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April 24th, 2020:

Hotze sues Harris County again

This is just what he does now, I suppose.

Houston conservative power broker Steve Hotze filed a lawsuit against Harris County Judge Lina Hidalgo Thursday, alleging that her order requiring people to cover their faces in public violates the Texas Constitution and conflicts with Gov. Greg Abbott’s stay-at-home order.

Hotze, who also sued Hidalgo over her stay-at-home directive, said in a petition filed in state district court that the mask rule is at odds with a provision of the Constitution that gives the Legislature “exclusive authority to define crimes and to designate the punishments for those crimes.” The petition also contends that Hidalgo cannot issue more restrictive orders than Abbott, who has not mandated that Texans wear masks in public.

[…]

Robert Soard, the first assistant county attorney, cited Section 418.108 of the Texas Government Code, which gives the county judge the authority to declare a disaster in her jurisdiction and to “control the movement of persons and the occupancy of premises in that area.” That authority extends to the incorporated and unincorporated parts of the county.

Soard said Hidalgo has authority to issue the mask order under that provision and another that allows her to “exercise the powers granted to the governor” for emergency management, including issuing local executive orders that “have the force and effect of law.”

In the petition, Hotze also challenged the part of Hidalgo’s order that requires people to wash their hands before leaving their residence, and stay six feet away from each other and avoid touching their face in public. Hotze argued the section of state law that governs disasters “does not contain any language forcing private citizens to” perform the actions in Hidalgo’s order.

See here for the background. According to the Trib story, there should be a hearing on a temporary injunction later today, and an appeal to the Supreme Court if/when they lose. So, you know, just another Friday. Hotze of course has two other lawsuits going, one against Harris County over the stay-at-home order, and one against Abbott and Paxton for more or less the same thing. It’s actually kind of hilarious to see him described as a “power broker” in the story, since he’s basically never been more out of power locally than he is now. But hey, he can still move a few votes in a Republican primary.

Manfred finally disciplines the Red Sox for their sign stealing

Here’s the MLB press release, written as a letter from Commissioner Rob Manfred.

Executive Summary

Following an exhaustive investigation into allegations of improper use of the video replay room by the Boston Red Sox, I have come to the following conclusions:

• I find that J.T. Watkins, the Red Sox video replay system operator, on at least some occasions during the 2018 regular season, utilized the game feeds in the replay room, in violation of MLB regulations, to revise sign sequence information that he had permissibly provided to players prior to the game.

• I find that unlike the Houston Astros’ 2017 conduct, in which players communicated to the batter from the dugout area in real time the precise type of pitch about to be thrown, Watkins’s conduct, by its very nature, was far more limited in scope and impact. The information was only relevant when the Red Sox had a runner on second base (which was 19.7% of plate appearances leaguewide in 2018), and Watkins communicated sign sequences in a manner that indicated that he had decoded them from the in-game feed in only a small percentage of those occurrences.

• I do not find that then-Manager Alex Cora, the Red Sox coaching staff, the Red Sox front office, or most of the players on the 2018 Red Sox knew or should have known that Watkins was utilizing in-game video to update the information that he had learned from his pregame analysis. Communication of these violations was episodic and isolated to Watkins and a limited number of Red Sox players only.

• I find that the Red Sox front office consistently communicated MLB’s sign stealing rules to non-player staff and made commendable efforts toward instilling a culture of compliance in their organization.

Discipline

Based on the findings described above, I hereby issue the following discipline:

1) J.T. Watkins shall be suspended for the 2020 season and 2020 Postseason. When Watkins returns from his suspension, he will be prohibited from serving as the replay room operator during any game for the 2021 season and 2021 Postseason.

2) The Boston Red Sox will forfeit their second round selection in the 2020 First-Year Player Draft.

3) Alex Cora will be suspended through the conclusion of the 2020 Postseason for his conduct as the bench coach of the Houston Astros in 2017. While I will not impose additional discipline on Cora as a result of the conduct engaged in by Watkins (because I do not find that he was aware of it), I do note that Cora did not effectively communicate to Red Sox players the sign-stealing rules that were in place for the 2018 season.

No other member of the 2018 Red Sox staff will be disciplined because I do not find that anyone was aware of or should have been aware of Watkins’s conduct. The Club’s front office took more than reasonable steps to ensure that its employees, including Watkins, adhered to the rules. Notwithstanding these good faith efforts to comply with the rules, however, the Red Sox organization ultimately is responsible for the conduct of a member of its advance scouting staff.

The full report is here. As with the Astros, Manfred did not discipline individual players, in part because he needed their cooperation in the probe, and in part because the collective bargaining agreement did not allow for it. Judging from what I saw on Twitter, the overwhelming response is “that’s it???”, which I can understand. For sure, it seemed like Cora, who was already fingered in the Astros’ 2017 banging scheme and then apparently brought that experience to Boston, would get a harsher sentence. Apparently not. No idea why it took this long to release the report – it was likely ready to go in March, before everything was about COVID-19 – but whatever. It is what it is at this point, and if we can ever get to being able to bitch about it while real games are being played, I’ll be grateful for that. Fangraphs has more.

The next school year is going to be different, too

As with many things, just how different remains an open question for now.

When Houston campuses finally re-open in 2020-21, at a date very much to-be-determined, the region’s million-plus children will experience a school year unlike any other.

Some students may spend more time in the classroom, arriving weeks earlier than usual or staying later in the day. Others may receive added attention from teachers, counselors and social workers. Many will get lessons typically delivered the prior spring.

“They’re going to have so much work to make up that I don’t know how they’re going to do it,” said Angie Tyler, the grandmother of a high school junior in Aldine ISD. “She’s so used to having her teacher on hand, teaching her math or physics she doesn’t get. Is she going to get to learn what she’s missed?”

Amid enormous uncertainty about the impact of the novel coronavirus pandemic, Houston-area school leaders have started mapping out contingency plans for the upcoming school year, one in which students will arrive with learning gaps and significant health needs.

[…]

“We have to look ahead,” Houston ISD Interim Superintendent Grenita Lathan said. “We’re looking at instructional time as it relates to programming in the summer, possibly an extended calendar, maybe an extended school day.”

None of the region’s superintendents have suggested wholesale changes in the way students are taught. Rather, multiple district leaders have discussed increasing the amount of time spent in the classroom and adding more mental health support for vulnerable students.

If buildings can re-open in the coming weeks, Lathan said her district may allow more children to enroll in summer school, which normally runs from early June to early July. Typically, HISD only opens summer school to students at risk of failing to advance grade levels or who need to pass state standardized tests to earn promotion.

In Fort Bend ISD, the region’s fourth-largest district, Superintendent Charles Dupre said district leaders will have “serious conversations” about beginning the 2020-21 school year before the planned Aug. 12 start date. Under one possible scenario, Fort Bend students would spend August catching up on missed instruction from the prior year, then start their new grade-level classes after Labor Day.

Aldine ISD Superintendent LaTonya Goffney, who leads the Houston area’s fifth-largest district, also said her district’s calendar “cannot be August to May.”

There’s more, and you should read it with an understanding that this is all contingency planning, with lots of things likely to change between now and whenever. School districts are limited by law in how early they can open, but it’s possible that could get worked around or waived. Basically, if you have a kid in the public schools, pay attention to the communication you get from your district and your schools. This is not going to be back-to-school as usual, and you’ll want to make sure you know what is going on.

Hollywood’s plans to come back

I’ve posted a few times about how sports leagues like MLB are making plans to return to action from coronavirus shutdowns. The larger entertainment industry, including TV and movie making, are in a similar position as the sports leagues, and they too are starting to game out how they can (safely) return to doing what they do. This story gives a good outline of where that stands.

We are still months away from cameras rolling — studios’ most optimistic projections are for July-August production restarts, and the more realistic ones are aiming to be up and running by September. California is still under a stay-at-home order, which currently expires on May 15.

There are many different issues we will cover, starting today with the resumption of location and soundstage shoots.

Getting up and running again in this brave new world is going to be very difficult to navigate. For one thing, insurers are unlikely to cover productions for COVID-19 cases when business resumes, according to multiple sources in the know. Producers all over filed multimillion-dollar claims triggered when civil authorities — governments — prevented filming from continuing and forcing production shutdowns. When the business starts up, that will now be considered an identified risk, and insurers will not cover it, sources said, just as CDC is warning of a second coronavirus wave.

What does that mean? Most likely, everyone on a film or TV production will be required to sign a rider, similar to ones they sign covering behavior codes in areas like sexual harassment, to indemnify the productions. “You acknowledge you are going into a high-density area, and while we will do our best effort to protect you, nothing is failsafe and if you contract COVID-19, we are not liable,” said a source involved drawing up these guidelines. “There is no other way we can think of to address this. If you don’t want to sign, don’t take the job.”

Conversations about how to return to production began ramping up late last week amid stabilizing levels of new COVID-19 cases and deaths in Los Angeles County, boosted by an encouraging drop in new infections over the weekend. Unfortunately, the optimism was short lived — Tuesday and Wednesday brought record spikes in deaths– but discussions continue because the business cannot begin to recover until an industry goes back to work.

So far, there are no protocols on which studios have settled, but active discussions continue, including with the film commissions in New York and Los Angeles, we hear. AMPTP and IATSE are leaning in hardest here to map lists of safety concerns and solutions, and every major studio in Hollywood has top people trying to figure out every scenario that needs to be addressed before shows can get up and running. The same conversations are taking place in other areas that touch the business, from the offices where people work and congregate, to hotspot eateries and movie theaters.

A lot of this starts with the state of California’s plan to gradually ease up on restrictions. Studios will still need to contend with any remaining local restrictions. There’s a lot in here, from catering to heavier use of green screens to avoid filming crowds to extra special handling of topline stars, and some of the items listed will likely be similar to the steps other businesses will have to take to reopen their own offices. Check it out.