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May 24th, 2009:

Weekend link dump for May 24

Hope you’re enjoying your Memorial Day weekend.

Yet another reason to disbelieve Selena Roberts.

David Dewhurst: Not the hardest working man in the Capitol.

A little nuance on that Gallup poll that claims more people are now “pro-life”. If it turns out that was an outlier, will there be front-page headlines noting that fact? Yeah, right.

The man who ate the GOP.

Aiieee! The Romulans are coming!

Go ahead, tell us how many calories that order of chili cheese fries has. We need to know.

Newt Gingrich says “Quit doing it in my Facebook with the Twittering!” Or something like that.

Apparently, the future isn’t bright enough for Governor Perry to wear shades.

“Frumpy” is the new “fun”.

The Top Ten Disappointing Technologies, and the http://www.pcauthority.com.au/News/143771,top-10-technologies-that-burnt-early-adopters.aspx”>Top Ten Technologies That Burned Early Adopters. Yeah, so true about the zip drive.

Hubble mission photos. Way cool.

George Will demonstrates his versatility by making stuff up on something other than global warming.

“Change comes in a tea bag.” That just might make a coffee drinker out of me.

Run, Stormy, run!

Turns out waterboarding really is torture. Who knew? Apparently, some people will require similar confirmation, however. I’m sure they can be accommodated.

So what are the rules for determining when a former elected official’s pronouncements are newsworthy?

Steph eulogizes her sister, without whom the TexansChick blog might never have been.

Westpark zealots try to pull a fast one

Just yesterday, the Chron wrote an editorial about how everything was coming up roses and daffodils for Metro lately, thanks to some federal funding (with more in the pipeline) for the light rail expansion and a generally favorable political climate. So naturally, what do we see today but this article about a sneak attack in the Lege on the Universities line.

The proposal, which still faces an uphill battle in the final days of the legislative session, was quietly attached last week to a loosely related bill by House lawmakers.

“It effectively kills the light rail program,” said George Smalley, Metro’s vice president for communications and marketing.

The new restrictions, if enacted, would limit the agency’s eminent domain authority, needed to buy property for the rail lines, if a route differs from the 2003 referendum that authorized the light rail program.

The restrictions mirror the rhetoric of rail critics, who say the location of the controversial University Line down Richmond and Westpark doesn’t conform to the referendum.

“If you lose a line like the University Line because you lost the power of condemnation, then the whole thing is at grave risk,” Smalley said.

[…]

State Rep. Joe Pickett, who chairs the House Transportation Committee, said he added the new restrictions at the request of rail critics by amending another bill, which regulated fare enforcement by mass transit agencies.

The El Paso Democrat said they convinced him that the transit agency hadn’t complied with the referendum. He said he hadn’t talked with the agency, though, before adding the language.

At issue is whether it’s lawful to build a line partially on Richmond when the ballot described it as being on Westpark.

The agency says the largest share of the line would, in fact, be on Westpark, adding that the ballot referred to a general location, the details of which should be based on federally required cost and ridership studies. Those indicate that a segment should be on Richmond.

Pickett said he is open to changing the language.

“If … they intend to meet their promise that they made, then they shouldn’t have a problem,” he said. “It was pretty clear that there was a referendum that did state where (the line) was going, and we were just asked to ratify that.” The legislation came to light just as agency officials were hopeful that, after years of debate and uncertainty, they would have the funding and political support to move forward.

So once again, the people who lost the election and whose lawsuit is currently going nowhere have shown that they will do anything to overturn the will of the people and stop light rail in Houston. I’m amazed that they were able to influence Rep. Pickett, and appalled that he couldn’t have been bothered to at least ask Metro for a response. I’m sorry, but that’s just ignorant. Clearly, Rep. Pickett needs to hear from some people who are not anti-Metro crusaders. Feel free to give his office a call and tell him – politely! – that you support light rail in Houston, that you support Metro’s current expansion plans as they now stand, and that you oppose any effort by the Legislature to affect those plans. His Austin office number is (512) 463-0596 and his district office number is (915) 590-4349. If you do make a call, leave a comment here and tell us what kind of response you got. Thanks very much.

The bill in question is SB1263. Here’s the committee substitute version of the bill. The relevant text is the underlined section that begins “This subsection applies only to an authority created under Chapter 451, Transportation Code, that operates in an area in which the principal municipality has a population of 1.9 million or more.” You could mention that you oppose this amendment that’s been added to the committee substitute version of SB1263 when you call Pickett’s office.

By the way, there’s a real irony here in a sneak attack, made behind closed doors with no public input or notice, on an agency that’s often criticized for not operating in a transparent manner. I daresay some of the people who are behind this covert operation have been quoted in the Chronicle at one time or another berating Metro for not being more open about what it’s doing. And yet here they are, skulking through a back door, without the rest of us even having any idea who’s behind it. Way to go, y’all.

The good news is that Houston lawmakers are not going to take this lying down.

The bill had been planned for a local and consent calendar reserved for non-controversial or limited measures that draw little debate, perhaps on Wednesday. But the controversy appeared likely to force the measure to be considered like any other complex legislation.

With only a week left in the session, and with hundreds of bills in line for consideration, the bill might never get a vote.

Several lawmakers have also said they would fight any attempt to tie the agency’s hands.
“I’ve got my eye on it,” said state Rep. Wayne Smith, R-Baytown, who predicted that the bill wouldn’t survive in its current form.

State Sen. John Whitmire, D-Houston, also planned to investigate the issue, saying that prohibiting the agency’s eminent domain powers “would prevent the common good.”

“I’ll get after it with all my might,” he said. “I’m a great supporter. Rail is a vital component of our future and our transportation system.”

That’s nice to hear. It would also be a good idea to call your own Rep and Senator and tell them you oppose Pickett’s amendment that removes Metro’s eminent domain power in the committee substitute for SB1263. Especially with all that’s going on right now in the House, let’s take nothing for granted.

City takes aim at more SOBs

Eight months ago, the city of Houston succeeded in closing down a strip club, its first such victory after finally getting a favorable verdict in the lawsuit to overturn the 1997 ordinance that more strictly regulated sexually-oriented businesses. They’re now hunting more game.

Lawyers for the city filed a lawsuit Friday to close a Galleria-area topless club for not having a sexually oriented business license, the beginning of a City Hall crackdown on dozens of unlicensed clubs across Houston.

The lawsuit followed the arrest Thursday evening of nine employees of All Stars Men’s Club, 2688 Winrock, including six dancers charged with solicitation of prostitution.

The suit asks 113th District Judge Patricia Hancock to issue a permanent injunction, arguing the club would not qualify for a required license because it is located 800 feet from a church and is closer than 1,500 feet to an area more than 75 percent residential.

“This is part of a bigger effort by the White administration to use the powers that are available to the city to protect and improve the quality of life in the city’s neighborhoods,” said private attorney Patrick Zummo, who was hired by the city to help enforce its sexually oriented business ordinance.

“We are working on another lawsuit that would include many of those businesses that are operating illegally, and which will probably be filed in the next couple of weeks.”

Better visit ’em while you still can, fellas. I’ll bet the city has spent the intervening time getting its ducks lined up, so barring a surprise these are the last day for the All Star Club, and whoever is in the city’s sights after it.

“We know from both Houston’s experience, and the experience in cities across the country, that sexual oriented-businesses are associated with higher rates of crime in the area around them and with lower property values,” Zummo said. “That’s why the federal courts allow reasonable regulation of these businesses.”

Again with the claims about increased crime, though I note that this time Zummo didn’t say “violent crime”. Seems to me that an investigation, by a professional news-reporting enterprise, as to the veracity of such claims would be a good idea. Maybe some day.

Graduation rates

According to one study, a little more than half of HISD’s high school freshmen ultimately graduate.

Despite dozens of commencement ceremonies planned for the next two weeks, only 58.5 percent of Houston-area students who should be graduating will be earning diplomas this spring, community advocates said today.

Robert Sanborn, president and CEO of Children at Risk, announced on the steps of Houston City Hall this morning that his group commissioned the Texas Education Agency to conduct a study of six-year graduation rates. They learned that that 53 percent of the students who begin as ninth-graders in the Houston Independent School District had not graduated from any Texas high school in six years.

“We feel there is a real crisis, a crisis of graduation,” Sanborn said, pointing out the link between poverty and education levels. “We really don’t think the TEA and the school districts are being honest with the public.”

Sanborn said HISD estimates it graduates as many as 77 percent of its students within four years. That number is based on faulty data that doesn’t count as dropouts students who claim they’re going to be home schooled, attend private school or move out of state or country.

Sanborn said the first step in fixing high schools is admitting the severity of the problem. He called for the state Legislature, the TEA and individual school districts to become more transparent and use the graduation rate calculation formula Children at Risk used in this study.

Karen Garza, HISD’s chief academic officer, said the district certainly sees dropouts as an important problem that they are working to address. She questioned whether the Children at Risk numbers fail to consider how mobile the population of this urban school district is by excluding students who may start here but graduated in Oklahoma or Mexico or anywhere outside of Texas.

“We acknowledge this is a major issue. We’ve got to get better at keeping kids in school,” Garza said. “We want solutions. We offer more and more options, things like flexible hours and on-line courses.”

But, Garza said, HISD uses the formula prescribed by the TEA and she doesn’t see the Children at Risk calculation as being any more reliable.

I don’t know which way of calculating the “true” graduation rate is superior. I’m not sure it matters that much – whichever method you choose, you can at least tell if it’s getting better or worse over time. The NCAA manages to keep track of graduation rates at its member institutions, so this can’t be rocket science. Pick a method and stick with it – let’s not lose the forest for the trees.

Council Member and Mayoral candidate Peter Brown comments on the Children at Risk study. I’m still a bit amazed at how education has become an issue in this race, and I’m still not sure what role the Mayor should be playing in Houston’s public education; it’s not clear to me how much of a role the Mayor could play without legislative action, anyway. That said, I’m always glad to see public education be the topic of conversation, at least among people who care about its success. Maybe just by keeping the spotlight on it, we can have a positive effect.

“Just do the test”

Grits points to this NYT article about the next phase of the battle between prosecutors and inmates over innocence claims and DNA testing. I agree with Grits – if some defendants are embarking on fishing expeditions, I say let them fish. It’s not like the state never does that, and all it takes is one successful result to justify the practice. The cost can be on the claimant in a contested case if he doesn’t have a court order, with the proviso that a result which proves innocence, or at least gets a conviction overturned, can be used to get reimbursement. We’ve seen way too many innocent men go free, often as the article notes too late to do anything about the real criminal, to continue to play these petty little games. Given that we’re unlikely to see a widespread change in attitude among the prosecutorial class, and given the general level of indifference shown to innocence claims by various federal appeals courts and SCOTUS, perhaps federal legislation is needed to make this happen. Maybe Sen. Webb can put that on his to-do list.