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Clay Jenkins

Appeals court upholds Dallas mask mandate

There’s still mask mandate litigation going on, and Greg Abbott keeps getting his ass handed to him.

Clay Jenkins

Mask mandates will be allowed in the State of Texas. The Fifth Court of Appeals in Dallas issued the ruling during the late night on November 22.

The decision is the latest chapter in the fight between Governor Greg Abbott and Dallas County Judge Clay Jenkins over how to handle the COVID-19 pandemic.

Jenkins had argued he had the right to issue a local mask mandate if it means protecting public health and that he had the power to do so under the Texas Disaster Act.

Abbott had asserted that he had the authority to issue a statewide order banning the mandates. His attorneys argued it was a matter of law and that the governor was given the power under the Texas Disaster Act.

On Monday, an appeals judge issued a temporary injunction against the governor’s ban saying, “…Abbott lacks legal authority to act as he attempted. Instead, by endeavoring to exercise power beyond that given to him in the Disaster Act, he attempted to infringe on Jenkins’s powers.”

[…]

After a district judge issued a temporary injunction supporting Jenkins in August, the governor’s office sought a higher ruling from the district court of appeals.

Neither the governor’s office nor the Texas Attorney General’s office have commented on the ruling, but they could choose to appeal it to the Supreme Court of Texas.

“We’ll have to see what the attorney general and the governor want to do, but I’m not tired and I will continue to stand for your public health against any other elected official,” said Jenkins.

In the meantime, Jenkins says, don’t let all the legal back and forth confuse you.

“Don’t listen to what people tell you is legal. Listen to what doctors tell you is safe,” he said.

See here for the previous entry, and here for the opinion. Note that this is a state lawsuit about what cities and counties can do, and has nothing to do with the federal lawsuit that the Fifth Circuit Court of Appeals was meddling in. Different Fifth Courts – believe me, I know, it’s confusing.

Beyond that, not a whole lot of coverage when I went looking for stories, which I knew to do because I saw this tweet from Judge Jenkins. Maybe that’s a holiday week problem, I don’t know. As I said, there’s a ton of lawsuits out there over the Abbott executive order that banned mask mandates by cities and counties and school districts, and so far the plaintiffs have mostly won. That may all come crashing to a halt at the Supreme Court, but until then the leaders who have been bold and exercised actual leadership have been rewarded for it. Gotta enjoy those victories while you can.

So we have a fraudit

What a load of crap.

The Texas secretary of state’s office announced late Thursday that it has begun a “full forensic audit” of the 2020 general election in four Texas counties: Collin, Dallas, Harris and Tarrant. But the statement from that agency did not explain what prompted the move.

There has been no evidence of widespread voter fraud in Texas in 2020.

Sam Taylor, a spokesperson for the office, did not immediately respond to a request for comment. No elections officials in the four counties immediately responded for comment.

The announcement came hours after Republican former President Donald Trump requested Gov. Greg Abbott add an election audit bill to this year’s third special session. While Trump lost his reelection bid, he did win in Texas.

It was unclear if his request was related to the announcement from the secretary of state’s office. But Taylor’s press release said the agency has “already begun the process in Texas’ two largest Democrat counties and two largest Republican counties—Dallas, Harris, Tarrant, and Collin.” While Tarrant has long been a Republican stronghold, Democratic President Joe Biden narrowly beat Trump there, according to the county’s election results.

Former Secretary of State Ruth Ruggero Hughs, who oversaw the 2020 elections, resigned when the Texas Senate refused to confirm her appointment. A deputy for Hughs called the 2020 election “smooth and secure” earlier this year.

Who knows what any of this even means, or what safeguards are in place to ensure integrity and transparency. I’d say that this was a rogue official going off on their own, but I think we all know that when Donald Trump tells a weak leader like Greg Abbott to do something, Abbott will comply.

In the meantime, county officials have responded, for the most part appropriately.

Harris County leaders on Friday blasted the Texas secretary of state’s decision to conduct a comprehensive “forensic audit” of the 2020 election in four counties, including Harris, as a political ploy to appease conspiracy theorists and former President Donald Trump.

County Judge Lina Hidalgo accused Gov. Greg Abbott of trying to curry favor with the former president, who on Thursday called for an audit of the Texas results, despite comfortably carrying the state in his unsuccessful bid for re-election. She likened the effort to audits in Arizona and Pennsylvania, which have failed to find major errors in vote tallying.

There is no evidence of widespread fraud or irregularities in Harris County’s 2020 election, where a record 1.7 million voters participated.

“This does not deserve to be treated as a serious matter or serious audit,” Hidalgo said. “It is an irresponsible political trick. It is a sham. It is a cavalier and dangerous assault on voters and democracy.”

Precisely who ordered the audits of election results for Harris, Dallas, Collin and Tarrant counties, as well as what they would entail, remains a mystery. The Secretary of State’s Office distributed a news release Thursday evening, though the secretary of state post has been vacant since May and spokesman Sam Taylor did not respond to a request for comment.

I’d forgotten that we don’t actually have a Secretary of State right now. I guess that “audit” must have gotten started on its own. Probably a computer glitch somewhere.

County Elections Administrator Isabel Longoria said she was surprised by the secretary of state’s announcement, noting she had spoken with that office’s staff hours earlier about an unrelated matter. Longoria said no state agency or department has provided her with any information about how the audit of Harris County’s election results will be conducted.

After the 2020 contest, Longoria said her office conducted a partial manual review of mail ballots and electronic records from voting machines. Eleven months later, Longoria said she has turned her attention toward preparing for future elections.

“I’m now being blindsided about an audit that we have no information on and no direction on,” Longoria said. “My job is protect the voters… not just open up the books to whoever has a new conspiracy of the day, and let you run rampant with confidential election records.”

County Attorney Christian Menefee said the Texas audit “is clearly being done in bad faith” since it was announced just hours after Trump requested it. All three Harris County officials said they will comply with the law and any potential rulings from judges, but would otherwise not take the audit effort seriously.

“The goal of this is to intimidate our election workers and the folks who volunteer in elections, to undermine our confidence in democracy and to pander to … a gentleman who lost an election 11 months ago,” Menefee said. “We’re going to continue to push back where appropriate.”

Commissioners Court is divided over party lines on the audit. The two Democratic commissioners, Adrian Garcia and Rodney Ellis, said they agreed with Hidalgo’s criticism. Republican Precinct 3 Commissioner Tom Ramsey said despite county elections officials’ assurances that the 2020 contest was conducted securely, he does not know if that is accurate.

“I think there’s enough questions there,” Ramsey said. “Obviously, you need to go back and look at the numbers. Just because there hasn’t been anything (found) at this point, doesn’t mean it didn’t happen. That’s why you do an audit.”

OK, I’m back on the “redistrict that guy into oblivion” train. Harris County deserves way better than that.

Not just our county officials, either.

“The conspiracy theorists who want to come up with all these ways or reasons why this election wasn’t right — they might very well find something else [to doubt],” said Republican Tarrant County Judge Glen Whitley. “It’s time to move on.”

Whitley and officials in Harris also said they have not been told what the audits entail or what prompted them. They said they learned about them from a late Thursday press release sent by a spokesperson in the secretary of state’s office. Harris County Attorney Christian Menefee said an audit can have many forms, but Harris County elections administrator Isabel Longoria said her office hadn’t heard any details of what the state’s plans are as of noon Friday. Longoria said the county has already confirmed the results of the elections several times.

“If people want to hear it again and again and again and again, that nothing’s wrong — great,” she said. “But at what point are you going to be willing to hear the truth, that nothing was wrong with the November 2020 elections?”

[…]

Dallas County Judge Clay Jenkins, a Democrat, echoed Hidalgo’s remarks.

“This is a weak Governor openly and shamelessly taking his orders from a disgraced former President. Governor Abbott is wasting taxpayer funds to trample on Texans’ freedom to vote, all in order to appease his puppeteer,” Jenkins said over text message.

Jenkins said in an interview that Dallas County will not resist the audit for now — but if the state asks for more than what the county thinks is suitable under the election code, he could see challenging it in court.

Collin County had no comment at the time. Courage, y’all.

I’m sorry, I don’t have anything coherent to say about this. It’s bullshit all the way down, and I have a hard time taking its premise seriously enough to engage with it. But I will say this much, these guys have amazing timing.

On Friday afternoon, the leaders of the unorthodox 2020 election audit in Arizona announced the results of their monthslong, Trump ally–sponsored hunt for voter fraud in Maricopa County, which Joe Biden won by fewer than 11,000 votes out of millions cast.

The timing of the release hints at the significance of the audit’s findings. For months, Donald Trump has been billing the investigation as the thing that will provide definitive proof of his victory in Arizona. If the audit was going to show that the election was stolen from Trump by Democratic goons in cactus-covered antifa ski masks, why release it late on a Friday afternoon at a time usually reserved for dumps of information people want to go uncovered?

leaked report on Thursday evening offered an answer. The ballyhooed and controversially conducted hand count of nearly 2.1 million Maricopa County ballots still showed Biden defeating Trump, and though the margin changed by 360 votes it was actually Biden whose margin of victory grew from 45,109 to 45,469.

“This is yet the latest in a string of defeats for Donald Trump saying the election was rigged and fraudulent,” longtime Republican election attorney Benjamin Ginsberg said in a press call with the elections group States United. “[This] was their best attempt. This was an audit in which they absolutely cooked the procedures, they took funding from sources that should delegitimatize the findings automatically. This was Donald Trump’s best chance to prove his allegations of elections being rigged and fraudulent and they failed.”

It turns out that not even a partisan-funded and -conducted recount using procedures out of a Pee Wee Herman film could change the outcome. “The Cyber Ninjas couldn’t do the thing they were on the hook to do,” said cochairman of States United Norm Eisen.

I look forward to a similar result in Texas. Daily Kos and NPR have more.

Paxton sues several school districts over mask mandates

Whatever, dude.

Best mugshot ever

Texas Attorney General Ken Paxton announced Friday that he filed a lawsuit against Richardson ISD, following through on his pledge to sue school districts who mandate masks.

The district defied Gov. Greg Abbott’s executive order prohibiting local entities from requiring masks. The RISD trustees voted last week to affirm Superintendent Jeannie Stone’s decision to require face coverings, after they were forced to close an elementary school because of a spike in COVID-19 cases and a sixth grader was admitted into the intensive care unit.

Paxton noted in a release that the office anticipates filing additional lawsuits against the districts flouting the governor’s order. This could include Dallas ISD — the first to openly defy Abbott.

“Not only are superintendents across Texas openly violating state law, but they are using district resources—that ought to be used for teacher merit raises or other educational benefits—to defend their unlawful political maneuvering,” Paxton said in a statement.

[…]

Richardson is among the first Texas districts to be sued by Paxton. Friday he also filed suit against the Galveston, Elgin, Spring and Sherman school districts, according to his office.

He has railed against the dozens of school districts and counties who stood firm on mask mandates, repeatedly posting on social media that he would sue them all. Paxton’s office maintains an ever-evolving list of local entities that are mandating masks.

Meanwhile, Abbott’s order is tied up in both state and federal courts as districts and advocates push for mask mandates to be local decisions.

Dallas County Judge Clay Jenkins is locked in a legal fight with the state over his decision to impose a local mask mandate for businesses and schools.

Disability Rights Texas recently escalated the legal battle, filing a federal lawsuit against Abbott, alleging his order unfairly harms children with disabilities.

Richardson trustees also recently voted to join an existing multi-district lawsuit challenging Abbott’s ban, which argues the governor’s executive order exceeds his authority and infringes on local control.

Paxton’s move could have federal implications, as well. The U.S. Department of Education’s Office for Civil Rights recently opened investigations into five states that prohibit mask mandates, saying such bans may violate the federal law meant to protect students with disabilities.

Department officials indicated they had not opened an investigation into Texas because its ban isn’t currently being enforced because of court orders.

Again, neither Ken Paxton nor Greg Abbott has the power to enforce mask mandate bans. Even if Paxton gets a judge to rule in his favor – the score so far is tilted pretty heavily against him – local DAs can and should thumb their noses at him. It’s not clear to me where these lawsuits have been filed – in this press release he said there were three of them, but didn’t get more specific than that. There may be more coming, so eventually we’ll sort it all out. In the meantime, Paxton can go pound sand. The Chron, Reform Austin, and KXAN have more.

UPDATE: Here’s the Trib story, which notes that the lawsuit against Galveston ISD was brought in Galveston County, as one might expect. That’s probably true of the others, each filed in their home county, but it would still be nice to have that confirmed.

Dallas County gets its injunction

Another big win.

Clay Jenkins

A district court judge has sided with Dallas County Judge Clay Jenkins in his dispute with Gov. Greg Abbott over the county’s mask mandate, allowing the mandate to stay in place.

Judge Tonya Parker issued a temporary injunction Wednesday on Abbott’s order that public entities such as cities, counties and schools can’t issue mask requirements or mandates. The injunction allows Jenkins’ mask order — and the mask requirements of local school districts — to continue, for now.

Parker in her ruling said that Jenkins has shown that Dallas County residents “will suffer probable imminent and irreparable injury through County Judge Jenkins being precluded from exercising his authority” to require masks in public.

The judge noted that the highly transmissible delta variant threatens to overwhelm the healthcare system and has increased hospitalizations and death in Dallas County.

“Each of these bases for probable imminent and irreparable injury independently supports the issuance of the requested temporary injunction,” the ruling said.

The temporary injunction will return Jenkins to “the position he was in” before Abbott’s executive order that barred face mask requirements, the ruling said.

Parker set a hearing for Jan. 10 to review the temporary injunction, though attorneys for the state could file an appeal to Parker’s ruling sooner than that.

See here for the background. A copy of the ruling is here, and you can see Judge Jenkins doing a media call about this here. This will be appealed, of course – one presumes that Paxton and Abbott have learned their lesson and will go through the appellate courts first – and we’ll see how long that takes. It may be that at the least SCOTx is less inclined to grant emergency relief. We’ll know when it gets to them. For now, a win for the good guys.

On a related note, Harris County Attorney Christian Menefee sent out an interesting press release that notes some differences between what Ken Paxton says in public about mask mandate bans and what he’s been saying in court about them.

In GA-38, the Governor banned school districts and local officials from mandating masks, and stated local officials who issue such safety measures would be subject to a “fine up to $1,000.” In response to recent mask mandates imposed by local officials, Attorney General Ken Paxton has stated publicly—and repeatedly—that his office will enforce Governor Abbott’s mask mandate ban. He and Governor Abbott joined together in stating that “any school district, public university, or local government official that decides to defy [the Governor’s mask mandate ban] will be taken to court.”[1] His office has compiled a list of “government entities unlawfully imposing mask mandates,” designed to intimidate those entities into compliance.[2] He has sent letters to many on that list, threatening them with enforcement.[3] He has tweeted several times he intends to sue these entities, most recently saying “I will defend TX Law & sue every entity that violates it. We will win!”[4]

Despite these public statements, the Attorney General admitted to the courts hearing the lawsuits brought by local officials and school districts that his office does not and cannot enforce GA-38, nor can he seek the $1,000 fine provided in the order. His office has stated plainly that “[n]either Governor Abbott nor Attorney General Paxton will be enforcing GA-38.”[5] Instead, the Attorney General acknowledges that only local district attorneys can enforce GA-38—he has claimed that entities like Harris County, other counties/cities, and certain independent school districts cannot sue the Governor and the Attorney General because they have “alleged no credible threat of prosecution by local district attorneys, who would be the ones enforcing GA-38.”[6]

Menefee added: “I presume the Attorney General is telling the truth in his court filings. He should be telling everyone else the same thing and letting local governments and school districts continue doing what they can to stop the spread of COVID-19, especially among our children.”

Go view the document to see the footnotes; the last two refer to the AG’s own filings in the cases involving Harris County and others. I mean, it’s not like anyone should have expected the truth from Ken Paxton, but it’s still bracing to see it laid out like that.

Back to SCOTx for the mask mandate ban

Brace yourselves.

Following an unfavorable outcome at an appellate court, Gov. Greg Abbott asked the Texas Supreme Court to block the mask mandate in San Antonio and Bexar County.

A Bexar County district judge issued a temporary order on Aug. 16 allowing the city and county to require masks in city and county buildings and public schools. That order keeps the mask mandates in place until December, when a trial is set for the case. Attorney General Ken Paxton, on behalf of the state, appealed that order immediately to the 4th Court of Appeals, but a panel of judges upheld the local mask mandate last Thursday.

Paxton took that decision to the Texas Supreme Court on Monday, arguing in the filing that the 4th Court of Appeals’ ruling adds to the confusion over mask requirements in Texas, and asked for “urgent” action.

Paxton wrote that the 4th Court’s action “upends, rather than preserves, the status quo. The court of appeals’ decision thereby compounds the widespread confusion over mask mandates in Texas and frustrates the state’s ability to cohesively address the pandemic.”

The 4th Court of Appeals had judged keeping a local mask mandate maintains the status quo, as a previous temporary restraining order granted on Aug. 10 first put the mandates in place in San Antonio and Bexar County.

Paxton also argued that the state’s high court must take quick action because other cities and counties are being granted their own temporary orders allowing them to require masks despite the governor’s executive order prohibiting that.

See here and here for some background. The 4th Court of Appeals issued its order denying the request for a stay on the same day that the Supreme Court batted back the request it had received in the Harris County case. They could act quickly or they could sit on this and wait for action from other courts, because Lord knows there’s a ton of litigation out there.

Speaking of other litigation

A Dallas County judge today will decide whether Texas Gov. Greg Abbott has the authority to prevent local officials from imposing public health measures like mask mandates. It’s the latest in a dramatic and fast-moving court battle over the issue in the state.

At today’s hearing, the judge will likely hear evidence and testimony about the pandemic’s impact and the efficacy of mask-wearing to stop the spread of the COVID-19 delta variant as well as legal arguments about the Texas Disaster Act.

Dallas County Judge Clay Jenkins and his legal team, who are requesting a temporary injunction against Abbott’s order, say mask-wearing is the best way to save lives and slow the pandemic while they wait for people to get the vaccine. They’ll also argue that Jenkins, the county’s chief administrator who has emergency management powers, has the legal authority to issue executive orders to mandate such rules.

“We need protection for citizens in Dallas County, we need protection for the economy of Dallas County,” Charla Aldous, one of Jenkins’ attorneys, said at the hearing Tuesday morning. “The bottom line: We are here because Judge Jenkins wants to do his job.”

Abbott and Texas Attorney General Ken Paxton say the governor’s executive order, GA-38 — which bans mask mandates — is legal because the Texas Disaster Act gives him the power to ban Jenkins and other local officials like school districts from requiring masks.

Benjamin Dower, a lawyer with the Texas Attorney General’s Office, said the state would produce no witnesses and that the testimony from Jenkins’ witnesses weren’t relevant to temporary injunction hearing.

“None of this is actually relevant to the matter the court has to decide,” Dower said. “This is really a question of law, not fact.”

Judge Tonya Parker, of the 116th Civil District Court, will decide today whether to grant a temporary injunction barring the governor’s order. She previously granted a temporary restraining order doing just that.

The restraining order hearing was to prove whether there would be harm if Abbott’s ban were enforced. The temporary injunction hearing scheduled for this morning is to decide whether the decision should be more permanent. The judge will hear evidence on the matter, but Jenkins’ legal team must still prove immediate harm from Abbott’s order.

See here and here for some background; yes, all of this litigation is hard to keep track of. This post is likely to be already out of date by the time it publishes in the morning. I’ll update it then. Hold onto your butts in the meantime.

UPDATE: No news on the Dallas case yet. Maybe by this time tomorrow.

There actually is still a court order that allows for mask mandates in place

Hey, remember that other lawsuit filed against Greg Abbott’s ban on mask mandates, by the Southern Center for Child Advocacy? I noted it in passing in this post, and then like you I forgot about it. And then on Sunday afternoon, this happened:

As of Monday morning, I had not seen any news coverage of this. As discussed before, that Supreme Court ruling only applied to Dallas and Bexar counties, and the affected school districts in those counties appeared to be interpreting it in a way that said it didn’t apply to them. Other jurisdictions like Harris County and Austin were not covered, so their mandates were also not affected.

Later in the day, there was this story:

After the Texas Supreme Court’s decision, several Dallas County school districts started backtracking, making masks optional once again, though Dallas ISD held firm.

But that same evening, a Travis County judge granted a new restraining order that temporarily blocks Gov. Greg Abbott from prohibiting mask mandates in Texas public schools.

The restraining order was granted in a case involving The Southern Center for Child Advocacy. Officials from the center did not immediately respond to requests for comment on Monday but noted on the group’s Facebook page that the restraining order — issued by Judge Jan Soifer in the 345th Judicial District — was in effect statewide.

“It was not one of the TROs blocked by the Texas Supreme Court yesterday afternoon,” the group wrote.

Richardson [ISD] Superintendent Jeannie Stone said the order allowed her district to keep a mask mandate in place as the school year is set to start on Tuesday.

“This ruling, at least temporarily, puts this decision where it should be — at the local level,” Stone said in a video announcement. In an interview with The Dallas Morning News, Stone said Richardson is committed to following the law and would adapt its decision making if the law changes.

The restraining order essentially allows individual districts the leeway to set their own mandates independent from their counties. Officials with the attorney general’s office asked the Supreme Court of Texas to block this order as well. The Texas Supreme Court did not grant the attorney general’s request on Monday for an immediate block based on the day before’s decision.

Attorney General Ken Paxton wrote to the Southern Center for Child Advocacy on Monday, asking the group to acknowledge on Monday that their temporary restraining order is “void and of no effect” because of the Texas Supreme Court decision.

Henry Green Bostwick II, an attorney representing the center, countered that he would withdraw the lawsuit against the state if Gov. Abbott altered his order to allow school districts to enforce mask mandates.

Paxton has vowed to take all school districts that violate Abbott’s mask mandate ban to court. Paxton falsely claimed Sunday evening that the Supreme Court’s decision ordered Dallas County and Dallas ISD to follow the governor’s order.

However, the decision did not mention Dallas ISD. A spokesman for Paxton did not return a request for comment on whether the attorney general planned to sue DISD over its mask requirement.

“Until there’s an official order of the court that applies to the Dallas Independent School District, we will continue to have the mask mandate,” Superintendent Michael Hinojosa said late Sunday.

[…]

Other school districts are signaling their intentions to jump into the legal fray, too.

DeSoto ISD trustees are scheduled to meet tonight to discuss authorizing their legal counsel to file a lawsuit against Abbott in order to allow the districts “to make local decisions regarding the health and safety of its students and employees,” according to the board’s agenda. Arlington ISD is expected to take up a similar vote later this week.

So, safe to say that for now, as of Monday afternoon, school districts that wanted to keep a mask mandate in place could do so. And then there’s this:

Here’s the DMN story if you can read it. Again I ask: Who is actually bound by that Supreme Court order? Far as I can tell, no one is paying it any heed, and now there’s the second court order that would seem to invalidate it, or at least contradict it. I can’t see this as anything but a temporary situation, and yet here we are. Until something else happens, it’s what the counties and school districts are saying that is in effect. I for one prefer it that way.

And it’s off to SCOTx for the mandate stuff

It’s where it was always headed.

Texas Attorney General Ken Paxton is taking the mask mandate battle to the state Supreme Court after the state was defeated in its attempts to overturn such mandates in San Antonio and other municipalities.

Paxton made the announcement late Friday night in a tweet that read, “We have taken this mask mandate to the Texas Supreme Court. The Rule of Law will decide. — AGPaxton.”

On Friday, a three-judge panel of the 4th Court of Appeals denied Paxton and Gov. Greg Abbott’s request to overturn a temporary restraining order granted Tuesday that blocked Abbott’s ban on mask mandates and allowed the city to order masks in schools and government buildings.

“After considering the petition and the motion, this court concludes (the state) is not entitled to the relief sought,” Justices Luz Elena Chapa, Irene Rios and Beth Watkins wrote in their Friday ruling.

That same day, the 5th Court of Appeals in Dallas also denied the state’s bid to overturn a mask order by Dallas County Judge Clay Jenkins. And in Travis County, a judge granted similar restraining orders against Abbott to Harris County and the South Texas school districts of Brownsville, La Joya and Edinburg, allowing them to keep mask mandates in place.

See here for some background, and here for a story about the Dallas appellate verdict. As far as I can tell, this hearing will review both of those rulings, and thus will obviously affect the other litigation going on. To that end, Harris County Attorney Christian Menefee has submitted an amicus brief in support of Dallas and Bexar. I have no particular reason to believe that the Supreme Court will do anything other than offer the usual room service to the state, but I have to hope, because what else is there to do? I assume we will know shortly what they think. KXAN and the Trib have more.

Fort Bend joins the lawsuit parade

Come on in, the water’s fine.

As the Delta variant drives a pandemic surge, Fort Bend County officials on Wednesday filed a lawsuit against Gov. Greg Abbott’s executive order banning local government from implementing public health mandates.

“I’ll do all I can to protect the public health, and the people of Fort Bend County,” Judge KP George tweeted. “I hope others will join me in following the science and listening to local doctors and the CDC to act swiftly and decisively.”

The county filed a lawsuit in district court requesting a temporary restraining order to challenge the Republican governor’s order. George, a Democrat, and other county leaders had scheduled a news conference for Wednesday afternoon.

County commissioners met in a closed special session at 3 p.m. Wednesday to deliberate with an attorney and discuss potential responses to rising COVID-19 infections, according to the meeting agenda.

The story has no further detail, so I will just assume this is along similar lines as the others so far.

We now have our first official response from the powers that be, and as one might expect, it’s arrogant and jerky.

Attorney General Ken Paxton said Wednesday he plans to appeal a pair of rulings by judges in Dallas and San Antonio that allow local officials in those cities to issue mask mandates, with possible decisions from the Texas Supreme Court by the end of the week.

The temporary rulings override Gov. Greg Abbott’s May executive order that bars local officials from requiring face coverings. They came in response to legal challenges from top elected officials in the Dallas and San Antonio areas, who argued Abbott overstepped his emergency powers by preventing the local mandates. The rulings also pointed to a rapid ongoing rise in COVID hospitalizations across the state, particularly in large cities.

Paxton said Wednesday he expects a quick ruling in his favor from the state’s top civil court.

“I’m hopeful by the end of the week or at least early next week we’ll have a response from the Texas Supreme Court,” Paxton told conservative radio host Dana Loesch. “I’m going to tell you right now, I’m pretty confident we’re going to win that.”

[…]

Paxton argued on the talk show Wednesday that the Texas Legislature had granted Abbott the power to ban local COVID restrictions, including mask mandates, through the sweeping Texas Disaster Act of 1975. He also downplayed the early court win by Jenkins.

“The reality is, he’s going to lose,” Paxton said. “He may get a liberal judge in Dallas County to rule in his favor, but ultimately I think we have a Texas Supreme Court that will follow the law. They have in the past.”

We’ll see about that. For what it’s worth, there was one Republican district court judge in Fort Bend who wasn’t challenged in 2018, so there’s at least a chance that he could preside over this case. The crux of the argument here is that it’s Greg Abbott who isn’t following the law. I agree with Paxton that the Supreme Court is going to be very inclined to see it Abbott’s way, but I’d like to think they’ll at least take the plaintiffs’ arguments into account.

Later in the day, we got the first words from Abbott as well.

“The rebellion is spreading across the state,” Bexar County Judge Nelson Wolff said.

Abbott — under intense pressure from some on his right to hold the line against local officials who want to require masks — now is trying to quell that rebellion.

Hours after Jenkins signed his mandate, Abbott and Attorney General Ken Paxton announced they would go to court to block Dallas County’s top official — asking the 5th Court of Appeals to overturn the state district judge’s decision that allowed Jenkins to move forward. The two men threatened to sue any government official who defies Abbott’s order.

“The path forward relies on personal responsibility — not government mandates,” Abbott said in a statement.

Yeah, that’s what has gotten us to this situation in the first place. I will confess that I’m surprised it has taken this long for Abbott to speak up. He’s never been shy about quashing dissent, and as this story notes the right wing scream machine has been fulminating about his lack of action. Those days are clearly now over.

We got another peek at the state’s response in this story about the larger revolt by cities and school districts against Abbott’s mask mandate ban.

At a hearing Tuesday afternoon before state District Judge Antonia “Toni” Arteaga, a city attorney argued that Abbott had exceeded the bounds of the Texas Disaster Act of 1975, which the governor cited in suspending local authority to impose COVID restrictions.

“The Texas Legislature has given cities and counties broad authority within the Texas Health and Safety Act,” said Assistant City Attorney Bill Christian. “Only the Legislature has the authority to suspend laws.”

Kimberly Gdula, a lawyer with the Texas Attorney General’s Office, pointed to an appellate court ruling last November that upheld Abbott’s ban on local business restrictions. She also argued that the city and county were asking the court to improperly “throw out” parts of the Disaster Act.

Interesting, but I don’t know how to evaluate it. When there are some actual opinions and not just temporary restraining orders pending the injunction hearings, we’ll know more.

It’s possible there may be another avenue to explore in all this.

President Joe Biden says the White House is “checking” on whether he has the power to intervene in states like Texas where Republican leaders have banned mask mandates.

Asked whether he has the power to step in, Biden responded: “I don’t believe that I do thus far. We’re checking that.”

“I think that people should understand, seeing little kids — I mean, four, five, six years old — in hospitals, on ventilators, and some of them passing — not many, but some of them passing — it’s almost, I mean, it’s just — well, I should not characterize beyond that,” Biden said.

[…]

White House Press Secretary Jen Psaki said Wednesday the administration is “looking into ways we can help the leaders at the local level who are putting public health first continue to do their jobs.” She said those include efforts to “keep students safe and keep students in school” and that the U.S. Department of Education “and others” are working on it.

Insert shrug emoji here. I don’t know what this might look like, but I believe they will be creative in looking for a possible point of leverage.

Finally, on a side note, Fort Worth ISD implemented a mask mandate on Tuesday. We are still waiting for HISD to vote on the request by Superintendent Millard House to implement one for our district. The Board meeting is today, I expect this to be done with little fuss from the trustees.

More lawsuits against Abbott’s ban on mask mandates

From Dallas County:

Dallas County Judge Clay Jenkins filed a legal challenge to Gov. Greg Abbott’s ban on local mask mandates Monday, the North Texas official said on Twitter.

Jenkins said he’s asking for a court to rule that Abbott’s prohibition on local officials requiring people to wear masks — part of the governor’s July 29 executive order regarding the pandemic — is unenforceable.

Jenkins filed his request as part of an ongoing lawsuit between himself and Dallas County Commissioner J.J. Koch, according to The Dallas Morning News. That paper, which first obtained a copy of the court filing, reported that Jenkins is asking to be allowed to require mask wearing.

[…]

“The enemy is the virus and we must all do all that we can to protect public health,” Jenkins said in a tweet late Monday. “School districts and government closest to the people should make decisions on how best to keep students and others safe.”

Koch sued Jenkins Thursday after the county judge ordered the commissioner to be removed from a public meeting where Jenkins mandated mask wearing, according to The News.

This joins the lawsuit filed in Travis County seeking a broader injunction against Abbott’s anti-mask order. Commissioner Koch was denied a temporary restraining order in his action against Judge Jenkins on the ground that being made to wear a mask did not cause him any injury; a hearing for an injunction is still to come. One can only hope it’s that easy for Jenkins in this litigation. The legal hair that is being split here, as far as my not-lawyer self can tell, is that while Abbott clearly has the power to impose a mask mandate during an emergency, the statute does not allow him to forbid other entities from imposing their own mandates. WFAA appears to confirm my guesses.

The court document cites the Disaster Act, which delegates authority to county judges to declare local disasters and to seek to mitigate the disaster. It says that the Delta variant is increasingly affecting the city.

It also mentions how Jenkins tried to require face masks in commissioners’ court but there were threats from Abbott and Attorney General Ken Paxton.

Last week, Dallas County Commissioner J.J. Koch was escorted out of the commissioner’s meeting after refusing to wear a face mask.

“Such injunctive relief is necessary because there is immediate and irreparable harm that will befall Dallas County – and others outside Dallas County – if they cannot require the public health-advancing mitigation measure of mandatory face coverings in public,” the court document says.

It also says that Abbott is attempting to prevent Jenkins from protecting citizens, which threatens lives.

“The Disaster Act does not provide any authority to the Governor to limit the local county judge’s actions,” the document says.

I figure there should be a quick ruling on whether there can be a temporary restraining order or not, and after that we’ll see. I don’t know the text of the statute in question, and I don’t know if coming from a county, which is essentially a subsidiary of the state, versus a home-rule city or school district or third party makes a difference.

In the meantime, Bexar County and San Antonio joined in the fun.

The city and county joined other governmental entities Tuesday in defying Gov. Greg Abbott’s July executive order prohibiting them from issuing mask mandates. This is not the first lawsuit over Abbott’s order; Dallas County sued on Monday night. Dallas Independent School District and Austin Independent School District also announced Monday that they would be requiring masks in schools despite Abbott’s executive order.

Mayor Ron Nirenberg said that the lawsuit was to challenge Abbott’s authority to suspend local emergency orders during the pandemic. Find a copy of the lawsuit here.

“Ironically, the governor is taking a state law meant to facilitate local action during an emergency and using it to prohibit local response to the emergency that he himself declared,” he said in a news release.

A temporary restraining order is necessary as San Antonio and Bexar County face “imminent irreparable harm,” from transmission of the coronavirus, plaintiffs wrote.

If the city and county are able to secure a temporary restraining order against the governor, the San Antonio Metropolitan Health District intends to immediately require masks in public schools and unvaccinated students to quarantine if they come in “close contact” with someone that tested positive for COVID-19.

[…]

The city and county argued in its filing that Abbott exceeded his authority, as Texas law “gives the governor authority to suspend statutes and regulations governing state officials and agencies, but not the statutes giving local governments the authority to manage public health within their own jurisdictions,” city and county representatives wrote in the lawsuit filed Tuesday. Bexar County Judge Nelson Wolff reiterated that point during a county commissioners meeting Tuesday morning.

And just like that

A Texas district judge granted the city of San Antonio and Bexar County a temporary restraining order, blocking Gov. Greg Abbott’s restriction on localities imposing mask mandates.

On Tuesday, Judge Antonia Arteaga made the ruling following almost an hour of arguments from attorneys. Arteaga said she did not take her decision lightly, citing the start of the school year and public guidance given by Dr. Junda Woo, medical director of San Antonio’s Metropolitan Health District, concerning the need for masks in public schools as the highly contagious delta variant contributes to a surge in coronavirus cases across the state.

The decision is temporary, pending a hearing on Monday.

We’re a long way from actual victory here – even if the plaintiffs win on Monday, we all know the state will appeal, and who knows what happens from there. The legal argument sounds reasonable to me, but what matters is what the law says, and whether the appeals courts/Supreme Court want to find a way to accommodate Abbott regardless of what the law says. But at least we’re off to a good start.

UPDATE: Score one for Dallas, too.

There needs to be more defiance of Greg Abbott and his no-mandates mandate

I find a bit of a pattern in this story and wonder if there may be something to it.

School districts, local officials and hospitals are pushing back on Gov. Greg Abbott’s executive order barring mask and vaccine mandates, setting the stage for legal showdowns over coronavirus safety measures just as cases are surging in Texas and hospitals are filling up.

Houston ISD signaled its intention to require face coverings when students return this month. The University of Texas Medical Branch in Galveston requested an exemption to mandate COVID-19 vaccinations for staff, but was denied. Dallas County Judge Clay Jenkins required face masks at a meeting this week; he’s now being sued.

[…]

Dr. Mark McClellan, who advised Abbott earlier in the pandemic, said local officials need flexibility based on conditions in their area.

“There is evidence that wearing a mask, especially at times of high community transmission which Texas has right now, does help significantly,” said McClellan, former commissioner of the U.S. Food and Drug Administration and director of the Duke-Margolis Center for Health Policy at Duke University.

“I appreciate that wearing a mask is inconvenient, I would rather not do it,” he said. “But if there are high rates of transmission in the community I think it’s important for local authorities to have the ability to make a decision that works best for their students and their population.”

Early last year, Abbott said he would rely on data and doctors in making decisions to promote public health. McClellan was one of Abbott’s four original medical advisors, but is no longer playing that role.

Abbott has remained in regular contact with one of the original advisors, Department of State Health Services head Dr. John Hellerstedt, since the beginning of the pandemic, according to spokeswoman Renae Eze. Hellerstedt did not answer questions about whether he agreed with Abbott’s executive order.

[…]

It remains to be seen whether other school districts follow suit in defying Abbott’s order. El Paso officials wrote to Abbott this week urging him to give school districts a choice in whether to require masks or not. Dallas ISD did not respond to a request for comment.

Violations of Abbott’s order can result in a fine of up to $1,000. Georgina Pérez, a State Board of Education member from El Paso, volunteered to raise money to help pay fines for school districts that defy the governor’s order by mandating masks.

“Knowingly not protecting children from harm goes against everything that teachers stand for,” she said.

Abbott’s office did not immediately respond to questions about whether any fines have been levied to date. Houston Mayor Sylvester Turner has faced no pushback since he told the city’s roughly 20,000 workers on Monday to resume wearing masks at work, according to a spokesperson.

[…]

Some institutions that sought exemptions from Abbott’s order have been rejected. The latest version blocks a wide swath of government entities, including cities, counties, universities and publicly funded hospitals, from requiring staff get the vaccine while full FDA approval is pending.

The University of Texas Medical Branch would want to require vaccination of its frontline clinical staff and requested an exemption, but was told to abide by the governor’s order, according to Dr. Janak A. Patel, director of the Department of Infection Control & Healthcare Epidemiology.

Dr. John Zerwas, the UT system’s vice chancellor for health affairs, raised the exemption request with Abbott recently, who was not willing to change his position, he said.

Parkland Hospital, a publicly funded organization that falls under Abbott’s order, plans to require its employees get vaccinated as soon as the FDA fully approves the shot. In anticipation, Parkland alerted staff this week that the first dose will be required by Sept. 24 and the second — or single Johnson & Johnson dose — by Oct. 15. Approximately 71% of staff are already vaccinated against COVID-19.

“These steps are necessary to protect Parkland’s complex patient population who, due to their socio-economic status, often have no choice in where they receive care,” said Michael Malaise, senior vice president of communications and external relations for Parkland, in an email.

The main thing I notice is that for the most part, the entities that have just gone ahead and done the thing they wanted to do that was in violation of Abbott’s executive orders have – so far – not received any pushback for doing so. The exception is Dallas County Commissioners Court, which got a stern letter from Ken Paxton after barring one of the commissioners from entering without a mask, but even that letter didn’t spell out any particular actions Paxton would take. The difference between UT Medical Branch hospital and Parkland Hospital is particularly instructive. Moreover, even if a cease-and-desist letter or some other legal action comes down on Parkland, by the time the dust settles they probably will have gotten some number of previously unvaxxed employees to get their shots, and that’s all that matters.

So, my advice to El Paso ISD and austin ISD, which may be considering its own mask mandate, is to just do it. Mask mandates are something that a lot of parents want, especially parents of medically fragile children or who have immunocompromised family members at home, and especially given the limited remote learning opportunities that exist now. The thousand-dollar fine, which doesn’t appear to have a clear mechanism for enforcement, isn’t very much even if it’s a thousand dollars a day, and that may be challenged in court on the grounds that it is discriminatory against students with health issues. But really, it’s the right thing to do, and maybe – just maybe – Abbott has gotten out a bit over his skis here. For sure, asking is going to get you nowhere. Take action and take it now, if all else fails it should be something that can be taken back. Do what you must to protect the kids.

UPDATE: Someone agrees with me:

More May election post-mortems

From the DMN: Dallas Mayor Eric Johnson bet the second half of his first term on these two council seats. Here’s how it looked after polls closed.

Dallas Mayor Eric Johnson bet the second half of his first four-year term on flipping two City Council seats held by members with whom he has battled during the last year.

He appeared to have lost that gambit.

Neither candidate he endorsed — Yolanda Faye Williams in District 5 and Donald Parish Jr. in District 7 — dealt a fatal blow to incumbents Jaime Resendez and Adam Bazaldua, according to unofficial results.

Resendez staved off a runoff against Terry Perkins, a former pastor at Abundant Grace Church. And in District 7, Bazaldua will face former council member Kevin Felder, not Parish.

In a late-night statement, Johnson acknowledged several races were headed to run-offs next month.

“No matter what voters in those districts ultimately decide, I am eager to work with our new City Council on an ambitious agenda that focuses on the basics — such as public safety, infrastructure investment, economic growth, and property tax relief — and builds for the future of this great city,” he said.

While it was never clear why the mayor chose to break a long-standing tradition against endorsing candidates as he did with Williams and Parish, the outcome was coming into focus after polls closed. Johnson never discussed his picks with The Dallas Morning News.

Johnson likely will still have a sizeable bloc of adversaries on the 15-member body.

“In a weak mayor system, allies and a coalition are critical,” said Matthew Wilson, a political scientist at Southern Methodist University. “Endorsing a challenger is a gamble. If you fail, you have deeply alienated people who will continue to serve on the council. However, if you succeed, then you’ve pretty well created the beginning of the mayoral fraction.”

[…]

A list of catastrophes, especially the coronavirus pandemic, has sidelined the mayor and his nascent agenda that included increasing workforce readiness, ending division on the council and blurring the city’s historic racial divide.

The pandemic and demand to reform policing and reinvestment in Black and Hispanic communities could have served as a launching pad for those issues — and that may still be the case. However, the mayor was often eclipsed by Dallas County Judge Clay Jenkins on both fronts.

“This past year has been the year of Clay Jenkins, not the year of Eric Johnson,” Wilson said, adding that the mayor’s window of exercising any additional authority in an emergency situation is closing.

But as we emerge from the pandemic and move beyond the election, the mayor will have a chance to reboot.

“This is a time for enterprising mayors to put their cities ahead,” Wilson said.

I don’t follow Dallas municipal politics and I don’t know the players here, but this interested me for a couple of reasons. One is that as noted it’s pretty rare for a Mayor to directly oppose an incumbent Council member. Houston Mayors will support friendly incumbents and preferred candidates in open seat races, but otherwise usually stay in their own lane. For one thing, they’re always on the ballot as well, so there’s always that fish to be fried. Even in our strong Mayor system, the risk of picking a losing fight against someone who will then have incentive to oppose you is a risk that Mayors usually avoid (or at least do it very much on the down low). As a theoretical matter, I have no issue with this – I can think of more than a few Council incumbents I would have liked past Mayors to oppose – but the risk/reward calculation has to make sense, and there’s no better way to look like a bully that’s just been run off than backing a losing challenger.

Two, in the same way that I have an interest in San Antonio Mayor Ron Nirenberg, I see Mayor Johnson as a potential future statewide candidate. He was a legislator, he won his seat by ousting an incumbent in a primary, and he got some things done as a member of the minority party. He’s also young and clearly ambitious, which is in relatively short supply among the big city Mayors. The better the record of accomplishment he can build in the current job, the better his chances statewide down the line. The line about this being the year of Clay Jenkins and not Eric Johnson will leave a mark, but then Clay Jenkins is also someone I have my eye on for a statewide run at some point. Make the most of the next two years, Mayor Johnson.

Moving a bit north, opponents of anti-racism education won big in Southlake.

Nine months after officials in the affluent Carroll Independent School District introduced a proposal to combat racial and cultural intolerance in schools, voters delivered a resounding victory Saturday to a slate of school board and City Council candidates who opposed the plan.

In an unusually bitter campaign that echoed a growing national divide over how to address issues of race, gender and sexuality in schools, candidates in the city of Southlake were split between two camps: those who supported new diversity and inclusion training requirements for Carroll students and teachers and those backed by a political action committee that was formed last year to defeat the plan.

On one side, progressives argued that curriculum and disciplinary changes were needed to make all children feel safe and welcome in Carroll, a mostly white but quickly diversifying school district. On the other, conservatives in Southlake rejected the school diversity plan as an effort to indoctrinate students with a far-left ideology that, according to some, would institutionalize discrimination against white children and those with conservative Christian values.

Candidates and voters on both sides described the election as a “fork in the road” for Southlake, a wealthy suburb 30 miles northwest of Dallas. “So goes Southlake,” a local conservative commentator warned in the weeks leading up to the election, “so goes the rest of America.”

In the end, the contest was not close. Candidates backed by the conservative Southlake Families PAC, which has raised more than $200,000 since last summer, won every race by about 70 percent to 30 percent, including those for two school board positions, two City Council seats and mayor. More than 9,000 voters cast ballots, three times as many as in similar contests in the past.

[…]

Hernandez and other candidates running in support of new diversity and inclusion programs said they were not particularly surprised by the outcome in a historically conservative city where about two-thirds of voters backed President Donald Trump last year, but they were dismayed by the margin of their defeat.

Hernandez, an immigrant from Mexico, said he worries about the signal the outcome sends to dozens of Carroll high school students and recent graduates who came forward with stories about racist and anti-gay bullying over the past two years. To demonstrate the need for change, members of the student-led Southlake Anti-Racism Coalition collected more than 300 accounts from current and former Carroll students last year who said they had been mistreated because of their race, religion or sexual orientation.

“I don’t want to think about all these kids that shared their stories, their testimonies,” Hernandez said, growing emotional Saturday moments after having learned the election results. “I don’t want to think about that right now, because it’s really, really hard for me. I feel really bad for all those kids, every single one of them that shared a story. I don’t have any words for them.”

As the story notes, the origin of all this was a viral video of white Carrolton high school students chanting the N word in 2018. The town, which has become less white as its population has boomed in recent years, attempted to address that through listening sessions and the school curriculum, and not too surprisingly some people that it was All Just Too Much, because we can’t go about hurting their feelings. I do believe that the trends in Southlake are pointing in the right direction, but that doesn’t mean there won’t be some backsliding.

And finally, Collin College candidates address concerns of free speech, retaliation:

Ongoing controversies at Collin College could impact Saturday’s election where longtime trustees are aiming to keep their seats on the board.

The growing college system has made national headlines over allegations of retaliation and its response to the pandemic. Protestors have attended board meetings after administrators let go three women who criticized the school’s COVID-19 response.

Trustees seeking another six-year term include Jim Orr, Andy Hardin and Bob Collins, who has been on the board since the founding of the Collin College in 1985.

But their opponents say the board needs people who will push for transparency across the school and can bring in diversity and fresh ideas.

Last week, nearly 90 people gathered to protest the way school officials have handled free speech, including professors Audra Heaslip and Suzanne Jones — who were told by college leadership that their contracts would not be renewed at the end of the semester.

The two women had previously criticized the school’s handling of the pandemic and were leaders of the college’s chapter of the Texas Faculty Association.

Volunteers then went to nearby Collin County neighborhoods to speak to voters and discuss issues leading up to Saturday’s election.

Misty Irby, a risk manager, said it shocked her to learn that Collin College is on the Foundation for Individual Rights in Education’s list for top 10 worst colleges for free speech.

“That’s very disheartening to me,” Irby said. “You have something that’s rotten at the core of the college that needs to be fixed.”

Irby, who is challenging Collins, said she wants to promote transparency within the college, repair its reputation and foster freedom of speech for students, faculty and staff.

That article was from before the election – in the end, the three challengers all lost, though two of them lost by single digits. The Dallas Observer has been following this story closely, and you can find all of their relevant articles here. For a rapidly blue-trending county, Collin has some truly awful local officials. The day of reckoning for them can’t come quickly enough. In the meantime, if you want to talk “cancel culture”, please be sure to address the cases of Audra Heaslip and Suzanne Jones in your monologue.

Is Beto running for Governor or not?

Nothing has changed. Please back away from any ledges you may be approaching.

Beto O’Rourke

Former U.S. Rep. Beto O’Rourke has not ruled out a run for governor after all.

Earlier Friday, The Dallas Morning News published remarks O’Rourke made on an upcoming morning program that roused the Texas political class and suggested he no longer was interested in running for governor.

“I’ve got no plans to run, and I’m very focused on the things that I’m lucky enough to do right now — organizing, registering voters and teaching,” O’Rourke said on NBC DFW’s “Lone Star Politics,” which will air Sunday. “I’m just going to keep doing what I’m doing now.”

The O’Rourke camp then quickly reached out to The Texas Tribune to clarify his sentiment.

“What I said today is what I’ve been saying for months: I’m not currently considering a run for office,” he said in a statement. “I’m focused on what I’m doing now (teaching and organizing.) Nothing’s changed and nothing I said would preclude me from considering a run in the future.”

The El Paso Democrat flirted with a run earlier this year when he said in an interview that running against Republican Gov. Greg Abbott was “something I’m going to think about.” Last month, he stoked more rumors of his interest in the seat when he reemerged as an organizing force amid the Texas winter storm.

[…]

O’Rourke suggested suggested Harris County Judge Lina Hidalgo and Dallas County Judge Clay Jenkins as other potential gubernatorial candidates in the television interview. Former U.S. Secretary of Housing and Urban Development Julián Castro is another oft-mentioned potential contender, and Austin-based actor Matthew McConaughey is also publicly mulling a run.

“My plan right now is to run for reelection,” Hidalgo told Texas Tribune CEO Evan Smith on his “Point of Order” podcast last month. Asked if she would rule out running for something else in 2022, she said, “I wouldn’t say it’s something that I’m actively pursuing right now.”

I first heard about this little kerfuffle on Friday afternoon when I saw this tweet:

I admit my first thought was “ah, crap, now who do we need to pin some hopes on?” I belong to a Facebook group called “Beto O’Rourke for Governor of Texas” (*) and cruised over there to see what the freakout looked like, but didn’t see any postings related to this. Maybe the news hadn’t crossed from one social network to the other yet, I thought, or maybe everyone was just in denial. And not too long later I saw the updated Trib story, and realized that it was all a nothingburger. We are exactly where we were on Friday morning, when Beto was sort of acting like someone who might be a candidate but hadn’t said anything committal one way or the other. So for those of you who might have seen the initial news but not the later update, here you go. You may now resume your previous feelings about this subject.

(*) I remain on Team Julián, but will be perfectly happy with Beto. If there is a “Julián Castro for Governor of Texas” Facebook group, I have not been invited to join it yet.

On informing the public during an emergency

Another thing the state didn’t do well.

As millions of Texans fought to survive brutal winter weather without power and water, Gov. Greg Abbott told residents Wednesday to search for emergency warming shelters on Google and to call 311 for additional assistance.

The only problem: Many people lacked internet access, cellphone service and the ability to watch the governor’s press conferences. When the power went out, the state suddenly lost the ability to provide essential information to people desperately in need of help.

“Telling people to Google it is not OK. It’s the result of non-imaginative or non-planning in general, and it’s very, very unfortunate,” said Dr. Irwin Redlener, a senior research scholar for Columbia University’s National Center for Disaster Preparedness. “And I think there needs to be some accountability for why they hadn’t made the infrastructure more resilient, and also why they hadn’t planned for a situation where the power’s out.”

During natural disasters and other humanitarian crises, the Texas Division of Emergency Management can use the national Emergency Alert System to share important updates, including for weather events, with Texans in specific areas. Impacted residents of the state would immediately receive a cellphone notification through that system with basic information like boil water notices or updates on when power might be restored.

But according to residents and lawmakers around the state, TDEM failed to provide such emergency alerts during this crisis, effectively leaving Texans without the kind of information necessary for living through a disaster. Instead, Abbott and TDEM officials encouraged people to search for resources on social media or Google.

[…]

Although many state officials blamed the Electric Reliability Council of Texas, the state’s power grid operator, for a lack of warning about prolonged outages, Texans pointed out that the extreme weather conditions should have warranted emergency messages anyway.

“Even if they didn’t know the power outages were coming, just the temperatures alone should have been enough to have massive warnings to people of what is possible,” [Austin resident Suzanne] Wallen said. “The icing of trees and the icing of power lines, all of that is kind of basic dangerous weather information.”

Communicating the right information to people in a timely manner often becomes a life or death situation during disasters like this, Redlener said. Especially when people lose access to clean water, they need to know immediately that they should stop drinking their tap water before boiling it.

And even though TDEM may not have been prepared to send out emergency alerts before people started losing power, the state agency still could have shared information through the national alert system when the situation became dire for people across Texas.

“From so many different perspectives, this is an example of a very poorly planned disaster response, and there’s all kinds of things that could have been better, including the communication issues,” Redlener said.

We received numerous alerts from the city of Houston and Harris County, before and during the disaster. There were automated calls to the landline and to our cells, plus emergency alerts on the cell and emails. Not all of these worked during power and Internet or cellular outages, but a lot of people still have good old-fashioned landlines (ours is now VOIP and so less useful at these times, but we still had those other methods). If power and cable are down, AM/FM radio still works. There were plenty of options available to the state, and there’s no reason why a lot of information couldn’t have been broadcast by all available means well in advance of the freeze. Space City Weather was warning about arctic conditions five days in advance of Monday’s frigid temps. Not everyone will get the message, of course, and not all who do will heed it, but a lot more could have been done. It’s of a piece with the overall lack of planning to keep the electric grid up and running in the first place.

Even worse than all that is stuff like this.

Mayor Sylvester Turner said his office has heard from the White House during this week’s winter freeze, but Gov. Greg Abbott has not reached out at all.

The mayor first raised the lack of communication in an interview Friday morning with MSNBC, telling Stephanie Ruhle he had not heard from the governor’s office as millions went without power and water this week.

“I have not talked to the governor at any time during this crisis,” Turner said. “I have not talked to the governor, but we’re pushing forward.”

At a press conference later Friday morning, Turner said the state has sent National Guard troops to help staff a warming center at the George R. Brown Convention Center. The Texas Department of Transportation also has been “very, very helpful,” the mayor said.

“Between TxDOT and the National Guard, they have provided some assistance,” Turner said.

Asked whether he or his staff has reached out to Abbott, Turner said: “I have been very laser-focused on dealing with the situation right here in the city of Houston. The White House has reached out to me several times, and we’ve had those communications.”

It’s not just Mayor Turner and Houston that have been ignored by Greg Abbott. San Antonio Mayor Ron Nirenberg, along with Bexar County Judge Nelson Wolff, and Dallas County Judge Clay Jenkins have said the same thing. I don’t even know what to think about that. I have no idea what Abbott is doing. He was actually pretty visible during Hurricane Harvey, so it’s not like he doesn’t know how to do this sort of thing, and he surely knows that being out in front of an emergency and being visibly in charge and helping others is a boon to one’s image (unlike some other politicians I could name). But by far the bulk of the heavy lifting is being done by local officials and third parties. It’s beyond bizarre.

Crossing a red line

Will Greg Abbott notice?

North Texas crossed a critical threshold in the number of hospital patients fighting COVID-19 that could trigger bar closings and lower occupancies at stores and restaurants if such cases don’t decrease within a week.

With more than 2,300 patients testing positive for the coronavirus in the 19-county hospital region, 15.05% of all beds were occupied by a person with COVID-19, according to state data.

Hospitals had been approaching the 15% red line — set by Gov. Greg Abbott in October — for several days before the Thanksgiving holiday as the state continued to report record-breaking numbers of new coronavirus cases. On Friday, Texas reported 2,473 new cases and 51 new deaths — a drastic drop compared to recent results likely due to labs being closed for the holiday.

Currently, most businesses in the area may operate at 75% capacity. But under Abbott’s Oct. 7 executive order, businesses will be forced to limit capacity to 50% if they are in a region where more than 15% of hospital patients have tested positive for the coronavirus for seven consecutive days. The rate must drop below the red line for one week before business capacity can rise again.

“As the number of positive cases grows, our health care heroes need your patriotism and sacrifice,” said Dallas County Judge Clay Jenkins in a statement Friday. “Please put off get-togethers and avoid crowds to protect public health and the economy.”

The 19-county region includes both Dallas and Tarrant counties as well as smaller counties, including Rockwall, Cooke and Hunt.

A total of 8,518 people were in a Texas hospital Friday with COVID-19, the state reported. That’s about 2,400 shy of the state’s peak, set in July.

Nine of the state’s 22 regions reported at least one day above the 15% threshold this week. And another hovered just below it Friday. The region that includes El Paso was by far the worst, with about 35% of all its hospital patients fighting COVID-19.

Abbott on Friday tweeted a rosier outlook, highlighting that the rate of infected patients at El Paso counties had dropped for two weeks in a row, and the state’s positivity rate has been declining.

Earlier this month, Abbott rejected the idea of once again scaling back the economy statewide. Another shutdown would have a disastrous effect, he said. At the time of his comments — just eight days ago — six of the state’s regions were above the line.

At this point, we’ve basically surrendered. I have no expectation that Abbott will take any action, other than maybe to cheerlead treatment options, for those who will be able to use them. If you don’t want to be complicit in this, do your part – wear your mask, maintain social distancing, avoid public gatherings, and so on. I don’t know why our leadership is so terrible, but it is and it’s up to us to keep our own selves safe.

Abbott to allow bars to reopen

Sort of. It’s kind of the most Abbott thing ever.

Gov. Greg Abbott announced Wednesday that bars in Texas can reopen for in-person service next week — as long as their county governments choose to allow it.

Effective Oct. 14, bars in counties that opt in will be able to resume in-person service at 50% capacity, though all customers must be seated while eating or drinking. The governor will impose no outdoors capacity limits on bars or similar establishments.

“It is time to open them up,” Abbott said in a Facebook video. “If we continue to contain COVID, then these openings, just like other businesses, should be able to expand in the near future.”

But soon after Abbott’s announcement, the state’s two most populous counties indicated they would not go along with the reopening plan. Dallas County Judge Clay Jenkins said on Twitter that he “will not file to open them at this time,” noting that “our numbers are increasing.” Harris County Judge Lina Hidalgo said in a statement that “indoor, maskless gatherings should not be taking place right now, and this applies to bars, as well.”

In addition to bars being allowed to reopen, businesses currently limited to 50% capacity may now expand to 75% capacity — including establishments like movie theaters, bowling alleys, bingo halls and amusement parks.

But Abbott said in his order that bars in regions of the state with high hospitalizations for coronavirus won’t be able to reopen. He defined those regions as areas where coronavirus patients make up more than 15% of hospital capacity.

“It is time to open up more, provided that safe protocols continue to be followed,” Abbott said. “If everyone continues the safe practices, Texas will be able to contain COVID and we will be able to reopen 100%.”

The announcement drew mixed reviews from bar owners. Some applauded the step, while others complained that Abbott left the power in the hands of counties.

“The truth is we remain closed until someone else makes the decision to open us up based on whatever parameters they deem appropriate — data, politics, personal animus, you name it,” said Michael Klein, president of the Texas Bar and Nightclub Alliance. “Abbott has forced 254 other people to make this decision for him with no guideposts as to how to make that decision. He’s officially passed the buck.”

Klein predicted that most urban counties, where the majority of his organization’s members are located, will not reopen.

You can add Bexar County to that “no bars yet” list as well. There’s a very good reason why most counties will likely decline this invitation from Abbott:

You have to admire Abbott’s consistent strategy of making local officials be the ones who have to make the tough decisions – when he lets them – and otherwise grabbing the power and glory for himself. Naturally, Republican-led counties are all over this, so be sure to keep an eye on the infection rates in places like Montgomery over the next month. To be sure, many bars have been able to operate with various workarounds as restaurants. And for things like outdoor service and to-go service, I support all that. It’s not enough for most bars, and the best thing we could have done about that is allocate a bunch of federal money to help them all – bars, breweries, wineries, distilleries, restaurants, music clubs, hotels, you name it – get through this, to the point where the disease is under control and it is safe for everyone to gather again. Abbott and his buddies were never really interested in any of that, though, so here we are. I feel like I’ve said this before, but I sure hope this works out. I don’t expect that it will, but I hope so anyway.

UPDATE: At least initially, only Denton County among the ten most populous counties will go forward with bar reopenings.

Abbott’s approval rating

This has gotten a bit of chatter, so let’s take a closer look.

We released the remaining results of the June 2020 UT/Texas Politics Project Poll today. This post focuses on Texans’ assessment of the state’s political leaders, the state of the economy in Texas, and the direction the state is headed.

The poll also included results on attitudes on the coronavirus and the ongoing response; race, policing, and recent protests; and the national economy and political landscape. There are links to a summary of all results and a crosstab file at the top of this page. As always, these files are available in the Texas Politics Project polling data archive, along with a data file and codebook. All the graphics in this post as well as hundreds of others from the June poll are available at the archive and at our “latest poll” page.

Governor Greg Abbott’s job approval rating dropped just below 50% approval – though at 49%, just below – for the first time in two years, an 7-point decline since the April UT/Texas Tribune Poll, while disapproval of his job performance increased from 32% in both February and April polling to 39% in June.

Abbott’s 56% overall job approval in April represented the highwater mark of his governorship, seemingly buoyed by relatively high approval from Democrats, 24% of whom approved of the job he was doing in the early stages of the state’s attempts to grapple with COVID-19. In the meantime, Abbott reopened Texas, but has since been forced to batten down the hatches when the opening contributed to a resurgence of the virus. His approval numbers among Democrats sagged to 13%, with 74% disapproving – 51% disapproving strongly – the highest disapproval rate among Democrats of his governorship.

Abbott’s approval rating among Republicans decreased from 88% to 83% over the same period, remaining within a long established band, and a sign that carping from far-right opinion leaders, grass tops groups, and a small handful of state legislators does not seem to be rampant among his base.

Approval of Abbott’s handling of the coronavirus/COVID-19 was approximate to his overall job approval rating: 49% approved and 41% disapproved. However, this represented a significant decline from his April ratings in which 56% expressed approval compared to only 29% who disapproved.

You should click over to see the charts. Oddly, Abbott registered a 48% approval rating, against 34% disapproval, in their February poll, so that sentence about “first time in two years” is not accurate, but whatever. If you look at the trend lines, Abbott’s approval rating in this poll was remarkably stable, either 51% or 52% all through 2018 and 2019, before dipping to 48% then jumping to 56% and sliding back to 49% in the three polls so far this year. If you look at it that way, over the longer term, 49% isn’t really out of line – the 56% result is the outlier – though the 39% disapproval is a new high. The last two results have the lowest “don’t know/no opinion” responses, which may also be driving these extremes for him.

You know my mantra about polls: This is just one result. What have the other polls said about Abbott’s approval rating lately? I’m glad you asked:

UT/Trib, July 2

Trump 46 approve, 48 disapprove
Abbott 49 approve, 39 disapprove

Fox, June 25

Trump 50 approve, 48 disapprove
Abbott 63 approve, 32 disapprove

Quinnipiac, June 3

Trump 45 approve, 50 disapprove
Abbott 56 approve, 32 disapprove

Emerson, May 13

Trump 46 approve, 44 disapprove
Abbott 54 approve, 32 disapprove

There have been several PPP polls of Texas in this time frame, but alas, none of them have asked about Greg Abbott, so this is all we have. This will I hope reinforce my point that the UT/Trib poll is but one result, and we’re going to need more data points before we can draw any conclusions. It would be nice to think that Abbott is justifiably suffering for his crappy response to coronavirus, but it’s too soon to tell.

That said, Ross Ramsey makes a good point.

If Abbott were on the ballot this year, he’d face real competition — even in a Republican Party primary. Former state Sen. Don Huffines of Dallas has been on the speaking circuit since before the pandemic, telling crowds about what he sees as a fake conservative government dominated by Republicans in Austin.

The new conservative phenom, Shelley Luther of Pilot Point, is still on the hustings months after her protest of Abbott’s business shutdowns, her jailing and the opening of her Dallas salon — the reasons that we know her name. She recently said at an Austin rally that she’s thinking about a run for office.

And there’s always Patrick, the lieutenant governor whose strength with small government and social conservatives has always worked as a restraint against Abbott siding with the party’s moderates.

All that is to say nothing of the Democrats, who, amid a generational change in top talent, have built a bench of candidates in local government, a crew that includes officeholders like Harris County Judge Lina Hidalgo and Dallas County Judge Clay Jenkins, both of whom insisted the governor was too quick to relax his efforts to control the spread of the coronavirus, and both of whom have been at odds with him about pushing for tougher measures to slow it now.

[…]

It’s too early to handicap 2022; we don’t know what’s going to happen in the elections four months from now. But it’s not too early to scan the field, to see whether the issues are bending to the advantage of incumbents or potential challengers.

Change comes fast, too: At the beginning of this year, Abbott looked strong, with a great economy, a sound state budget and only the early rumblings of a worldwide pandemic.

And now? That early stability has evaporated, and the politics have become more treacherous.

It’s a long way to 2022, and in between is a legislative session where Abbott can woo back the crazies or try to get stuff done to bolster his image with everyone else. A lot can happen, and Abbott has a smart political team who are seeing the same things we are. But at least there’s hope. The Texas Signal has more.

(If you scroll down a little further on that UT/Texas Politics Project page, you’ll see that Dan Patrick’s approval rating has been headed towards negative territory, and is considerably worse than where it was just before the last election, which he barely won. So we have that going for us, which is nice. But again, always be wary of single data points.)

Hey, how about trying that local control thing again?

Seems like it might be worth a shot to led Mayors and County Judges lead on coronavirus response again, since they’ve done so much better a job of leading than Greg Abbott has.

As Texas grapples with soaring coronavirus cases and hospitalizations, local elected officials in some of the state’s most populous counties are asking Gov. Greg Abbott to roll back business reopenings and allow them to reinstate stay-at-home orders for their communities in an effort to curb the spread of the virus.

Officials in Harris, Bexar, Dallas and Travis counties have either called on or reached out to the governor in recent days, expressing a desire to implement local restrictions for their regions and, in some cases, stressing concerns over hospital capacity.

Stay-at-home orders, which generally direct businesses deemed nonessential to shut down, were implemented to varying degrees by local governments across the state in March before the governor issued a statewide directive at the beginning of April. Abbott’s stay-at-home order expired at the end of April, when he began announcing phased reopenings to the state and forcing local governments to follow his lead. Since then, a number of local officials, many of whom have been critical of Abbott’s reopening timeline, have argued that the jurisdiction to reinstate such directives is no longer in their hands.

“If you are not willing to take these actions on behalf of the state, please roll back your restriction on local leaders being able to take these swift actions to safeguard the health of our communities,” Sam Biscoe, interim Travis County judge, wrote in a letter to Abbott on Monday.

Biscoe asked Abbott “to roll all the way back to Stay Home orders based on worsening circumstances,” further cap business occupancy, mandate masks and ban gatherings of 10 or more people.

Officials in Bexar County also wrote a similar letter to the governor Monday, writing that “the ability to tailor a response and recovery that fits the San Antonio region’s need is vital as we look forward to a healthier future.”

“Our region’s hospital capacity issues and economic circumstances require stronger protocols to contain the spread of this disease,” Bexar County Judge Nelson Wolff and San Antonio Mayor Ron Nirenberg wrote. The two asked Abbott to “restore the ability for the City of San Antonio to take additional local preventative measures, including potential Stay Home/Work Safe restrictions.” They also asked the governor to mandate face coverings when outside a household and “clearer language that strictly limits social gatherings,” among other things.

[…]

Meanwhile, counties and cities across the state have implemented face mask requirements for businesses after Wolff, the Bexar County judge, moved to do so without facing opposition from Abbott. The governor had previously issued an executive order banning local governments from imposing fines or penalties on people who chose not to wear a face mask in public.

Local leaders have also voiced concerns about the testing capacity of large cities. In Travis County, Biscoe explained that because of the “rapidly increasing demand,” they are rationing testing only for people with symptoms. The stress on the system is also making contact tracing efforts more difficult.

“In summary, the rapid increase in cases has outstripped our ability to track, measure, and mitigate the spread of the disease,” Biscoe wrote.

Here’s the Chron story; Mayor Turner has joined the call for this as well. I seriously doubt Abbott will do any of this, because it will serve as an even more stark reminder of his abject failure to lead. But if the worst is still ahead of us, then it’s a choice between taking action now and making it end sooner, or denying reality and letting more people get sick and die. Abbott’s going to have to live with the consequences of his poor decision-making regardless, he may as well choose to do the right thing this time.

Of course, there may be other complications this time around.

The Texas Bar & Nightclub Alliance said it plans to sue the state of Texas over Gov. Greg Abbott’s recent order once again shutting bars across the state.

“Texas Bar and Nightclub Alliance (TBNA) is taking the necessary steps to protect the rights of our members and their employees across the state, who have been unjustly singled out by Governor Abbott,” TBNA president Michael E. Klein said in a statement.

[…]

TBNA said its members want to be allowed to reopen and have the same capacity allowances as restaurants, grocery stores and big-box retailers. It will sue in both state and federal court seeking to override Abbott’s order.

The majority of Texas bars had been adhering to strict guidelines restricting occupancy and ensuring safe serving practices for both customers and employees, TBNA’s Klein said. His take: if restaurants with bar rooms can operate at limited capacity, why can’t actual bars?

“To suggest the public welfare is protected by singling out one specific type of alcoholic beverage license over another is without logic and does not further the aim of protecting the public from COVID,” he added.

Well, one way to cure that disparity would be to order that all of them be closed for all except to go service. We’d also need to extend that waiver that allow restaurants to sell mixed drinks to go, which I’d be fine with. While I understand where the TBNA is coming from, this is Not Helping at a bad time. But then, given how Abbott folded on enforcing his own executive order in the Shelley Luther saga, I get why they thought taking an aggressive stance might work. Eater Austin has more.

UPDATE: Looks like the TBNA has been beaten to the punch:

Hoping to block Gov. Greg Abbott’s Friday decision ordering Texas bars to close due to a rise in coronavirus cases, more than 30 bar owners filed a lawsuit Monday challenging Abbott’s emergency order.

The lawsuit, first reported by the Austin American-Statesman, was filed in Travis County District Court by Jared Woodfill, a Houston attorney who has led previous legal efforts opposing Abbott’s other shutdown orders during the pandemic.

“Why does he continue unilaterally acting like a king?” Woodfill, former chair of the Harris County Republican Party, said of Abbott in an interview. “He’s sentencing bar owners to bankruptcy.”

[…]

In the lawsuit, the bar owners argue that their rights have been “trampled” by Abbott, while “thousands of businesses are on the brink of bankruptcy.”

Abbott on Friday said it “is clear that the rise in cases is largely driven by certain types of activities, including Texans congregating in bars.”

Tee Allen Parker said she is confused. As a bar owner in East Texas, she’s allowed to walk into church or a Walmart but not permitted to host patrons at Machine Shed Bar & Grill.

“I don’t think it’s right that he’s violating our constitutional rights,” Allen Parker, the lead plaintiff in the lawsuit, said Monday in an interview. “The reason I’m speaking up is I don’t like that he can’t be consistent. You lead by example. Everything he’s said he’s walked back. And I’m disappointed in him because I was a big fan of his.”

A copy of this lawsuit is here. I’ll say again, as with all of the other COVID-related lawsuits that Jared Woodfill has had his slimy little hands in, we deserve to have serious questions asked by better people than this. As for Tee Allen Parker, I swear I am sympathetic, but no one actually has a constitutional right to operate a bar. I would suggest that the solution here that prioritizes public health while not punishing businesses like hers that would otherwise bear the cost of that priority is to get another stimulus package passed in Washington. Such a bill has already passed the House, though of course more could be done for the Tee Allen Parkers of the world if we wanted to amend it. Maybe call your Senators and urge them to ask Mitch McConnell to do something that would help? Just a thought.

Hidalgo issues new mask order

Greg Abbott said we could, so there.

Harris County Judge Lina Hidalgo issued an order Friday mandating that businesses require customers to wear masks, her latest effort to slow the spread of the novel coronavirus.

She and other county leaders increasingly are worried about a surge in COVID-19 cases since Memorial Day, which has resulted in eight straight days of record hospitalizations in Harris County. Hidalgo framed the mask rules as a common-sense complement to social distancing that empowers business to protect patrons.

“The idea is to see this as no shirt, no shoes, no mask, no service,” Hidalgo said at a news conference. “It gives people an understanding of what to expect when they go into an establishment.”

Her order hews closely to face-covering rules issued by Bexar County Judge Nelson Wolff earlier this week and will go into effect Monday. It expires June 30, though Hidalgo hinted she likely would seek an extension.

It requires all customers 10 and older to wear a face covering inside a businesses; employees who work at a business where distancing from others is impossible also are required to wear a mask. Exceptions include eating at a restaurant, pumping gas, visiting a bank or anytime wearing a mask poses a health risk.

[…]

Mayor Sylvester Turner was one of nine executives of Texas cities to sign a letter to Abbott on Tuesday urging the governor to order residents to wear masks or let local leaders do so themselves. Turner said he would direct police to hand out masks instead of tickets, as they had done in April.

Turner praised Hidalgo’s order and noted the troubling rise in cases, including a new batch of 972 infections in Houston alone he announced from the lectern. Most of those were the results of tests conducted June 5 to June 10, he said.

“Toward the end of April and the first couple weeks of May, we flattened the curve and the numbers were headed in the right direction,” Turner said. “Now, the numbers are starting to tick up, and so we’re encouraging people, at the very minimum, to mask up.”

Greater Houston Partnership CEO Bob Harvey joined the leaders to announce that the business community supported the mask rules.

See here and here for the background. Mayor Turner has fully endorsed Judge Hidalgo’s order. Dallas County has done the same. And just to put a little bit of pressure back on Abbott, the Texas Restaurant Association has called for a statewide mask order. I don’t see that happening, as we are all too busy being call on to clap harder, but we’ll see how it goes.

By the way, remember the model that suggested the new case count for COVID-19 could climb from about 200 a day, which it was a month ago, to over 2,000 a day? The good news is that we’re still nowhere close to that. Looking at the Harris County Public Health data, we’re at roughly double where we were in mid-May, which isn’t great but is far from an order of magnitude increase. There is some lag built into these numbers, though, so we’ll need to check back in another two weeks, and then again after that to see if the mask order, which goes into effect on Monday, made a difference. We know it can’t hurt. Stay safe and wear your mask, people.

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?

The COVID models remain pessimistic about Texas

Make of this what you will.

The coronavirus may still be spreading at epidemic rates in 24 states, particularly in the South and Midwest, according to new research that highlights the risk of a second wave of infections in places that reopen too quickly or without sufficient precautions.

Researchers at Imperial College London created a model that incorporates cellphone data showing that people sharply reduced their movements after stay-at-home orders were broadly imposed in March. With restrictions now easing and mobility increasing with the approach of Memorial Day and the unofficial start of summer, the researchers developed an estimate of viral spread as of May 17.

It is a snapshot of a transitional moment in the pandemic and captures the patchwork nature across the country of covid-19, the disease caused by the virus. Some states have had little viral spread or “crushed the curve” to a great degree and have some wiggle room to reopen their economies without generating a new epidemic-level surge in cases. Others are nowhere near containing the virus.

The model, which has not been peer reviewed, shows that in the majority of states, a second wave looms if people abandon efforts to mitigate the viral spread.

“There’s evidence that the U.S. is not under control, as an entire country,” said Samir Bhatt, a senior lecturer in geostatistics at Imperial College.

[…]

The Imperial College researchers estimated the virus’s reproduction number, known as R0, or R naught. This is the average number of infections generated by each infected person in a vulnerable population. The researchers found the reproduction number has dropped below 1 in 26 states and the District. In those places, as of May 17, the epidemic was waning.

In 24 states, however, the model shows a reproduction number over 1. Texas tops the list, followed by Arizona, Illinois, Colorado, Ohio, Minnesota, Indiana, Iowa, Alabama and Wisconsin.

When the R naught is below 1, it means the virus is hitting a lot of dead ends as it infects people. Someone who is infected but who follows social distancing rules or stays quarantined until recovering has a good chance of not infecting anyone else. The challenge is finding a way to reopen the economy with sufficient care to prevent the reproduction number from going over 1.

[…]

In Texas, Dallas County Judge Clay Jenkins said he consults with doctors and experts from area hospitals, “and what they tell us is that we’re reopening too fast, and we’re reopening in the wrong order.”

Local jurisdictions in Texas do not have the authority to issue more stringent restrictions than the state, which began aggressively reopening this month. So Dallas has focused on messaging. The county has a daily “covid-19 risk level” that is currently red, for “stay home, stay safe.” Officials are working on seals that businesses can display to indicate they are meeting local public health guidelines, not just state mandates.

The Imperial College estimates for Texas are in line with internal modeling conducted by university experts advising state leaders.

Rebecca Fischer, an epidemiologist at Texas A&M University and part of a team partnering with the governor’s office, said the daily caseload was fluctuating, but “it looks like we’re not cresting a peak and coming down the other side.”

The embedded graphic shows the probability (according to the model) that R naught is less than one in the given state. For Texas, that probability is close to zero, which means that the virus is still spreading at an increasing rate. This is consistent with the PolicyLab study, which uses county-level data. You can see the Imperial College study here, and a brief analysis of it by Josh Marshall here. There’s still a lot we don’t know, and if loosening restrictions is going to have a bad effect on the pandemic it’ll still be a couple of weeks before we really begin to feel it. Staying at home, social distancing, and wearing masks are still your best bet, but I doubt I will convince you of that if you’re certain you know better.

The Hair Affair

I have a hard time wrapping my mind around this story, so to save myself a little brain power I’m going to outsource it.

Lisa Falkenberg:

Let’s be clear about something: Shelley Luther, the Dallas-area salon owner-turned-folk hero, wound up in jail this week because of her very public, very theatrical refusal to follow Abbott’s very own order.

Abbott’s executive order, which preempted local orders, delayed the reopening of salons as part of a phased-in approach to restart the Texas economy responsibly.

And like Abbott’s other orders issued during this outbreak, it specified stiff consequences for noncompliance: A fine not to exceed $1,000, up to 180 days in jail, or both.

So why, as soon as Luther’s case got widespread attention, did he begin to condemn local authorities who enforced it?

“Throwing Texans in jail who have had their businesses shut down through no fault of their own is nonsensical, and I will not allow it to happen,” Abbott said in a statement.

Allow it? Technically, he ordered it. Even Northeast Tarrant Tea Party leader Julie White McCarty saw through Abbott’s hypocrisy: “Governor Abbott gave orders putting severe limitations in place,” she wrote on Facebook. “Governor Abbott is now condemning the enforcement as if he’s innocent.”

[…]

But Luther held court for days in front of TV cameras. She didn’t just violate an order to close her salon – she tore it up. When a veteran, 65-year-old Dallas judge gave her an easy out if she’d just apologize and follow the law, she scoffed in defiance. So, he did what judges do: found her in contempt in court.

She could have taken the deal and gone home to her kids and waited until she could open legally on Friday.

Clearly, Luther and her legions of admirers had turned her into a cause. That’s why she went to jail — to draw attention to what she believes is a violation of her rights. And that’s the point of civil disobedience. While others have advanced noble causes such as suffrage and equality, Luther did it to defend her right to work even if doing so puts her workers, neighbors and customers at risk amid a deadly pandemic.

But hey, if she wants to be the hero, a rebel with a cause, the patron saint of social distancing scofflaws, she can’t play the victim, too.

Christopher Hooks:

The conflict really kicked off on April 25, at a protest in front of the Frisco City Hall calling for the reopening of shuttered businesses. Shelley Luther, the owner of Salon à la Mode, took center stage. She had gained local publicity for reopening her business in defiance of Governor Greg Abbott’s shutdown order. By way of enforcing it, Dallas County Judge Clay Jenkins had sent her a cease and desist order—and, as Abbott had laid out in his order, a $1,000 fine. (The governor also threatened violators with up to 180 days in jail.) In front of a cheering crowd, Luther ripped up the document. There she stood: she could do no other.

Your move, governor. On April 27, at a press conference, Abbott laid out his vision for unwinding his shutdown order. On May 1, his “phase one” would go into effect, allowing retail businesses and restaurants to partially reopen, as long as they followed certain guidelines. In mid-May, assuming things had gone well and COVID-19 infection numbers weren’t spiking, he declared that he would move Texas to “phase two” and allow more businesses to open. Hair salons, barbershops, gyms, and bars could welcome customers back in once the state had collected “two weeks of data to confirm no flare-up of COVID-19” after phase one, he said.

Why the different standards? Well, barbering and hairstyling involve sustained intimate contact, in an environment where customers are coming and going over the course of the day. Barbershops and salons provide a much more potent risk for viral transmission than, say, a Home Depot. And why two weeks? That’s the minimum period required to get a sense of whether the virus is in submission, according to public health experts. Though the coronavirus has a median incubation time of about five days, some of those infected don’t show symptoms until about twelve to fourteen days after infection.

Abbott got pushback from all sides. Some thought he was moving too fast while others complained that he was acting too slowly. Setting that aside, he deserves at least a little credit for the fact that unlike some governors—the fella who rules over our unfortunate brothers and sisters in Georgia, for one—Abbott at least had a plan. With dates. A 66-page manual. An order of operations. Something you could make into a flowchart. Less dangerous businesses first, more dangerous businesses later. Capiche?

[…]

Now, the question of what to do with those who violate public health directives—who put the public at risk indirectly—is a tricky one. Many liberals and conservatives now find agreement in the idea that no one should be put in jail for nonviolent crimes. The situation is trickier when, like Luther, violators are given many, many chances to conform to the law and refuse. It’s a question that we’re probably going to have to face again, as we struggle to adjust to having COVID-19 as a neighbor, and it’s going to be difficult every time.

Citizens of South Korea or Denmark may like big government telling them what to do to stay safe, but we’re America, baby, and we’re high on Alex Jones’s brain-healing powder. We’re a country that’s fighting a culture war about whether wearing masks makes you a wimp, and where men complain loudly on television that the pandemic is making it hard to buy lawn fertilizer.

It’s notable, perhaps, that Shelley Luther shows up in at least one other pandemic-related local news story in the last few months. On March 11, KHOU interviewed Luther and her boyfriend, Tim Georgeff, as they boarded a cruise ship in Galveston. Were they worried about getting on an enormous floating petri dish in the middle of a pandemic, not long after the entire Diamond Princess had been quarantined in Japan? “Well, for one, I have a real good friend who’s a doctor,” Georgeff told the reporter. “It’s really nothing more than a severe cold.”

But there’s one point that’s worth triple-underlining, and it’s the strangest part of the whole salon saga. Judge Moyé has been cast as the villain, the oppressor, whose puppetmaster is Dallas County Judge Clay Jenkins. It’s important to listen to Moyé’s words as he sentenced Luther. He was convicting her, he said, because of the rather sensible proposition that “the rule of law governs us … Society cannot function when one’s own belief in the concept of liberty permits you to flaunt your disdain for the rulings of elected officials,” Moyé said.

Here’s the thing. One of the “rulings” in question here is by Abbott, who, if you need reminding, is the Republican governor of Texas. Moyé, a Democrat, is defending Abbott’s prerogative in ordering business closures for public health reasons. Abbott isn’t alone in this, of course. The president, the governor of Texas, the Dallas county judge, and an assortment of both Democratic and Republican mayors in North Texas all agreed that Americans should cool it in April. This group may never agree on anything ever again, but they agreed on this. And yet the Republican officeholders are urging conservatives to train their fire on Moyé and Jenkins.

Ross Ramsey:

She’s not the only Texas beautician arrested for tending to customers during the pandemic — just the one who got the attention of the top politicians in Austin. Consider the story of two women in Laredo busted in April for offering nail and eyelash services in violation of pandemic-spurred restrictions. Ana Isabel Castro-Garcia was arrested by Laredo police after arranging to do the nails of an undercover cop posing as a customer. Brenda Stephanie Mata was arrested for a similar transgression, offering eyelash services to an undercover officer. Nails and lashes weren’t on the list of essential services under that city’s “COVID-19 Emergency Management Plan.”

Illegal grooming is hardly of interest to the average neighborhood crime watch or the FBI — whether it takes place in Laredo or in Dallas — but the law is the law.

Maybe it’s a big-city thing. State officials got after Harris County Judge Lina Hidalgo for a mandatory mask law that included fines for violators caught without masks in public. That furor also didn’t reach Laredo, where state officials had ignored a similar law for weeks. Maybe state officials just don’t pay attention to Laredo, or the Houston masks and the Dallas hair were just convenient attention-getting distractions for stressed-out politicians in the middle of a scary pandemic.

Whatever the case, salons can reopen in Texas on Friday to 25% of their regular capacity, freeing the state’s politicians to argue about other essentials.

Dale Hansen:

Those who blame the judge, saying it was a political stunt to put her in jail, are ignoring the real stunt here.

Luther’s GoFundMe page has raised more than half a million dollars, because it is true, there really is one born every minute. But I’m assuming she can feed her family now, and she will share her bounty with all those who can’t.

No one likes the position we’re in now. The virus has made it incredibly hard on almost all of us. But to excuse the actions of Luther, would create a society that I don’t think any of really want to live in.

[…]

We’re not in this together, we never have been. And all the sweet commercials won’t make it so.

Gov. Abbott and our other state leaders have proven again that the rule of law doesn’t matter, and court orders can be ignored as long as you are well-to-do and white.

If Shelley Luther’s beauty salon was in South Dallas the lieutenant governor would’ve never paid her fine and she’d still be in jail. And not a single one of you would be blaming the judge.

There. May Shelley Luther sink back into obscurity, and may we all remember the words of a long-ago statesman who said “We must all hang together, or we will surely hang separately.”

The state of the state’s response

I mean, it’s something.

Gov. Greg Abbott took multiple measures Sunday designed to expand hospital staffing and capacity in Texas, but declined to issue a statewide shelter-in-place order — even as calls for such an action increased as the new coronavirus continued to spread across the state.

In an effort to free up hospital beds in anticipation of an influx of patients sick with COVID-19, the disease caused by the coronavirus, Abbott ordered health care professionals to postpone “all surgeries that are not medically necessary” and suspended regulations to allow hospitals to treat more than one patient in a room.

But he did not order all Texans to shelter in place, noting that there are still many counties in the state without confirmed cases and that he wants to see the full impact of an executive order he issued Thursday. In the meantime, he welcomed local officials to take more restrictive action than he has statewide.

During an afternoon news conference at the state Capitol in Austin, Abbott also announced the formation of a “strike force” to respond to the coronavirus and that the Texas National Guard, which he activated several days ago, would be deployed this week to help hospitals deal with the outbreak.

In the lead-up to Abbott’s news conference, though, attention centered most intensely on whether he would go beyond the executive order that he issued Thursday. That order urged all Texans to limit public gatherings to 10 people, prohibited eating in at restaurants and bars and temporarily closed schools. That order went into effect midnight Friday and goes through midnight April 3.

“We need to see the level of effectiveness of the executive order,” Abbott said. “What we may be right for places like the large urban areas may not be right at this particular point of time for the more than 200 counties that have zero cases of COVID-19.”

[…]

Abbott said that his decision not to issue a statewide order should not stop local officials from issuing such orders in their jurisdictions.

“Local officials have the authority to implement more strict standards than I as governor have implemented in the state of Texas, “Abbott said. “If they choose to do so I would applaud them for doing so, but at this time it is not the appropriate approach to mandate that same strict standard across every area of the state, especially at a time when we are yet to see the results coming out of my most recent executive order.”

See here for the background. I can see the reason for Abbott’s actions, or lack thereof. It’s not clear that this is necessary for rural areas, and for the most part the localities that have needed such action have taken it themselves. (Insert reminder about Abbott’s self-serving relationship with the concept of “local control” here.) Indeed, the next story the Trib ran is about Dallas County prepping a shelter-in-place order. (Harris County Judge Lina Hidalgo has said she is considering such an order but has not yet announced one.) At least some hospitals have already acted to limit or suspend elective procedures as well. What all of this does is mostly make me think that Abbott is behind the curve rather than ahead of it. You know I don’t think much of our Governor, but even for him this seems kind of limp. What could he be doing that isn’t already being done? That’s what I’d like to know.

Coronavirus and local control

From Politico, evidence that there are no small-government “conservatives” in pandemic self-isolation foxholes:

Texas is a big state with a proud small-government philosophy. And that’s being tested by the Covid-19 pandemic.

Strict bans on public gatherings to curtail the virus’ reach and widespread testing and treatment run counter to the politics of top Texas officials. Instead they’re calling on local officials to lead the response.

As governors in states including New York and California have imposed statewide measures such as closing schools and limiting commerce, Texas leaders have been reluctant to set restrictions conservative voters might consider draconian and business leaders oppose. They’ve also opposed steps to expand health insurance coverage.

Texas’ Republican Gov. Greg Abbott issued a disaster declaration Friday — after dozens of states already had done so — and activated the National Guard on Tuesday, after more than a dozen states already had. State officials have yet to impose statewide limits on public gatherings, close schools or beaches or issue a special open enrollment period for health insurance, as California, New York and other big states have. And some health providers say Texas has been slow to boost coronavirus testing capacity and help them meet equipment needs.

“In this instance, President Trump is right: Governors need to step up,” Clay Jenkins, a Democrat and Dallas County’s top elected official, said in an interview. “When it comes to stemming the tide of the loss of life that we’re staring at, the governor is in a unique position to act.”

Abbott is fully in charge of the state’s response, because as part of the small-government philosophy, the state’s Legislature meets only in odd years for 140 days. So far, more than 60 coronavirus cases and one death have been confirmed in the state. Abbott said he expects the number of cases to explode next week as more testing capacity comes online and more diagnoses are counted.

Abbott, who has been governor for five years, tends to shine in moments of crisis. He’s been relatively hands-off during legislative sessions, but has played an active role in managing during disaster. Abbott earned praise for providing a steady hand during Hurricane Harvey, which hit Houston in 2017.

But the swift-spreading coronavirus public health crisis is catching Texas unprepared. The state, which didn’t expand Medicaid, has the highest uninsured rate in the country meaning millions of people don’t have doctors to call if they show symptoms. And Abbott has opposed local paid sick leave ordinances, which could encourage sick people to stay home and keep from spreading the virus, saying they hamper business growth.

[…]

Abbott’s office says the governor believes in taking a decentralized approach letting local officials take the lead in imposing restrictions and relying on private companies to help boost testing capacity.

Several Texas cities and counties have already closed schools and limited public gatherings. That includes Austin, which issued an order Tuesday banning gatherings of more than 10 people and shutting down restaurants and bars through early May.

“County judges and mayors have done a very good job in listening to local health officials,” Abbott’s spokesman John Wittman said in an interview. “What is best in Dallas may not be best for Amarillo or Abilene.”

Those of you who are old enough to remember the last couple of legislative sessions have likely done a spit-take to the sound of a record scratch upon hearing those words. But they’re not the first time they have been uttered. From the Trib, plowing a similar furrow three days earlier:

Abbott’s office, asked about the local protocols, said Monday that cities and counties “have done a very good job of doing what is right for their municipalities” and nodded to how helpful local decision-making can be in a state as large as Texas. That approach is in stark contrast to Abbott’s recent attitude toward local control. In the past few years, he has routinely sparred with mayors and backed several laws that chipped away at the power of cities and counties.

“Texas is so diverse that what is right in Houston and Harris County and Dallas and San Antonio may not be the best approach in Amarillo,” Abbott spokesman John Wittman said. “These cities and counties are following the proper protocol and guidance that they are receiving from their local health departments.”

Abbott’s push for local decision-making comes as the nation’s top infectious disease expert said the most effective way to stop spread of COVID-19 may be a 14-day nationwide shutdown.

So, local control is best when tough decisions that Greg Abbott doesn’t want to have to make need to be made. Otherwise, cities and counties need to stop thinking and acting in their own best interests and let Greg Abbott and the Republican Party do all of that for them. Could someone please make sure to have multiple large multi-colored printouts of those John Wittman quotes plastered all around the Capitol next year? Thanks. The Observer, which goes into a lot more detail, has more.

The Harris County bail lawsuit effect on Dallas County

The Trib looks to see if the recent Harris County bail lawsuit settlement might affect the bail lawsuit in Dallas County.

“Anytime one county settles, it could possibly provide a roadmap for another county, but I can’t say that it will,” said Dallas County District Attorney John Creuzot, whose county’s bail practices have also been slammed by a federal judge. “The landscape of this lawsuit is different.”

A big piece of that is because Dallas’ lawsuit, like another in Harris and one in Galveston, targets bail practices not only for misdemeanor defendants, but for felony cases, too.

[…]

“I’ve been studying very closely what’s happening in Harris County, and I think that it’s a step in the right direction and something that we should … modify or use as a blueprint for felony cases,” said State District Court Judge Brandon Birmingham, a Democrat and defendant in Dallas’ lawsuit. He was especially interested in the idea of an open-hours court.

Adding felonies to the lawsuit against bail practices in Dallas brought a new complication, however. The judges work for the state, not the county, and are being represented by the Texas attorney general’s office, which claims they have no jurisdiction over early bail decisions. County officials, who are largely Democratic, have said the attorney general’s office, run by Republican Ken Paxton, has stalled settlement talks and reform efforts.

“The fact that felony judges are part of the lawsuit complicates resolution,” said Dallas County Judge Clay Jenkins, a Democrat. “The AG office’s public positions on criminal justice reform and bail reform are not the same as the Commissioners Court or most of our elected judges.”

The attorney general’s office did not immediately respond to a request for comment.

In a court filing last month, Texas Solicitor General Kyle Hawkins wrote that the Dallas lawsuit goes too far by including felony judges. He said bail decisions are set by county judicial officers before felony judges assume jurisdiction over criminal matters.

“Despite tens of thousands of words spilled in this case so far, [the plaintiff] has yet to articulate just what she expects the felony judges to do, going forward, to remedy her alleged harm,” Hawkins wrote.

But things appear to be moving toward resolution. Two district judges, including Birmingham, recently began conducting their own bail hearings every morning and hired a lawyer to represent them instead of the attorney general. Jenkins and Creuzot confirmed that the parties are now headed to mediation to hopefully come up with a settlement proposal or consent decree.

See here for more on the second Harris County lawsuit, the one involving felony cases. It was filed in January and I haven’t seen any updates as yet, nor do I know if the AG’s office has gotten involved. Be that as it may, it seems to me that the underlying principle is the same, and should be viewed through a similar lens by the federal court. This time, Harris will follow behind Dallas, so we’ll see where they lead us.

We have a candidate in CD06

Good.

Rep. Ron Wright

A Waxahachie Democrat who is business partners with Dallas County Judge Clay Jenkins is running for Congress in 2020 against Rep. Ron Wright, an Arlington Republican who was first elected to office last year.

Stephen Daniel, an attorney, on Wednesday announced his House campaign, telling The Dallas Morning News that residents in the suburban-rural district “haven’t been adequately represented” by the incumbent and that, politically, “it’s a closer district than people think.”

“A lot of people are disenchanted,” said the 42-year-old, who grew up just outside of the district in Itasca, a tiny town in Hill County, and then eventually moved to Ellis County after law school.

The campaign launch could signal that Democrats are serious about expanding the battleground map in Texas, which was already expected to host eight competitive House races next year. While Daniel is a political novice running in a traditional GOP stronghold — one that President Donald Trump won by 12 points in 2016 — the attorney’s ties to a prominent North Texas Democrat like Jenkins could give him a step up in fundraising, name ID and party support. Consider that Daniel is vowing to raise $4 million, which would be a stunning amount for a congressional seat that hasn’t been the subject of a full-on campaign bout in decades.

[…]

Democrats have already circled pick-up opportunities in six Lone Star State districts where the incumbent Republican House member last year won by 5 points or less. The only North Texan among that group is Rep. Kenny Marchant, R-Coppell. Republicans, meanwhile, are eager to win back two longtime GOP seats that they lost last year in Texas. One of those districts is now represented by Rep. Colin Allred, a Dallas Democrat who ousted former Rep. Pete Sessions.

The contest for Wright’s seat could join that crowded docket. Daniel is pitching himself as a native son with humble roots. He “grew up very country,” he said, helping his dad work at a local landfill. He was also the first in his family to graduate from college, he said, ultimately earning a law degree from St. Mary’s University School of Law. He’s worked as a personal injury attorney for the last 15 years alongside Jenkins, who hailed Daniel’s “compassion, grit and tenacious spirit.”

“He cares about people and has earned the nickname ‘Bulldog’ for his zealous representation of his clients,” texted Jenkins, a longtime Democratic power player who was elected in 2010 as Dallas County judge.

As a reminder, this is Ron Wright. So yeah, I’m glad to see this. As noted, CD06 is not currently on the Dems’ target list, but Beto got 48.0% there, so it’s not a stretch to see it get on the radar. And the fastest way to get on that radar is via fundraising. Jana Sanchez, who is serving as Daniel’s treasurer, raised $734K last cycle, which in most other contexts would be excellent but is basically an opening bid here. I’ll definitely be looking for Stephen Daniel’s report at the end of this quarter. And with his entry, the only high profile district that still lacks a candidate is CD31; we’re still waiting on Wendy Davis in CD21, but we do have Jennie Lou Leeder, so that’s something. Let’s get that slate filled out.

Dallas County gets the Harris County treatment in its bail lawsuit

We have a precedent, even if everything is still a work in progress.

Taking a cue from the rulings on Harris County’s bail-setting practices, a U.S. district judge in Dallas issued a temporary order Thursday evening saying the county’s post-arrest procedures routinely violate inmates’ constitutional rights. The judge gave the county 30 days to change its ways.

U.S. District Judge David Godbey in Dallas said that the county has to stop the practice of imposing pre-set bail bond amounts, which often keep poor defendants locked up for days or weeks while letting wealthier ones go free, without individual consideration if arrestees claim they can’t afford it. He sided with the plaintiffs’ allegation that the county uses “wealth-based detention.”

“Wealthy arrestees — regardless of the crime they are accused of — who are offered secured bail can pay the requested amount and leave,” Godbey wrote. “Indigent arrestees in the same position cannot.”

[…]

Godbey relied heavily on Harris County rulings from the federal district court and the appellate court. He said the cases had the “same roots” — despite Dallas’ lawsuit also including felony defendants whereas Harris only involves those accused of misdemeanors — and concluded that doing anything other than what the appellate court ruled in Harris would “put the Court in direct conflict with binding precedent.”

“Broadly, those procedures include ‘notice, an opportunity to be heard and submit evidence within 48 hours of arrest, and a reasoned decision by an impartial decision-maker,’ he wrote, quoting the higher court’s ruling.

See here for some background, and here for an earlier story on how bail hearings have been done in Dallas. You know where I stand on this, and we both know that Dallas County has Democratic leadership, and thus I hope more than enough incentive to find a settlement. Some long overdue change is coming, and it is in everyone’s best interests to embrace it. The Chron and the Observer have more.

Dallas County “discrimination against white voters” lawsuit dismissed

It was always a silly idea.

A federal judge Thursday dismissed a landmark lawsuit that accused Dallas County commissioners of discriminating against white voters.

The lawsuit sought to dismantle the boundaries the county uses to elect commissioners, claiming that the lines dilute the voting strength of white residents.

U.S. District Judge Sidney Fitzwater said it’s possible for white voters to successfully claim voting rights discrimination, but he ruled that lawyers for the plaintiffs in Anne Harding vs. Dallas County didn’t prove their case.

He wrote that given the political makeup of Dallas residents of voting age, and the geographical distribution of Anglo Republicans, it isn’t possible to know if a GOP candidate could be elected in a second district.

“In other words, because plaintiffs have failed to produce any evidence at trial that the Commissioners Court could have created two performing districts for Anglo Republicans, the logical result is that [defendants] did not dilute the [Anglo Republican] vote,” Fitzwater wrote.

He continued: “In fact, if anything, the evidence shows that plaintiffs’ voting power has been strengthened, rather than diluted, by the concentration of Anglos in [Precinct 2] where they can reliably elect a Republican candidate. Accordingly, the court finds that plaintiffs have not proved their vote dilution claim.”

[…]

During the trial, the plaintiffs offered alternative boundaries that their experts contended would have resulted in two conservative Republicans on the Commissioners Court.

But Fitzwater was swayed by testimony from Democratic strategist Matt Angle, who drew the 2011 map. Angle said it wasn’t a given that voters in the two “Anglo” districts the plaintiffs sought would elect a Republican to the court.

Fitzwater’s opinion states that under the plaintiffs’ plan, white voters would be split between the existing Republican district and another one, opening the door for Democrats to control every seat on the Commissioners Court.

“There are not a sufficient number of Anglo Republicans to elect a Republican candidate in more then one commissioner district,” Fitzwater wrote.

See here and here for the background. A copy of the decision is embedded in the story. I’m dubious about the assertion that white voters could successfully claim voting rights discrimination – to say the least, I think the bar for that is going to be very, very high – but I’m not going to worry about that right now. The plaintiffs have a month to decide if they’re going to appeal. Good luck with that.

Testimony ends in Dallas County “oppressed white voters” trial

It’ll be awhile before we have a verdict.

Testimony ended Thursday in the landmark redistricting case over whether Dallas County discriminates against white voters.

The four-day trial — Ann Harding vs. Dallas County — featured analysis by local and national redistricting experts and video of two raucous county Commissioners Court meetings.

U.S. District Judge Sidney Fitzwater will wade through the evidence and issue a ruling. That could take months because the judge will receive 50-page closing arguments from lawyers on both sides and hear final oral arguments in late May or early June.

The lawsuit, filed in 2015, contends that the electoral boundaries county commissioners developed in 2011 dilute the white vote. Democrats enjoy a 4-1 advantage on the Commissioners Court. The districts are led by three Democrats — John Wiley Price, who is black; Elba Garcia, who is Hispanic; and Theresa Daniel, who is white. County Judge Clay Jenkins, also a Democrat, is white and is elected countywide. Mike Cantrell, also white, is the only Republican on the court.

See here for the background. I don’t really have anything to add to what I wrote before. I can’t imagine this will get anywhere, but we do live in strange times.

White voters sue Dallas County over claims of voter discrimination

I have four things to say about this.

Are white voters in Dallas County being discriminated against?

That question, which might cause some to chuckle, will be answered after a trial starting April 16 that could change the face of the voting rights struggle in America.

Four white residents are suing Dallas County, claiming that the current boundaries of county commissioner districts violate their voting rights. The case is believed to be one of the first in the nation where a group of whites is seeking protection under the Voting Rights Act.

The lawsuit foreshadows a potential turnabout in Texas’ and the nation’s racial politics. As Hispanics, blacks and other minorities close in on making America a country where minorities make up the majority, some whites are attempting to use civil rights laws to protect themselves from what they see as discrimination.

Dallas County, once dominated by white Republicans until demographic shifts paved the way for Democrats, is the ideal testing ground for such a case.

“There will be people who look up and say ‘oh, come on,’ but the facts are clear and it should not matter who is on the short end of the stick,” said Dallas lawyer Dan Morenoff, executive director of the Equal Voting Rights Institute. “The whole point is to assure state and local government can’t rig elections against races they don’t like.”

The white residents are backed by the Equal Voting Rights Institute. They are asking the court that the current Commissioners Court boundaries, approved in 2011, be redrawn to allow white residents to elect the commissioner of their choice.

[…]

Redistricting experts say the plaintiffs will have a hard time prevailing over the county. The Voting Rights Act, in part, protects victims of historical and systemic discrimination. White voters don’t fall in that class. A challenge to the maps on grounds that the white residents’ constitutional rights were violated has already faded.

“That’s a pretty high hurdle to overcome,” said Michael Li, an election law expert and senior counsel for the Brennan Center’s Democracy Program at New York University. “There hasn’t been a history of discrimination against white voters in Dallas County.”

Justin Levitt, associate dean for research at Loyola University in Los Angeles, agreed.

“You have to prove that the government intentionally took action against people because of their race. That is going to be much harder to demonstrate,” he said. “The case is going to turn on whether there is a history of discrimination against Anglos or present-day signs of discrimination.”

[…]

The lawsuit argues that the political clout of white voters has been purposefully diminished. Whites in Dallas County overwhelmingly vote for Republicans, the suit says, while blacks and Hispanics tend to vote for Democrats. The 4-to-1 Democrat-to-Republican ratio is a sign that whites have become disenfranchised, the suit says.

“The plaintiffs’ view is that a map was drawn on the basis of race to make sure a group couldn’t elect the candidate of their choice,” Morenoff said. “We think the law is pretty clear that it’s illegal. We’re making the same arguments that plaintiffs have made in Texas the past few decades. The law protects racial minorities whoever they are.”

But a white majority exists on the Commissioners Court even though Hispanics represent the largest racial group in the county. According to the U.S. Census, Hispanics make up 39 percent of the county population. The county is 33 percent white and 22 percent black.

[County Judge Clay] Jenkins, [Commissioner Theresa] Daniel and [Commissioner Mike] Cantrell are white. Daniel is a Democrat and Cantrell is a Republican. There is one black commissioner, Democrat John Wiley Price, and one Hispanic commissioner, Garcia, a Democrat.

The plaintiffs are arguing that white conservatives were not able to elect their candidate of choice.

Whites make up 48 percent of Dallas County voters, but essentially elect 25 percent (one commissioner) of the court, the lawsuit states.

Many white voters were packed into precincts controlled by Daniel, Price and Garcia. And others had their votes wasted after being packed into Cantrell’s Precinct 2, the lawsuit says.

Lawyers for the county disagreed in a court filing.

“Plaintiffs’ amended complaint fails to allege or demonstrate how the currently elected County Commissioners are not the candidate of choice of Anglo voters,” they wrote. “Even if the five commissioners are the candidates of choice of African-American and Latino voters, that fact does not preclude those Commissioners from also being the candidates of choice of Anglo voters.”

The trial is expected to take four days.

Li, the election law expert who spent 10 years in Dallas as a lawyer for Baker Botts, says redistricting cases like the one in Dallas County could evolve into referendums on partisan gerrymandering. Two such cases are before the U.S. Supreme Court.

“In the future, instead of race-based claims, they may claim that there was partisan gerrymandering,” Li said.

1. Good luck with that.

2. There are only four commissioners per county, plus a County Judge, so the result of one election can have a dramatic change to the partisan ration – you can go from 50-50 to 75-25 overnight, for example. Add in the County Judge and a “balanced” Court will be 60-40 one way or the other. My point here is that there’s only so much precision one can achieve.

3. Also, too: Harris County is at least as Democratic as Dallas is Republican, and at least as non-Anglo as Dallas is. Yet Harris County Commissioners Court has four Anglo Republicans and one African-American Democrat. Commissioners precincts were also redrawn following the 2010 election in which Jack Morman ousted Sylvia Garcia to protect the most vulnerable of the Anglo commissioners. Be careful what you’re wishing for here, Republicans. And yes, there was a lawsuit filed here over that, and the plaintiffs lost. Anyone think these folks in Dallas have a better claim than the plaintiffs in Harris County did?

4. Too bad the Supreme Court kneecapped the Voting Rights Act, huh? Maybe casting this as a partisan gerrymandering claim will help, assuming SCOTUS finds a remedy for that. In which case, again I say to be careful what you ask for, Republicans.

A copy of the lawsuit is here, and the county’s response is here; they are also embedded in the story. As always, I welcome feedback from the lawyers out there.

Lawsuit filed over Dallas County bail practices

Bring it on, I say.

On the heels of a federal ruling slamming Harris County for its bail practices, civil rights lawyers have now set their sights on a county with a similar system: Dallas.

Six indigent misdemeanor and felony defendants arrested this week and held in the Dallas County Jail filed suit against the county on Sunday night, claiming the bail system unconstitutionally discriminates against them by holding them in jail for days or weeks while letting similar defendants with cash walk free. One plaintiff, Shannon Daves, is a 47-year-old homeless and jobless transgender woman arrested on a misdemeanor theft charge. She has been kept in solitary confinement in the men’s unit since Wednesday under a $500 misdemeanor bond she can’t afford, the lawsuit claims.

“This system is really devastating for the people who can’t afford to purchase their freedom,” said Trisha Trigilio, a senior attorney at the ACLU of Texas, one of the legal groups representing the inmates. Lawyers with the Civil Rights Corps and the Texas Fair Defense Project are also leading the lawsuits in both Dallas and Harris counties.

[…]

In Dallas County, the plaintiffs state that judicial magistrates set money bail based on the alleged crime and prior convictions without considering an inmate’s ability to pay or determining if non-monetary conditions of release, like an ankle monitor or cab fare voucher, could ensure the defendant shows up to court. Texas law requires officials to consider financial ability when setting bail.

Instead, poor inmates who have yet to be convicted usually stay in jail because they can’t afford the bail, sometimes causing them to lose their jobs or housing, the lawsuit said. The lawsuit also argues that the threat of lengthy jail stays while awaiting trial encourages defendants to plead guilty.

Dallas County Judge Clay Jenkins said Sunday that he wouldn’t comment on a pending lawsuit, but said the county is working to improve the system.

“I support bail reform because some low-risk suspects that don’t need to be there are held in Texas jails at taxpayer expense simply because they can’t afford to bond out,” he said.

Dallas County Commissioner John Wiley Price also pointed to the county’s efforts to reform its bail system, touting a decrease in the county jail population. As of December, there were about 5,000 inmates in the jail, which has a capacity for about 8,700, according to the Texas Commission on Jail Standards.

You can see a copy of the complaint here. There are differences between the Dallas and Houston cases – the Dallas one involves felons as well as misdemeanants, and as noted their jail population had already declined by a significant amount. And, not to make too fine a point of it, Dallas County is ruled by Democrats, not Republicans. I would hope that means they’ll be much more amenable to finding a settlement rather than draw this out. (As this story reminds us, the Harris County case hasn’t even been heard yet – Judge Rosenthal’s ruling was an injunction, not on the merits.) We’ll see what happens. The ACLU’s statement on the suit is beneath the fold.

(more…)

Rick Perry doesn’t want people to get health insurance

There’s really no other viable explanation.

It's constitutional - deal with it

It’s constitutional – deal with it

On a White House conference call on Monday, Texas Democrats criticized Gov. Rick Perry and other Republican state leaders for “getting in the way” of implementing federal health care reform.

During the call, which was organized by the White House to tout the impact of the Affordable Care Act in Texas, state Rep. Trey Martinez Fischer, D-San Antonio, and Dallas County Judge Clay Jenkins accused state leadership of creating obstacles to keep Texans from obtaining health insurance, as required by the health care law, also known as Obamacare. The two Democrats cited Texas’ decision not to expand Medicaid, the lack of a state-based insurance marketplace and proposed additional rules for federal navigators.

Martinez Fischer called Texas the “poster child” for the uninsured, adding that the state’s rate of residents without health insurance — the highest in the nation at about 25 percent — had received “no relief from state leadership.”

“I wish we would use our energy and momentum in Texas with our statewide elected officials to actually embrace and work cooperatively with the administration to expand ACA opportunities in Texas rather than the trail of roadblocks,” Martinez Fischer said.

Jenkins questioned Perry’s request for additional regulations on federal navigators, who are charged with helping individuals sign up for health insurance.

“If they won’t help citizens gain access to coverage, they ought to stand down and stay out of the way for those of us who are willing to work to do the job for Texas,” Jenkins said.

Perry first requested the rules in September, citing consumer privacy concerns. Other Republican state leaders, including Lt. Gov. David Dewhurst and Attorney General Greg Abbott, followed suit.

Perry spokeswoman Lucy Nashed called the conference call an attempt to distract from the Affordable Care Act’s “continued failures.” She cited the technical problems of the federal online insurance marketplace, concerns surrounding the training of navigators and delayed enrollment deadlines.

“Texas families and businesses don’t need more empty rhetoric from the Obama administration to know that Obamacare is a failure,” Nashed said.

It takes a certain level of sociopathy to say something like that when you are the Governor of the state with by far the highest number of uninsured people, and you’ve been Governor for thirteen years without doing a single thing about it. Except for all the things you’ve done to deny health insurance to people, such as the CHIP cuts and our famously stingy Medicaid eligibility requirements and onerous enrollment processes. Hey, remember when we spent a couple hundred million dollars outsourcing our Health and Human Services Commission and gave the money to a private firm that didn’t know its ass from a pencil eraser? Those were the days, my friend.

The antipathy towards health insurance comes through in everything Rick Perry – and David Dewhurst and Greg Abbott and the rest of the sorry lot – does, from imposing needless burdens on navigators to refusing to expand Medicaid to refusing to implement an exchange, and on and on. If there were some honest ongoing effort over the past decade-plus to do something about the millions of uninsured in Texas, that would be one thing. But the record, and the inactivity, speak for themselves. There’s really no other way to characterize it. Millions of people have become insured around the country, but all we get here is rage and denial.

Oh, and bad journalism, no doubt influenced by the lying and obfuscation. Do make sure you click those two links and read the stories, which have now coaxed an apology for the half-assed job they did from the Star-Telegram. Senators Sylvia Garcia and Rodney Ellis have more.

Dallas County to sue state over voter ID

The shoe is on the other foot.

Still the only voter ID anyone should need

Still the only voter ID anyone should need

Democratic Dallas County commissioners narrowly agreed [Tuesday] afternoon to join a lawsuit against Republican Texas Gov. Rick Perry over state efforts to enforce a controversial voter identification law.

Democratic Commissioner Elba Garcia stepped out of the partisan fray inextricably linked to the national debate on voter ID laws and joined Republican colleague Mike Cantrell in voting against the move. County Judge Clay Jenkins and commissioners Theresa Daniel and John Wiley Price, all Democrats, votes for the measure.

Supporters of suing, including District Attorney Craig Watkins, said the move is an attempt to protect voters’ rights. An estimated 220,000 county voters lack the identification the law would require.

Cantrell, the lone Republican commissioner, accused his colleagues of using county funds to push a partisan agenda. Garcia criticized the lack of detailed information on what joining the suit will cost.

Here’s a fuller story in the DMN that adds a few more details.

Missing from the vote at Tuesday’s Commissioners Court meeting was a clear idea of just how much the county’s direct involvement will cost taxpayers.

That’s largely because commissioners haven’t been told what expenses will need to be covered — or how much of those costs will be paid by the lawsuit’s existing plaintiffs. Before the vote, Cantrell failed to get attorney Chad Dunn to provide ballpark figures of the suit’s total cost or each plaintiff’s likely contribution.

That ambiguity prompted Garcia’s opposition. Garcia said she wanted more time to figure out how much the county could end up paying Dunn’s firm. She said officials were told they had to vote Tuesday so that the state could be served with legal papers in the case before a hearing scheduled for next month.

Garcia said that state leaders still hadn’t been served with the initial complaint from the lawsuit, which was filed in federal court in June.

“When I ask for one week and I’m told it’s now or never, you won’t be a part of it, I take that as my questions are not important,” Garcia said.

When asked why attorneys couldn’t request that the September hearing be moved to allow both sides more time to prepare, Jenkins said there is no guarantee such a request would be granted.

As she did on the campaign trail last year, Daniel said managing the county’s budget is the primary job of commissioners. But she added Tuesday that fighting the state is the “right thing to do” because Texas is using taxpayer money to disenfranchise voters.

“That’s wrong, but that’s on somebody else’s plate,” she said.

According to this DMN story from before the vote, the commissioners voted to hire a law firm to join a federal lawsuit. That would be the Veasey lawsuit, which of course is now enmeshed with the Justice Department lawsuit. I’m honestly not sure what the practical effect of this will be, but hey, the more the merrier. The question about how much this will cost is a fair one, and if it turns out to be a bigger number than expected it will be a political issue for County Judge Clay Jenkins and DA Craig Watkins, both of whom are up for re-election next year. As for the complaint about pushing a partisan agenda, well, tell it to Greg Abbott. A statement from the Dallas County Democratic Party is beneath the fold, and BOR, The Trib, and Trail Blazers have more.

(more…)

Yes, Rick Perry still hates Medicaid

We’re not surprised by this, right?

It’s constitutional – deal with it

The Texas rhetoric around a key facet of federal health reform — whether the state will expand subsidized insurance to its poorest adults — reached the high water mark on Monday, with back-to-back press conferences at the Capitol featuring political leaders on both sides of the aisle.

Republicans including U.S. Sens. Ted Cruz and John Cornyn, Gov. Rick Perry, Lt. Gov. David Dewhurst and members of a conservative think tank gathered first, reaffirming their opposition to expanding Medicaid, a key tenet of “Obamacare” that is widely supported by Democrats. The expansion — and in particular, the flexibility the federal government has shown some Republican-led states in implementing it — has in recent months drawn the support of some fiscal conservatives reluctant to pass up billions of federal dollars and the opportunity to curb Texas’ ranks of the uninsured.

“For those states buying into this, they will come to rue the day,” Cruz said.

“When the federal government retreats,” Cornyn added, “the state’s going to be on the hook.”

[…]

Republican lawmakers want the Obama administration to give Texas a block grant for Medicaid, which the state would use to subsidize private health savings accounts for low-income recipients. Medicaid recipients would either enroll in a Medicaid managed care plan or be given subsidies on a sliding scale based on their income. The state would also likely include “personal responsibility” measures, such as higher co-pays for patients who went to the emergency room for minor ailments.

Perry said federal leaders need to “decide if they trust” Texas to run Medicaid as the state sees fit, and called the Obama administration “harder to deal with than previous administrations.” But when asked whether he, Cruz or Cornyn had reached out to begin negotiations with the Obama administration on ways to reform Medicaid with federal dollars, Perry said that was the job of the Legislature and the state’s health and human services commissioner.

Did I mention that Perry would make bogus claims about the feds not negotiating in good faith? Why yes, I did. It’s really very simple – Perry, Dewhurst, Abbott, Cornyn, Cruz, the poo-flinging nihilists at the TPPF, they don’t want to help anyone who doesn’t have access to health care. They could not care less about these people. It’s not about the money, it’s not about compassion (since none of them have any), it’s about ideology. They could not be any clearer about this.

Note, by the way, the cloistered nature of Perry’s gathering of the elites, which includes lobbyists but no one who is or would be affected by the decision to expand Medicaid. Now contrast that to some of the people who are affected by that decision.

The county judges of Texas’ most populous counties, as well as the Chambers of Commerce of most of Texas’ largest cities, have endorsed Medicaid expansion as a means of paying for health care in a state with the highest number of uninsured individuals in the country. Without it, they say local taxpayers foot the bill as poor people seek care in expensive emergency room settings.

Some of those people came to the Capitol as well, though they weren’t invited to Perry’s little conclave.

Democrats in Congress and the Legislature, uninsured parents, the head of the state’s main hospital trade group and top local officials in Dallas and San Antonio urged state GOP leaders Monday to negotiate with the Obama administration to expand Texas’ Medicaid program for the poor.

“The public hires us not to do the ideological thing but the smart thing,” said San Antonio Mayor Julian Castro.

Dallas County Judge Clay Jenkins said it’s unacceptable to leave a large bloc of the population relying on safety net hospitals’ emergency rooms for care when their maladies could receive earlier attention and treatment.

“Do we want to insure the 1.5 million uninsured Texans that need this primary care and are eligible under the expansion population?” he said. “It’s time to put politics aside and stand up to the extremist factions of political parties and work together on the local, state and federal level to find a plan that fits the unique needs of struggling Texans and expands our Texas economy.”

[…]

Ofelia Zapata, an Austin housewife and mother, said her husband is an uninsured laborer who works long hours but can’t afford private coverage. And yet he makes too much to qualify for Medicaid, said Zapata, who is a leader of the Industrial Areas Foundation group Austin Interfaith.

She cast the policy question in moral and religious terms.

“As a Roman Catholic, we believe in dignity of a human person and demands that we stand in solidarity with the poor,” she said. “We must therefore expand Medicaid for Texas families.”

I’m terribly sorry, Mrs. Zapata, but Rick Perry and his cronies don’t care about you. They don’t care what people like Ed Emmett and the Lubbock Chamber of Commerce think. They don’t care about the lives that would be saved by expanding Medicaid, because being “pro-life” has nothing to do with living people. They don’t care what a bunch of protesters think. (There are pictures here and here if you care what they think.)

Oh, and just so we’re clear, this full-on opposition to the Affordable Care Act in general and Medicaid expansion in particular is strong evidence that the GOP’s ballyhooed efforts to “re-brand” themselves and reach out to Latino voters is just so much hot air. Latinos strongly support the Affordable Care Act. In general, Latinos and other voters of color support a much more robust role for government, which kind of complicates the whole “small government/starve the beast” message the GOP has to offer. In addition, the bulk of uninsured Texans are Latino. These are the people that would greatly benefit from Medicaid expansion. But of course, Rick Perry and his cronies don’t care about them. I’m still not terribly hopeful that Perry’s obstinacy will have an electoral effect next year. But that day, and that effect, is coming.

UPDATE: More from PDiddie, and the Texas Organizing Project, which was responsible for some of those protesters from yesterday, has more in store for today:

A recent study shows sixty-eight percent of working class Texans don’t know they’d be covered under the health care expansion if it comes to the Lone Star State, but community activists from Texas Organizing Project want to change that. They’re meeting in Austin to lay out their “Find the 1.5” campaign which sets an ambitious goal to identify the 1.5 million Texans that would benefit from Health care Expansion. They’ll be joined by State Senators Rodney Ellis, Wendy Davis and Sylvia Garcia for a press conference laying out the details of the campaign where they’ll canvass clinics, grocery store parking lots and neighborhoods in Dallas, Houston, San Antonio and the Rio Grande Valley to inform and organize those poised for coverage under the expansion.

“I didn’t know I would qualify for coverage until someone showed me the details,” said Gloria Payne who chairs the health care campaign in Houston. “We’re not going to sit back and let them make decisions for us, we want in on the conversation,” concluded Payne. The campaign will begin it’s neighborhood rollout Wednesday in Houston and the Rio Grande Valley, Thursday in San Antonio and Friday in Dallas.

Who: State Senators Rodney Ellis, Wendy Davis and Sylvia Garcia; Texas Organizing Project and allied organizations.

What: Press conference for statewide neighborhood rollout campaign to “Find the 1.5” million working, uninsured Texans that would benefit from health care expansion.

When: Tuesday, April 2, 2013 at 10:00 AM

Where: Texas State Capitol, Lieutenant Governor’s Press Room, Room 2E.9

As if you needed another reason to support Medicaid expansion

Even more data on why Medicaid expansion makes sense from Texas Impact.

It’s constitutional – deal with it

The study, by former Texas deputy comptroller Billy Hamilton, says Texas shouldn’t pass up the chance to insure up to 2 million of its more than 6 million uninsured people.

Hamilton cited other benefits. Expansion of the Medicaid rolls would “provide relief to local taxpayers and increase the financial stability of the health care infrastructure on which all Texans depend,” he wrote.

Texas Impact, a statewide interfaith group with a progressive bent, and San Antonio-based Methodist Healthcare Ministries, which owns half of the largest hospital and health care system in South Texas, commissioned Hamilton’s study. It was released last month but on Monday, the sponsoring groups issued this update, which breaks out the financial effects and numbers of newly covered persons by county and by legislative district.

Gov. Rick Perry and other state GOP leaders oppose the Medicaid expansion, saying the state-federal program is a mess and a budget-buster.

Hamilton’s study, though, says if Texas agrees to the expansion, the state would reap $27.5 billion in new federal health care spending from 2014-2017. That would generate an estimated 231,000 jobs by 2016, and just under $68 billion of new economic activity in the state over the four-year period, he found. Hamilton said the additional economic jolt would throw off $2.5 billion in new local tax collections statewide in 2014-2017.

Under his “moderate enrollment growth” scenario, in which about 1 million adults statewide would gain Medicaid coverage, Dallas County would attract $612 million annually in federal Medicaid match by 2016 and Collin County, $132 million. Those figures compare with combined county, hospital district and/or private hospital charity care costs of $691 million in Dallas County, and $9 million in Collin County, for the most recent year for which data were available.

“As if saving local taxpayers millions on low-income care isn’t enough, lawmakers can actually bring new revenues to their districts without raising taxes — and make their constituents healthier in the process,” said Bee Moorhead, an ordained Presbyterian clergy woman who is Texas Impact’s executive director.

See here for the initial Texas Impact report, and click on the “this update” link in the story to see what’s new. Basically, they broke out the numbers by House and Senate district, so if you want to contact your legislators and let them know why they should be behind this effort (hint, hint) you can have some facts at your fingertips. You might also contact your County Commissioner about it, since the numbers are based on county figures. Speaking of counties and Commissioners Courts, Travis County has passed a resolution calling on the Lege to take action on expanding Medicaid, following the lead of Dallas County. Bexar County will vote on this on February 26. What is your county doing? Whatever it is, keep up the pressure. You can’t be heard if you’re not making noise. And the more Rick Perry feels the need to defend himself, the better.

Here’s more from the Chron:

Hospital districts, county health care services, jails and charities in Harris County spent $920 million providing services to the uninsured for which they were not reimbursed, according to 2011 figures. If the Texas Legislature approves Medicaid expansion, at least $645 million and as much as $1.4 billion in federal funding would reach Harris County in 2016 to provide services for many of the currently uninsured, depending on how state leaders would structure the expanded coverage, according to estimates.

Using data from hospitals, the census and current legislative proposals, the report also estimated increases to local tax revenue from expanding services to an additional one million adults, which in Harris County could be as high as $411.5 million over four years starting in 2014.

[…]

Elena Marks, a health policy expert at Rice University’s Baker Institute for Public Policy, said federally funded Medicaid expansion is too good to pass up, citing a 2012 study by The Perryman Group titled, “Only One Rational Choice.”

Rather than looking at the flow of federal, state and local tax dollars in health care, that study looked at the overall economic impact of reducing uncompensated care, enhanced productivity from healthier Texans and other multiplier effects. It concluded that every dollar spent by the state on Medicaid would return $1.29 in revenue over the first 10 years of the expansion.

Marks warns, however, that expanding Medicaid would not be enough, hoping that local funds freed by federal and state dollars could go toward improving care.

She points to a federal grant program operated through Regional Healthcare Partnerships that funds innovative improvements to providing primary care, serving at-risk populations and targeting particular diseases.

El Paso and Dallas counties have passed resolutions urging legislative approval, and a network of state non-profits, including Houston’s The Metropolitan Organization, are encouraging others to follow suit.

“American taxpayers already have funded the increased health insurance coverage, but it’s the governor’s decision whether eligible Texans will be allowed access to it,” said Kevin Collins, TMO co-chairman and a Catholic pastor, in a press release about a rally at the state capitol Wednesday. “Access to affordable, quality health care is a fundamental right for all.”

Yes, let’s not forget the Perryman report or the Legislative Budget Board recommendation, either. The usual nattering nabobs are quoted in both stories fretting about the Medicaid match maybe someday being reduced by the Feds (at which point Texas could choose to back out if it wanted to) or Medicaid not being perfect but not addressing any of the points about the economic boon that Medicaid expansion would be or the lives that it would save, and surely not having any viable alternatives because they don’t care about that sort of thing. Oh, they also express concern about there not being enough doctors to handle the influx of new Medicaid recipients, which while valid on its face is deeply ironic coming from the kind of people that crammed tort “reform” down our throats partly on the premise that drastically limiting liability on doctors would lead to a flood of new MDs in our state. So yeah, I don’t really take any of their whining seriously. Even Florida Governor Rick Scott, who was one of the lead plaintiffs in the suit against Obamacare, has agreed to expand Medicaid for at least the first three years, when the feds are picking up 100% of the cost. Dallas County Judge Clay Jenkins, writing in the Trib, has more.