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November 9th, 2021:

Now is the autumn of our discontent

Nobody likes anything right now.

Texas voters have a net disapproval for how state leaders have handled the reliability of the electricity grid, abortion and property taxes, according to a new University of Texas/Texas Tribune poll.

In an October poll of 1,200 registered voters, respondents expressed major disapproval for the state’s handling of the reliability of the main power grid after statewide power outages in February left millions of Texans without power for days. Only 18% of voters approved of how state leaders handled the issue, and 60% of voters disapproved. Even lawmakers themselves have expressed frustration that the laws they wrote to prepare the power grid for extreme weather haven’t led to enough preparations ahead of this winter.

“The lurking uncertainty and doubts about the electricity grid [are] a mine waiting to go off,” said Jim Henson, co-director of the poll and head of the Texas Politics Project at the University of Texas at Austin. “If there’s another even moderate infrastructure problem in the state in the grid or service delivery writ large that can be connected with the February outages and the failure of the Legislature to respond in a way that people expect it to be effective, it’s a real political problem for incumbents.”

[…]

According to the poll, 39% of voters approved of how state leaders have handled abortion policy while 46% disapproved. Lawmakers this year passed the most restrictive abortion law in the nation, barring the procedure before many people know they are pregnant.

Only 20% of voters said they approved of the Legislature’s handling of property taxes, while 46% said they disapproved. The Legislature has tried for years to cut increasing property taxes for homeowners across the state, but voters see only minor reductions in their bills.

Voter disapproval for the state’s handling of the issue increased from June, when pollsters at the University of Texas last asked about the issue after the Legislature’s regularly scheduled five-month special session.

[…]

A plurality of 47% of voters opposed banning abortions after about six weeks, as the state’s new law does, and 45% approve. Fifty-seven percent of voters oppose the law’s provision allowing private citizens to sue people they believe helped someone obtain an abortion, including 35% of Republicans. Only 30% of voters said they approved of that portion of the law. If the plaintiff wins such a lawsuit, the law allows that person to be awarded at least $10,000, as well as costs and attorney fees.

“The idea of bounties and the problems with having private enforcement of public laws of what are seen currently as constitutional rights strikes at least more people as problematic than the actual law itself,” Blank said.

Overall, the polls showed an uptick in approval of how the state has handled abortion policy since the last time voters were polled on the subject in June. Then, 32% of voters approved and 42% disapproved. Blank said that was marked by an increase in approval from Republicans as more voters learned of the state’s new abortion law, which was passed in May.

Polls remained consistent on exceptions to abortion restrictions. More than 80% of voters said abortions should be allowed if a woman’s health was at risk, and nearly three quarters said they should be allowed in cases of rape or incest. Nearly 60% said they should be allowed if there was a strong chance of a serious defect to the baby, but support for other exceptions dropped substantially from there.

This is from the same poll we discussed last week. For the most part there are clear partisan splits, which makes these results less interesting to me overall, but as you can see there are some places where the consensus is greater. That should present an opportunity for Democrats in their messaging, which always sounds easier to do than to actually do it. Independents are particularly negative about everything, including Greg Abbott’s favorite anti-immigration toys, which may just be because these things come with partisan squabbles that independents always react negatively to, or maybe just because they’re grumpy about the state of the world, or maybe they really do represent some electoral danger for Republicans. I do agree that another weather-induced blackout would be bad news for the ruling party. I wouldn’t draw any broader conclusions than that.

Here come the AstroWorld lawsuits

As well they should.

At least 34 Astroworld Festival attendees have sued or plan to sue the event promoter in what is expected to be a bevy of litigation related to the mayhem at NRG Park.

At least eight people died and dozens more were injured Friday during rapper Travis Scott’s concert at the Houston festival. The plaintiffs in several of the lawsuits allege that their injuries — and in one case, a family member’s death — were aided by the negligence of organizers, who they say failed to plan a safe event and failed to provide adequate medical staff, security and equipment for what was expected to be an unruly scene.

“Tragically, due to Defendants’ motivation for profit at the expense of concertgoers’ health and safety, and due to their encouragement of violence, at least 8 people lost their lives and scores of others were injured at what was supposed to be a night of fun,” attorneys said in a lawsuit filed by concert attendee Manuel Souza.

[…]

Souza and another attendee, Cristian Guzman, filed separate $1 million lawsuits in state civil district court over the weekend, alleging they were both trampled and injured.

Guzman, who said he suffered a significant back injury, is suing Live Nation, NRG Park, NRG Energy and the Harris County Sports & Convention Corporation.

Souza is suing a variety of owners, operators, promoters and public relations representatives – including Scoremore, Live Nation, ASM Global, Travis Scott and a number of other named individuals.

Both of the men are also asking the court to grant temporary restraining orders that would require the defendants preserve evidence in the case.

See here and here for some background. Stories like this are certain to become obsolete quickly, as more lawsuits get filed. KUT and CultureMap both mention lawsuits not included in the Chron story, and legal experts anticipate many more. Which is how it should be! Eight people, including two children, died at this event, and many others were injured and traumatized. It may ultimately be shown that everyone involved in the planning and execution of this event acted responsibly and took adequate safety measures, but no one believes that right now, and nor should they. We have a civil justice system for a reason, and this is what it’s here for. I guarantee you, we will learn more about what happened via discovery and deposition than by any other means. The Press has more.

SCOTx hears Chick-Fil-A case

Missed this last week.

The Supreme Court of Texas heard oral arguments Thursday in the now two-year-old case involving the exclusion of Chick-fil-A city contract in the San Antonio International Airport.

[…]

San Antonio has always maintained that the law should not apply to the contract because it was not the law then and is not retroactive.

“The Fourth Court of Appeals in San Antonio correctly held that the plaintiffs cannot convert Chapter 2400 of the Texas Government Code into a retroactive statute,” said Laura Mayes, spokesperson for the city.

Plaintiffs lawyer Jonathan Mitchell argued to Texas Supreme Court justices that while they agree the contract vote took place prior to the law, several of the city’s actions took place afterwards.

“Anything the city did to put a different vendor in that spot that would have gone to Chick-fil-A is an action to exclude Chick-fil-A from a property — all of that falls under adverse action,” he explained.

Mitchell argued anything as mundane as an email could be considered as an adverse action and qualify as an “allegation” of the new law, which would waive the city’s “governmental immunity.”

The issue for the city’s lawyer, James Daniel McNeel “Neel” Lane, was that plaintiffs never alleged a specific violation; they only now argue that it would be impossible for the city to not have taken an adverse action.

“There has to be an allegation, factual allegation of a violation of the act. There is not here,” he said.

See here for some background; there’s video from the arguments in the story. I know I’m biased here, but the plaintiffs’ argument just sounds stupid to me. But as noted, this case has a connection to the litigation over SB8, as the plaintiffs in this case don’t have an actual loss or injury to claim, just that if there had been a Chick-Fil-A at the airport they would have patronized it. If SCOTx rules on the question of standing, you can see how it might apply to SB8. I figure we’ll know about this one sometime next year.

The Huntsville bat warehouse

I love stories like this, even when they leave me wanting more.

Hundreds of thousands of Mexican free-tailed bats streamed out of the abandoned brick building on a recent weeknight, leaving behind the burned-out structure where they’ve stayed for many summers — and which state prison officials for years sought to tear down.

The bats flew right past eight large bat houses, marked with bat logos, where officials had hoped the creatures would relocate several years ago. They didn’t. Some say the Texas Department of Criminal Justice bungled the effort.

What to do about these free-tailed bats, which draw extra attention around Halloween, is again up for debate. TDCJ and the Texas Parks and Wildlife Department in coming weeks will renew talks about how to get them out.

Knocking down the building with bats inside could kill them. But if the building is torn down when they leave for winter, the bats will search for new homes when they return. That scenario would make for bat mayhem of sorts in Huntsville, about an hour’s drive north of Houston, where TDCJ is headquartered.

Bats can wriggle into a hole the size of one’s pinky finger, explained Fran Hutchins, of Bat Conservation International, or BCI. So bats could end up in attics and under porches of nearby homes — anywhere with a small opening. There’s also the nearby Sam Houston State University dormitories.

And it would be a lot of bats searching for where to go. Some 750,000 of them may call the warehouse home.

Said Hutchins: “They’ve got to sleep somewhere.”

The story includes a link to this article from 2017 about those bat houses, which were built by TDCJ inmates for the purpose of, you know, housing the bats. What we don’t learn is why those bat houses failed in that task, and now I’m deeply curious. In the meantime, I say keep the old warehouse. Surely there’s no better purpose for it than those bats.