looking bad, someone said to me 'Wouldn't it be great if we could just own the land we're on?'" Aguirre told me. "We hadn't ever thought that was a real possibility." Now the only thing left for them to do to fully realize the rest of their dreams is to raise enough money to make them happen. I have faith they'll do that, and I plan to do my little part to help. I hope you'll learn more about the Center, too, so you'll want to be a part of that as well.

Posted by Charles Kuffner
Books by people I know

Technically, John Anderson isn't someone I know, since I've never actually met or spoken with him. But he's the cousin of my buddy Michael Croft, and that's close enough for me. His book is called Follow the Money, and it's about the migration of Texas politics to Washington, DC, after the election of George W. Bush. It got a nice review in the Statesman over the weekend, and for those of you in Austin, he's going to be at Book People tonight (details here). Check it out.

Someone I definitely do know personally is New Orleans food writer Pableaux Johnson, though I knew him as Paul Johnson back when we were both students at Trinity. His book is called ESPN Gameday Gourmet, and according to the Houston Press, it sounds like the sort of recipes I could get my head around. If you like this sort of thing, then this is probably the sort of thing that you'll like.

Posted by Charles Kuffner
Everything you wanted to know about Kirby Drive reconstruction

I think now I know why Robin doesn't post all that often on her blog: Because when she does post, it's big, and packed with all kinds of useful stuff. In this case, it's about the reconstruction plans for Kirby Drive north of US 59, which is to say it picks up where the Kirby Storm Sewer Project leaves off. You should read the whole thing, as it's well worth your time, but if you do nothing else, be aware of this:


The Upper Kirby District will host a community meeting (PDF) on Sat Sept 15 from 9:00 to 11:00 am at their offices at 3015 Richmond at Eastside. If you have an interest in Kirby's future, please plan to attend.

Check it out.

Posted by Charles Kuffner
How will the Woodlands govern itself?

I don't claim to know how The Woodlands governs itself. After reading this article, I'm still not sure that I understand it. Besides, as someone who's always lived in a big city, the idea of there not being some kind of Mayor and City Council is a little weird to me. But hey, it works for them, and that's what matters.

I figure the propositions to change their structure of governance to comply with the terms of the agreement with the city of Houston regarding annexation will pass easily enough, but I got a bit of a chuckle out of this paragraph:


A special tax district would allow The Woodlands Development Company to protect its investment and continue building without any local municipal restraints, say those opposed to expanding the district.

You mean things will be as they've been before? Call me crazy, but given the popularity of the Woodlands, that would seem to be a feature, not a bug. You might want to consider offering a different reason for voting against the referendum, is all I'm saying.

Posted by Charles Kuffner
Texas blog roundup for the week of September 10

A new week is here and that means it's time for another edition of the Texas Progressive Alliance's Blog Round Up. This week's round-up is brought to you by Vince from Capitol Annex. Click on for the highlights.

Do You Ever Feel Like Cassandra? Gary Denton at Easter Lemming Liberal News is beginning to feel like Cassandra again over Iran. Condemned to know the future but unable to convince others to prevent it.

Port Arthur gets shipped several hundred thousand gallons of a waste byproduct of the chemical nerve agent VX or incineration, and PDiddie at Brains and Eggs reveals that neither a federal judge nor the TCEQ nor Rick Perry did anything to stop it.

Over at Three Wise Men, Nat-Wu notes that, whether or homosexuality is a choice or not, everyone deserves the same rights.

Blogging and the University of North Texas Democrats' site, Adam Silva of Three Wise Men notes that pundits are over-analyzing polls in the 2008 presidential race.

Hal at Half Empty blogs about some hot water Senate Candidate Mikal Watts got into over a letter he wrote to another attorney talking about contributions to judges.

Stace Medellin at Dos Centavos reports on a recent Democratic event held in a Houston suburb (Kingwood). Along with several locals running in the 2007 Houston city council election, the event attracted several more judicial candidates running in 2008, including Texas Supreme Court Place 8 candidate Judge Susan Criss.

In one of his information packed open threads on Texas Kaos, lightseeker notes that T Boone Pickens is stacking the deck in Roberts County to suck up water rights.

McBlogger at McBlogger has an update on the toll roads in the Austin area and urges those on CAMPO to think about what they are doing carefully and advises them to not burden taxpayers with the most expensive method of financing road construction.

WCNews at Eye on Williamson wonders if the "conservative" WCGOP and Craddick are going soft and will they let Rep. Mike Krusee go without a primary challenge from the right, in Will Craddick Let Krusee Go Unpunished?

At Bluedaze, TXsharon tell us about yet Another Republican Sexual Pervert.

Off the Kuff takes a look at the upcoming battle for Harris County DA between incumbent Chuck Rosenthal and former HPD Chief C.O. Bradford.

Bradley Bowen of North Texas Liberal tells us about the excitement at a Hillary Clinton event in DC -- the crowd was moved and motivated, and Sen. Clinton is in it to win it.

Could Be True at South Texas Chisme notes that a polluting refiner gets only a teeny, teeny, tiny slap on wrist. Oh, why did they even bother. Just taking the time of a minimum wage clerk to file the darn thing would cost more than the fine does.

Vince at Capitol Annex discusses the race of a "Craddick D" down in House District 40 (Aaron Pena) and offers his opinions on the blogging legislator's chances in a contested primary.

Posted by Charles Kuffner
September 10, 2007
Rick on FDL

As promised, Rick Noriega addressed the issue of the blog story and answered questions at Firedoglake today. Some people accepted his apology and explanation, some remained skeptical, some others fell in between. In the end, the story was Rick said something ill-considered, some people understandably took offense, Rick owned up to it and gave the people who had a grievance a chance to ask him about it, and most people came away basically satisfied. Which is why we who have been his biggest supporters all along were comfortable standing by him in this - we knew he'd be the standup guy that he is and do what he needed to make it right. I love it when a plan comes together.

So, I got nothing more on this. All I can say is that if this is the worst thing that happens by or to the campaign, Rick will be elected in a landslide. Moving on...

Posted by Charles Kuffner
Behind the scenes with the River Oaks preservation efforts

This story about the behind-the-scenes efforts to delay or deter the demolition of the River Oaks Shopping Center is interesting, but not particularly instructive. To me, the whole crux of the matter is at the very end:


In the end, Weingarten executives seemed rigidly focused on the company's bottom line and unswayed by appeals to sentiment or nostalgia, preservation leaders said.

Weingarten CEO Drew Alexander told the Chronicle a year ago that the company was considering demolishing the two theater buildings but was open to any alternatives that would make sense financially. Weingarten executives consistently have cited their responsibility to generate the highest possible returns for shareholders. White believes Weingarten could capitalize on the theaters' distinctive architectural features to increase the properties' value.

The mayor said he twice had discussed the theaters' future with Weingarten's chairman, Stanford Alexander.


Obviously, Weingarten, like any company, is going to focus on their bottom line. In doing so, they've made certain assumptions about the costs of demolishing icons like the River Oaks Theater and the Alabama Bookstop, and have (apparently) decided that the financial benefits outweigh those costs. At the very least, even if the future of those two structures can still be considered to be up for grabs, they made that calculation about the River Oaks Shopping Center.

What that means is that the only way to steer them off the path we all dread they're heading down is to force them to change their assumptions in a way that alters the financial outcome for them. I see two possible ways of doing that. One is the public pressure route, which is basically what's been done and is still being done. This is tricky, because you can't really apply pressure to Weingarten directly. They don't sell to the public, so the public can't threaten to stop buying what they offer; boycotting their tenants may eventually cause them some problems, but at an unacceptably high cost to those tenants, who are innocent bystanders to this dispute. The best you can do is make it known to those who may choose to do business with Weingarten that the public will stay away in droves from them. That's the point of my little Facebook group, though obviously it's nowhere near enough on its own. Weingarten expects that the new developments it puts up will attract high-end (and high-rent-paying) tenants. If they have a hard time finding such tenants, or if those tenants have reason to believe they won't do as well as they'd thought, then that equation doesn't work out for Weingarten.

The problem with such actions is that it's difficult to maintain focus, and it's hard to quantify how much such a thing might theoretically cost a business that hasn't even opened its doors yet. You can hope to inflict a few cases of cold feet, but that's pretty nebulous, and the sort of thing an entity like Weingarten can easily choose to ignore. So the second approach is one that makes such increases in cost more concrete. Basically, take the carrot that we've already got in place - tax abatements for sites designated as historic - and turn it on its head by imposing a significant tax penalty for the demolition of a historic site. You can build some exceptions in there if the site is structurally unsound and incapable of being restored, but for the most part if you want to tear down something with historic value, it's gonna cost you. If that's the language Weingarten is talking, then perhaps it's time to respond in kind.

I don't know how successful such a proposal would be with the Mayor and the Council. Unlike the tax abatement ordinance, this is more direct involvement by the city government in the affairs of businesses like Weingarten. There are a lot of people who will have a problem with that, and they have clout. I think this is a perfectly valid approach, and is consistent with the carrot, in that they both recognize the inherent value that historic structures have. This way just takes the next logical step and says that if you destroy that which has value to the public, the public should get compensated for it. We'll see if anyone proposes an ordinance like this.

Posted by Charles Kuffner
Interview with Zaf Tahir

As promised at Kuff's World, today marks the beginning of my series of interviews with candidates for Houston City Council this November. I've got several already lined up for the near future, and will be pursuing more as we go.

Today's interview is with Zaf Tahir, who is one of eight candidates for the open At Large #5 seat. Zaf is an engineer and small businessman who lives in southwest Houston. The interview is here, in MP3 format, and the link to the Kuff's World post is here. As always, any feedback you may have is appreciated. As I do more interviews, I will link back to the previous ones so you can compare. Enjoy!

Posted by Charles Kuffner
For want of an attorney

This is a pretty damning article about the status of the defendants who were convicted in cases that involved tainted evidence from the HPD Crime Lab.


Years after the DNA debacle at the Houston crime lab prompted scrutiny of hundreds of criminal cases, nearly two-thirds of defendants convicted with faulty evidence have received little help in determining how, or if, their convictions could be affected, the Houston Chronicle has found.

Private labs and independent investigators unearthed inaccuracies in the Houston Police Department's work on more than 60 cases, finding that police analysts' conclusions about biological evidence were wrong, overstated or unreliable.

But, in the majority of those cases, attorneys have not attempted to use new DNA evidence on behalf of defendants or even to investigate whether it was crucial to the case against them, according to a Chronicle review of court documents and interviews with dozens of attorneys assigned to these cases.

It is not clear whether any of the new evidence jeopardizes these cases or if HPD's inaccurate work will lead to any more exonerations. Since the crime lab's work first came under question in November 2002, two men convicted on flawed evidence have been released from prison and cleared in those crimes.

The Chronicle found 24 cases among the 61 in which attorneys appointed or hired to represent people in the crime lab controversy have taken little meaningful action with new test results. In 15 other cases, defendants received no representation at all.

Some had no clue their cases were even being reviewed.

[...]

Defendants' interests have gone unrepresented for a variety of reasons, the Chronicle determined, based on interviews with officials throughout the justice system. For some, confusion about how much work attorneys are supposed to do on these cases prevented complete investigations. Others had no advocate at all.

"I have no doubt that there are people who never got notice that their cases were being represented ... or that there were questions about what attorneys were supposed to do with these cases," said Assistant District Attorney Marie Munier, who has overseen the effort to retest evidence and contact defendants. "Attorneys were not appointed just to read the retest results but to look at the facts of the case and, if there was a viable claim, to file it."

A number of attorneys appointed to represent defendants told the Chronicle they had little recollection of being appointed to the cases and had not investigated them.

[...]

The Harris County District Attorney's Office began to select cases in need of DNA retesting in January 2003, just as the sweeping forensics scandal began to unfold. HPD had shuttered its DNA lab late in 2002, the first development in a crisis that cast doubt on thousands of criminal convictions and prompted major reforms to the statewide crime lab system.

Prosecutors attempted to contact 413 defendants, sending letters to their last-known addresses and attorneys of record that said their cases would be reviewed.

Beginning in April 2003, District Judge Debbie Mantooth Stricklin held video conferences with more than 200 incarcerated defendants, and appointed attorneys to most.

Court officials could not say how many of the remaining defendants, who did not have video conferences, received appointed attorneys. Some already had representation and others, no longer in custody, could not be located, according to Kelly Smith, staff attorney for the Harris County courts.

"The courts don't have any investigative power to find these people," Smith said. "We cannot say what happened in those cases."

[...]

Despite such problems, local officials plan to use a similar process to review as many as 600 newly identified cases with other potential crime lab problems.

Those cases, identified in the a June report after a 26-month investigation, involve questions about HPD's blood-typing evidence. The head investigator, former U.S. Justice Department official Michael Bromwich, has recommended that an outsider oversee the review of 180 of those cases in which HPD's work had clear-cut problems.

But officials, including Mayor Bill White, Police Chief Harold Hurtt and Harris County District Attorney Chuck Rosenthal, have maintained that no independent supervision is needed.

"We have talked about whether we should change the procedure," said Smith, staff attorney for the courts, "but right now it is the model we are going to use."


There's been a lot of talk about special masters, and I've said before that I think it should be the responsibility of an independent agent to own this process and see it through to the end. What's not clear to me is whether such a person would have the mandate - and the funding - to ensure that all affected defendants have an engaged advocate to take the cases that need to be thrown out to the courts. Grits makes a convincing argument that it should really be the function of a state-created and funded Innocence Commission. Since that can't happen until at least 2009, we come back to my question. Is a Special Master the right answer for this particular case? If not, what else is there? People's lives are at stake. We need to get this right.

Posted by Charles Kuffner
News flash: Hispanics abandoning GOP

Though I trust that this comes as a shock to nobody, it's still nice to see in the papers.


Lionel Sosa has been a proud Republican for years. He produced campaign commercials for the late Sen. John Tower, worked as a media consultant for Ronald Reagan and raised money for George W. Bush.

But the harsh immigration rhetoric of some Republicans has driven the Floresville executive to question the direction of his party.

"Anytime anybody says, 'We've got to get those people out of here, and we've got to build a wall to keep those Mexicans out,' it's going to come off as unfriendly, period," he said. "If (Republicans) don't pedal back on the rhetoric, they are going to be in big trouble."

The immigration debate is one reason why Sosa, 68, is supporting Democrat Bill Richardson, a Latino and New Mexico's governor, for president. More important, his sense of betrayal is echoed in Hispanic communities across America. Latino support for President Bush and the Republican Party has plummeted this year as the debate over illegal immigration has driven Hispanic voters away from the GOP.

The freshest illustration of the trend: a pair of presidential election forums on issues of importance to Hispanics sponsored by Univision. The Democratic forum in Miami tonight has drawn RSVPs from all eight Democratic contenders. The Republican debate, scheduled for Sept. 16, has been postponed after organizers said only one candidate, Arizona Sen. John McCain, agreed to appear.

Sosa, who led a San Antonio advertising firm, expressed exasperation with his party's White House wannabes. With the exception of McCain, "they are all fighting to see who is more anti-immigration," he said.


Hey, Lionel - have to talked to Massey Villarreal about next year's Senate race? There are other opportunities besides just the Presidential race for you to consider your alternatives. I'm just saying.

Anyway, nothing here we haven't seen before, but again, nice to keep seeing it. May we see much more like it in the future.

UPDATE: Stace weighs in.

Posted by Charles Kuffner
Neighborhood development

News from my neighborhood.


Allegro Builders will soon begin construction on the two-story structure at 1001 Studewood. The 9,650-square-foot building will house an upscale pizzeria on the ground floor and offices above, including a realty firm and mortgage company. Russo's New York Pizzeria will open in the new building in April.

This is the second commercial development for Allegro, which is known for million-dollar manses designed to look like they were built decades ago.

Built on 25,000 square feet of land, the brick-and-stucco building will have second-story porches and a Craftsman architectural style.

"We tried to give it a period look," said Lambert Arceneaux, Allegro's president. "We went big on porches."

The company also developed and designed 933 Studewood, where it operates its custom-home business above the Glass Wall restaurant.


Sounds good to me. I like what they did at 933 Studewood, and the building that was there before at 1001 was ugly and generic, so almost anything will be an improvement. The illustration of the design in the print edition of the paper was quite attractive. That stretch of Studewood has a few longstanding businesses - the 11th Street Cafe, Davis Hardware, the Wolf Dry Cleaners, for instance - and a lot of places that have cycled through one storefront after another. Here's hoping what goes into 1001 Studewood is there for the long haul.

Posted by Charles Kuffner
Talk about your bad polls...

Oregon 39, Michigan 7.


A week after being upset by Appalachian State, the Michigan Wolverines were handed their most lopsided loss in 39 years as Dennis Dixon and the Ducks cruised 39-7 on Saturday.

Dixon accounted for 368 yards and a career-high four touchdowns.

Michigan (0-2) has opened a season with two straight losses at home for the first time since 1959 and has dropped four straight, dating to last season.

Unlike in the stunning loss to the second-tier Mountaineers, the Wolverines didn't even keep it close against Oregon. The 32-point setback was Michigan's worst since it lost 50-14 at Ohio State in 1968.


Has there ever been a team as grossly overrated by the preseason polls as onetime #5 Michigan? You have to wonder what it was that the voters saw in this team.

I think this is one more reason why there shouldn't be a preseason poll for football, which is a hobbyhorse of Salon's King Kaufman. Kaufman's point is that some teams that might eventually have a legitimate claim for a chance to play for the BCS championship are effectively eliminated from same by starting the season being ranked too low - they're unable to leapfrog all the teams ahead of them, even as those teams lose and they remain unbeaten. It seems to me that if the pollsters can be so wrong about the quality of a team like Michigan in 2007, they can also be wrong about (say) a Boise State from 2006. Why guess when you can see a game or two first? Get rid of the preseason poll, and this problem goes away.

Posted by Charles Kuffner
September 09, 2007
What Rick said about blogs

I'm going to be brief regarding this story about Rick Noriega, the netroots, and some comments about the netroots he made in a recent speech to the Texas Association of Broadcasters. Here's the contentious bit:


Noriega early last month went to Chicago to rub elbows with liberal bloggers at the Yearly Kos convention, and received the endorsement of Daily Kos founder Markos Moulitsas.

But then Noriega returned home and told the Texas Broadcasters Association that the blogs are as destructive a force in democracy as talk radio.

"We've seen talk radio become an organizing tool for the die-hard right, while liberals are credited with turning the blogosphere into a political weapon. Each of those media has a targeted demographic group and works them into an ideological lather," Noriega said.

"This, I believe, is damaging to the political culture in this country."

Noriega spokesman James Aldrete said Noriega was not criticizing all politically active blogs, just those that engage in the "politics of division." Aldrete said Noriega believes talk radio and some bloggers would rather keep the country divided than find solutions to problems.


I've included Noriega's full remarks as prepared beneath the fold. You'll see reactions to this elsewhere. The bottom line is that my colleagues and I who have been supporting Rick Noriega continue to do so. We've talked to him, and we know this was not a true reflection of his opinions. It was a screwup - a screwup by the campaign to include that bit in the speech in a misguided attempt at "balance", and a screwup on Rick's part by reading it as was instead of pushing back, since he knows full well that isn't what he believes. Rick is a supporter of blogs - no surprise, since the blogosphere has been a big supporter of him - and I know he has no intention of triangulating against, well, folks like me. I know he's going to address this himself directly very soon, and I know that we'll never hear him say that sort of thing again. He made a mistake, but being the standup guy that he is, he's owning it and he'll make it right.

That's more or less all there is to say about this. Full remarks are beneath the fold. Any questions, let me know.

UPDATE: Rick will be on Firedoglake tomorrow at 3 PM Central time to discuss this. Join in and ask him whatever you want.

REMARKS OF THE HONORABLE RICK NORIEGA Texas Association of Broadcasters/Society of Broadcast Engineers Convention Thursday, August 9, 2007, 8:00 a.m. Renaissance Austin Hotel, Austin, Texas

Good morning. I want to thank you for inviting me here today. I am pleased to be here at the annual convention of the Texas Association of Broadcasters and the Society of Broadcast Engineers.

I am especially happy to participate in this Community Service Awards Breakfast sponsored by the Texas National Guard. As you know, I have been a member of the National Guard for over fifteen years. My service took on a new level of sacrifice when my unit was assigned to Afghanistan during 2004 and 2005. While I and thousands of my comrades spent that year in harm's way, our families and friends waited, hoped and prayed. It was local TV and radio stations that told our stories in compelling human terms.

As you know, the war in Afghanistan and in Iraq has placed an unprecedented strain on the Texas National Guard, and on National Guard units around the country. Many units came home briefly and then were sent back without adequate time for resupply and retraining. Meeting our manpower goals became more of a challenge. The Texas Association of Broadcasters partnered with the Texas National Guard by providing airtime and, in some cases, production assistance for our recruitment efforts through the Non-Commercial Sustaining Announcement, or NCSA, program. Thanks to the program, we have met our recruiting goals for the year in only nine months! This is a concrete example of the role and power of the news media in our lives.

Over the last twenty-five years, we have seen astonishing changes in how Americans get their news, from the rise of cable news networks to the arrival of talk radio to learning to breathe in the blogosphere. Although the role of broadcast news programs, both local and national, has changed, broadcasters like you are still the primary source of news for most Americans. As we enter an election year, your role in explaining the candidates, the issues and the stakes will be more important than ever. I want to share with you some thoughts about the role of the broadcast news media, especially at the local and state level, in our public life.

Last year, the Radio-Television News Directors Foundation did a study on the future of news. As part of the study, they surveyed over 1,000 Americans aged 18 and above in May of 2006 and asked them where they got their news. The biggest single source of news for American continues to be local TV newscasts. Over 65 percent of adults said they watch local TV news programs to get information about current events. This is more than double the percentage who say they get news from local newspapers or from national TV news programs. Radio also does very well, with almost 15 percent saying they get news from that source. That's more than the Internet.

Local radio and TV newscasts have broad audiences, transcending age, ethnicity, gender and education pigeonholes. For instance, almost three-quarters of all people aged 18-24 say they watch local TV news, the highest percentage of any age bracket. Among minorities, TV news viewership was at or about 70 percent. African Americans get significant amounts of current events information from radio. This is good news for radio and TV broadcasters, and affirms how important your journalistic mission remains.

The fact that more people get their news from local TV news than any other source is amazing, considering the multiplication of media I mentioned earlier. With options like 24-hour cable news, talk radio, the Internet and dozens of blogs, people have many more choices for getting information.

A big feature of these new media sources is narrow-casting - the ability to tailor information to specific target audiences. We see narrow-casting in marketing. Cable stations that cater to women, for instance, attract advertisers who want to target that market. When Amazon and Barnes and Noble send me an email, they aren't trying to sell me books; they want to sell me a book just like the one that I bought last month.

Narrow-casting has also crept into our politics. We've seen talk radio become an organizing tool for the diehard right, while liberals are credited with turning the blogosphere into a political weapon. Each of those media has its target demographic groups, and works them into an ideological lather while ignoring or belittling others. This, I believe, is damaging the political culture of this country. Let me give some examples of how narrow-casting poisons our public life.

We see it in the dominance of wedge issues in political campaigns. Instead of public conversations about the large issues that are really important - the war on terror, the future of Social Security, education and health care for working families - we get vitriolic tirades over wedge issues designed to inflame a political base and create divisions among people. Whole political campaigns are crafted around the trifecta of "gays, guns and God." For example, when John Cornyn went to the United States Senate occupy the seat once held Lyndon Johnson and John Tower, he promptly held hearings on flag burning. That's right, flag burning. Now, I hate to see our flag burned as much as the next guy, but does anyone here think there's an epidemic of flag-burning sweeping our land?

We see it in the increasing, and frustrating, partisanship in the Congress and our legislative bodies. I was first elected to the Texas House of Representatives in 1998. In the time that I have served, I have seen a complete transformation of how that body works. Former Speaker Pete Laney built consensus by starting in the center and reaching out across the political spectrum to get 76 votes. Now, current Speaker Tom Craddick starts on the extreme right and works toward the center until he finds the magic number. Under Laney's approach, 530,000 Texas children got health insurance through the CHIP program; under Craddick's approach, 160,000 of them lost it.

We see it in the micro-targeting of voters and constituencies. Instead of appealing to what Lincoln called “the better angels of our nature†- our common values and ideals as a people - modern political campaigns collect marketing data and run statistical analyses to determine whether that Field and Stream subscriber next door is likely to vote for Fred Thompson, or whether that NPR-listening woman across the street is voting for Hillary Clinton.

We do all this slicing and dicing of our issues, our politics, and our constituents, and then we wonder why voters are turned off and disillusioned by the state of our democracy. Winston Churchill famously said that democracy is the worst form of government, except for all the others. And while we cannot make a better form of government than our democracy, we can make our democracy better.

After Hurricane Katrina devastated New Orleans in August of 2005, hundreds of thousands of people showed up on Houston's doorstep. I coordinated the relief efforts at the George R. Brown Convention Center, where we fed, clothed and sheltered over 7,000 people. Thousands of Houstonians, seeing the stark images of New Orleans underwater and evacuees under duress, donated their time to help out at the convention center and other sites. Thousands more donated food, blankets, clothes and cash to the relief effort.

The events of that September played a big role in my decision to explore a run for the United States Senate. I saw the generosity of my fellow Texans, once they were called to step outside of themselves and participate in their larger community. I saw their genuine enjoyment of and even eagerness for that opportunity. I have seen the effect of our narrow-cast culture on our society and I know I can make a difference. I want to call all Texans to a renewed sense of unity and purpose.

My parents raised me to believe that service to my community was not just a duty but a privilege. That is why, angered by televised images of the hostages in Tehran, I joined our armed forces over 20 years ago and continue to serve in it. That is why I ran for and was elected to the Texas House. And that is why I am exploring a candidacy for the U.S. Senate.

I believe that "broadcasting" - in the largest sense of the word - is an antidote to the divisive effects on narrow-casting. I believe that, as broadcasters, you have a unique opportunity - and responsibility - to inform, educate and even inspire our fellow citizens to participate more fully in our civic life.

You're doing some good things. Most local TV and radio stations cover state and local politics, and some devote considerable resources to doing so. Over the last decade, TAB members have sponsored almost 14,000 political debates and forums, offering Texans the opportunity to see and hear their candidates in real time, away from scripted media events and staged campaign rallies. I hope that trend will continue and even increase over the next fifteen months.

But the media is also guilty of trivializing public discourse. Complex issues like health care for children and immigration are too often reduced to "he said, she said" sound bites. Political campaigns are covered as horse races and slugfests, with little analysis of the differences among the candidates' platforms and their implications for real, live voters. And the most important political and electoral news of the day can be completely swallowed up by the latest Brangelina sighting.

Let's see more in-depth pieces about important issues. Let's see more candidate forums and debates, with opportunities to explore differing positions on the issues in depth. Let's see more coverage of the real-life impacts of political decisions on our fellow Texans.

Our democracy can only function with a curious, well-informed citizenry that feels an ownership stake in society. Throughout history, democracies have created a space where people can get together, exchange information, debate issues and make decisions for the good of the community. In ancient Greece, the Agora was the place set aside for the community. In colonial New England, many towns were laid out with a village commons, an area that belonged to no one and to everyone in the community. In our modern world, broadcast radio and TV play these important roles. I salute you on the work you already do and challenge you to do even better as we enter the next exciting year for our communities, our state and our nation.

Posted by Charles Kuffner
Lance Armstrong at Rice
That would, of course, be Lance Armstrong, speaking at Rice Stadium in support of Proposition 15, which as you know kicked off its campaign this week. TV coverage of that event can be found here (with video) and here. More pictures are beneath the fold. Oh, and look real closely at the scoreboard in the background. It both asks and answers the question "Why does Rice play Texas?"

(The picture above, and the subsequent one of Rice President David Leebron, were taken by Jeff Fitlow. They were sent to me, with permission to upload, by Greg Marshall, Senior Director of University Relations, Office of Public Affairs, Rice University.)

Rice President David Leebron speaks. To his left are State Rep. Ellen Cohen, Lance Armstrong, and State Sen. Jane Nelson.
State Rep. Ellen Cohen and Lance Armstrong. (Photographer unknown to me; picture sent to me by Bill Kelly.)
Posted by Charles Kuffner
Lawsuit against updated Georgia voter ID law dismissed

If the Texas Legislature is going to be as hell-bent on passing a frivolous voter ID law the next time it gets together, here's a template for one that will survive judicial review.


A federal judge who once struck down Georgia's voter identification law has approved a revised version, dismissing a lawsuit aimed at stopping the state from enforcing the statute.

Barring an appeal, U.S. District Judge Harold Murphy's decision Thursday means the law will be in effect for local special elections Sept. 18. Early voting begins Monday.

Murphy praised officials' "exceptional efforts to contact voters who potentially lacked a valid form of photo ID."

He said the opponents, who argued that elderly and poor voters were particularly at risk, have not found voters who have been harmed by the law.

"Plaintiffs are hard-pressed to show that voters in Georgia, in general, are not aware of the photo ID requirement," Murphy wrote in a 159-page ruling.

Also, because people have the option to vote absentee without photo identification, they are not barred from participating in elections, Murphy said.

[...]

Voters who show up at the polls without a valid ID card will be allowed to cast a provisional ballot, which would be counted if they go to the county registrar's office with ID within two days.

The federal challenge was filed two years ago. Opponents argued that the 2005 law violated the Georgia Constitution and amounted to a poll tax, and Murphy agreed.

The Legislature came back with another version of the law making voter ID cards, one of several ways to meet the statute's requirements, free and available statewide.


If I'm reading this correctly, what the Georgia legislature did to correct the problems with the 2005 law that got it thrown out in court were 1) provide a photo ID that would meet the requirements of the law to anyone who wanted one, and 2) actively seek out people who were eligible voters but who might not already possess such an ID - a crosscheck of voter registration rolls with the state driver's license database would do some of that. If the Texas Lege were to add such features to any future voter ID legislation, I'd still think it was a bad idea designed to solve a nonexistent problem, but at least I could begin to consider the pleas that the Republicans who are pushing it don't actually intend to disenfranchise anyone.

Now of course, a truly sincere effort to ensure that every eligible voter has an acceptable form of ID would cost millions of dollars and take months to complete. It would also still leave some legitimate voters out in the cold, and since it would be a change of habit for so many people, would result in a needlessly large number of provisional ballots. For those reasons, even if I had good reason to believe that the state Republican leadership cared about making a sincere effort to leave no voter behind, I'd still oppose this legislation for being an unnecessary restriction on voting rights as well as a waste of time and money. But hey, the path to success is there if they want to take it. I'm not holding my breath.

Posted by Charles Kuffner
Potato!

I agree with Fred: This is the greatest hidden ball trick ever, and is now on my short list for best baseball stories ever.


On Aug. 31, 1987, Dave Bresnahan was the Michelangelo of potato sculpting. He sacrificed five fine tubers to the spud gods - death via peel - before settling on the correct shape. He drew red lines on the winner to simulate seams, only to see them erased by the potato's weeping. He wielded that peeler like a true artiste.

Because in order to pull off the greatest prank in baseball history, Bresnahan needed to shape a potato like a baseball.

"I went to Williamsport (Pa.) this past weekend to celebrate the anniversary," Bresnahan says today from his Arizona home, 20 years after he ended his career as a catcher for the Double-A Williamsport Bills by feigning to pick off an opponent at third base by chucking a potato into left field, then using the real baseball to tag the runner when he scurried home - a hidden-ball trick to end all hidden-ball tricks.

"They gave away bobbleheads. I'm holding a potato. There's one on eBay right now. A couple sold for over a hundred bucks this week. For kicks and giggles, I looked up what Barry Bonds' was selling for, and I'm crushing him.

"I really don't understand."


What's not to understand? I can just about guarantee that this will be the funniest thing you'll read today. Check it out.

Posted by Charles Kuffner
September 08, 2007
The HCCS Trustee elections

Though today's story is more about Jay Aiyer and his potential political future, it does at least correct a gap that I pointed out about Houston Community College System (HCCS) Trustee elections.


Three newcomers will vie to represent [Aiyer's] district, which stretches from southwest Houston to Missouri City. The November ballot includes businesswoman Neeta Sane, a former candidate for Fort Bend County treasurer; Manual Barrera Jr., a former senior Houston City Council aide who now hears complaints from people about parking and red-light tickets for the city; and Lois Davis.

Incumbent trustee Yolanda Navarro Flores will face two challengers: Daniel Barretto and Kevin Hoffman, who is president of his North Houston neighborhood council. He is not the same Kevin Hoffman who serves on the Houston Independent School District's board and oversees facilities for Harris County.

Trustees Bruce Austin and Mills Worsham are running unopposed.


According to the comment he left in my earlier post, it's Manuel Barrera, not Manual. I suppose it's better to be misspelled than overlooked. Which reminds me that I never got a response from either Kristen Mack or Jennifer Radcliffe about their omission of Joe Trevino from the list of City Council At Large #5 candidates. Well, at least you can read about these things here.

As for Aiyer, I agree with Richard Murray's assessment:


The Harris County District Attorney's Office accused Aiyer of removing and destroying a portion of his campaign finance report and putting another document in its place in March 2005.

The charge stemmed from a complaint filed with the Texas Ethics Commission more than two years ago that accused Aiyer of trying to hide expenditures from his HCC campaign account, failing to report payments to political consultants and to itemize credit card payments.

Aiyer originally was charged with a felony, but he pleaded guilty to a misdemeanor to avoid a trial.

"This misdemeanor isn't helpful, but it's not a political career-ender," said Richard Murray, a professor of political science at the University of Houston.

"To re-enter, you need to pick your spot carefully."


I think the key to any future Aiyer may have in politics (assuming he chooses to pursue one) is that as yet he has not had the opportunity to offer a defense, or even an explanation, for the charges against him. If and when he chooses to get back into the political sphere, I believe he will ultimately be judged by how he addresses this. Voters are certainly capable of forgiveness if they think it's merited. They're also capable of carrying a grudge if not. We'll have to see.

Posted by Charles Kuffner
Bradford v Rosenthal, round 2

In her last column for the Chron before moving on to the WaPo, Kristen Mack writes about the upcoming battle for Harris County DA between Chuck Rosenthal and former HPD Chief C.O. Bradford. I think she's right to call it the marquee local race for 2008 - it will certainly be an expensive and high profile race, especially given the failed attempt by Rosenthal to prosecute Bradford for saying naughty words, or whatever it was. This race will be fought with vigor, and I daresay no small measure of nastiness.

I have no idea how this will turn out. Bradford certainly has some baggage, though not all of it can be easily used against him by Rosenthal. Whatever you might say about the HPD Crime Lab scandal (and remember, the problems there started well before Bradford was Chief), Chuck Rosenthal wasn't exactly an outsider to it. Bradford can also point out that it was on his watch that the Bromwich investigation got started. If he's canny, he could now echo Bromwich's call for a special master to oversee the cases that need review, which is something Rosenthal opposes.

Rosenthal will surely make an issue of the fact that Bradford hasn't been a prosecutor before. While that's true, Bradford is a lawyer, and as he points out, he's not applying for a job as a prosecutor. That's what the assistant DAs do; besides, we all know what happened the last time Chuck Rosenthal actually argued a case in court. Bradford is running to manage the office, which is the sort of thing he has done before. And whatever you may think of his time as HPD chief, it's not like he isn't familiar with the workings of the criminal justice system.

There's the K-Mart Kiddie Roundup, for which former HPD captains Mark Aguirre and Ken Wenzel were fired. Bradford is still a defendant in at least one lawsuit that stemmed from the Roundup. Whether any of that will become news during the campaign, I couldn't say.

And finally, there's the last-minute raise Bradford got before he stepped down as Chief, for which he's clearly not apologetic. I'm sure Rosenthal will bring that up a few times. My guess is that Rosenthal and his proxies will do everything they can to tie Bradford to Lee Brown, whose administration had its share of people who got into trouble with the law. I haven't seen any polling to indicate this, but I'd bet that Brown isn't all that well regarded in Harris County, especially in the parts of the county outside Houston where much of Rosenthal's base lives. If Charles Bacarisse is an indicator, the overall GOP strategy is going to be "fire up the base", and this would fit well with that. For his part, I see Bradford running a Craig Watkins-like campaign, emphasizing Rosenthal's bad judgment (his own perjury trial being Exhibit A) and the myriad ways in which that costs us, and the need for a non-prosecutor to come in and change the culture at the DA's office.

As I say, I have no idea how this will ultimately play out. In some ways, Bradford is exactly the right candidate to run this kind of campaign against Rosenthal (assuming that's what he's planning; I'm just guessing), but he also has some obvious vulnerabilities. You don't know how good or bad someone will be as a candidate until you see that person in action, which hasn't happened for me yet. I've had some critical things to say about Bradford in the past - you can search my archives and see for yourself - and I won't pretend that I don't have some trepidation about his candidacy. I don't know who my ideal candidate to run against Chuck Rosenthal would have been, but if you'd put a gun to my head and demanded that I give you a name, C.O. Bradford would not have been it. But whatever concerns I may have about Bradford, my issues with Chuck Rosenthal are much greater, and I see a lot of potential for Bradford to do some real good. It's up to him and his campaign to make that case, to me and to everyone else. We'll see what he does. Grits has more.

Finally, congrats to Kristen Mack on the new gig, and best of luck in DC. Do we know yet who will take over the Friday politics column?

Posted by Charles Kuffner
A challenger for Vo - anybody else?

Like The Professors, I had heard about HISD Trustee Greg Meyers' plans to run against State Rep. Hubert Vo in HD149, which he has now made official, some time ago. And like the Professors, I think Meyers will present a greater challenge to Vo than Talmadge Heflin did, though that's hardly saying much. I believe Vo will prevail, as he's a really good fit for his district, but he'll have to work for it. Which I expect he will.

Now here's a question for you: Is there a Republican out there who's contemplating a challenge to State Rep. Ellen Cohen in HD134? If there are any, then they're doing a better job of disguising their intentions than Meyers did, because I've not heard a thing. This was a hugely expensive seat to win in 2006 (in part because of Martha Wong's $200K+ of leftover campaign cash from 2004), and while Cohen doesn't have nearly that much on hand right now, she'll have no trouble raising what she needs. Given that Cohen was a reported candidate as of June of 2005, I have to wonder when - or even if - the Republicans are going to find someone to go after her. Anybody out there hearing anything?

Posted by Charles Kuffner
Design change for the Astrodome hotel

Time for another Astrodome redevelopment update.


Entrepreneurs looking to turn the iconic Astrodome into an upscale convention hotel have scrapped a "best of historic Texas" theme for a more modern, streamlined look.

A faux Texas courthouse and other features that played on the state's past are out. Plans now call for including a section of the Dome's seats, part of the diamond and an overall contemporary design that plays up the building's cutting-edge nature when it opened in 1965.

"We're going to have rides. There could be air rides that take you off the ground and make you say, 'Wow,' " said Scott Hanson, president of Astrodome Redevelopment Co., the firm hoping to transform the Dome. "We're going to have a few of those. They would be easy-going rides that would show off the venue."

[...]

The Texas Historical Commission recently approved the company's renovation plans, qualifying it for a federal historic rehabilitation tax credit, [Astrodome Redevelopment chief executive John] Clanton said.

The tax credit was integral to Astrodome Redevelopment's financing application. As much as $350 million of the work on the $450 million project may qualify for the tax credit, which could be worth $70 million to Astrodome Redevelopment, Clanton said.

Astrodome Redevelopment had good reason to scrap the best of Texas theme. The historical commission may not have approved its rehabilitation plan, and the company may not have received the tax credit, Clanton said.

The commission wanted the project to include some features of the building and to play up the Dome's status when it was dubbed the "Eighth Wonder of the World" upon its opening.


The tax credit is nice and all, but I think the real news here is that the new theme is less likely overall to be embarassingly cheesy. Not to say that it has no chance, mind you, just less chance, since anything that allows for Wild West references is a priori in mortal danger of severe cheesiness.

Astrodome Redevelopment still has hurdles to clear before it begins work. Willie Loston, director of the Harris County Sports and Convention Corp., which oversees Reliant Park, will update the Commissioners Court on the company's progress in executive session Tuesday.

The court's approval is needed before work could begin. And Astrodome Redevelopment needs to work out revenue sharing and parking deals with the Houston Texans and the Houston Livestock Show and Rodeo, the major tenants of Reliant Park.

But Hanson and Astrodome Redevelopment's chief executive, John Clanton, said the company is making progress and hopes to begin work on the interior as early as next April.


All due respect, but I'll believe that when I see it. And since I can see the Dome from my office window, I'll know.

A parking garage would be built around the Dome. County officials may require Astrodome Redevelopment to build a $15 million overhead ramp from the South Loop to the garage. Plans for a cineplex have been scrapped.

[...]

Astrodome Redevelopment isn't seeking any public money to renovate the Dome, but has asked the county to consider paying for the $15 million ramp and an expansion of Reliant Park's air conditioning/heating plant, which could cost as much as $1 million, Hanson said.

Loston said, "We have not responded to that request. But this is a 100 percent privately financed project."


Yes, we've heard that before. Let's just say I won't be surprised if the county figures out a rationale for changing its mind on that point. Previous update on this project is here; Houstonist has more.

Posted by Charles Kuffner
September 07, 2007
Four for Bacarisse's job

With District Clerk Charles Bacarisse stepping down to take on Ed Emmett in the GOP primary for County Judge next March, someone has to fill in for him and do the job that he was elected to do. Four people have applied for the position.


Seeking the appointment are: Clay Cossey, director of technical services in the district clerk's office; Kenny Rodgers, retired chief of investigators in the district attorney's office; Assistant County Attorney Theresa Chang, who heads the county attorney's compliance division; and Clyde Lemon, director of legislative affairs bureau in the district clerk's office.

All four are Republicans; no surprise, since all of the district court judges, who will make the replacement selection, are also Republicans.

The county's state district judges likely will vote on the replacement at a meeting Tuesday, said state District Judge Mark Davidson, administrative judge for the 59 jurists. The selection, by state law, must be unanimous.

If the judges fail to agree on a successor, Gov. Rick Perry would have to order a special election to fill the remainder of Bacarisse's term, which runs through 2010.


That language is a bit unclear, so let me quote from an email I got from Loren Jackson, who finally received what should be a definitive answer from the Secretary of State's office regarding this point:

If the District Judges make a unanimous selection, that appointee serves only until a special election (for the unexpired 2-year term) on the November 2008 ballot. If the Judges are unable to reach unanimity, then they must certify that fact to the Governor, who will call a special election, that could take place as early as this November (if the Judges certify their lack of unanimity to the Governor by Oct. 7), but more likely in May 2008.

So, unanimous selection = serve until November of 2008, then run alongside Emmett or Bacarisse to fill out the term. Non-unanimous selection = special election either this November or next May, also to fill out the term. If it winds up being the latter, someone should send Robert Eckels a bill for the cost of the special election. Either way, though, I look forward to supporting Loren Jackson for District Clerk.

One thing I want to add regarding Bacarisse and Lisa Falkenberg's column from yesterday. I actually voted for Charles Bacarisse last November. The Democrat was a fringe candidate, Bacarisse had done a competent job as far as I knew, and also as far as I knew he did his clerical job in a largely apolitical fashion, unlike some other county officials I could name. Sadly, after reading Falkenberg's account of the bizarre and factually challenged demagogery that's passing for Bacarisse's campaign for County Judge, it would seem that I'd have been better off skipping that race, as there was no one running who deserved my vote. For obvious reasons, I normally don't care who wins a Republican primary. In this case, however, you can put me firmly in Ed Emmett's camp, even if that reduces by some amount the likelihood that David Mincberg will ultimately prevail. Put simply, I'd rather have a greater chance of losing to Emmett than any chance of losing to someone who believes what Bacarisse does.

Posted by Charles Kuffner
More on TxDOT's PR offensive

Let's get one thing straight about the TxDOT advertising blitz that's going on right now.


Top state transportation officials and Gov. Rick Perry's deputy chief of staff are being trained by political and corporate strategy pros before deploying on talk radio to promote the Trans-Texas Corridor and toll roads.

The airwave ambassadors are being schooled by experts from ViaNovo as part of a $20,000 consulting contract included in the agency's Keep Texas Moving campaign, which promotes the divisive transportation plans championed by Perry.

The campaign, estimated to cost $7 million to $9 million in state highway funds, has drawn concern from anti-toll activists and some lawmakers who question the cost of what they see as a public relations campaign.

Its defenders say the initiative stems from lawmakers' call for the agency to better communicate with the public.

[...]

Plans call for several TxDOT division directors, district engineers from Beaumont and Amarillo, agency interim Executive Director Steve Simmons and Heckmann to start out on satellite radio, in part because "the listening audience is paying for radio so they might be more apt to pay a toll," according to a July e-mail from Coby Chase, director of TxDOT's government and public affairs division. He wrote that the agency likely will buy advertising time on the satellite networks.

[...]

"I think TxDOT's doing exactly what the Legislature asked them to do, demanded that they do, and legislators who now cry foul are being hypocritical," said Rep. Mike Krusee, R-Round Rock, House Transportation Committee chairman.

"They were the ones that beat TxDOT over the head in public hearings for not explaining this," he said, adding that specialized training makes sense.

But Rep. Lois Kolkhorst, R-Brenham, who fought for a moratorium on privately run toll roads, said, "The Legislature did not tell TxDOT to go on a media campaign explaining the pros of the Trans-Texas Corridor and private equity investment (in toll roads). The Legislature said, 'Please slow down, take a deep breath. We want you to pause while we make sure we are making the right decisions.' "

Kolkhorst said TxDOT is a "fabulous agency" but there is a "lack of faith in the policy."


What TxDOT is doing here isn't communicating or explaining in any meaningful sense, it's advocating; if you want to be less charitable, it's propagandizing. As I said before, what the Lege wanted was actual engagement, with two-way communication and TxDOT responding to the feedback it gets in good faith. Their actions here do not resemble that at all. Which is why there's such a lack of faith, not just in the policy but in the agency itself.

The thing is, you could make the case that since the Trans Texas Corridor has survived two regular legislative sessions' worth of review and attack, further engagement is redundant, and selling the public on what's going to happen whether they now like it or not is what's called for. I wouldn't accept that argument, but I could at least respect it for being honest.

By the way, I heard a TxDOT spot on KACC yesterday. It was more of a warm-fuzzy PSA, since KACC doesn't run ads, but it was still a bit weird to hear.

Posted by Charles Kuffner
NASA's Urban Legend Problem

No doubt NASA administrator Mike Griffin wishes that the tale of a diaper-wearing astronaut who drove to Florida with black gloves, a wig, a BB pistol and ammunition, pepper spray, a 2-pound drilling hammer, rubber tubing, plastic garbage bags, an eight-inch folding knife and other items, in order to "confront" the other woman in an astronaut love triangle, was the stuff of "urban legends."

Instead, in a recent press conference, Griffin called the report of alcohol abuse by astronauts just prior to flight, by an independent review panel that Griffin commissioned, the stuff of urban legends.

The head of that commission, Col Richard Bauchmann, Jr., called b.s on that this week when he testified to the House Science and Technology subcommittee (Nick Lampson chairs that). His concern is my concern. In its review of the alcohol incidents, NASA interviewed people face to face. The independent committee of experts got their information from astronauts and flight surgeons anonymously. How can we be sure everyone who was interviewed by NASA about the alcohol incidents felt their job would be safe if they told what they knew? I also know that NASA has had a deaf ear in the past in listening to their own people about safety concerns, so it didn't come as complete shock to me that the people who give a go for astronauts to fly might dismiss flight surgeon recommendations.

Bauchmann, commander of the U.S. Air Force School of Aerospace Medicine in San Antonio, had this to say:

"We understand the outrage that some members of NASA have expressed at this particular finding," Bachmann said of the drinking allegations. "However, public statements that such things are simply impossible, challenging the veracity of these finding, referring to them as unproven allegations or urban legends, rather than acknowledging how difficult raising such concerns can be, do not encourage openness and safety."

Bachmann was referring to NASA Administrator Michael Griffin's remarks last week, when he dismissed the allegations of excessive drinking as "urban legends."

[---]

Bachmann said the drinking incidents and the allegations of NASA leadership disregarding safety warnings were reported to his committee by eyewitnesses to the events. Their testimony was voluntary, he said.

The fact that all current NASA flight surgeons have since signed a letter denying that they were ever aware of alcohol abuse by astronauts -- or that they felt their medical advice was ignored by superiors -- increases his concern that NASA employees feel too intimidated to stand by the allegations they made privately and anonymously to outside experts, Bachmann said.

Bachmann agreed with Rep. Mark Udall, D-Colo., that his panel and O'Connor essentially interviewed many of the same people at NASA and came to different conclusions.

Somebody is lying or hiding the truth, apparently. If the panel and O'Connor (NASA's review guy) really did interview some of the same people, why did these people tell different stories about something so serious? This question needs to be answered.

I can't help but think that if I worked for the space program and had serious, career-ending information about astronauts, I'd think through it VERY carefully before I said it out loud where it would get back to Griffin - with my name attached to the allegations. Especially since I would know that he had already been dismissive, to the point of belittling, a whole panel of experts who reported something he didn't like.

NASA is supposed to be doing an anonymous survey as a follow-up to the interviews. I'll be curious to find out if this next round of information collecting matches what the independent panel heard from NASA personnel.

Posted by Martha Griffin
Photos from the River Oaks Shopping Center demolition

Didn't get a chance to get to this yesterday...




I took a few photos of the ongoing demolition at the River Oaks Shopping Center yesterday. The one above is my favorite - kinda looks like a mechanical dinosaur having a little snack, doesn't it? I've put them into this Flickr set, and will add any subsequent pix there.

In the end, this portion of the River Oaks Shopping Center by itself isn't all that important. The cool architectural features are further down West Gray; this end of the center isn't particularly distinguished. What's troubling about this is what it means for the stuff that really is cool and unique and historic. When that new Barnes & Noble is finished, there will be three big bookstores within about two miles of each other - this B&N, the Alabama Bookstop, and the Borders at Alabama and Kirby. I have a hard time believing that even a fairly affluent area like this can support all three of them. If that's true, then it's clear who's the odd man out, and it ain't the big chain stores. That's what people are upset about, and that's why I will not shop at the West Gray Barnes & Noble. Anything I can do to make this decision harder for Weingarten is a good thing.

And of course, there's the eventual fate of the River Oaks Theater, whose lifespan already doesn't appear to extend beyond 2009. I figure there will be some collateral damage as well - it seems to me that any chichi highrise Weingarten might want to build on that spot would mean the death of places like Marfreless, too. Do these things matter to do? Which Houston would you prefer, one that has these existing places, or one that loses them in favor of another generic development? It's no contest from my perspective.

So that's what motivates me, and I hope it motivates you as well to speak up and do something about it. If the Bookstop and the River Oaks Theater were struggling financially, that would be one thing. If they were in disrepair and it was a choice between renovate and rebuild, that would be one thing. If there were any question about their architectural and historical value, that would be one thing. But none of that is so. And I can't sit idly and watch them just disappear. I hope you feel the same way.

Posted by Charles Kuffner
The Center Opens Group Homes for Mentally Retarded Adults

The following is a press release from the Center Serving Persons with Mental Retardation:


The Center Serving Persons with Mental Retardation, a nonprofit agency committed to offering its clients opportunities for personal growth, is opening three group homes for adults in Houston.

The Center already provides assisted yet independent living opportunities for more than 200 adults at its Cullen Residence Hall on West Dallas Street. It has not administered group homes since before that facility opened in 1974.

"Our reasons for establishing these homes now are twofold," explained The Center's executive director, Eva Aguirre. "First and foremost, it enables us to offer more clients even greater prospects for individual choice, self-reliance and independence. Also, the allocation of more government funding through the Home and Community Services program makes this life choice accessible to more adults with developmental disabilities."

Funded by Medicaid, Home and Community Services (HCS) programs provide assistance that enables significantly disabled adults to live in private homes in their communities rather than in institutional settings.

The Center has begun this venture by leasing three three-bedroom apartments with the possibility of establishing additional single-family homes in the near future. Staff members from The Center will work on site to provide assistance and training in life skills such as shopping, meal planning, budgeting and banking. Residents may work or participate in The Center's day programs and will help pay their own rent and living expenses.

"The Center brings to this initiative not just the capacity to care for developmentally disabled clients but 50 years of experience in helping them to realize their potential and to make meaningful contributions to the community," Aguirre said. "We are certain our HCS program will grow in the future, but the number of homes we administer will depend on our clients' interest in this particular living model."

"Our recent agreement with the City of Houston to purchase the land underlying our West Dallas facility enabled us to improve and enhance the services we offer clients on our main campus, but it also spurred us to think about new ways to help more clients," said Jack Manning, president of The Center's board of directors. "We are grateful to supporters all over the Houston area who continue to help us make these goals a reality."


I'm going to be paying a visit to the Center later today to get a tour of the place. I'm really looking forward to that. I'll tell you all about it afterwards.

Posted by Charles Kuffner
Smoke-free Sugar Land

Sugar Land has gone (mostly) smoke-free.


Smoking will be restricted in restaurants, businesses, public parks, as well as Town Square Plaza and outdoor arenas.

But the ordinance does exclude country clubs, retail tobacco stores, tobacco bars, stage areas for theatrical performances and bars in operation on or before December 31, 2007. Smoking is also allowed in the outdoor seating areas of restaurants.

The owner of any premises where smoking is prohibited are asked to enforce the new ban by requesting that any violator immediately extinguish any burning tobacco product.

If they refuse to do so they could be fined not more than $500 for each offense by the City of Sugar Land.


The ban goes into effect on December 31. According to Fort Bend Now, the new law came as a bit of a surprise to some restauranteurs.

At the behest of Sugar Land Mayor David Wallace, city staff members have been working since October 2006 to developed an ordinance to allow non-smokers to breathe a little easier without taking in second-hand smoke. In its preamble, the ordinance says such smoke "kills over 50,000 non-smoking Americans yearly."

Berryhill, a popular Mexican restaurant with a large, often-crowded bar area where smoking is permitted, will have to shoo smokers onto an outdoor patio smaller than the bar area, once the city's smoking ordinance takes effect Dec. 31.

The ordinance preamble states that studies "demonstrate that there is no significant adverse economic impact" resulting from indoor smoking bans, but the notion of such a ban in Sugar Land irritated [owner Jeff] Brooks nonetheless.

He said the strip center Berryhill occupies on the U.S. 59 feeder near Sugar Creek Boulevard "was a ghost town" when he moved his restaurant into it five years ago. Today, "I pay a quarter of a million dollars in taxes" to the city and Fort Bend County annually, he said.

"I'm just trying to run a business," Brooks added. "It's bad enough the Sugar Land cops are sitting in my parking lot at night" trying to make an easy DUI arrest.

If Berryhill met the city's new definition of a bar - an establishment that derives 60% or more of its revenue from liquor sales - then Brooks' business would be exempt from the new smoking ban.

But city officials say only Pennison's, on Settler's Way, and Baker St. Pub in Sugar Land Town Square, meet that definition. Also exempt: the city's country clubs, any "tobacco bars" and retail tobacco establishments.


Smoke 'em while you still can.

Posted by Charles Kuffner
Voter education forum this Saturday

Beneath the fold is a press release from TJ Baker-Holm, whom I met at Wednesday night's HGLBT Political Caucus meeting. Click the More link to read it.

PRESS RELEASE

Tj Baker Holm 4 Congress - Serving District 18

Is Hosting a NON-Partisan Forum.

"Put Your Vote - Where Your Mouth Is"

That's the only way the system will hear us!

Community Forum Addressing Voter Education, Voter Registration and

Becoming a Volunteer Deputy Registrar.

Answering such questions as:

  • Can I vote with a Criminal Record?
  • What does the term "Suspense" mean on a voter's record?
  • How soon before an election can I register and be able to vote?
  • What do I do if I have changed my address, but still live in Harris County?
  • And any other voter related questions?

Marty Morrison of the Harris County Tax Office. Will be on hand to deputized registered voters to become Volunteer Deputy Registrar.

When: Saturday - September 08, 2007

Where: S.H.A.P.E. Community Center - 3815 Live Oak.

Houston, Texas 77004

Time: 9am - 12 Noon

Invited guest as State Representatives, Clergy, Councilmember's and

Other elected officials. As well as Candidates who are seeking to serve District 18. They will be coming out to speak encouraging words of why it's important to vote!

For more information:

E-mail: tj4congress-district18@tjbaker.com

Voice Mail: 832. 212. 7824

Posted by Charles Kuffner
September 06, 2007
In the Pink Texas Monthly

Congrats to Eileen for her new gig as the first-ever editor of texasmonthly.com. The post doesn't say what she'll actually be doing there, though one presumes she'll be livening up the weekly staff meetings, but I'm sure we'll find out soon. Long as she keeps blogging, whether here or there or both, it's all good by me.

Posted by Charles Kuffner
DOJ opposes net neutrality

Can't say this surprises me.


The Justice Department said today that Internet service providers should be allowed to charge a fee for priority Web traffic.

The agency told the Federal Communications Commission, which is reviewing high-speed Internet practices, that it is opposed to "Net neutrality," the principle that all Internet sites should be equally accessible to any Web user.

Several phone and cable companies, such as AT&T Inc., Verizon Communications Inc. and Comcast Corp., have previously said they want the option to charge some users more money for loading certain content or Web sites faster than others.

The Justice Department said imposing a Net neutrality regulation could hamper development of the Internet and prevent service providers from upgrading or expanding their networks. It could also shift the "entire burden of implementing costly network expansions and improvements onto consumers," the agency said in its filing.

Such a result could diminish or delay network expansion and improvement, it added.

[...]

The agency's stance comes more than two months after Federal Trade Commission Chairwoman Deborah Platt Majoras cautioned policy makers to enact Net neutrality regulation.


You'll forgive me, I trust, if I see everything the Bush Justice Department does through a political lens. There's ample precedent, after all.

Nothing else to do here but keep fighting. John and Perry have more.

Posted by Charles Kuffner
Still time for the HISD bond referendum?

I had the pleasure of speaking before the HGLBT Political Caucus on Wednesday night. It actually was more of a Q&A session, which is more fun anyway, especially since I don't exactly have a stump speech I can lean on. Before I got to go, the caucus had a rowdy but civil debate over whether or not to endorse the HISD bond proposal. HISD Trustee Natasha Kamrani was there to make the pitch for the proposal, and Rep. Sylvester Turner showed up to speak against it.

Except that he wasn't really against it - he explicitly did not advocate a No vote, nor did he ask the Caucus to recommend a vote against. He called on HISD to make changes to the proposal so that people like him could support it. He spoke at length about the Williams Middle School, and urged HISD to listen and respond to the community's concerns. Which, if that debate and discussion were an accurate reflection, was mostly about school closings and consolidations, and how HISD came to decide which schools needed to be closed or consolidated. Age of the school itself was not the only factor - as (I believe) Council Member Sue Lovell pointed out, Lanier is 80 years old, yet people from all across town send their kids there. Several people spoke up about the need for real neighborhood schools.

Probably the most interesting tidbit to come out of this conversation was that the proposal really isn't set in stone just yet. Apparently, HISD Superintendant Abe Saavedra has been saying that there are aspects of the plan that are still a work in progress. That ultimately led to the Caucus to decide to defer the endorsement decision till later, after things have settled a bit more. It also means that you can still affect what you'll be voting on. There's one last town hall meeting tonight at Madison High School, and you can always contact your board trustee to give them feedback. My default assumption is to vote for school bonds, but there's no reason not to hold out for something better if you have qualms about this proposal. Make your voice heard, you might just get what you want.

UPDATE: Evan with The Caucus Blog was there taking notes, and has these two posts with more details.

Posted by Charles Kuffner
Looscan Library ribbon-cutting (with photos)

Yesterday afternoon there was a ribbon-cutting ceremony for the new Looscan Library at Willowick and Westheimer. Brief remarks were made by Rhea Brown Lawson, the HPL Director; Mayor White; Council Member Pam Holm; Bonnie Brooks, the President of Friends of Neighborhood Libraries; and Franklin D.R. Jones, Jr., the Chair of the Houston Public Library Foundation. Mayor White received a standing ovation when he got up to speak and made a joke about how nice it is to receive a standing ovation for spending taxpayer dollars. He also called libraries our "secular temples," and encouraged everyone to support their local libraries by volunteering and treating them well. Much thanks was given to Pam Holm and Bonnie Brooks, who were both instrumental in getting this library built.

And what a library it is! Franklin D.R. Jones said that the new Looscan Library is "a model for how we will move forward and make our libraries better," and after touring the Looscan branch, I'm really excited. The library is huge - 20,000 square feet - and includes lots of computers, meeting rooms, reading rooms, and books. There are also very comfortable chairs with built-in speakers. You check out a chair, as you would a computer, choose what you want to listen to on a computer, then sit down and enjoy. All the pictures I took yesterday are viewable here, including this one of the ribbon-cutting:

looscan_090507.jpg

I grew up with Walter Branch, which serves a very diverse population. Walter is small and not really conducive to spending a lot of time there. Most of my interaction with that library was putting books on hold online and picking them up there when they were ready. I'd be so excited to see more libraries (like mine) start to look like Looscan - big and inviting. And I really can't wait for Central to be finished. After seeing the new Looscan, I might finally buy that it's worth the wait.

More on the announced candidates

We know who's running for city offices this year (well, we think we know - more on that in a minute). But who are some of these people? Today's Chron story gives a few answers.


Four incumbent council members will face opposition. District C Councilwoman Anne Clutterbuck faces two challengers, Alfred Molison, a Green Party member who works for the Social Security Administration, and Robert Glaser. At-large Position 2 Councilwoman Sue Lovell will square off against private investigator and frequent candidate Michael "Griff" Griffin. District B Councilman Jarvis Johnson will face Kenneth Perkins. And Melissa Noriega, who won a special election to fill the At-large Position 3 seat vacated by Shelley Sekula Gibbs earlier this year, will have a rematch against retired Air Force officer Roy Morales. Noriega defeated Morales in a June runoff.

[...]

Eight people have filed for District D. The lineup includes the Rev. Michael Patrick Williams, a Houston Community College trustee; Wanda Adams, a city employee; Lana Edwards, the principal of Windsor Village Elementary; retail manager Keith Caldwell; and Lawrence Allen Jr., director of special projects for HISD, a state Board of Education member and son of state Rep. Alma Allen, D-Houston.

Also filing for District D were Leatrice Watson, Florida "Flo" Cooper, and Larry McKinzie.

The District E race often ends up being a Kingwood-versus-Clear Lake fight. This year's contest will be between Annette Dwyer, who lives in Clear Lake and is on Wiseman's citizens advisory committee; former Humble school board member Michael Sullivan; William R. Williams; and Manisha Mehta. A narrow strip of incorporated area in District E connects the far-flung suburban communities on Houston's northeast and southeast.

Alvarado's former chief of staff, James Rodriguez; former union leader and retired Southwestern Bell employee John Marron; and J. Brad Batteau are running for District I.

The At-large Position 5 race will be between lawyer Jolanda Jones; engineer Zaf Tahir; lawyer and former Houston police officer Tom Nixon; minister John Gibbs; mortgage company owner Marlon Barabin; Jack Christie and Ray Ramirez.


First things first - where's Joe Trevino in that enumeration of At Large #5 candidates. Note that the story doesn't say "The At-large Position 5 race includes", which would imply a partial listing. I've received an email from Trevino this morning confirming that he's in the race. I've sent an email to Kristen Mack and Jennifer Radcliffe to ask them about this. I'm guessing it's just an oversight, but we'll see.

Beyond that, well, there's still a lot we don't know about some of these folks. I realize it may be a tall order with the flurry of last-minute filings to even find out what they all do (or did) for a living, but since I'd bet that the next time we see some of these names will be in the election results stories, it would have been nice to have known more.

Here's a philosophical question for you: Why is Outlaw Josey Wales IV a "perennial candidate", while Michael "Grif" Griffin is merely a "frequent" one? Especially when you consider that Grif (or "Griff", depending on the year) has been on every November municipal ballot but one (plus one special election in January) since 1993, while the Outlaw is making only his second appearance (he ran against Lee Brown in 1999)? Don't take my word for it - see for yourself. Maybe the reporters are conflating him with Jack Josey Terence (sometimes just Jack Terence), who's been on at least three ballots since then, including the same Mayoral one with the Outlaw in '99. Perhaps the distinction being drawn here is just for the purpose of avoiding adjective repetition. If that's the case, though, I'd argue that these two should be swapped.

Moving on to the other races:


Five contenders -- including former City Council members Carol Mims Galloway and Michael Yarbrough -- will run for the HISD school board seat being vacated by Harris County employee Kevin Hoffman. Galloway on the board before running for City Council.

The other contenders for the post are pastor Larry Williams, marketing director Charles McCloud and Reginald Adams, executive director of the Museum of Cultural Arts, Houston.

Former HISD principal Davetta M. Daniels will face businesswoman Paula Harris for the seat being vacated by 81-year-old Arthur Gaines.


Well, at least we know all these folks' occupations. I should note that there are also HCC Trustee elections going on this November, though that didn't get a mention in the story. There are two races that I know of, one featuring Kevin J. Hoffman (not to be confused with outgoing HISD Trustee Kevin H. Hoffman) running against incumbent Yolanda Navarro Flores in District I, which is where I live. Another is in District VII, where Jay Aiyer has stepped down. Former candidate for Fort Bend Treasurer Neeta Sane is in that one; I don't know offhand who she's running against. And of course there's the HISD bond referendum, which is experiencing a bumpy road right now, and the various constitutional amendments, the best-publicized of which is surely to be Prop 15. Lots to learn about all these candidates and issues, and only two months in which to do it.

Posted by Charles Kuffner
Yanez announces for Supreme Court

The good news is that Court of Appeals Judge Linda Yanez has announced her intention to run for the State Supreme Court. From her press release:


Yanez, a Democrat and the Senior Justice on the 13th Court of Appeals, said she could no longer turn a blind eye to the "extreme right judicial activism" of our state's highest court. One of the highest profile examples of the current brand of judicial activism is the case of Duenez v. F.F.P (Link to Texas Monthly coverage of case: http://www.texasmonthly.com/preview/2005-11-01/feature4) "I authored the Court of Appeals' decision that affirmed the jury's verdict in favor of the brain damaged child victim of the drunk driver," Yanez noted. "The current members of our state's highest court reversed a jury verdict, ignored the Dram Shop law, and overturned their own prior ruling in the same case after an election took place."

The Duenez case is just one symptom of the larger problem the Supreme Court suffers from, Yanez argues. "One-party rule has once again bred arrogance, group-think, and allowed the pay-for-play politics that favors insurance companies and large firms to go unchecked." Yanez referred to recent studies authored by non-partisan consumer watch groups Texas Watch and Texans for Public Justice that indicate the all-Republican court has taken millions of dollars from insurance companies and corporate defense firms in recent years while ruling against consumers 84% of the time last term --up from 52% of the time in 2000. "The court's behavior gives regular Texans every reason to question if Justice is for sale on our state's highest court."

Yanez, a Democrat, was appointed to the Thirteenth Court of Appeals in 1993 by Governor Ann Richards -- making her the first Hispanic woman to serve in an appellate court in the history of Texas.

Justice Yanez' work ethic and commitment to education have carried her from the cotton fields of South Texas, to becoming an elementary school teacher, an attorney, and a judge. A former Clinical Instructor at Harvard Law School, Justice Yanez received her Master of Laws from the University of Virginia, led President Clinton's transition team on immigration issues, and received the "Lifetime Achievement Award" from the Hispanic Bar Association. Place 8 is currently held by Republican Phil Johnson, who was appointed to the bench in 2005 by Governor Rick Perry.


The bad news is that she's announced for the same seat that Judge Susan Criss has announced for, meaning we've got two well-qualified candidates vying for one spot, with two other seats left unchallenged. Much as I like the idea of a contested primary between two good contenders, there's got to be a better answer than this. If the other two slots get filled with people of similar quality, then I'll cope with it. But man, would I rather get to vote for both Yanez and Criss in November of '08 than have to choose between them in March. I hope one of them chooses to aim for another seat before the filing deadline.

Posted by Charles Kuffner
"The Evolver"

You've probably heard about Robert Draper's book Dead Certain, in which the author got a remarkable amount of access to President Bush. If you haven't bought the book yet, you can read an excerpt from the excerpt that Texas Monthly will be publishing in its October issue, which covers how Bush went from deciding to run for Governor to deciding to run for President. It's here for the usual limited time only. I found it fascinating, and more than once wanted to build a time machine so I could travel back to 1994 and beat some sense into Ann Richards' campaign team.


For years, Bush's stunning 53--46 victory over the mighty Richards would be seen by some as a referendum on Clinton, part of the Newt Gingrich tidal wave that washed away scores of Democrats great and small. Mainly, though, it would be hailed as a triumph of ferocious discipline--the challenger inseparable from those four issues, his "Roman candle" temper never once igniting as he waded obliviously through the rivers of kerosene Governor Richards poured with her incessant references to "Shrub" and other Molly Ivins inspirations. It would be remembered for [Karl] Rove's crafty incursion into the yellow-dog-Democrat territory of East Texas, where allegiances were wobbly to Hollywood Ann, what with her alleged posse of lesbians and her rumored druggie past.

Unremembered would be the Bush campaign's missteps--so many of them early on that [Jim] Francis and Rove sacked nearly the entire staff in the spring of 1994, bringing in the burly Joe Allbaugh from Oklahoma and a former TV reporter and state Republican party director named Karen Hughes to right the foundering vessel. Forgotten as well were the clunky early speeches Rove wrote for George W. and the latter's tendency to bark out alarming declarations on the stump like "I am a capitalist!" before Message Dominatrix Hughes curbed his tongue.

For all the Rove/Hughes/Allbaugh Iron Triangle's shrewdness, the Bush campaign was far from seasoned. Its policy director, Vance McMahan, had not worked a day in politics or government. Hughes herself had no experience in a campaign, Allbaugh none in Texas. And the man on whom George W. would most frequently rely for clarifying issue sticking points--and for delving into his past so as to anticipate questions about his bachelor days and his service in the National Guard--would be a 23-year-old University of Texas graduate named Dan Bartlett who happened to be the only one in the office when the candidate would call at seven in the morning, asking, "It says general crime's gone up in Brazos County by thirty-six percent, but how do we know that?"

This first Bush Machine was more akin to a children's crusade, and Richards had ample opportunity to squash it. But the governor preferred her exquisite put-downs to an engaged campaign. For months she paid her opponent no heed while he laid out the four defining issues. (But only those four; George W. had no life experience in matters such as health care, and it did not occur to the Richards camp to expose his ignorance early on.) For the same period, she spent little from her huge, Hollywood-endowed war chest when she could have forced the Bush camp to drain its lesser coffers. And Richards assumed that areas of Texas in which Republicans from time immemorial had been gaily tarred and feathered did not require her attention. She had forgotten one of her favorite aphorisms, that 80 percent of life is just showing up. That formula seldom holds true in politics, but it did in Texas in 1994: George W. showed up, Richards did not, and that made 80 percent of the difference.


sigh What might have been, what might have been. I'm not disputing the assertion that Texas would have gone Republican with or without Karl Rove and George W. Bush. I just don't think it necessarily had to go as Republican as it did. Remember, the Democrats came within a whisker of electing John Sharp over Rick Perry as Lite Guv, and Paul Hobby over Carol Keeton Rylander as Comptroller, in 1998. Had it not been for Bush's huge coattails, aided by his close relationship with the likes of Pete Laney and Bob Bullock, who knows how thing might have turned out with, say, the 2001 redistricting effort. I have a hard time imagining things being that much worse for the Democrats in just about any possible alternate universe you can reasonably conjure.

Anyway, there's plenty there, but get it while you can. Slate has some more excerpts if this wasn't enough for you.

Posted by Charles Kuffner
Another year, another dollar coin design

And the great dollar coin experiment continues on.


Congress on Tuesday approved a redesign of the Sacagawea dollar in hopes of enticing consumer and business use of the gold-colored dollar.

Under legislation passed by voice vote in the House and sent to President Bush for his signature, new editions of the coin honoring the young Shoshone who helped Lewis and Clark on their trek to the Pacific Ocean more than 200 years ago will come out in 2009.

The new coins will continue to depict Sacagawea and her child, but they will feature scenes on the reverse side, changed annually, commemorating the achievements of other Native Americans and Indian tribes.

"These designs will take the American people to a journey of different experiences of native people by exposing them to their unique histories while preserving the memories of Sacagawea," said Rep. Dale Kildee, D-Mich., sponsor of the bill.

The Sacagawea dollar was first minted in 2000 to replace the Susan B. Anthony dollar coin. But like its predecessor, it failed to win public acceptance and today is produced only for sale to collectors.


You all know how I feel about all this. I'm perfectly happy for there to be dollar coins. Hey, I've collected coins in my life. Coins are cool, and seeing so many new coin designs after a long stretch of sameness is even cooler. Just as long as it's understood that the good ol' dollar bill is here to stay, I'm happy. It seems to me that the mere fact that we keep trying to find a magic design that will make consumers switch from the bill to the coin should tell us how futile this pursuit is. If there was ever a time when the coin could have supplanted the bill, it was back before every vending machine on the planet accepted dollar bills. Now that they all do, there's no advantage to the coin from a user's perspective. The coins will be a curiosity and a collector's item, nothing more and nothing less.

The U.S. Mint this year has produced about 7.5 million Sacagawea coins. By comparison, through July this year the Mint has made about 775 million of the new presidential $1 coins. Those coins depict U.S. presidents, starting with George Washington, with a new coin coming out every three months.

You know, I'd forgotten we even had the Presidential coins out there. Far as I can recall, I haven't even seen one yet. Let's just say that doesn't give me any confidence for its long term success.

By the way, I blogged about the failure of the Sacagawea coin to make it on the market five years ago. The more things change...

Posted by Charles Kuffner
EZ Tag traffic down

Traffic in Houston's EZ Tag lanes was down 7 percent on Tuesday after the 25 cent toll increase went into effect compared to the week before.


Officials attributed the dip in part to some commuters stretching out their Labor Day weekend, but some may have decided to take other routes because of the higher toll.

"It could be either, or both," said Patti Evans, spokeswoman for the Harris County Toll Road Authority. "The best way to get a feel for whether the toll increase has affected traffic is to see its effect over a longer period of time.

"If the numbers are still down next week, we'll know it's not the holiday."

Evans was emphatic that the modest toll increase "wasn't intended as congestion pricing" -- setting tolls high enough to persuade some drivers to take other routes or commute at other hours.

[...]

Overall traffic counts were not available, but the electronic EZ Tag monitors showed 272,126 motorists systemwide from 6 a.m. to 10 a.m., compared with 291,996 for the same hours on Tuesday, Aug. 28, a decline of 6.8 percent.

For the crowded Westpark Tollway, which accepts only EZ Tags, the count fell 5.3 percent.


Has anyone checked to see if there's been an increase in traffic on Richmond Avenue? I think we all understand why HCTRA officials are adamant about this not being called congestion pricing, but assuming it isn't just a matter of folks taking a longer weekend, then I'd look to basic supply-and-demand for the reason. The price went up, and people consumed less. It's just a question of what alternative they chose.

Posted by Charles Kuffner
September 05, 2007
The filing deadline approacheth

Only three hours till the filing deadline for the November city elections. Here's the candidate list (PDF) as of this morning - Matt Stiles has it in sorted Google docs format here. Despite his earlier press release, Roy Morales has not made an appearance yet. As things stand now, only Sue Lovell would have an opponent among the At Large incumbents, and as she'll be facing perennial candidate "Grif" Griffin, I doubt she's terribly worried. Among the other Council incumbents, only Anne Clutterbuck in District C has a challenger so far. Mayor White has two foes; I look forward to the endorsement debate on blogHouston between Outlaw Josey Wales IV and Amanda C. Ulman.

The open seats are where the action is. Six candidates for At Large #5 - Democrats Jolanda Jones, Zaf Tahir, Jose Trevino, and Marlon Barabin; Republicans Jack Christie and Tom Nixon. I tend to think Jolanda Jones has a leg up on getting into a runoff, but all bets are off on that. District D has five contenders, District E has four, and District I has the same two it's had since January. I plan to do another round of candidate interviews for these races as time permits. If you're involved in any of them and haven't already spoken to me, please drop me a note (kuff - at - offthekuff - dot - com) so we can arrange a time for an interview. Meanwhile, I'll update this post as new information about who is or isn't filing comes in.

UPDATE: Here's the updated list. Jarvis Johnson drew an opponent, a third candidate came forward in Districts C and I, and the final totals for District D and At Large #5 is eight in each. Yowza.

Posted by Charles Kuffner
It's Time For HISD's "Reach Out To Dropouts" Effort

Houston City Council Member Adrian Garcia sent this message out, and Rick Noriega got it and sent it to me:

We are all aware that the back-to-school time is upon us. Many students and parents are very busy looking for the right school clothes and supplies. Unfortunately, some of our youth do not intend on being at school on the first day or any day thereafter, they have made the decision to drop out! These young people need to know that education is the key to a successful future, which is why I am asking you to join me for the "Reach out to Dropout Walk". This initiative is an excellent outreach effort to bring these youth back to school, where they belong. This is a huge task and many volunteers are needed.

The walk will attempt to recover students who did not return to class, as well as those who have demonstrated chronic absenteeism. It will take place on September 8, 2007 from 8 am to noon. I have participated in this effort for many years, and I have seen how a simple visit by someone from the community, expressing an interest in them, has made all the difference. Your participation can influence a young person to make the right decision! Please see below for more information on how to sign-up to volunteer for the walk.

This is an extremely worthy cause. It's an innovative way to get kids back in school and increase the graduation rate. Plus, it's a reminder that it takes all of us - businesses, the City, community organizations, parents and concerned citizens - to ensure that education is a priority in our community. Council Member Garcia concludes with this:

Interested volunteers should go to HISD's Reach Out To Dropouts page. A brief online application should be completed. Volunteers can select the school of their choice. Volunteers walking on behalf of Councilman Adrian Garcia should select one of three schools: Sam Houston High School, Davis High School, or Wheatley High School. A captain will be assigned to each school: Ed Gonzalez will be assigned to Sam Houston High School, Patrick Castillo will be assigned to Davis High School, and Adrian Allen will handle Wheatley High School. Please email Ed Gonzalez at ed@adriangarcia.com should you have any questions or to let him know what school you have selected.

Also, each volunteer should watch a 24-minute video providing details of the event.

It's not too late to sign up to volunteer. Friends of mine have participated in the past and thought it was a great experience. Campaign and political people - this is no different than blockwalking, so you know what to do!

Posted by Martha Griffin
Prop 15 campaign kickoff at Rice today

The following is a press release from State Rep. Ellen Cohen:


In 1962, President John F. Kennedy issued his challenge to land a man on the moon by the decade's end at Rice Stadium. The same week, 45 years later, the challenge to find a cure for cancer will be issued at Rice Stadium by cancer survivor Lance Armstrong and other VIPs who are supporting Proposition 15 to secure state funding for research on a disease that affects 650,000 Texans.

In addition to Armstrong, scheduled speakers include Rep. Ellen Cohen, Sen. Jane Nelson, Rep. Senfronia Thompson, and Rice University President David Leebron. All will encourage Texans to vote for Proposition 15 on Nov. 6th.


Alas, it's a media-only event, so most of us will have to wait to see this on TV later today. As you may recall, Prop 15 "Requires the creation of the Cancer Prevention and Research Institute of Texas and authorizes issuance of up to $3 billion in bonds for research in Texas to find the causes of and cures for cancer." Here's a full list of the proposed constitutional amendments we'll be voting on this fall. Meanwhile, if you don't want to wait to see what happens at today's campaign launch, here's some video of a previous political event at Rice Stadium that you might have heard of. Enjoy!

Posted by Charles Kuffner
Only six more to go

Six more hurricanes, that is.


Hurricane expert William Gray downgraded his 2007 Atlantic storms forecast slightly Tuesday, but he still predicted above-average activity for the remaining three months of the season, with six more hurricanes, three of them major.

One of those hurricanes was lashing the coast of Honduras on Tuesday as a powerful Category 5 storm named Felix, said forecaster Phil Klotzbach, a member of Gray's team at Colorado State University.

Klotzbach said a combination of a weak La Nina and low pressure readings in the Atlantic usually indicated an active 2007 season.

The first two months of the Atlantic hurricane season, June and July, had average activity with two named storms but no hurricanes. August was about average, with one hurricane, Dean, which grew into a Category 5 storm before hitting Central America.


Well, I like the trend, anyway. Won't be of much consolation to the folks who've had to live through Felix or Henriette, though. And there's always something else to worry about. So stay tuned.

Posted by Charles Kuffner
Que Quechup?

One other thing I generally don't do while I'm out of town is deal with email that requires anything more than a read and maybe a quick response. That was a good thing this weekend, because I had three invitations to join a networking service called Quechup in my Inbox, and it turns out that anyone who did sign up for this thing was at risk for spamming everyone in their address book. Look, Mom - procrastination can be good for you! Anyway, those of you who have not seen this before, now you know. As always, be careful what you click on.

Posted by Charles Kuffner
Why is Kinky Friedman still in my newspaper?

Oh good Lord, are we going to be subjected to this same story every time he opens his mouth near a reporter?


Kinky Friedman is considering entering the campaign for Texas governor in 2010 as a Democrat.

Friedman said the Democratic party, which hasn't won a statewide election in more than a dozen years, could use a nontraditional approach to connect with voters.

"I consider myself a Democrat in the mold of JFK, (former Texas Gov.) Ann Richards and (journalist) Molly Ivins," Friedman said.


Seems like only last month we were dealing with this banality. Why it's considered news again when nothing appears to have changed is beyond me. Oh, and it's pretty damn rich for a guy who voted for Lamar Smith to claim that he's somehow akin to Ann Richards and Molly Ivins.

Friedman, an entertainer and novelist, finished behind Gov. Rick Perry, Democrat Chris Bell and Carole Keeton Strayhorn, the Republican state comptroller who ran as an independent.

"If God was running as an independent (in 2006), he couldn't have beat Rick Perry," he said.

Democratic Party spokeswoman Amber Moon said they welcome all Texans who share the party's values.

"But he might have a difficult time getting Democratic primary voters to support him considering that he came in fourth."


Let me say this again, in the hopes that I won't have to say it yet one more time: Kinky Friedman is welcome to run in the Democratic primary for Governor in 2010 if he wants to. It's still a free country, and as long as his check for the filing fee clears, he can be a candidate. Why any Democrat would want to vote for him is a question I can't answer. Beyond that, there's nothing new to see here. Until such time as he takes formal steps towards organizing a campaign, let's please move on.

Posted by Charles Kuffner
"Dirty Jobs"

Have I mentioned that we love the show "Dirty Jobs" at the Kuffner household? Here's a nice feature story about this show, which captures part of the reason why we like it so.


It's a crystal clear afternoon here, and for once -- just once -- Mike Rowe is clean.

Rowe is sitting at a lunch table in a somewhat unlikely location: a recycling center on the city's rugged southeastern fringe, not your average place for a picnic but nicer than most of the holes that he is usually found in.

The problem is Rowe's occupation. Or occupations, as the case may be. For the last three years he has been the host of Dirty Jobs, the gross-out cable hit on the Discovery Channel, a gig that has exposed him to untold tons of sludge, sewage, mud, manure, detritus, excreta, road kill and plain old nastiness.

Worse yet, he seems to enjoy it.

"TV does a bad job of portraying common people," he said as recycling workers drove by with forklifts hauling giant bricks of crushed cans. "By and large they are either turned into heroes, with a lot of dramatic cello music behind everyday activities, or they are reduced to these punch lines.

"My idea was if I really tried to do the work -- really, really tried -- and not be afraid to fail or look bad next to the person who's actually made a career of this, then in the end when the dust settles we'll have this situation where the viewer can determine how difficult the job is on their own and determine how gifted the actual worker is."

Eddie Barbini, an executive producer of the show, said Rowe's appeal was his ability to be, well, normal.

"There are no spokespersons for the workingman out there," Barbini said. "But Mike is that guy."


That's pretty much it in a nutshell. The show takes the jobs and the people who do them seriously and treats them respectfully without being condescending and yet still having fun. Plus, Mike Rowe is just a hoot. Catch it some night and see for yourself.

Posted by Charles Kuffner
September 04, 2007
HFD Intern blogging

Meet Tobias Schafer, who is a firefighter from Germany here visiting Houston as an intern with HFD and blogging about his experiences. It's pretty interesting reading, both in terms of seeing what firefighters do and seeing our city through a visitor's eyes. Some good pictures there, too, so go check it out. Thanks to Larissa Lindsay for the tip.

Posted by Charles Kuffner
Olivo gets primaried again

Hal reports on the announcement that Fort Bend activist Ron E. Reynolds will challenge State Rep. Dora Olivo for the Democratic nomination for HD27 next year.


District 27 has been represented by state Rep. Dora Olivo (D - Rosenberg) for the past 6 legislative terms. District 27 includes most of southern Fort Bend County including Rosenberg and Missouri City, but not Sugar Land. It is widely viewed as a safe Democratic district as in 2006 she trounced her Republican opponent, Fort Bend ISD Trustee Ken Bryant by a whopping 61% to 39%.

While there has been no public statement from Olivo as to whether she will run for re-election, it is widely held that there is no question that she will.

Her primary opponent in 2006 was Stephen Brown, a Missouri City health care lobbyist. Brown lost to Olivo by nearly exactly the same percentages (60% to 40%) as Bryant did in November. Brown was a relative unknown whose campaign did not garner the endorsements of Olivo's fellow state representatives, state reps for whom Brown had worked in various capacities, as it would prove to be, shall we say, awkward. Those who knew him couldn't endorse him.

That cannot be said of Ron Reynolds. Reynolds is the current president of the Missouri City & Vicinity NAACP, a local community leader, and is widely viewed by those who know him as a progressive Democrat and is well-known in the area.

A primary contest between these two well-known progressive Democrats will play a little differently than in 2006, I think.


What I recall from the '06 primary is that there were questions about whether Brown was being backed by Tom Craddick. I know that Brown himself denied these rumors, and offhand I don't recall any evidence coming out to demonstrate that he had financial backing from Team Craddick, but the questions were there anyway.

There are a lot of undercurrents to this year's contest, so let me commend you to read Hal's post, as well as this followup, for more on the story.

Posted by Charles Kuffner
And so the demolition begins

I don't know when exactly it happened, since I was out of town for a few days and just drove past it for the first time in nearly a week today, but demolition has finally begun on the River Oaks Shopping Center. The structure is still mostly in place, but the outer walls were pretty much gone as of this morning. Naturally, I left the camera at home today, so I can't show you a picture. I'll try to rectify that tomorrow. In the meantime, if you want one last look at something recognizable as the onetime Shopping Center, or you just like seeing things go boom, drive by and see it while you still can.

UPDATE: From the Chron:


Despite one of Houston's largest historic-preservation campaigns, demolition of the River Oaks Shopping Center began at 1 p.m. this afternoon. A bulldozer knocked in white brick walls at the back of the building at the northeast corner of Shepherd and West Gray -- a well-preserved Art Deco building designated a City of Houston landmark and ruled eligible for the National Historic Register.
Preservationists, neighbors and a reporters gathered in the parking lot next to the demolition site. "It's like a funeral," said Sarah Gish, founder of Save Our Landmarks. "It's a tragedy that a city-designated landmark has to come down."

David Bush, a spokesperson for the Greater Houston Preservation Alliance, noted that the shopping center is the first of three historic buildings that owner Weingarten Realty Investors is expected to demolish. "The Alabama and River Oaks Theatres are still on the block," Bush said. "The Alabama's next. And if you think people cared about this building, just wait. Feelings about the theaters run ten times stronger."


I'll take some pictures tomorrow. The next question, as always, is how long will it be between demolition and construction? Unlike some other projects, this one is not speculative. The property owner has a specific end in mind. In theory, the only thing holding it back should be the permitting process. We'll see how long that takes.

Posted by Charles Kuffner
Tolling the interstates?

Here's a story from the weekend that I daresay raised an eyebrow or two.


The Texas Department of Transportation is pushing Congress to pass a federal law allowing the state to "buy back" parts of existing interstate highways and turn them into toll roads.

The 24-page plan, outlined in a "Forward Momentum" report that escaped widespread attention when published in February, drew prompt objections Thursday from state lawmakers and activists fighting the spread of privately run toll roads.

"I think it's a dreadful recommendation on the part of the transportation commissioners here in Texas," said Senate Transportation and Homeland Security Committee Chairman John Carona, R-Dallas.

"I feel confident that legislators in Austin would overwhelmingly be opposed to such an idea," he said. "The simple fact is that taxpayers have already paid for those roadways. To ask taxpayers to pay for them twice is untenable."

[...]

The report not only advocates turning stretches of interstate highways into toll roads, but it also suggests tax breaks for private company "investment" in such enterprises.

It seeks changes in federal law to allow the use of equity capital as a source of transportation funding. Along with that, it calls for altering the tax code to "exempt partnership distributions or corporate dividends related to ownership of (a) toll road from income taxation."

[Transportation Department spokesman Chris] Lippincott said he's surprised by the surprised reactions, noting the agency discussed the issue at four public meetings and sent a link to the draft report last December to all members of the Texas Legislature.

Besides, he said, state law would prevent the conversion of interstate highways into toll roads unless such a plan gained votes of county commissioners and taxpayers in a referendum.


Lots of stuff here. I don't understand the finances very well, so it's not clear to me why this is a "better" mechanism for funding road construction than what has traditionally been done. I have to agree with Commissioner Lippincott in that it seems like this whole idea will be a nonstarter. It's nigh impossible to imagine the Lege changing state law to make it easier to implement this idea, and under current law I can't imagine any county voting to adopt such tolls. Almost makes you wonder why TxDOT bothered to ask. On the other hand, given the great level of (well deserved) mistrust with TxDOT and its toll-road monomania, it's really not that hard to understand why people reacted as they did to this report, however unlikely this provision of it is to become reality. Link via Eye on Williamson, who has more.

UPDATE: More from the Observer blog.

Posted by Charles Kuffner
Is it a surcharge if no one pays it?

I've blogged before about the "Texas Driver Responsibility Act of 2003", which added large surcharges to various traffic offenses. Turns out, quite a few people aren't paying them, even though they risk arrest for not doing so.


Passed in 2003, the Texas Driver Responsibility Law adds fees ranging from $100 to more than $2,000 for drivers who have repeat traffic violations, drive drunk or are caught without insurance or a license.

Drivers who don't pay the surcharges lose their licenses -- until they settle up.

But that doesn't seem to be slowing down hundreds of thousands of Texas motorists. Nearly 775,000 are not paying the surcharges, according to the Department of Public Safety.

A driver whose license has been suspended for not paying surcharges could be arrested if caught driving.

[...]

A new law that took effect Saturday is supposed to make it easier for drivers to pay their surcharges and allows DPS to offer periodic amnesty programs under Senate Bill 1723. Officials declined to speculate on what the program would look like.

"Anytime that you make a major change in behavior, you have to come back and tweak," House Law Enforcement Committee Chairman Joe Driver, R-Garland, said.

But state Sen. Eliot Shapleigh, D-El Paso, a passionate critic of the driver surcharge program, is skeptical that changes will fix a system he considers to be terribly broken.

"We are working against ourselves. Courts are clogged, police are drawn into this and away from violent crime, and judges complain," he said. "We need to use laws to alter behavior, not to re-create debtor prisons."

Texas outlawed the practice of jailing people for not paying debts in the infancy of the republic in 1836, he noted.

"People with arrest warrants, even for traffic tickets, can't get a job, so problems compound because they lack income to pay their charges," Shapleigh said.

Lawmakers created the program to generate revenue for trauma care when they faced a $10 billion budget shortfall in 2003. Money from the surcharges is divided evenly between hospital trauma care and state highways, and DPS gets 1 percent to administer the program.

As of Aug. 17, DPS had billed $886 million but received only $288 million -- a collection rate of less than 33 percent. Once drivers accumulate enough points or are convicted of more serious offenses, DPS sends them a letter and a bill for the surcharge.


There's nothing wrong with the idea of adding extra penalties for repeat violaters, or people who fail to comply with the terms of their original sentence. But it seems to me there are several problems with the approach the Lege took in 2003. For one thing, as we well know, there's a real shortage of jail space all over the state. Having to devote such scarce resources to housing people who didn't pay their traffic tickets only exacerbates that, and compels county commissioners courts to float jail bonds. A lot of the people who have warrants out for their arrest under this law have no idea of the trouble they're in. Most perniciously, using these kinds of fees as a means to fund budget items just incentivizes perpetual fee increases. Yet with such a lousy collection rate, which seems likely to get worse if the fees ever do go up, this is an unreliable revenue source for whatever destination for which it's intended. All in all, this is a solution to a problem that causes fairly significant problems elsewhere.

Tamara Shippy of Friends- wood got so upset over assorted surcharges that she created an online petition last month in hopes that other angry Texans will speak out.

"It's unreasonable," the junior college student said. "It's unfair. It's just mind-boggling. It seems too cruel to actually exist."

Shippy got swooped up by the surcharge system after police ticketed her for an expired license, which socked her with an additional $100 for three years.

Shippy said she would not have driven her car had she known that her license expired.

More than 200 people have signed her petition in the first two weeks online at www.petitiononline.com/TXDRP07/petition.html.


Grits blogged about this last week. I had it on my to-be-linked-to list but didn't get to it before the weekend. This seemed like as good a time as any to get around to it, so here it is.

Posted by Charles Kuffner
Jack comes to the radio dial

We've got ourselves a new station format in town.


The eclectic, iPod shuffle-like music format known as Jack FM [made] its Houston debut at 10:37 a.m. Friday at 103.7 FM.

The Cumulus Media station, now known as KIOL or Rock 103.7 FM, will be reformatted as KHJK, said Pat Fant, Cumulus' Houston market manager.

Houston will be the seventh market in Texas and the fifth top 10 market in the country to add Jack FM, which formats about a thousand songs by 500 artists in 18 genres of music dating from the late 1960s through today.


I liked this idea when I first heard about it, and I still like the concept. Having said that, and having now done a fair bit of shuffling on an iPod that holds about 500 songs, I can tell you that 1000 tunes don't stay fresh for as long as you might think. I hope that number increases over time, or failing that, I hope at least some new songs rotate in and old ones out on occasion. Looking at the sample list from Houstonist, I feel hope that at least I'll get to hear some new-to-me stuff for awhile, though clearly there'll be some old and very familiar items in there as well.

Jack FM operates without live DJs, so Cumulus will attempt to find positions elsewhere in the company for Rock 103.7's current on-air personalities.

Well, that explains why Walton and Johnson moved on. I like this idea even more now. If nothing else, at least now I have a decent alternative for when KACC's signal is weak. That's definitely a good thing.

Posted by Charles Kuffner
Q&A on the Universities line

Some good questions and interesting answers concerning the Universities line, all of which arose during last week's public hearing. A couple that caught my eye:


Q: Christof Spieler and Daphne Scarbrough asked why plans do not show a station serving the densely populated and largely Hispanic Gulfton area. Instead, tracks along Westpark are shown running directly from South Rice to the Hillcroft Transit Center.

A: The original thought was that outside Loop 610 and the South Rice station we would operate more of an express service, stopping only at existing facilities which are along the right of way and have parking.

However, because we've heard this concern and understand the rationale, we are currently examining possible locations for a station in the Gulfton area. This possible additional station would be included in the Final EIS.


You'd be hard-pressed to find an odder couple than Spieler, who is a transportation expert and an advocate of the Cummins option for the Universities line and who has been pushing for a Gulfton station to make the line serve its route optimally, and Scarbrough, who is a plaintiff in the lawsuit against Metro whose aim is to force a Westpark alignment, and a long-term opponent of light rail in general in Houston. Needless to say, their motivations in asking this question are different.

Q: Three and a half years after MetroRail began running, stoplights along the Red Line still are a problem, with lengthy waits for motorists and pedestrians when no trains or cars are approaching.

Joan Morgenstern and John Douglass expressed concern about similar delays on Richmond at Shepherd, Kirby, Buffalo Speedway, Dunlavy and Mandell, with traffic backing up onto neighborhood streets. How will you prevent that happening on Richmond?

A: The Red Line intersections from Pierce to Montrose go to an all-red phase when the train gets its "go" bar signal. This all-red signal phasing was developed due to the number of drivers that disregarded the "no left turn" signs when the train first began service. Metro, with the city's concurrence, implemented this all-red phasing in March 2004.

Can this be changed? Later this year, Metro is having a traffic engineering firm evaluate all the signal operations on the Red Line to make improvements, so the answer to that question is "maybe." We have to wait on the recommendations. Metro doesn't want to compromise safety.

Traffic signals on Richmond will be different in two significant ways. First, left turns at signalized intersections will be allowed during a protected left turn phase (the left turn signals will be red all other times).

The light rail train can get its "go" signal when straight-through traffic on Richmond has a green signal, which is much less disruptive than all-red phasing.

Second, all approaches to the intersection will have traffic detection, so that the intersection controller can change its operation in response to demand.


There's already an intersection like this on the Red Line, at Greenbriar and Old Spanish Trail, which happens to be right near where I work. Basically, the train, which is traveling along Greenbriar at this point, behaves like vehicular traffic on that street - it waits for the green light. There's a protected left turn in all directions, for which the train sits and waits. To my knowledge, there's never been a train/vehicle collision at this intersection, though I almost witnessed one myself a couple of years ago when a car heading west on OST suddenly pulled out of the left turn lane and blew through a red light; about three seconds later, a train passed through the intersection.

Obviously, you don't want the train waiting at too many red lights, since then it isn't much more efficient than a bus. But having this kind of signaling at some of the intersections above makes sense.

Posted by Charles Kuffner
September 03, 2007
Texas blog roundup for the week of September 3

Even though it's Labor Day, we've still got a Texas Progressive Alliance Blog Round-Up for the week. This Labor Day edition was compiled by Vince from Capitol Annex. Take it away, Vince!

In the opening part of his in-depth series on the policies of the Democratic presidential candidates, Phillip Martin at Burnt Orange Report examines where the candidates fall on issues concerning energy and the environment. From their stance on CAFE standards to new coal plants, to renewable energy and greenhouse emissions, the post provides a well-sourced comparison of all 8 of the candidates' platforms.

Texas Toad at North Texas Liberal lets us know that, even after embattled Attorney General Alberto Gonzales' resignation, Texas' unpopular Sen. John Cornyn is still defending Bush's crony.

As Bush prepares to ask Congress for $200 billion in supplemental spending TXsharon at Bluedaze tells us just who The Iraq War Profiteers are.

Muse at Musings liveblogs NASA Administrator Michael Griffin's press conference about astronauts and alcohol use and finds his "sensationalism" and "urban legend" accusations of the independent commission¹s report a little tiresome. Not to mention defensive.

Over at Texas Kaos, in "Clinton Did Nothing to Stop Bin Laden" Is a GOP Lie, Krazypuppy takes on the Republican lie that Democrats are soft on terror with some of them facts we in the Reality Based Community are always on about. As one commenter notes, Dems aren't weak on terror, they're weak on Republicans. Time for that to change, for America's sake, Iran's sake, and the entire world's sake.

Someone shoved a press release under Hal at Half Empty's nose: Ron E. Reynolds will challenge Dora Olivo for state Representative in HD 27.

WCNews at Eye On Williamson posts on TxDOT's plan to buy back interstate highways from the federal government and put tolls on them and asks Will TxDOT' Plan To Toll Interstates Be Tipping Point?

The last public hearing prior to METRO choosing a route for its Universities light rail line was this past Tuesday. Alexandria Ragsdale attended the hearing, made her statement in favor of a Richmond Avenue alignment, and blogged all about it at Off The Kuff

Whosplayin.com shares correspondence with his Congressman urging the avoidance of pre-emptive war against Iran and shares a study regarding the administrations probable plans on the matter.

John at Bay Area Houston claims the recent changes to the Texas Residential Construction Commission makes it the most expensively worthless Commission in Texas.

Vince at Capitol Annex examines some interesting questions raised by the lawsuit against the changes to the pledge to the Texas flag made by the 80th Legislature.

Unchecked development in Texas now threatens the continued long-term existence of an iconic bird species, the Whooping Crane, notes Peter at B & B.

CouldBeTrue at South Texas Chisme shows how El Paso Women are taking a stand against NAFTA. These courageous women staged a hunger strike for the Labor Day weekend to bring attention to the loss of American jobs due to NAFTA.

And, McBlogger will be celebrating a birthday soon and has some conveniet gift ides for everyone.

Posted by Charles Kuffner
Hello, Felix

We were out of town this weekend, and as is often the case when we travel I lose track of what's going on in the world. So, I was a bit surprised to pick up today's Chron upon our return and read about Hurricane Felix.


Hurricane Felix churned toward Central America today, sending enormous waves crashing to shore as the Category 4 storm drew strength from the warm waters of the Caribbean. Forecasters said it could hit the coast with catastrophic winds shortly after daybreak Tuesday.

As Felix headed west with 145 mph winds, tourists jammed the airports and locals stocked up on food and plywood or moved to higher ground. The storm was projected to reach Honduras on Tuesday and then slam into Belize, where many residents were still cleaning up from last month's Hurricane Dean.

"We are ready to face an eventual tragedy," said Douglas Fajardo, fire chief on the Caribbean resort island of Roatan.

[...]

Felix seemed likely to make landfall at the Honduras-Nicaragua border, along the remote Miskito Coast, which was already being pounded by heavy rain Monday. Honduran lawmaker Carolina Echeverria said officials were still trying to find enough gas to fuel boats evacuating people in the region, where isolated Miskito Indians speak a mix of Spanish and creole.

[...]

Felix, which briefly reached category 5 status today, is the second Atlantic hurricane of the season following last month's Hurricane Dean, which killed at least 28 people as plowed through the Caribbean and then slammed into Mexico as a Category 5 storm.

This is only the fourth year since 1886 that more than one Category 5 hurricane was recorded in an Atlantic season, according to the U.S. National Oceanic and Atmospheric Administration. Only 31 Category 5 hurricanes have been recorded in the Atlantic since 1886, and eight of them have formed in the last five seasons.


I know this still feels like a fairly quiet hurricane season, all things considered - and let's be honest, after 2005 almost anything will feel quiet by comparison - but any season with two Cat 5s can't reasonably be called quiet. And that last sentence quoted above should give us all pause for the future. SciGuy, as always, has more.

Posted by Charles Kuffner
From the "Things My Parents Didn't Have To Deal With" Department

We visited Austin over the weekend to attend a wedding, and stayed at a hotel. I was carrying Olivia as we were waiting for the elevator to go back to our room. When the elevator arrived, Olivia decided to climb down. When she did that, she managed to kick my BlackBerry out of its holster. When it hit the floor, its back cover flew off. When the back cover flew off, the battery popped out. When the battery popped out, it found the gap between the elevator floor and the hotel floor, and disappeared down the elevator shaft. When this happened, I had to remind myself that I was in the presence of a three-year-old, and managed to restrict my swearing to under my breath.

Did you know that Best Buy now carries replacement BlackBerry batteries? Before Sunday, I can't say that I did. I'm sure my siblings and I brought death to a few home electronics while we were kids, but I'm pretty sure we never did anything as intricate as this.

Posted by Charles Kuffner
September 02, 2007
TAB indictment thrown out again

The second time is not a charm for Ronnie Earle.


A judge in Travis County, for a second time, has thrown out an indictment accusing the Texas Association of Business of breaking state election law during the 2002 legislative campaigns.

State District Judge Mike Lynch's opinion Friday echoed his ruling last year that said the business group's corporate-funded ads did not expressly advocate the election or defeat of candidates.

Lynch also dismissed prosecutors' attempts to sidestep the association's free-speech defense by arguing that the business group acted as a de facto political committee by coordinating its 2002 efforts with other political groups.

"You simply cannot make a silk purse out of this sow's ear," wrote Lynch, lifting a line from last year's ruling.

The ruling is a major setback for Travis County District Attorney Ronnie Earle, who said he would appeal.

Two similar indictments from the same events are pending, and Earle's appeal would ensure that the state's highest courts decide the matter.

"TAB broke the law, then bragged about it, and should have to answer like everyone else," Earle said.

Austin lawyer Roy Minton, who represents the business group, said enough is enough.

"I feel like it's gone on long enough," Minton said. "It's been very expensive for my client."

[...]

Although the judge wrote that most nonlawyers would consider that the 2002 mailers supported candidates, he said that is not the law.

And he wrote that a recent U.S. Supreme Court ruling, Federal Elections Commission v. Wisconsin Right to Life, continues a consistent theme: "Where the First Amendment is implicated, the ties goes to the speaker, not the censor."

When Lynch threw out a similar indictment last year, Earle asked a grand jury to re-indict the business association on a charge that it acted as a political committee by coordinating its efforts with other groups, particularly Texans for a Republican Majority, a political committee created by then-U.S. House Majority Leader Tom DeLay.

Lynch, however, ruled Friday that coordination is not a crime defined by state law.

"The District Attorney, as he eloquently stated at multiple hearings, fervently believes the Defendant has unfairly attempted to subvert the free electoral process," Lynch wrote.

The judge said he would make no judgment on Earle's view but concluded: "Even assuming he is correct, these statutes and this indictment aren't equipped to do the job. You simply cannot make a silk purse out of this sow's ear."

No matter what happens in the criminal cases, a civil lawsuit against the business association and Austin lobbyist Mike Toomey, arising from the same events in 2002, must be tried, a different judge ruled earlier this month.


As before, I understand and largely agree with Judge Lynch's rationale, I just think it's a travesty that the law isn't more specific on this point. And I don't suppose we're any closer to getting that rectified now than we were in June of 2006, when Judge Lynch first made this ruling. I've got more on the TAB civil suit here.

Posted by Charles Kuffner
September 01, 2007
A candidate for HD144

After State Rep. Robert Talton announced his intention to run for Congress, a Republican candidate to replace him popped up quickly. Now there's a Democrat to join him, a fellow named Bob Sonnier. I don't know a thing about him at this point beyond what's on his web page, and I don't know if he'll have company for the nomination, but I do know that this seat is a priority for the Dems, so I'm sure we'll be hearing a lot more as we go. In the meantime, take a minute and meet Bob Sonnier.

Posted by Charles Kuffner