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June 2nd, 2022:

Maybe this is finally the end of that zombie same sex employee lawsuit

I dream a dream.

The Texas Supreme Court has declined to consider a challenge aimed at preventing the city of Houston from offering benefits to employees’ same-sex spouses.

The ruling is the latest blow to two Houston residents’ prolonged fight against a policy they consider an illegal use of taxpayer dollars.

Plaintiffs Jack Pidgeon and Larry Hicks have waged a legal battle against the policy since 2013, when the city, then led by former Mayor Annise Parker, granted government benefits to municipal employees’ same-sex spouses. Parker was the city’s first openly gay mayor.

On Friday, the state Supreme Court declined to review the pair’s case against the city, which originated nine years ago and has failed to find footing even in the conservative-leaning Texas judiciary.

[…]

Of the pair’s decade-long campaign to overturn her administration’s policy, Parker said Tuesday she hoped the court’s decision would quash future challenges.

“I didn’t do it to make a point,” Parker said of the policy. “I did it to be fair to all married city employees. Marriage should be marriage. Equal should be equal.”

See here and here for the previous updates. These guys and their stooge lawyer Jared Woodfill have more than proven that they really really hate gay people, but surely even this kind of rabid bigotry has its limits. The bell has rung, the lights are out, the doors have closed, and Elvis has left the building. Go find a less destructive hobby, fellas. I’ve heard gardening is nice.

The entire law enforcement response in Uvalde is messed up

What is going on here?

The official response to the mass shooting at an Uvalde elementary school — a response already marred by shifting narratives, finger-pointing and a general lack of timely and accurate information — took a further turn toward dysfunction on Tuesday.

The Texas Department of Public Safety said Uvalde school district’s police chief Pete Arredondo, who made the decision to wait for more resources rather than confront the gunman sooner, has stopped cooperating with state investigators and had not responded to requests for information for over two days. Arredondo contests the claim.

And the agency walked back an assertion that a teacher at Robb Elementary School propped open a back door prior to the shooting, allowing the gunman to enter and kill 19 students and two teachers. Earlier Tuesday the teacher’s lawyer had pushed back on the state’s account.

Texas Rangers investigating the response to the shooting want to continue talking to Arredondo, but he hasn’t answered a request made two days ago for a follow-up interview, according to two DPS spokespeople. The Uvalde Consolidated Independent School District’s police department and the Uvalde Police Department have otherwise been cooperating with the Rangers’ investigation, DPS spokesperson Travis Considine said.

Arredondo did not return a call requesting comment. He told CNN in a brief interview that he is speaking “every day” with DPS investigators but declined to further discuss the shooting.

“I’ve been on the phone with them every day,” Arredondo said.

Amid the turmoil, Texas’ largest police union — the Combined Law Enforcement Associations of Texas, or CLEAT — urged its members Tuesday in a statement to “cooperate fully” with investigations into the police response to the Uvalde massacre — though they didn’t name Arredondo.

Both the police chief and the school teacher had been implicated by DPS officials as, in effect, having failed at their jobs. The change in narrative is likely to deepen the mistrust surrounding the investigation. Already, as in other mass shootings, conspiracy theories and misinformation have begun to proliferate online.

While the U.S. Department of Justice has agreed to review the response to the mass shooting, the ultimate responsibility for carrying out a credible, thorough and transparent investigation rests with the state — and so far, state officials have not offered much confidence in their abilities to carry out such a probe.

[…]

CLEAT, the police union, blamed state officials Tuesday for “a great deal of false and misleading information in the aftermath of this tragedy,” some of which “came from the very highest levels of government and law enforcement.”

“Sources that Texans once saw as iron-clad and completely reliable have now been proven false,” the union said in a statement.

Not much confidence indeed. It’s one thing for there to have been confusion and conflicting or missing information in the immediate aftermath of the murders. We’re more than a week out now, and it’s hard to understand why DPS and the locals aren’t on the same page. If they are unable to communicate or don’t trust each other, it speaks poorly of them all.

And where is Greg Abbott in all of this? He expressed anger after hearing about the botched local PD response, of which he had initially been “misinformed”. Does he have anything left in the tank for this? This is his law enforcement agency, and his hand-picked henchman in charge of it, that are out there stepping on rakes. Is that a problem, or is he going to do his usual thing of refusing to answer any questions about it until the press gets tired and moves on to something else? It’s nice that the Justice Department will do a review, but what happens if Uvalde police don’t want to cooperate with that? Who exactly is in charge here? The Chron, Daily Kos, and Reform Austin have more.

Vallejo claims victory in CD15 runoff

Her opponent demurs, but it probably doesn’t matter.

Michelle Vallejo

Michelle Vallejo declared victory Wednesday in the Democratic primary runoff for the national battleground 15th Congressional District in South Texas.

Her declaration came eight days after election night, when she emerged with a 23-vote margin over opponent Ruben Ramirez. Her margin grew to 33 votes as the largest counties in the district began to report their final unofficial results Wednesday.

But Ramirez was not ready to concede. His campaign said in a statement that “it is essential that every voter has their say before a final call is made.” The statement suggested the campaign still saw a path to victory.

“South Texas politics has a long tradition of upset victories,” the statement said.

Counties have until the end of day on Thursday to report their final numbers to the state, and even then, candidates can still request recounts. Since election night, counties have been counting mail-in ballots that were postmarked in the 11th-hour, military and overseas ballots that were due Tuesday and provisional ballots.

It was one of two key Democratic runoffs in South Texas that were unsettled coming out of election night. The other is the runoff for the 28th Congressional District, where the moderate nine-term U.S. Rep. Henry Cuellar, D-Laredo, faced progressive challenger Jessica Cisneros. He led by 177 votes after election night, but as most counties reported their final unofficial results Wednesday, his margin widened to at least 192 votes.

[…]

Candidates can request recounts if their margin is less than 10% of the number of votes their opponent received. Ramirez and Cisneros are currently well within that range.

See here for some background. I would expect both Ramirez and Cisneros to request recounts – the races are close, the recounts won’t cost them because they’re close – though as discussed many times I don’t expect that to make any difference. I’d like to get these settled quickly because they’re the two of the closest districts in the state, with CD15 redrawn to be 51-48 Trump in 2020, and we have our work cut out for us. Let’s get to the November part of the race, we don’t have time to lose.

23rd lawsuit filed against Deshaun Watson

That may not be the end as well.

A 23rd lawsuit has been filed against former Texans quarterback Deshaun Watson.

The latest suit, filed Tuesday by a massage therapist, says Watson sexually assaulted her during three sessions in 2020. The lawsuit also claims the owner of a Houston-area spa facilitated the massages for Watson, knew he was attempting to have sex with the therapists and that Watson paid the owner at least $5,000 for the work.

The lawsuit also claims one of Watson’s attorneys found the woman’s contact information in Watson’s cell phone, took her to dinner in “an effort to intimidate her” with “an apparent attempt to determine” if she was filing a lawsuit, and attempted to convince her to say “nice and positive things about Watson,” which the woman refused.

Watson’s attorney Rusty Hardin said that it was two of his lawyers who met with the woman, and they “vehemently deny there was any coercion or intimidation involved” in a meeting he described was “so congenial,” the woman joined the attorneys for dinner afterward.

The attorneys met with the woman to see if she was one of Houston-based attorney Tony Buzbee’s anonymous plaintiffs, Hardin said, since Buzbee, who represents the women, refused to identify his clients at the time.

[…

The woman changed her mind about filing a lawsuit after watching the HBO “Real Sports” episode that aired May 24 and delved into the previous lawsuits filed against Watson. The woman had initially “agonized” over whether to bring a lawsuit against Watson, the lawsuit says. She had no intention of doing so initially, but her name still “found its way into the public sphere” once the lawsuits began to emerge. The Chronicle does not identify victims of sexual assault unless they grant permission.

Even after sharing her story in a July 2021 interview on an online stream, she “had no intention of filing a lawsuit,” the lawsuit says, because she “did not want to put herself and her family through the turmoil” and “did not want to subject herself to further abuse and ugliness” that she’d seen the other women experience after filing their lawsuits.

Buzbee, who represents the other 22 women who have filed suit, confirmed that the latest case has been referred to him and said “our team will be filing another lawsuit, similar to the others already filed, this week.”

See here for some background. It’s not surprising that the appearance by some of the plaintiffs on “Real Sports” has brought more complainants out. It helps knowing that you’re not alone.

A copy of lawsuit #23 is embedded in the story, and note the comment at the end about #24 being in the works. An announcement from the NFL about a what kind of discipline Watson will face from the league is still expected soon. Sean Pendergast has more.