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June 19th, 2020:

Masks up

We solved Greg Abbott’s riddle, so all is well now, right?

With Gov. Greg Abbott’s apparent blessing, Bexar and Hidalgo counties have imposed a new mask rule for local businesses, saying they must require employees and customers to wear masks when social distancing isn’t possible. The move appears to open a new way for local officials to require mask use in certain public spaces after Abbott stymied prior efforts by local officials to put the onus on residents.

Bexar County Judge Nelson Wolff’s and Hidalgo County Judge Richard Cortez’s orders comes after Abbott issued an executive order June 3 banning local governments from imposing fines or criminal penalties on people who don’t wear masks in public.

Wolff’s order states that, starting Monday and running through the end of the month, businesses in Bexar County must require face masks “where six feet of separation is not feasible” before the business risks facing a fine of up to $1,000. Cortez’s order states businesses in Hidalgo County will risk being fined starting Saturday and will remain in effect until further notice.

The orders also state that, consistent with Abbott’s executive order, “no civil or criminal penalty will be imposed on individuals for failure to wear a face covering.” Later in the day, San Antonio Mayor Ron Nirenberg signed an update to his emergency health order to express support for and adopt Wolff’s order, saying that, as the number of coronavirus cases increase in the city, “masks are our best line of defense.”

[…]

“I’m pleased that the Governor has changed his mind. I’m asking our county lawyers and business leaders to look at this and plan to make a proposal for the Commissioner’s Court to look at very soon,” Dallas County Judge Clay Jenkins said in a statement, who said he’s already looking into whether he’ll follow suit.

A spokesperson for Harris County Judge Lina Hidalgo said they are checking with the county attorney’s office on Wolff’s order, adding that “we’re not any safer today than we were in March. There is no vaccine. No cure. We remain very concerned about the trajectory of hospital admissions.”

Texas Attorney General Ken Paxton’s office had already warned officials in big cities, including San Antonio, to roll back “unlawful” local emergency orders that featured stricter coronavirus restrictions than those of the state, while hinting of lawsuits if they do not. Paxton’s office declined to comment on Wolff’s order Wednesday.

See here for some background. The city of Austin has already issued a similar order, and I figure it’s just a matter of time before Harris and Dallas and a bunch of other places follow suit. I feel confident saying that the wingnut contingent will not take this lying down, so the question is whether they fight back via Hotze lawsuit, or do actual elected Republicans with their own power and ambition like Ken Paxton get involved? And when they do, what inventive technique will Abbott find to shift the blame to someone else this time?

Release the audit

That’s my three-word response to this.

A growing chorus of elected officials is calling on Houston Police Chief Art Acevedo to release the findings of an internal audit on his department’s narcotics division, arguing that the chief’s refusal to do so contradicts his vows to be transparent and accountable.

Acevedo ordered the internal probe after the deadly 2019 raid at 7815 Harding St., which ended with the deaths of two homeowners and left four police officers shot. Investigators subsequently said that the officer who orchestrated the raid lied to get the warrant he used in the operation.

Now, with the death of George Floyd in Minnesota galvanizing worldwide protests and searing scrutiny of police departments across the country, state Reps. Anna Eastman, Christina Morales, Jon Rosenthal, Senfronia Thompson and Gene Wu are renewing their call from March for Acevedo to release the audit. And they are joined by three other members of the Texas House — Garnet Coleman, Gina Calanni and Mary Ann Perez — along with U.S. Rep. Sheila Jackson Lee and more than half of Houston City Council.

Wu, who wrote both letters, said that the chief’s reluctance to release the audit is at odds with his past pledges to be transparent and hold officers accountable.

“The violations of policies, procedures and laws by officers in the Narcotics Division must be made known to the public,” wrote Wu, D-Houston. “If there are other officers who have repeatedly broken the law, the continued concealment of their behavior does a gross disservice to reputations of officers who are doing their jobs well.”

You can read the rest, and you can see a copy of the letter here; page two is visible on Dos Centavos, which is where the signatures are. I mean, being transparent means doing stuff like this. If there really is some content in that audit that might affect prosecutions, a little redaction is acceptable, as long as the substance of the report is not changed. But come on, either you meant it when you said you wanted to be transparent or you didn’t. Show us what you meant.

On a related note:

The mayor shouldn’t pretend that the calls for police reform were suddenly sprung on him this week. His own transition team in 2016 made a litany of reform recommendations. Our organizations participated in the committee, as did senior members of the mayor’s administration. Then in 2017, city council spent $565,000 on a 10-year financial plan that included recommendations to cut some of the 75 percent of the budget spent on public safety over that time span.

Houston does not need another study. What we need is action on the existing recommendations for police reform. After participating in the transition committee, our organizations established the Right2Justice Coalition. We have met regularly to address ongoing issues of policing and criminal justice in Houston and Harris County. Today, we are publishing a progress report of existing recommendations from Turner’s 2016 Transition Committee on Criminal Justice and the 2017 10-year financial plan.

The progress report shows that the city has implemented only a few of the recommended reforms, the most significant being the consolidation of the city’s jails with Harris County in 2019. It has failed to adopt recommendations to develop, in partnership with grassroots organizations, a plan for community policing, to enact a cite-and-release policy to divert people accused of minor offenses from the criminal justice system, to combine 211 and 311 to better meet residents’ needs for non-police services, and to implement a body cam video release policy that “maximizes public access to footage in a prompt manner.”

And instead of civilianizing 443 positions as the 10-year plan recommends to save $5-10 million, the administration has increased the number of officers by 81 and shrunk the number of civilian positions by 258.

Delays in implementing these recommendations in the last three years have further eroded public trust. Turner and Houston Police Chief Art Acevedo’s actions speak louder than words — by that standard, their message is unchanged.

C’mon, guys. The time for action is now. You promised it, we want it. I know you can do it. Don’t let us down.

Pro-choice groups sue that “abortion sanctuary cities” guy

Good.

Three abortion support organizations – The Lilith Fund, the Texas Equal Access Fund, and The Afiya Center – are hitting back at anti-choice activist Mark Lee Dickson and the group he leads, Right to Life East Texas.

Those two are now the defendants in a defamation lawsuit, after labeling the pro-choice groups “criminal” and spewing lies about abortion care to – in their eyes – purposely “confuse, intimidate, and dissuade” abortion-seeking women in Texas. Dickson and Right to Life are behind the string of abortion bans passed recently by small Texas towns, many of which were also sued earlier this year by the ACLU of Texas.

“With this lawsuit, we are saying enough is enough,” said Marsha Jones, executive director of the Afiya Center, a reproductive justice group that addresses the health disparities black women and girls face. “We have been at the hands of those seeking to distort our purpose by damaging our standing in the community. Going after organizations like ours will not stop us from helping black folk; it will only cause confusion in our communities and create barriers to people seeking abortion care. The women that we serve have already been marginalized and disenfranchised and we are saying enough already. To be labeled as a ‘criminal entity’ presents a clear and present danger to the life of this organization.”

[…]

In February, the ACLU of Texas, representing the Texas Equal Access Fund and the Lilith Fund, filed suit against seven towns that passed the ordinance, arguing they violated pro-choice advocates’ First Amendment rights. By ideologically designating those groups as criminal entities, the towns are illegally imposing punishment without a fair trial, they argued. By May, the ACLU dropped the lawsuit after the cities backed down and revised ordinance language to stop calling such groups “criminal.”

Even with that partial victory, the plaintiffs believe a lot of damage is already done. They want to make sure Dickson and Right to Life East Texas are held accountable for disrupting and confusing communities who have a right to abortion care. Though the cities themselves have amended their ordinances, Dickson and his group continue in defamatory conduct as they “refuse to stop lying and refuse to correct the false record,” attorneys write in legal challenges filed today. (Afiya and TEA have filed suit in Dallas County while the Lilith Fund filed in Travis County district court.)

“The Lilith Fund has been defamed because Defendants have falsely accused it of assisting in the commission of the specific crime of murder,” the suit reads. “Ultimately, defamation is the purpose of the ordinance; Dickson’s campaign is designed to confuse people about the legal status of abortion and abortion advocacy, and paint abortion rights organizations like the Lilith Fund as criminals.”

See here and here for the background. Accusations of criminal activity, when done with malicious intent, is not protected speech. I look forward to these groups taking that guy to the cleaners. KUT, the Dallas Observer, and this TEA Fund Twitter thread have more.