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May 8th, 2020:

TDP petitions appeals court to get Paxton to knock it off

Good.

The Texas Democratic Party has asked a court to order state officials not to interfere with a previous court order that opened up mail-in voting in the state.

In their filing Tuesday with the Third Court of Appeals, lawyers accused the state of thrusting voters and local election officials into “legal limbo” by contradicting the earlier ruling.

[…]

Earlier this month, Attorney General Ken Paxton accused local election officials of “misleading the public about their ability to vote by mail.”

“Fear of contracting COVID-19, however, is a normal emotional reaction to the current pandemic and does not amount to an actual disability that qualifies a voter to receive a ballot by mail,” Paxton said in a statement last week. ““My office will continue to defend the integrity of Texas’s election laws.”

In its filing, the Texas Democratic Party said the court needs to step in to ensure counties and voters do not fear applying for and processing vote-by-mail applications.

“The State has taken the extraordinary action of publicly disregarding an order from a coequal branch of the government, asserting that its view of the Texas Election Code, which was rejected by the trial court, is law of the land and threatening those who follow the trial court’s interpretation with prosecution,” lawyers wrote in their motion. “This includes calling into question the validity of the injunction within Travis County and intimidating Travis County voters.”

See here and here for the background, and here for the TDP’s motion. Here I am Not Being A Lawyer again, but it sure seems weird to me that Ken Paxton would simply announce what Judge Sulak’s ruling meant, when the 3rd Court is right there. I get that the AG’s job includes offering non-binding legal opinion about things, but he’s also a party in this lawsuit, so his opinion in this case is hardly disinterested. Anyway, we’ll see what the 3rd Court makes of all this.

Patrick’s megadonor task force tells him what he wanted to hear

Knock me over with a bag full of unmarked bills.

Local governments could find their emergency powers hemmed in during future emergencies under recommendations proposed by a task force that Lt. Gov. Dan Patrick set up.

State government needs an off-switch to end local disaster declarations if necessary and clarify what steps mayors, counties and school boards can take during an emergency, says the Texans Back to Work Task Force in its 114-page report.

“The recent shutdown showed how the principles of representative government can be thwarted when mayors and county judges have too much power in making unilateral decisions without the agreement of the rest of the executive body,” the report says.

The report comes as public pushback against emergency orders is increasing at all levels of government, particularly from conservatives.

[…]

“Obviously we’re not calling for a one-size-fits-all,” said Task Force Chairman Brint Ryan, founder and CEO of Ryan, LLC. “But if there was a framework, you know a conceptual framework or guidelines in place, then you could achieve that local control and local initiative without confusing businesses that have to operate in more than one locale.”

Patrick echoed that concern, saying “we can’t have this patchwork” where even cities in the same county can have different rules.

See here for the background. Just a reminder, there was a time when Greg Abbott thought it was just peachy keen for local officials to make their own decisions about stay at home orders, because “What is best in Dallas may not be best for Amarillo or Abilene.” Funny how these things work, isn’t it? Also as a reminder, those whiny conservatives are in the minority of public opinion. But Dan Patrick’s gonna Dan Patrick, and he chooses his megadonors wisely. We could have had this report the same day he named his task force, it’s not like they were going to come to any other conclusion.

Still trying to avoid total budget disaster

That federal money sure would help.

Mayor Sylvester Turner

As the prospect of mass furloughs and severe spending cuts looms over the city’s next budget, Houston officials are sitting on a pile of coronavirus stimulus money that amounts to more than double the shortfall projected by Mayor Sylvester Turner.

The rub, at least for now, is that the strings attached to the $404 million Houston received from the so-called Coronavirus Relief Fund — a $150 billion trove sent to states and local governments as part of the roughly $2 trillion Coronavirus Aid, Relief and Economic Security Act — bar officials from spending the aid on expenses they already had budgeted.

Mayors, governors from both parties, congressional Democrats and even some Senate Republicans have pushed for looser restrictions that would allow sales tax-deprived governments to use the money to plug budget holes, instead of limiting them to expenses tied directly to the pandemic.

Meanwhile, as Congress weighs a second stimulus package for local and state governments that may earmark funds for lost revenue after all, Turner is under pressure to squeeze as much money as possible out of the initial round of CARES Act aid.

Prompting the tension was the Treasury Department’s April 22 guidance that eligible spending includes payroll expenses for public safety, public health, health care and other employees “whose services are substantially dedicated to mitigating or responding” to the pandemic.

Last week, City Controller Chris Brown penned a letter to Finance Director Tantri Emo and Turner-appointed COVID-19 recovery czar Marvin Odum in which he urged the administration to craft a spending plan for the funds. He told city council members last week that officials in other Texas cities have begun determining how much of their public safety expenses are directly related to COVID-19.

“The potential exists for these costs to be offset by CARES Act funds, which could help alleviate added pressure placed on the General Fund,” Brown wrote, referring to the city’s $2.5 billion tax-supported fund that pays for most day-to-day core operations, including public safety, trash pickup, parks and libraries.

See here for some background. Let’s be clear, it’s more than just Houston facing this kind of problem. Every city, every county, every state has been affected. Federal funds, and a lot of them, are going to be needed. All this caterwauling you hear from haircut-freedom-fighters and grandma-sacrificers about getting the economy going again, none of it means anything if they aren’t willing to save local and state governments from making devastating cuts, which among other things will cause loads of people to lose their jobs and act as a huge drag on any economic recovery. If we could be sure we’d get this in the next round of stimulus then fine, use this money for whatever other purposes it’s intended for. But really, why wait? Let’s get a bit of certainty to bolster confidence.

Let’s go to the drive-in

Yeah, I’m down with this.

Everything old really is new again.

In the midst of ongoing concerns and restrictions over the Covid-19 pandemic, Houston is going back to the future with a new drive-in movie theater. The Drive-In at Sawyer Yards, a pop-up operated by the Los Angeles-based Rooftop Cinema Club chain, is set to open May 12 with a line-up of classic films for an audience that doesn’t have to leave the car.

Located at 2301 Summer St., right near Buffalo Bayou Brewing Co., The Drive-In at Sawyer Yards will offer two screenings seven days a week. This is the company’s second drive-in venture as it already operates one in London, England.

“Bringing back the nostalgia of the drive-in theater as well as the return of a great American institution, the kings of outdoor cinema want to provide relief through the power of film to Houstonians during this difficult time. Guests of the new drive-in theater can have an away-from-home cinema experience from the security of their own vehicle,” the company said in a statement Wednesday.

The opening films are “Grease” and “Drive” and they will be followed by “Night at the Museum” (May 13), “Silence of the Lambs” (May 13), “The Princess Bride” (May 14), “Romeo + Juliet” (May 14), “The Greatest Showman” (May 15), “The Rocky Horror Picture Show” (May 15), “Grease” (May 16), “Moulin Rouge” (May 16), and “The Sandlot” (May 17) and “Brown Sugar” (May 17).

Tickets — at $28 per vehicle regardless of occupancy — can be purchased online beginning today at noon at www.rooftopcinemaclub.com/houston/venue/the-drive-in-sawyer-yards. Moviegoers can bring their own snacks or order concessions from Rooftop Cinema or food and drinks from Buffalo Brewing Co. All orders are made online and guests will be notified for pick-up to avoid unnecessary time spent away from their vehicles.

I just showed this to my 13-year-old, and she was excited by the idea. (She also reminded me that I have not seen “The Greatest Showman”, which she considers a travesty on my part.) So yeah, I think we have a movie night in our future. Anyone know what Joe Bob Briggs is up to these days?