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Dan Patrick

Keep fighting, fellas

Primal scream time.

Two of Texas’ top Republicans took part [last] Saturday in a protest of Gov. Greg Abbott’s coronavirus restrictions outside the Governor’s Mansion, a striking display of intraparty defiance three days before early voting begins for a momentous November election.

The “Free Texas” rally featured speeches from Texas GOP Chair Allen West and Agriculture Commissioner Sid Miller, both of whom invoked the governor critically. At one point, Miller turned toward the mansion with a message for Abbott.

“Quite frankly, governor, your cure is worse than the disease,” Miller said.

West, who took over the party in July and has been an open critic of some of Abbott’s coronavirus decisions, read a resolution that the State Republican Executive Committee passed last month. The resolution tells Abbott: “No Exceptions, No Delays….Open Texas NOW.”

“We call upon the governor to do what is right by the people of the great state of Texas so that Texas can continue to be a leader,” West added. “And if the governor did not get this resolution, I’m gonna leave it right here, at the gates of the Governor’s Mansion.”

The protest drew at least 200 people, a virtually maskless crowd, to a parking lot steps away from the Governor’s Mansion in downtown Austin. After hearing from a lineup of speakers that also included state Sen. Bob Hall, R-Edgewood, the group marched on the streets and sidewalks surrounding the mansion, chanting, “Open Texas now!”

The audience was filled with signs expressing disgust at Abbott’s decisions to institute a statewide mask mandate and shut down certain businesses throughout the pandemic. One sign called Abbott the “#1 Job Killer in Texas,” while another called to “IMPEACH ABBOTT THE RHINO.”

I’ve been sitting on this for a few days in part because there’s so damn much other news that I’ve not been able to fit it in, and in part because it’s hard to add anything to “IMPEACH ABBOTT THE RHINO”. But we carry on.

West’s criticism of Abbott’s pandemic decisions has fueled speculation that he could run against the governor in 2022. As West prepared to start speaking at the rally, there were a couple chants of “West for governor!” which he sought to brush off, saying, “Oh, stop it, stop it, stop it.” Then there was another chant that drew cheers, prompting West to shake his head lightheartedly.

“Paid political announcement by a bunch of knuckleheads,” he said jokingly.

The idea of a carpetbagger like Allen West being a serious primary challenger to Greg Abbott is bizarre, to say the least, but we live in strange times. I do at this point believe someone will challenge Abbott in the primary, but who that might be and how seriously it will be taken remains unclear. Maybe this was Sid Miller’s audition for the job – he’s dumb enough to think he can do it, and clownish enough to appeal anyone who might think Allen West is some kind of savior. There’s plenty of room for this to get dumber, of that I’m certain. Dan Patrick as ever is the wild card, and likely the one Republican than Abbott actually fears. I don’t have any predictions – even if I did, it would be ridiculous to make them this far in advance – but I sure am interested in seeing how this plays out. We have a super consequential legislative session coming up, with redistricting and coronavirus and executive power and who knows what else that will dominate. How much does this kind of dissension affect Republican plans, or can they pull it together enough to support the things they all are supposed to like? Would a Dem Speaker remind them all of their real opponent? I don’t know, but these are the things I’ll be thinking about.

More details emerge about the latest Paxton allegations

The Chron advances the ball.

Best mugshot ever

The top state officials who staged a mutiny against Attorney General Ken Paxton warned that he was using his office to benefit campaign donor Nate Paul, an embattled Austin real estate investor.

Paul, a once high-flying businessman whose offices were reportedly raided by the FBI last year, gave Paxton $25,000 ahead of the attorney general’s hard-fought re-election battle in 2018.

The No. 2 official in the attorney general’s office, First Assistant Attorney General Jeff Mateer, put Paul at the center of allegedly illegal activities by Paxton in a text message sent Thursday. Mateer, who resigned Friday, joined six other high-ranking employees in accusing Paxton, the state’s top law enforcement officer, of abuse of office, bribery and improper influence.

“Each of the individuals on this text chain made a good faith report of violations by you to an appropriate law enforcement authority concerning your relationship and activities with Nate Paul,” Mateer wrote in the text message, which was obtained by Hearst Newspapers.

The group requested an immediate meeting with Paxton, but the attorney general said he was “out of the office” and asked them to email him with their concerns. The Austin American-Statesman, which first reported on the allegations against Paxton, published a letter the officials sent to the attorney general’s human resources office on Oct. 1.

Neither Paul nor his attorney returned calls or messages left on their voicemail.

Paxton said in a statement Sunday: “The Texas attorney general’s office was referred a case from Travis County regarding allegations of crimes relating to the FBI, other government agencies and individuals. My obligation as attorney general is to conduct an investigation upon such referral. Because employees from my office impeded the investigation and because I knew Nate Paul, I ultimately decided to hire an outside independent prosecutor to make his own independent determination. Despite the effort by rogue employees and their false allegations, the AG’s office will continue to seek justice in Texas.”

The uprising against Paxton crystallized when a special prosecutor he appointed, Houston lawyer Brandon Cammack, issued grand jury subpoenas last week targeting “adversaries” of Paul, a senior AG official told Hearst Newspapers.

The official who spoke with Hearst Newspapers said those subpoenas spurred the seven top deputies in the attorney general’s office into action. One of the signatories on the letter accusing Paxton, deputy attorney general for criminal justice J. Mark Penley, filed a motion in state district court in Austin to halt the subpoenas. The motion to “quash” them was granted on Friday, records show.

In filing the subpoenas, Cammack “represented that he was acting on behalf of the office of the Attorney General as a Special Prosecutor,” Penley’s motion said. “He is not properly authorized to act as a Special Prosecutor, and … has no authority to appear before the grand jury or issue grand jury subpoenas.”

See here for the background. The information about the special prosecutor appointed by Paxton who’s been issuing subpoenas that “target adversaries” of this Nate Paul character is what really made my hair stand on end. If there is any truth to that, then this is a massive violation of the AG’s office and I can see why his top lieutenants rebelled the way they did. Greg Abbott and Dan Patrick are quoted in the story issuing “this sounds bad but let’s wait an see” statements – which, in all honesty, is reasonable enough for now – but the pressure is going to be on them, too.

There’s more in the story about Nate Paul, who sounds like a typical “more money than brains or ethics” sort, and I’ll leave that to you to read. This is the other bit that had me going “hmmmm”:

Kent Schaffer, a special prosecutor in [the long-running financial fraud case against Paxton], said Saturday that the latest accusations, if they leads to charges, could imperil Paxton’s odds of securing any kind of deal to resolve the criminal case.

“We were trying to get this case resolved, but if this guy’s out committing crimes while he’s on bond, then it’s going to become an extremely serious matter,” Schaffer said. “I’m not saying that he has — I don’t know the specifics, (but if he has) then it’s game on.

“Maybe the people that reported him are not shooting straight, but I want to hear from both sides, if possible. We’re going to do what we can to investigate.”

Schaffer said he contacted the Texas Rangers on Saturday immediately upon hearing the news. He declined to comment on whether the agency mentioned any existing investigation on the matter.

Paxton has also been accused by his staff of accepting bribes in the past.

Those 2016 bribery allegations did not lead to charges, though they did give us all a momentary thrill. The idea that the special prosecutors in the current case against Paxton might be able to get some leverage against him from this scandal-in-the-making is also giving me a thrill. I should know better by know, but I can’t help myself.

The revelations over the weekend appeared to have shaken the agency, where Ryan Bangert, deputy first assistant attorney general and one of the seven officials who reported Paxton to the authorities, sent out a letter of reassurance to staff.

“I write to assure you that the executive team remains committed to serving you, this office and the people of Texas,” Bangert wrote. “Your work, your sacrifice, and your dedication to this office inspire us all.”

Jordan Berry, Paxton’s political adviser, said he resigned after news of the allegations broke.

Watch what the people around Paxton do. We could be in for a mass exodus. I will try to stay on top of things. The Statesman has more on Nate Paul, and there’s national coverage from Bloomberg and CNN.

They just don’t want you to vote by mail

It’s okay if you’re a Republican, of course.

As states across the country scramble to make voting safer in a pandemic, Texas is in the small minority of those requiring voters who want to cast their ballots by mail to present an excuse beyond the risk of contracting the coronavirus at polling places. But the ongoing attempts by the White House to sow doubt over the reliability of voting by mail has left Texas voters in a blur of cognitive dissonance. Local officials are being reprimanded by the state’s Republican leadership for attempting to proactively send applications for mail-in ballots, while the people doing the scolding are still urging their voters to fill them out.

What was once a lightly used and largely uncontroversial voting option in Texas — one even Republicans relied on — is now the crux of the latest fight over who gets to vote and, equally as crucial in a pandemic, who has access to safe voting.

“Ensuring vulnerable populations can vote by mail during a pandemic is designed to protect human life & access to the vote,” Harris County Judge Lina Hidalgo said on Twitter this week after the county’s mailing plan was temporarily blocked by the Texas Supreme Court. “Those who stand in the way—using voter suppression as an electoral strategy—are throwing a wrench in democracy. We’ll keep fighting.”

[…]

Lt. Gov. Dan Patrick characterized efforts to expand mail-in voting during the pandemic as a “scam by Democrats” that would lead to “the end of America.” In a rolling series of tweets, President Donald Trump has pushed concerns of widespread fraud — which are unsubstantiated — in mail-in ballots. Texas Attorney General Ken Paxton quoted a local prosecutor saying voting by mail “invites fraud.”

Meanwhile, the Texas GOP sent out applications with mailers urging voters to make a plan to request their mail-in ballots. Fighting in court against Harris County’s plan, Paxton’s office argued “voting by mail is a cumbersome process with many steps to limit fraud.”

Luke Twombly, a spokesperson for the Texas GOP, confirmed the party had sent out ballot applications “like we do every year” to older voters and voters with disabilities that would allow them to qualify. Twombly did not respond to a follow up question on how the party determined voters who would be eligible based on a disability, nor did he respond to questions asking for specifics on the party’s get-out-the-vote efforts tied to voting by mail.

“The cynical explanation is that the intent here is to make it as easy as possible for Republicans to vote by mail but discouraging others and casting doubt over the process following the lead of the president,” said Rick Hasen, an elections lawyer and professor at the University of California-Irvine. “I think that’s a real fine needle to thread.”

It might be in the GOP’s best interest to “encourage voters to vote safely” by mail, particularly as the state’s vote-by-mail rules allow many of their base voters to be automatically eligible for an absentee ballot, but the president is complicating matters for them, Hasen said

“They are caught between a rock and a hard place,” Hasen said.

Some Texas Republicans quietly express frustration that party leaders are casting doubt on a system that they have worked for years to cultivate. West and other prominent Texas Republicans have floated unsubstantiated concerns that increased mail-in voting creates opportunities for widespread voter fraud. In interviews with multiple Republican operatives and attorneys who have worked on campaigns in the state, all suggested privately that the modernized system precludes such a scenario. None of these Republicans would go on the record, for fear of alienating colleagues.

There are some documented cases of fraud in mail-in voting in Texas. But like voter fraud overall, it remains rare.

“This issue … of fraud and voting fraud and all that was brought up years ago, 19 years ago when I was secretary of state,” said U.S. Rep. Henry Cuellar, a Laredo Democrat who was appointed Texas secretary of state by former Gov. George W. Bush, a Republican. “I looked at it as secretary of state, and it was so rare, so rare.”

[…]

In an effort to combat confusion among voters, Harris County said it intended to send the applications for mail-in ballots with “detailed guidance to inform voters that they may not qualify to vote by mail and to describe who does qualify based on the recent Texas Supreme Court decision.” In its mailers, the Texas GOP instructs voters to “take immediate action” by confirming they meet the eligibility requirements and filling out an application proactively sent out by the party.

[Derek] Ryan, the Republican voter data expert, suggested that a past Republican campaign emphasis on vote-by-mail lends credibility to the objections Republicans are raising in Harris County.

“Voting by mail is our bread and butter,” said Ryan, the Republican voter data expert. “I kind of dismiss that more ballot by mail votes automatically favor the Democrats over the Republicans. That might not necessarily be the case. I think that kind of says the Republicans who are opposed to it aren’t necessarily doing it because they think it benefits the Democrats. They’re doing it because of election integrity.”

But in light of those objections, the Texas Democratic Party painted the GOP’s mailings to voters who did not request them as “a shocking display of hypocrisy.”

“It seems if Republicans had their way, the only requirement for Texans to cast a mail-in ballot would be ‘are you voting for Donald Trump?’,” Abhi Rahman, the party’s communications director, said in a statement this week.

I don’t know that I have anything to say here that I haven’t said multiple times already. There’s no valid principle behind the Republicans’ zealous objections to vote by mail, which is something they have used and still use but apparently cannot believe that anyone else would dare use against them. The screeching claims of fraud are just the usual shibboleth, packaged for today’s needs. We know that national Republicans have largely given up on their ability to win a majority of the vote. It’s just kind of morbidly fascinating to see Republicans in Texas adopt the same stance. Who knew they had so little faith in themselves?

Politico profile of Lina Hidalgo

Good stuff.

Judge Lina Hidalgo

In late April, Lina Hidalgo stood at a microphone in the Harris County emergency operations center in Houston and pushed up the teal fabric face mask that had slipped off her nose. Her voice was slightly muffled as she spoke. Next to her, an American Sign Language interpreter translated for an audience that couldn’t see her lips. But there was no need to worry her message would be lost. Soon it would become the subject of debate across the country—and so would she.

Hidalgo, the county judge of Harris County—the top elected official in the nation’s third-largest county—announced that millions of people in the Houston area would be required to wear a face covering in public to slow the spread of the coronavirus. People who didn’t comply would risk a fine of up to $1,000. Behind her, charts and graphs told the statistical story that had led Hidalgo to this moment. Since early March, when the state’s first case of Covid-19 had been identified in Houston, the urban heart of Harris County, the number of infected people in the county had climbed to 3,800. That day, the death toll stood at 79 and Houston’s mayor, Sylvester Turner, warned that number could “exponentially increase.”

Hidalgo had been bracing for the disease for weeks. She had sought advice from officials in King County in Washington state, the nation’s first hot spot. Armed with their insight, she rallied her own emergency management and public health officials to prepare a response and on March 16 ordered the closure of bars and restaurant dining rooms. Initially, state officials followed suit. Three days after Hidalgo’s order, Gov. Greg Abbott declared a public health disaster for the first time in more than a century. Texans huddled indoors. But by early April, pressure was mounting on Abbott to end the lockdown. Hidalgo was pulling the other way.

You know what happened from there. You should read the whole thing, it’s mostly stuff you already know but it’s deeply satisfying to see someone who’s been right about the virus in all the ways that matter and who’s been the target of some vicious, racist insults as a result of her being right about it get her due. I’m going to highlight two other bits here:

“The perils of straight-ticket voting were on full display Tuesday in Harris County,” the Chronicle’s editorial board clucked. “Longtime County Judge Ed Emmett, a moderate Republican who’s arguably the county’s most respected official, was ousted by Lina Hidalgo, a 27-year-old graduate student running her first race.”

“We hope she succeeds,” the editorial continued, “but residents can be forgiven for being squeamish about how Hidalgo will lead the county and, by extension, the region’s 6 million people, through the next hurricane.”

I can understand the initial apprehension about a political newcomer taking over as County Judge, and I can understand some unease at it happening as part of a partisan wave. But I guess I’m just going to die mad about all the pearl-clutching over straight-ticket voting, which casts a whole lot of people as mindless automatons instead of individuals who made a choice. That choice in 2018 was to vote for change, and to vote against Donald Trump. One can admire Ed Emmett for his competence, his compassion, his deep concern for Harris County and its residents, and still disagree with him on principles and priorities, and want to see our county government move in a different direction. The sheer condescension in that first paragraph will never not annoy the crap out of me.

“I expect for some Texans it’s a little hard to take that a young Latina who earned her citizenship, as opposed to being born here, has the level of authority that she has,” one of her advisers, Tom Kolditz, told me. “She absorbs every criticism, she listens to every racial dog whistle, she puts up with ageist comments about what her abilities are or are not.”

[…]

Re-opening schools has emerged as another battleground. Hidalgo has taken a position that is consistent with her aggressiveness throughout the pandemic. On July 21, she ordered all school districts in Harris County to delay opening schools for in-person learning for at least eight weeks. Wearing a floral face mask at a recent press conference, her curly hair longer than normal due to the pandemic, she urged the community to work together “until we crush this curve.”

“Then, we can responsibly bring your kids back to school,” she said. “Right now, we continue to see severe and uncontrolled spread of the virus and it would be self-defeating to open schools.”

A familiar chorus of criticism from state and federal Republicans followed quickly. Rep. Crenshaw, among others, has beat the drum that schools must open. And a week after Hidalgo’s announcement, the Texas attorney general said that local health authorities can’t close schools to preemptively prevent the spread of Covid-19. The Texas Education Agency, which oversees public education in the state, announced it wouldn’t fund schools that closed under such orders.

Kolditz, Hidalgo’s adviser and a retired Army brigadier general, has framed the pandemic like a war that can’t be won without a common objective and unity. When Hidalgo was empowered to call the shots in Harris County the pandemic was relatively under control, he said. Since Abbott undermined that, “it’s been a disaster.”

“We’re going to wake up from this pandemic and be stunned by how many lives were wasted by bad leader decisions, and she is not a part of that,” he said.

Hidalgo has largely tried to avoid making the pandemic into a political fight, but she is not naïve about the political implications of every decision. “If we do the best we can and, politically, that wasn’t appropriate for people and I’m not re-elected in two years, I’ll be disappointed, but I’ll be able to sleep at night.”

I mean, we could listen to the person who’s been consistently right, or we could listen to the people who have been consistently wrong. Seems like a clear choice to me, but what do I know?

Wait, there’s a Census going on?

I smack my forehead so hard.

Through a small notice tucked into the state’s business register, Texas appears to have acknowledged that the 2020 census count is going badly.

With just a month of counting to go in the crucial decennial census, the self-response rate for Texas households has barely topped 60%. As census workers have followed up in person with households that haven’t responded, the share of households accounted for has risen to 79.5% — but Texas is still far behind several other states and several percentage points behind the national average.

On Aug. 26, the Texas secretary of state’s office quietly put out word that it has up to $15 million to spend on an advertising campaign intended to urge residents to get themselves counted. The effort — which Texas will pay for by dipping into federal dollars meant to address the coronavirus pandemic — amounts to a last-minute about-face by the state, whose Republican leadership had previously shot down any significant state funding for efforts to avoid an undercount.

The urgency the state is feeling a month out from the census deadline is apparent in the timeline of its request for proposals for a broadcast, print and digital campaign to “educate Texans on the significance and value of participating in the 2020 Census” and drive up response rates. The notice was posted last week, and bids are due by Wednesday. The contract is projected to begin two days later. Counting for the census is set to end Sept. 30.

The latest census figures showed that households in urban, Democratic-leaning areas of Texas had filled out the census online, by phone or by mail at higher rates than those in more rural, Republican-controlled areas and South Texas communities. The U.S. Census Bureau’s door-to-door campaign to follow up with households that did not self respond to the census is ongoing.

Wait, you’re telling me that the deliberate choice made by the Republican leadership to not give a dime to Census outreach efforts may actually be coming back to hurt them politically? That’s a plot twist I hadn’t anticipated. Now it all makes some sense – if it was only Dems that were in danger of being screwed, for sure they wouldn’t care now.

The state’s sudden pursuit of a multi-million advertising campaign to promote the count comes more than a year after it left local governments, nonprofits and even churches to fill the organization void in chasing an accurate count.

“It’s frustrating that we’re doing this at the last minute,” said Luis Figueroa, the legislative and policy director for Every Texan, a left-leaning think tank previously known as the Center for Public Policy Priorities that has been at the forefront of census efforts in the state. “We hope there is enough time for it to be meaningful and effective. There’s an adage about ‘better late than never,’ but there is also ‘a day late and a penny short’.”

[…]

If enough Texans are missed in the count, it would jeopardize the three additional seats in Congress the state was expected to gain after this census.

Even as other states put millions of dollars to mount census campaigns, Texas lawmakers during last year’s legislative session declined to put additional state dollars toward the census, rejecting proposals by Democratic lawmakers to create a statewide outreach committee and set aside millions of dollars in grants for local outreach efforts.

Already without state funds, the local canvassing and outreach efforts were derailed by the coronavirus pandemic. Then, the U.S. Census Bureau announced it was cutting moving up the deadline for responding up by a month. Combined with the strain on outreach efforts brought on by the pandemic, the earlier deadline has heightened the risks that Texas will be undercounted and that some Texans, particularly those who are low-income or Hispanic, will be missed in the count as the pandemic continues to ravage their communities.

“Republicans had an opportunity to address this. They refused to do this, and now the secretary of state is in the fourth quarter of the game, in the final seconds, trying to throw a hail mary, and it ain’t going to work,” said state Rep. César Blanco, an El Paso Democrat who had unsuccessfully pursued state dollars for the census. “This is an embarrassment.”

See here for more on that earlier deadline, which is now even earlier than before thanks to continued malfeasance from the federal government. This was a deliberate choice by our Republican state leaders. We will pay the price for that choice for the next ten years.

Dan Patrick’s Confederate posturing

Whatever else you can say about Dan Patrick, he’s always on brand.

n response to a letter by Democratic state senators urging the removal of Confederate monuments and symbols at the Texas Capitol, Lt. Gov. Dan Patrick blamed Democrats on Monday for past discrimination in the state and said the party is not committed to a “sincere” or “serious conversation” about the future of the monuments.

He did not directly answer whether he supported removing the symbols.

“If you are truly sincere about a serious discussion, then you need to openly examine the role Democrats have played in our state’s history on this issue,” Patrick wrote in a letter to the Democrats. “It is time to be transparent. A first step in addressing these issues is for Democrats to acknowledge that it was your party who carried out those past discriminatory policies and injustices and who built those monuments and hung those paintings.”

That kind of rhetoric has become common in the era of President Donald Trump, but it ignores the history of how in Texas and the rest of the South, many conservative Democrats switched parties after their former party embraced civil rights legislation. Texas was dominated by white, conservative Democrats for the first three quarters of the 20th century, a time during which the state passed numerous racist laws that enforced or promoted segregation and violated the rights of Texans of color.

But Republicans have been in near-complete control of the Texas government this century, and in that time have passed multiple voting measures found by federal courts to have intentionally discriminated against people of color.

In the last decade alone, federal courts have repeatedly scolded the Legislature under Republican leadership for discriminating against voters of color in redrawing political maps that undermined the political clout of Hispanic and Black voters and in passing one of the strictest voter ID laws in the country that disproportionately burdened voters of color who were less likely to have the identification the state required people to show at the polls.

At the start of the most recent legislative session, about 80% of Democrats in the Texas Legislature were people of color, compared with about 4% of Republicans.

You can see a copy of the letter, which was sent on August 12, here. As the story notes, there’s a select Senate committee that had been named by Patrick to review artwork in the Senate chambers, but for a variety of reasons it has not yet had a meeting. Clearly, that is not a priority on Patrick’s part, given his response to this gentle prodding. It was just last year that a Confederate plaque was removed from the Capitol following several years of lobbying by mostly Black legislators, so we know this can be done. On the other hand, the Senate that same year passed a bill that would have made it much harder for Confederate monuments to be removed; that bill thankfully never passed the House. Again, it’s clear what Dan Patrick cares about here. The ironic thing is that if he really wanted to stick it to the Democrats of fifty or a hundred years ago – the ones he blames for the presence of these monuments in the first place – he could work to remove those monuments that he claims are such a part of their legacy. I’m sure you can guess why he’s not interested in that.

So, as with the plaque in the Capitol, it’s going to take some work to get this done. Most likely, the removal of Dan Patrick from the Senate chambers as well will be a prerequisite. Be that as it may, let me close by applauding the Trib for putting Patrick’s bullshit in its proper context. A little truth can go a long way.

Wait, you can’t cut that spending!

This is the sort of thing you come up with when you’re out of other ideas.

Property tax revenue would be on the line for cities that choose to defund their police departments under a new legislative proposal pitched Tuesday by Gov. Greg Abbott, Lt. Gov. Dan Patrick and House Speaker Dennis Bonnen.

“Any city that defunds police departments will have its property tax revenue frozen at the current level,” Abbott said, flanked by the other two Republican members of the “Big Three” in Texas state government. “They will never be able to increase property tax revenue again if they defund police.”

The proposal comes after the city of Austin last week unanimously voted to cut at least $20 million from the city’s police budget and earmarked an additional $130 million to potentially be reallocated to other departments. The Austin Police Department, with over 2,600 sworn law enforcement and support personnel, has had an annual budget of more than $400 million for the past two years.

[…]

It’s unclear how the legislation will define defunding police; Abbott, Patrick and Bonnen did not respond to questions requesting clarification. In Austin’s case, most funds will stay within city coffers but will address different needs.

Yeah, I’ll bet. This was the equivalent of the three of them ripping open their shirts and shouting “HULK SMASH!”, and it should be taken as such. Here’s what Scott Henson had to say.

Grits finds this bizarre on several levels. First, I thought conservatives believed revenue caps were a good thing, not a sanction applied to liberal cities for doing something they don’t like.

Indeed, I’m old enough to remember when conservatives favored less spending and smaller government. Now the governor wants to punish cities that reduce spending. We’ve passed all the way through the looking glass, it seems.

Austin cut its police budget by less than five percent. By contrast, Gov. Abbott, the Lt. Governor and the House Speaker recently told state agencies they all must cut their budgets by 5% because of declining tax revenue in the COVID era. Isn’t what’s good for the goose good for the gander?

Finally, cities around the state face budget shortfalls because of COVID combined with revenue caps the Legislature already approved. “Austin bashing” is one thing – folks in the capital city have come to expect that – but are you really going to punish every small town that must cut its police budget because tax revenue declined thanks to the virus?

Ten years ago, Texas Republicans were all about “less government” and “local control.” Now Abbott wants to micromanage municipal budgets to keep spending high. This debate is becoming downright surreal.

That’s one word for it. If you read that second link, you’ll find that most of what Austin did was move some functions out of the Police Department, thus requiring less money to be budgeted in that way, and deferred a cadet class until they revamp their training curriculum. That will likely have the effect of reducing headcount a bit in the short term through attrition, as they cut positions that are currently unfilled. It’s the most basic thing cities do, and they do it with other departments all the time.

But hey, it’s Austin, and thus Something Must Be Done, because [insert primal scream here]. I’m sure if Abbott proposed having the state fund the Austin Police Department as a way of ensuring that it never goes without ever again, Austin City Council would be willing to listen. Until then, my advice is for Abbott to resign his current position and run for Mayor of Austin. It’s clear that’s the job he really wants. The Current has more.

The state deficit is quantified

Honestly, it’s not as bad as it could be.

Texas Comptroller Glenn Hegar delivered bleak but unsurprising news Monday: Because of the economic fallout triggered by the coronavirus pandemic, the amount of general revenue available for the state’s current two-year budget is projected to be roughly $11.5 billion less than originally estimated. That puts the state on track to end the biennium, which runs through August 2021, with a deficit of nearly $4.6 billion, Hegar said.

Those figures are a significant downward revision from Hegar’s last revenue estimate in October 2019, when the comptroller said the state would have over $121 billion to spend on its current budget and end the biennium with a surplus of nearly $2.9 billion. The state, Hegar said, will now have roughly $110 billion to work with for the current budget.

Hegar’s latest estimate, he stressed in a letter to Gov. Greg Abbott and other state leaders, carries “an unprecedented amount of uncertainty” and could change drastically in the coming months, thanks to the pandemic and, to a lesser extent, a recent drop in oil prices.

“We have had to make assumptions about the economic impact of COVID-19, the duration and effects of which remain largely unknown,” Hegar wrote. “Our forecast assumes restrictions [on businesses and people] will be lifted before the end of this calendar year, but that economic activity will not return to pre-pandemic levels by the end of this biennium.”

Returning to pre-pandemic levels, Hegar said, would not happen until consumers and businesses are confident that the virus has been controlled.

“Even then,” he wrote, “it likely will take some time to recover from the economic damage done by the deep recession caused by the virus.”

I mean, it’s not great, but this much deficit could be easily covered by the Rainy Day Fund, and there is still the likelihood that Congress will send some more relief money to the states. A lot can happen between now and when the Lege has to actually write and pass a budget, and some of those things are good. Of course, pretty much all of those good things are predicated on getting the virus under control, and let’s just say that’s a jump ball at best. As you might expect, Dan Patrick gets this exactly backwards, so, you know. But look, it’s pretty basic. If we can get the virus under control, we can get the economy going in a safe and productive fashion. Otherwise, it’s more of what we’re getting now. Seems simple, right? I hope our leaders see it that way, because we’re at their mercy.

We still need that equality bill in the Lege

That SCOTUS ruling was huge, but there’s still a lot of work to be done.

LGBTQ Texans marked a major victory Monday when the U.S. Supreme Court ruled that federal civil rights law prevents employment discrimination on the basis of sexual orientation or gender identity. But in Texas, which did not have such workplace safeguards, LGBTQ lawmakers and advocates say they are far from done fighting for other essential protections.

Employment discrimination protections, they say, are necessary but not sufficient for advancing the equal treatment of LGBTQ Texans. Thanks to Monday’s ruling, Texans can no longer be fired for their sexual orientation or gender identity, but there is no state law explicitly preventing landlords from refusing to rent homes to LGBTQ Texans, for example.

Members of the Texas House LGBTQ Caucus are setting their sights on a comprehensive set of nondiscrimination protections that would codify the employment protections in state law, as well as guarantee LGBTQ Texans equal access to housing, health care and other public accomodations.

It will not be an easy bill to pass.

[…]

“We can’t look at this as being a partisan or political issue — it’s a human issue,” said Democratic state Rep. Jessica González, vice chair of the LGBTQ Caucus. “And in order to create a change in mind, you need to create a change in heart.”

González announced in May that she would spearhead the fight for a comprehensive nondiscrimination bill during the next regular legislative session in 2021 with Republican state Reps. Sarah Davis of West University Place and Todd Hunter of Corpus Christi.

“We rolled it out early to start the conversation,” González said.

In pushing for comprehensive nondiscrimination protections, LGBTQ lawmakers and their allies are also making an economic case. Big businesses like Amazon and Google have been major advocates for LGBTQ Texans over the last few years, telling lawmakers that to attract the best talent to their Texas offices, they need to guarantee workers equal rights in their communities.

“It is the business community’s voice that has been one of the loudest and strongest advocates for the LGBT community over the years,” said Tina Cannon, executive director of the Austin LGBT Chamber of Commerce.

Still, advocates have acknowledged that Monday’s ruling, while exhilirating the LGBTQ community, may also stir up opposition.

“I do think this is going to galvanize the folks who don’t want us to be at the same level,” Shelly Skeen, a senior attorney with the LGBTQ rights group Lambda Legal, said during a virtual briefing after Monday’s ruling. “So we got even more work to do, but I think we got some great momentum behind us.”

LGBTQ Caucus members have already made major progress since 2017, when LGBTQ advocates spent much of the legislative session playing defense as they fought back a controversial “bathroom bill” that would have limited transgender Texans’ access to certain public spaces. It was championed by Lt. Gov. Dan Patrick and hardline conservative groups.

See here for more on that SCOTUS ruling, and here for more on the equality bill. Dems taking the House is probably the only path to this bill making it out of the lower chamber, where it will never get a hearing in the Senate. The best we can do is get everyone on the record, and fight like hell to elect more Democratic Senators in 2022, as well as un-electing Dan Patrick and Ken Paxton, by far the two biggest obstacles to getting a real equality bill enacted. Yeah, I’ve got Paxton there ahead of Greg Abbott, who I could sort of maybe imagine going with the flow if he gets enough pressure from business and the wingnut fringe has been somewhat neutered. Electing some Democrats to the State Supreme Court would also help, and that we can do this year as well. The things to remember are 1) this is going to take more than one session; 2) the more elections we win, the closer we will be able to get; and 3) we cannot ease up, not even a little, because it will always be possible to go backwards. Eyes on the prize, and get people elected to do the job. That’s what it is going to take.

UT-Tyler/DMN: Biden 48, Trump 43

Holy mackeral.

Former Vice President Joe Biden has built a 5-point lead over President Donald Trump in Texas, as unease over Trump’s handling of coronavirus mounts, a new Dallas Morning News-University of Texas Tyler poll has found.

If the general election were held today, Biden would carry Texas, with 46% of the vote to Trump’s 41%. 14% were undecided or named someone else.

Biden’s lead, which comes after he and Trump were tied 43%-43% in The News and UT-Tyler’s April survey, is significant, if barely: The poll, conducted June 29-July 7, has a margin of error of plus or minus 2.24 percentage points.

The story behind Biden’s slight bulge is the softening of the Republican incumbent’s support among independents and “weak partisans,” said Kenneth Bryant Jr., a UT-Tyler political scientist who helped design the poll. “While President Trump has and still enjoys near universal approval from Republicans, and overwhelming disfavor from Democrats, he has lost considerable ground among the folks in the middle, who may ultimately decide who wins Texas in November,” Bryant said.

Up to now, though, the Biden campaign has done little to demonstrate it’ll make a major effort before the Nov. 3 general election in Texas. The state hasn’t voted for a Democrat in a presidential election since Jimmy Carter carried the state in 1976.

The poll, the fourth of six tracking the 2020 election and current events by The News and the UT-Tyler Center for Public Opinion, also showed some movement, though not enough to be significant, by long-time Dallas state Sen. Royce West in Tuesday’s runoff for the Democratic nomination for U.S. Senate.

Purple Heart winner and political neophyte MJ Hegar of Round Rock, who has a big financial edge as well as late-hour help in the form of a TV ad blitz by the Democratic Senatorial Campaign Committee and EMILY’s List, leads West, 32% to 20%, among Democrats and independents who lean Democratic, the poll found.

Since April, when Hegar led West, 32% to 16%, he’s closed the deficit with Hegar among women and college-educated voters to single digits. For Democratic voters, the poll’s margin of error was plus or minus 3.27 percentage points.

Neither Democrat gained much traction from the April survey as their party’s November standard bearer against three-term GOP incumbent Sen. John Cornyn: If the general election were held today, Cornyn would win a plurality of 37% against Hegar’s 26%, with 31% undecided, the latest poll found. Against West, Cornyn’s plurality would be slightly larger: 37% to West’s 25%, with 32% undecided.

The numbers in the headline of this post are different than the numbers cited in the story because the poll presented two results, one for registered voters and one for likely voters. Among registered voters (sample size 1,909), Biden leads 46-41. Among likely voters (sample size 1,677), it’s Biden 48-43 over Trump, as the headline notes. You can see both listed on the FiveThirtyEight page for Texas, though only the RV sample is given on the UT-Tyler PoliSci homepage.

As noted, in the April poll, Biden and Trump were tied at 43. (They finally have the RV sample for that poll published.) The funny thing is, if you look at the breakdown in each sample, the reason for the shift isn’t quite as pollster Kenneth Bryant puts it. In April, Biden led among Dems 84-6 and among indies 43-28, while Trump led among Republicans 87-5. In June, Biden led among Dems in the RV sample 87-4 and among indies 44-28, while Trump led among Republicans 87-9. In other words, Biden did a smidge better among Dems and Trump slipped a tiny bit among Republicans while indies were static. In the LV sample, however, Biden’s lead among indies jumped to 53-29, while the other numbers were the same. Indies were a bigger portion of the RV sample than the LV sample, so the larger shift was muted a bit by the larger partisan subgroups. My point here is that Biden’s advantage came from a bit of movement in all three subsamples.

As for the Senate race, I wouldn’t put too much stock in the numbers for now, as there are a lot of undecided voters in these samples – 33-34% of Dems in the RV sample, 24% of Republicans, and 41 or 43% of indies, with Hegar being the former numbers. (I went with the RV numbers here instead of the LV numbers because the LV numbers in the Hegar-Cornyn race are messed up.) That said, Cornyn draws more Dem support (13%) than Trump does without giving up more Republican support, so it’s not unreasonable to think Cornyn could run ahead of Trump. It’s too early to say on that score, but we’ll keep an eye on this once we have a single opponent for Cornyn. Hegar’s lead over West among Dem voters is a bit less now, but primary runoff polling is super tricky, so let’s not spend too much time on that, either.

One more number of interest, for the question “If the general election were today, would you vote for the Democratic or Republican candidate for the Texas State House?” – Democratic 52, Republican 48 in the RV sample, 52-47 in the LV sample. This is one point up for Dems and down for Republicans since April. Other polls generally don’t ask this kind of question so it’s hard to evaluate it as is, but there you have it anyway.

Finally, the approval numbers, which I’ll take from the RV sample. General approval:

Trump – 42 approve, 50 disapprove (42% disapprove strongly)
Greg Abbott – 54 approve, 31 disapprove
Dan Patrick – 37 approve, 37 disapprove

“Handling coronavirus” approval:

Trump – 38 approve, 52 disapprove (44% disapprove strongly)
Abbott – 48 approve, 40 disapprove
“Local leaders” (Mayors and County Judges) – 62 approve, 23 disapprove

Still good numbers for Greg Abbott, though softer on coronavirus. Clearly, everyone knows who’s doing the real work, though.

Believe it or not, there’s another poll out there, not quite as good for Biden but still strong. I’ll have that for tomorrow. And the eleven-poll average, using RV numbers from this poll to be consistent, is Trump 46.0, Biden 44.6, for a 1.4 point difference between the two. Pretty amazing, no?

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.)

City cancels Republican convention

Game on.

Mayor Sylvester Turner

Mayor Sylvester Turner announced on Wednesday that the city has canceled the Texas Republican Party’s in-person state convention in downtown Houston next week.

Houston First, the public nonprofit that serves as the city’s convention arm, sent a letter to the party’s executive committee notifying it that the convention has been canceled.

The letter triggers a part of the contract called a “force majeure” clause, which allows one side to cancel for an occurrence out of its control. The definition included “epidemics in the City of Houston,” according to the Houston First letter.

Earlier Wednesday, Texas Republican Party officials said they were preparing for a legal fight after Turner said the Houston First and the city attorney’s office would review its contract with the party for using the George R. Brown Convention Center for the convention July 16-18.

Turner said he sought the review after Dr. David Persse, the city’s health authority, called the planned convention “a clear and present danger.”

The mayor had been hesitant to leverage his authority to cancel the convention out of fear of politicizing it, and he repeatedly had asked the party to meet virtually instead. He said Wednesday’s decision was prompted by rising numbers and an alarming letter from Persse, who reports to the mayor, outlining the danger of moving forward.

“It is a letter that as the mayor of Houston, that I simply cannot ignore or overlook,” Turner said. “The plan is to exercise those provisions, to cancel this agreement today, to not go forward with this convention.”

Persse’s letter called the spike in Houston an “unparalleled and frightening escalation” since Memorial Day.

“Now, COVID-19 infections are three times greater than they were at the peak experienced earlier this spring,” Persse wrote to Turner and Brenda Bazan, the president of Houston First. “Houston is now among the the national epicenters of the current COVID-19 outbreaks.”

See here and here for the background, and here for the announcement on Twitter. Before anyone gets their Hot Take machines fired up, please note that Greg Abbott and Dan Patrick were going to give their speeches via video, because they apparently had better things to do than bathe in a viral stew for three days. The RPT says they are reviewing their legal options, and I’d bet a year’s supply of N95 masks that someone will file a lawsuit over this. The real question is whether they’ll be able to get an expedited hearing, something the TDP was not able to get from SCOTUS with their vote-by-mail lawsuit. Priorities, you know. Anyway, Republicans should look on the bright side, because they just got something they surely prefer to a dumb convention, namely the chance to play the victim at the hands of a mean old Democrat. All that and a lower chance of death by ventilator – it’s a total win-win. The Trib, the Chron editorial board, and the Press have more.

UPDATE: Right on schedule:

We’ll see if they try for a quick ruling that disallows the cancellation. My head is spinning already.

How Texas screwed it all up

That’s a more succinct headline for this story about how Texas went from having a low COVID-19 infection rate to one of the worst in the country. And the vast majority of the responsibility for this is on Greg Abbott.

In Houston, the largest medical campus in the world has exceeded its base intensive care capacity. In the Rio Grande Valley, elected officials pleaded this week for military intervention to avoid a “humanitarian crisis.” And in several major cities, testing sites are overrun, with appointments disappearing in minutes and hundreds waiting in line for hours.

Eight weeks ago, the White House lauded Texas as a model for containing the COVID-19 pandemic.

Now, Gov. Greg Abbott’s plan to reopen the economy has unraveled as the state struggles to contain one of the worst outbreaks in the country.

“We’re on the verge of a nightmarish catastrophe,” said Vivian Ho, a health economist at Rice University and the Baylor College of Medicine. “On May 1, I thought we actually had a chance to get this virus under control and get the economy opened up safely. I’m not sure we can get it under control anymore.”

Public health experts say the worst of the crisis was avoidable in Texas, where Abbott stripped local officials of the ability to manage their own outbreaks and until Thursday refused to mandate masks and other basic mitigation practices. The governor reopened before the state could adequately monitor the virus, health experts said, then ignored signs in late May that infections were beginning to run rampant.

“That is the point at which you say hang on a sec, we’re staying where we are, and are probably taking a step back to understand the scale of the problem here,” said Bill Hanage, an associate professor of epidemiology at Harvard’s T.H. Chan School of Public Health.

Without the tools in place to test quickly for infections and track those exposed, authorities believe the state was left blinded as the virus spread among younger Texans, who are less likely to develop symptoms.

Spokesmen for Abbott and state Health Commissioner Dr. John Hellerstadt did not respond to requests for comment. Asked at a televised town hall Thursday why he had not mandated masks sooner, the governor said the “data was only recently bad.”

“It was only in the past couple of weeks that we saw this spike in people testing positive,” Abbott said.

[…]

On April 27, Abbott said he would reopen the state in phases based on data and guidance from medical professionals, pledging not to simply “open up and hope for the best.”

His advisers laid out four criteria to guide the reopening: a two-week reduction in cases, hospital capacity for all patients, the ability to to conduct 30,000 daily viral tests and hire 4,000 contact tracers.

Abbott, however, did not commit to following them. Only in mid-June would the state begin meeting its testing goal. It has yet to hire enough contact tracers or see a sustained drop in infections.

He said the plan was designed to be applied regionally, with lighter restrictions imposed in areas with few cases, then overruled officials from large counties who tried to enact more restrictive edicts.

Abbott punctuated that point by effectively gutting Harris County Judge Lina Hidalgo’s April 22 mask order when he stripped the ability of local governments to punish residents who violated such mandates.

Several prominent Republicans, including Lt. Gov. Dan Patrick and U.S. Rep. Dan Crenshaw, had condemned Hidalgo’s order and its potential $1,000 fine as an abuse of power. They have continued to argue that the severity of the virus is being embellished, and some have even questioned whether masks are effective at stopping it from spreading.

The mask debate — which took another turn Thursday when Abbott issued his own statewide mandate — has sent mixed messages that may have left residents with the impression that face coverings are unimportant, said Dr. Gregory Tasian, an associate professor at the University of Pennsylvania Perelman School of Medicine.

“Without a clear direction from the state level, some of those masking policies become much less effective,” Tasian said.

There’s more, but you get the idea. I’ve said this before and I’ll say it again, Abbott never made any effort to meet those four metrics that he himself and his vaunted “Strike Force” laid out. (By the way, when was the last time you saw a news story about COVID-19 in Texas refer to the “Strike Force”?) Each time he relaxed another part of the previous restrictions in order to push reopening further, I pointed out that we had no plan and no reason to proceed as if everything was going to plan. All we had was hope and distraction, and look where that has gotten us. The extremely “mixed messages” (to put it lightly) about masking and social distancing was another huge problem, one that also didn’t have to happen. I get that Abbott felt pressure from Donald Trump and from the screaming howler monkeys of our state like Dan Patrick, but for Christ’s sake he’s the Governor, he’s got a gazillion dollars in his campaign treasury and by far the highest approval ratings of anyone in the state, and it’s his fucking job to be a leader. He failed at that at every step of the way.

What’s even more appalling is that he already had a model that was working for him, and that was to get out of the way of the local leaders, who were uniformly ahead of him on all the mitigation steps we first took back in March. It would have been perfectly consistent with his stated belief that some parts of the state needed more restrictions than others to let Lina Hidalgo and the other county judges impose face mask orders and keep a tighter rein on businesses as they saw fit. I believe it would have been politically expedient for him as well, since the raging assholes would have aimed all their fury and lawsuits at them instead of at him. It was when he caved in the most cowardly way possible to Shelley Luther, who was being held accountable to HIS OWN EXECUTIVE ORDER by a Dallas County judge that we all should have known what was coming next. Sure is funny how the cries for “law and order” get silenced when it’s a white suburbanite being taken to court.

I also want to note the bit in this story about nobody on Team Abbott responding to requests for comment. Another hallmark of this crisis, which has been a recurring theme of the Abbott reign in general, has been the way he operates in a closed and non-transparent fashion. He does the things he does, on his own and in consultation with no one outside his bubble, with no mechanism for feedback or consideration of other perspectives. I can’t help but think that this style has not done him any favors lately, and I expect it will result in a Legislature that doesn’t feel much need to defer to him or his priorities in 2021, and that’s even if the Republicans manage to hang onto the House. And, as some people have speculated, he could be headed for a challenge from the right in the 2022 primary. I doubt that my own preferences here would do anything to dissuade such a challenger. But a better outcome from the pandemic might go a long way towards shoring up his political position.

So here we are, and as bad as things are right now, they are certain to get worse in the short term, because that’s the way this virus operates. If we’re very lucky, the mask order and mild dialing back of reopening might make things be less bad. But it’s going to be bad. And it didn’t have to be. It’s Greg Abbott’s fault that it is.

Abbott finally issues a mask order

Better late than never, but it’s pretty damn late.

Gov. Greg Abbott issued a nearly statewide mask mandate Thursday as Texas scrambles to get its coronavirus surge under control.

The order requires Texans living in counties with 20 or more positive COVID-19 cases to wear a face covering over the nose and mouth while inside a business or other building open to the public, as well as outdoor public spaces, whenever social distancing is not possible. But it provides several exceptions, including children who are younger than 10 years old, people who have a medical condition that prevents them from wearing a mask, people who are eating or drinking and people who are exercising outdoors.

The mask order goes into effect at 12:01 p.m. Friday.

The order represents a remarkable turnaround for Abbott, who has long resisted such a statewide mask requirement, even as the coronavirus situation has gotten worse than ever over the past couple weeks in Texas. When he began allowing Texas businesses to reopen this spring, Abbott prohibited local governments from punishing people who do not wear masks. As cases began to rise earlier this month, he clarified that cities and counties could order businesses to mandate customers wear masks.

In recent days, though, Abbott had held firm against going further than that, saying he did not want to impose a statewide requirement that may burden parts of the state that are not as badly affected by the outbreak.

Abbott on Thursday also banned certain outdoor gatherings of over 10 people unless local officials approve. He had previously set the threshold at over 100 people. The new prohibition also goes into effect Friday afternoon.

[…]

Abbott’s announcement came a day after the number of new daily cases in Texas, as well as hospitalizations, reached new highs again. There were 8,076 new cases Wednesday, over 1,000 cases more than the record that was set the prior day.

Hospitalizations hit 6,904, the third straight day setting a new record. The state says 12,894 beds are still available, as well as 1,322 ICU beds.

Abbott has been particularly worried about the positivity rate, or the share of tests that come back positive. That rate, presented by the state as a seven-day average, has jumped above its previous high of about 14% in recent days, ticking down to 13.58% on Tuesday. That is still above the 10% threshold that Abbott has long said would be cause for alarm amid the reopening process.

First-time offenders of Abbott’s order will receive a written or verbal warning. Those who violate the order a second time will receive a fine of up to $250. Every subsequent violation is punishable also by a fine of up to $250. The order specifies that no one can get jail time for a violation.

Remember that PolicyLab projection from May that said Harris County would go from 200 cases a day to over 2,000 by now? Thankfully, we’re still not close to that – the ReadyHarris dashboard has mostly shown us in the 600 to 800 cases per day range recently, though I suspect there’s some lag in the data because there’s no reason why this week would be lower than the two previous weeks. Point being, we most certainly could have seen this coming, and we could have done a lot to protect ourselves before this happened. You know, like having mask orders in place all along, and letting local governments have more leeway to control crowd sizes. Note here that Abbott’s order targets outdoor gatherings, but not indoor gatherings. You know, like this one. I don’t understand the logic here, but whatever.

The real question is after all this time and all that bullshit from Republicans like Dan Patrick, how much resistance do you think there will be to this new order? Like, remember when Dan Patrick called Judge Hidalgo’s mask order “the ultimate government overreach”? Also, too, Jared Woodfill and Steven Hotze are suing to basically stop emergency orders, and had previously sued to stop Judge Hidalgo’s mask order, before Abbott overruled it himself. Our state has plenty of people who will perform their rage over being asked to take the health and well-being of their neighbors into consideration. I’m curious, and more than a little afraid, to see how that segment of our population reacts to this. The Current, the Press, and the Dallas Observer have more.

UPDATE: My God, but Dan Crenshaw is a hack.

How it’s going at the hospitals

In a word, it’s bad.

At Lyndon B. Johnson Hospital on Sunday, the medical staff ran out of both space for new coronavirus patients and a key drug needed to treat them. With no open beds at the public hospital, a dozen COVID-19 patients who were in need of intensive care were stuck in the emergency room, awaiting transfers to other Houston area hospitals, according to a note sent to the staff and shared with reporters.

A day later, the top physician executive at the Houston Methodist hospital system wrote to staff members warning that its coronavirus caseload was surging: “It has become necessary to consider delaying more surgical services to create further capacity for COVID-19 patients,” Dr. Robert Phillips said in the note, an abrupt turn from three days earlier, when the hospital system sent a note to thousands of patients, inviting them to keep their surgical appointments.

And at The University of Texas MD Anderson Cancer Center, staff members were alerted recently that the hospital would soon begin taking in cancer patients with COVID-19 from the city’s overburdened public hospital system, a highly unusual move for the specialty hospital.

These internal messages highlight the growing strain that the coronavirus crisis is putting on hospital systems in the Houston region, where the number of patients hospitalized with COVID-19 has nearly quadrupled since Memorial Day. As of Tuesday, more than 3,000 people were hospitalized for the coronavirus in the region, including nearly 800 in intensive care.

“To tell you the truth, what worries me is not this week, where we’re still kind of handling it,” said Roberta Schwartz, Houston Methodist’s chief innovation officer, who’s been helping lead the system’s efforts to expand beds for COVID-19 patents. “I’m really worried about next week.”

What’s happening in Houston draws eerie parallels to New York City in late March, when every day brought steep increases in the number of patients seeking care at overburdened hospitals — though, so far, with far fewer deaths. But as coronavirus cases surge in Texas, state officials here have not reimplemented the same lockdown measures that experts say helped bring New York’s outbreak under control, raising concern among public health officials that Houston won’t be able to flatten the curve.

“The time to act and time to be alarmed is not when you’ve hit capacity, but it’s much earlier when you start to see hospitalizations increase at a very fast rate,” said Lauren Ancel Meyers, a professor of integrative biology who leads the University of Texas at Austin COVID-19 Modeling Consortium. “It is definitely time to take some kind of action. It is time to be alarmed.”

[…]

Although hospital executives in Houston stress that they have the ability to add additional intensive care beds in the region to meet the growing demand — for a few more weeks, at least — the strain on hospitals is already being felt in other ways.

Houston Fire Chief Samuel Peña said his paramedics sometimes have to wait for more than an hour while emergency room workers scramble to find beds and staffers to care for patients brought in by ambulance — a bottleneck that’s tying up emergency medical service resources and slowing emergency response times across the region.

Part of the problem, Peña said, is that when his crews arrive at a hospital with a patient suspected of having COVID-19, the hospital may have a physical bed open for them, but not enough nurses or doctors to staff it. That’s a problem that’s likely to deepen as a growing number of medical workers have been testing positive for the virus, according to internal hospital reports. Just as New York hospitals did four months ago, some Houston hospitals have posted on traveling nurse websites seeking nurses for “crisis response jobs.”

“If they don’t have the nursing staff, then you can’t place the patient,” Peña said. “Then our crews have to sit with the patient in the ER until something comes open. It has a huge domino effect.”

There’s more, so read the rest. If you’re thinking that the death rate is low and that that’s a small blessing, that is true, but it’s also a bit illusory. For one thing, the sheer number of deaths will increase as the infection rate rises, not all deaths for which COVID-19 is a factor are recorded as COVID-19 deaths, and it is already the case that people are avoiding going to the hospital now for other reasons because of COVID-19, and that some of them will also die as a result. The official death count numbers have always been underestimated, and there’s no good way to spin it. Even if we were to go into total lockdown right now, we won’t begin to see the positive effects of that for another two weeks. We really need masking and better social distancing to have an effect or it’s going to get much worse. Oh, and the Texas Medical Center is above 100% ICU capacity. So we’ve got that going for us.

And as you ponder all that, ponder also this.

Despite Texas’ surge of new COVID-19 cases and hospitalizations, Lt. Gov. Dan Patrick said Tuesday evening that he doesn’t need the advice of the nation’s top infectious disease doctor, Anthony Fauci.

“Fauci said today he’s concerned about states like Texas that ‘skipped over’ certain things. He doesn’t know what he’s talking about,” Patrick told Fox News host Laura Ingraham in an interview. “We haven’t skipped over anything. The only thing I’m skipping over is listening to him.”

Patrick also said Fauci has “been wrong every time on every issue,” but did not elaborate on specifics.

Dan Patrick does not care if you live or die. You and everyone you know mean nothing to him.

Put a pause on that reopening

At this point, we had no other choice.

Gov. Greg Abbott on Friday took his most drastic action yet to respond to the post-reopening coronavirus surge in Texas, shutting bars back down and scaling back restaurant capacity to 50%.

He also shut down river-rafting trips and banned outdoor gatherings of over 100 people unless local officials approve.

“At this time, it is clear that the rise in cases is largely driven by certain types of activities, including Texans congregating in bars,” Abbott said in a news release. “The actions in this executive order are essential to our mission to swiftly contain this virus and protect public health.”

Bars most close at noon Friday, and the reduction in restaurant capacity takes effect Monday. Before Abbott’s announcement Friday, bars were able to operate at 50% capacity and restaurants at 75% capacity.

As for outdoor gatherings, Abbott’s decision Friday represents his second adjustment in that category this week. Abbott on Tuesday gave local governments the choice to place restrictions on outdoor gatherings of over 100 people after previously setting the threshold at over 500 people. Now outdoor gatherings of over 100 people are prohibited unless local officials explicitly approve of them.

Abbott’s actions Friday were his first significant moves to reverse the reopening process that he has led since late April. He said Monday that shutting down the state again is a last resort, but the situation has been worsening quickly.

I can’t emphasize enough that none of this had to happen. Greg Abbott laid out four metrics for reopening when he first lifted the statewide stay-at-home order: Declining daily case rates, positive test percentages below a certain level (I forget what exactly, maybe seven percent), three thousand contact tracers hired by the state, and sufficient hospital capacity. None of the first three were ever met, even at the beginning, and the predictable result is that now the fourth one is no longer being met. We could have driven the reopening by the metrics, instead of saying “on this date we’ll roll back these things and allow these things to resume”, but we didn’t. Greg Abbott made that decision. What is happening now is on him.

And so, here in Harris County, where our leaders’ efforts to take this pandemic seriously were entirely undercut by Greg Abbott, we are paying the price.

Harris County Judge Lina Hidalgo on Friday moved the county to the worst threat level, calling for a return to the stay-at-home conditions of March and April, as COVID-19 hospitalizations continue to spike.

She also banned outdoor gatherings of more than 100 people in unincorporated Harris County, while urging mayors to do the same in their cities.

Hidalgo described in dire terms the danger the pandemic currently poses, and said the county is at greater risk than at any other time since the outbreak began here in March.

“Today we find ourselves careening toward a catastrophic and unsustainable situation,” Hidalgo said. “Our current hospitalization rate is on pace to overwhelm the hospitals in the near future.”

Her remarks were a rebuke of Gov. Greg Abbott’s phased reopening strategy, which she said allowed Texans to resume normal life before they were safe. They also contradicted the rosy picture Texas Medical Center executives painted a day earlier of the system’s ICU capacity.

Hidalgo unsuccessfully lobbied the governor this week for the power to issue more restrictions, her office confirmed. Abbott’s refusal to let local officials again issue mandatory stay-at-home orders leaves Harris County “with one hand tied behind our back,” she said.

[…]

Though she lacks the power to require compliance, Hidalgo implored all county residents to follow the same rules as her stay-at-home order in March and April. That means residents should stay home except for essential errands and appointments, work from home if possible, wear a mask in public and otherwise avoid contact with other people.

Only a collective change in behavior can reverse the accelerating trend of COVID here, Hidalgo said. The alternative, she warned, is grim.

“If we don’t act now, we’ll be in a crisis,” she said. “If we don’t stay home now, we’ll have to stay home when there are images of hospital beds in hallways.”

Hidalgo and Dr. Umair Shah, the county’s health director, offered no concrete timeline for how long restrictions would be needed. The county judge noted that in some other states, lockdowns of up to three months were needed to bring the virus under control.

A tripling of cases and hospitalizations since Memorial Day have placed intense pressure on state and local leaders to act. With Abbott’s blessing, Hidalgo and other local leaders have issued mandatory mask orders since last week, mandating businesses to require their customers wear facial coverings.

The governor effectively gutted Hidalgo’s original order requiring residents to wear masks at the end of April by preventing any punishments from being levied against violators. Enforcement never was the point, Hidalgo said Friday, but she blamed the governor for signaling to residents that mask-wearing was unimportant.

See here for the background. We can’t know what shape Harris County would be in now if Judge Hidalgo had been allowed to make her own decisions instead of being overruled by Abbott. But it’s hard to say we’d be any worse off than we are now.

Of course, some people still think it’s all sunshine and puppies up in here.

Texas Lt. Gov. Dan Patrick went on national television to declare Texas is not running out of intensive care hospital beds and to assure viewers that the state is “not stepping backward” in re-opening businesses.

Speaking on Fox News Channel on Thursday night, Patrick acknowledged new COVID-19 cases are increasing in Texas, but assured viewers it was expected.

“We have seen a spike in cases. We expected that,” Patrick said pointing to increased testing. “Our hospitalizations are up, but here’s the good news, the good news is we’re not seeing it translate to the ICU unit or into fatalities.”

You can read the rest if you want, but really, what you need to do is CLAP LOUDER!

There is one piece of good news:

The Trump administration reversed itself and extended support for testing sites in Texas on Friday.

The extension followed a public outcry after TPM revealed on Tuesday that federal help was set to end on June 30.

Health and Human Services Assistant Secretary Brett Giroir said in a statement that his agency would support five testing sites in Texas for two weeks longer than initially planned.

Sens. Ted Cruz (R-TX) and John Cornyn (R-TX) sent a letter to HHS Secretary Alex Azar on Thursday requesting an extension of support for the free, drive-through testing sites.

Local officials in Texas have spent weeks clamoring for the sites to be extended. The move comes as cases and hospitalizations in the state have skyrocketed, and as Gov. Greg Abbott (R) has paused the state’s reopening.

“Federal public health officials have been in continuous contact with our public health leaders in Texas, and after receiving yesterday’s request for an extension, have agreed to extend support for five Community-Based Testing Sites in Texas,” Giroir said in a statement. “We will continue to closely monitor COVID-19 diagnoses and assess the need for further federal support of these sites as we approach the extension date.”

See here for the background. It’s two weeks’ worth of good news, which isn’t enough but is better than nothing. Now let’s extend that out to infinity, or whenever we don’t need testing at scale, whichever comes first.

One more thing, just to hammer home the “it didn’t have to be this way” point:

Texas is also a wee bit larger than Taiwan, with less density and public transportation. They’re already playing baseball in Taiwan, have been for a few weeks now. I’m just saying.

From the “Live by the leaked audio, die by the leaked audio” department

Oh, the irony.

Two staffers for the hardline conservative group Empower Texans have been caught on an audio recording disparaging Gov. Greg Abbott with profanity and joking about his wheelchair use.

Upon the comments surfacing Friday morning, Abbott’s office and Lt. Gov. Dan Patrick denounced them and Empower Texans said the staffers were “suspended from all public activities with the organization immediately.”

The comments came on an unedited version of the group’s podcast, Texas Scorecard Radio, featuring Empower Texans’ vice president, Cary Cheshire, and general counsel, Tony McDonald. The audio was published — apparently inadvertently — Thursday. The unedited version was replaced with an edited episode later in the day.

After the show ends in the unedited version, McDonald and Cheshire laugh about references they made to Abbott that could be perceived as highlighting the fact he has used a wheelchair since being partially paralyzed in a 1984 accident.

“I feel like before there was a switch I could flip to avoid that, and I’m just so frustrated that I’ve flipped it off,” Cheshire says. “He’s such a revolting piece of shit.”

The two had been venting over Abbott’s recent comments allowing local officials to order businesses to require customers to wear masks amid the coronavirus pandemic. The governor’s approval of such policies came after a stretch of confusion over what exactly local officials could do to mandate regarding mask use under his statewide orders. In clarifying the statewide mask rules earlier this week, Abbott said Bexar County Judge Nelson Wolff had “finally figured” out what was allowed.

The sentiments by Cheshire and McDonald are not dissimilar from criticism of Abbott they have lodged publicly, though without profanity and reference to his disability. Empower Texans and some other hard-right activists have been generally critical of Abbott lately for ceding too much power to big-city Democratic leaders to fight the virus.

“It’s like, I have created this riddle for you and you have figured out how to fuck your citizens with it — ‘Great job, I’m with you,'” Cheshire says in the unedited podcast while talking about Abbott’s mask confusion. “And it’s like, you’re an awful piece of shit.”

McDonald adds that Abbott “created a shitty policy that’s vague because he wanted to avoid accountability.” As for Abbott’s eventual clarification that counties and cities can require businesses to mandate mask wearing, McDonald says, “Well, just like, fuckin’ say it. Don’t clown around. ‘You read between the lines.’ Well, fuck you.”

It was the Quorum Report that broke the story, though of course much of what they wrote is behind their paywall. You can hear the full audio here. Somewhere, I figure future ex-Speaker Dennis Bonnen is grimly enjoying a double Scotch and a cigarette.

Let’s make three points here. One of course is that lots of people, myself included, have criticized Abbott’s ridiculous “riddle me this” statement as well. He’s been doing his best to dodge accountability for his own actions, and non-actions, all along, and he deserves all the brickbats he’s gotten for it. The issue here, in addition to their awful ableist slurs, is that Empower Texans themselves, from their wingnut billionaire sugar daddy Tim Dunn to their loathsome leader Michael Quinn Sullivan on down to their staffers, are the epitome of shitty politics in Texas. (Note that while Sullivan made a typically pious statement about how “unacceptable” this was and how “heartbroken” it made him, moneybags Dunn has not said anything yet.) You don’t have to believe me about this. Go read what a former staffer had to say, or go have a look at some of Cary Cheshire’s tweets. These guys are the worst.

Two, they’re also huge supporters of many elected Republicans, including the likes of Dan Patrick, who did a little pearl clutching of his own. I’m sure he went right back to counting all the money he’s gotten from them in the past.

And on that note, credit where credit is due:

Pretty sure no one, least of all Dollar Bill Dan, will be handing their donations back to Empower Texans. The Chron has more.

SCOTUS delivers a win for equality

Quite a pleasant surprise.

In a major victory for gay and transgender workers in Texas and nationwide, the U.S. Supreme Court ruled Monday that federal civil rights law prohibits employers from discriminating against workers on the basis of their sexual orientation or transgender identity.

Texas is among a majority of states that do not offer explicit protections for LGBTQ communities in employment, housing or public spaces, though some of the state’s biggest cities have passed some protections. And the ruling carries particular weight in a state where proposals to expand those protections have historically been dead on arrival at the GOP-dominated Texas Legislature.

Jason Smith, a Fort Worth employment attorney who represented Stacy Bailey, a Mansfield ISD art teacher who was put on leave after showing students a photo of her wife, called the far-reaching ruling a pleasant surprise because it “covers everybody in the rainbow.” He had not dared hope for such a comprehensive opinion, he said.

“I can’t tell you how many phone calls we’ve had at our law office from LGBTQ folks who we had to tell the courts were going to turn their case out,” Smith said.

Now, he said, “we can do something for them.”

[…]

Many federal courts, including those in and governing Texas, had ruled that Title VII did not protect workers from discrimination on the basis of sexual orientation.

The state’s first LGBTQ Caucus, founded in 2019, announced earlier this summer that it has bipartisan support for a comprehensive non-discrimination law for LGBTQ Texans. Long a legislative push from some Democrats, that proposal has never gone far at the Capitol in Austin, facing particular resistance from Lt. Gov. Dan Patrick and the socially conservative Texas Senate.

Now the fight moves to the state Capitol, where lawmakers said they will fight for similar protections in housing and other spheres. Wesley Story, a communications associate for Progress Texas, said it’s time “to expand those protections to other areas including education, housing, and health care.”

“Equal protection for LGBTQ employees is now the land of the land!” tweeted state Rep. Erin Zwiener, D-Driftwood and a member of the LGBTQ Caucus. “I’ve never been more happy to strike a piece of legislation off my bill list for next session.”

Zwiener added that she looks forward to fighting for other protections not covered by Monday’s ruling, including in housing and other areas.

As noted in that tweet, while this ruling offers protections at the workplace, it does not address things like housing. Plus, federal lawsuits are expensive and time-consuming, and thus limited as a way to redress discrimination complaints. That was one of the rationales behind local anti-discrimination ordinances, and the reason why a statewide non-discrimination law is still necessary. This was a big step forward, but it’s hardly the end of the road.

Let’s also be clear that the opponents of equality, once they are done wailing and gnashing their teeth, are going to set about doing everything they can to limit the effect of this ruling. They’re still trying to minimize the Obergefell ruling, so you can be sure this one will be in their sights as well. As long as the likes of Dan Patrick and Ken Paxton hold power, there will be danger. Celebrate the win, but don’t let your guard down. Slate and the Chron have more.

A bipartisan equality bill

I appreciate the effort, but we can’t expect too much to come of this.

Five Democratic and two Republican state legislators announced plans Wednesday to file a bill next legislative session that would bar discrimination against LGBTQ Texans in housing, employment and public spaces.

The bill, which has the early support of state Reps. Sarah Davis, R-West University Place, and Todd Hunter, R-Corpus Christi, would extend protections based on sexual orientation and gender identity. There are 21 states that already have enacted such policies.

“Quite frankly, we are already behind the curve on this issue,” Davis said. “Nondiscrimination is not just good for LGBTQ community, but it’s good for all Texans.”

Lawmakers rolled out the bill during a virtual news conference where they touted an economic study that found a statewide nondiscrimination policy would generate $738 million in state revenue and $531 million in local government revenue next biennium. It also would add 180,000 new jobs in technology and tourism by 2025, the study found. The benefits, the authors said, largely would come from Texas’ greater ability to attract talent and heightened opportunity for tourism and conventions.

“We should want to treat people fairly because it’s the right thing to do, whether it has economic effects or not,” said Ray Perryman, a Waco-based economist who led the study. “This shouldn’t be the reason to do it, but it is a very important aspect of it in today’s society, and there are very significant economic costs associated with discrimination.”

The legislation likely will face strong headwinds in the Republican-controlled Senate. Lt. Gov. Dan Patrick, who presides over the upper chamber, prominently opposed a similar measure that was rejected by Houston voters in 2015, and later backed the so-called bathroom bill opposed by LGBTQ advocates that would have required people to use facilities matching the gender identity on their birth certificates.

The lawmakers largely dismissed political concerns Wednesday, arguing instead that their early push for the bill — more than seven months before the session is slated to begin — heightens their odds of passing it.

“I think a lot of this is going to take talking to our colleagues and explaining the results of this study,” said Rep. Jessica González, D-Dallas, a member of the House LGBTQ Caucus and author of the bill. “It’s going to take a lot of groundwork.”

[…]

The bill faces good odds of passing the lower chamber, where Democrats have gained ground and some Republicans have moderated their positions, said Brandon Rottinghaus, a political science professor at the University of Houston. He was less bullish on the bill’s chances in the Senate.

“It’s a different animal on that side of the chamber,” Rottinghaus said. “You do all the political calculations and it’s a tall order to get it passed. But, in some ways it’s a marker: these members see the future of Texas as one where the economy needs to be put front and center, and if that theory can get some grip among the members, then there’s hope for it in the future. But as it is now, it’s a pretty tough sell.”

That’s really about all there is to it. This bill may pass the House, but if so then Dan Patrick will stick it in a shredder, have the shredder blown up by the bomb squad, and then have the debris shipped to Oklahoma. We ain’t getting a bill like this passed while he’s Lite Guv, and that’s even before we consider getting it signed and then having it reasonably enforced by the Attorney General. It’s nice that there are two House Republicans willing to sign on to this – no, really, that is important and could very well matter if we oust Patrick in 2022 but still have a Republican-controlled Senate – but it will take either more of them than that to get this passed, or fewer Republicans in the House overall. I don’t know who our next Speaker will be, but I like the odds of this passing with a Democrat appointing committee chairs than with pretty much any Republican that could inherit the gavel. Needless to say, one way of getting the requisite number of Dems in the House is to oust Sarah Davis, as her seat is high on the list of pickup possibilities. Todd Hunter’s HD32 is on that list as well, but farther down; if he loses in November, Dems have had a very, very good day.

Let’s be clear that lots of substantive bills take more than one session to get passed, so bringing this up now even without any assurance that it could get out of committee is the right call. Start talking about this now – the real benefits a true equality bill would bring, the ridiculous arguments that opponents will throw at it, and very importantly the potential legal pitfalls that the true wingnuts and their sympathetic judges will try to exploit – and we’ll be better positioned when the timing is better. I can’t say when that might be – elections have consequences, I’m told – but it’s best to be prepared.

Of course they have voted by mail

It should surprise no one that the three main opponents to an expansion of voting by mail have all voted by mail themselves in past elections.

Three of Texas’ top Republican leaders are vigorously fighting efforts to expand mail-in voting during the coronavirus pandemic, arguing it will lead to increased voter fraud, yet all three have themselves cast absentee ballots at least once in past elections.

Lt. Gov. Dan Patrick — then a state senator — voted by mail in 2007 for a May Houston municipal election and an ensuing runoff, though Harris County records show his first mail-in ballot was rejected because of a signature verification issue. Patrick is a regular voter in both local and state elections and favors casting his ballot during the early voting period. He’s been voting in Montgomery County since 2017.

Though he’s a regular in-person voter in Collin County, Texas Attorney General Ken Paxton used the voting by mail option to cast a ballot in a 2011 municipal election, according to county records. In recent elections, he’s opted for voting early.

Travis County election records show Gov. Greg Abbott cast a mail-in ballot in a 1997 special election when he was a justice on the Texas Supreme Court. Abbott consistently votes in local and state elections.

Abbott and Patrick and Paxton would no doubt assert that they were taking advantage of a perfectly legal opportunity to use an absentee ballot, and that all those other people are asking for something that the law does not allow. I would say that despite the recent Supreme Court ruling, the law as written is hardly clear and lower courts did not agree with that more narrow interpretation. I would also note that one can have a principled disagreement about what the law says without lying and fearmongering about voting by mail, which has the effect of suppressing turnout and delegitimizing the process. (To be fair, Patrick and Paxton have been far more egregious about this than Abbott has, though he’s hardly uttered a peep in dissent of their noxious views.) As with Donald Trump and his current spokesperson, the impression one gets is “it’s fine for me to do this, but lowlifes like you can’t be trusted with it”. None of this had to be this way.

Dan Patrick gets all hysterical about voting by mail

Poor Dan. You know how emotional he gets. Could someone get him a nice cup of chamomile tea, to help him calm down a bit? Thanks.

Lt. Gov. Dan Patrick on Friday said that efforts to expand mail-in voting during the coronavirus amount to a “scam by Democrats to steal the election” and claimed that people under 65 are at more risk of dying in a car wreck on the way to vote than they are from dying from the coronavirus because they voted in person.

“There is no reason — capital N, capital O — no reason that anyone under 65 should be able to say I am afraid to go vote,” Patrick, a Republican, said in an interview with Fox News. “Have they been to a grocery store? Have they been to Walmart? Have they been to Lowe’s? Have they been to Home Depot? Have they been anywhere? Have they been afraid to go out of their house? This is a scam by the Democrats to steal the election.”

Texas has been locked in a legal fight over whether it has to expand who is eligible to vote by mail during the coronavirus pandemic. Multiple groups have sued the state, saying it’s dangerous to require people to wait in line and cast ballots on machines shared with other voters while the virus is spreading. GOP state officials have opposed the effort, however, saying that mail-in voting is vulnerable to fraud.

Patrick repeated those worries about fraud on Friday, while also dismissing any fears people might have about going to the polls if they aren’t eligible for a mail-in ballot. Patrick noted that the vast majority of people dying from the virus are older. Currently in Texas, anyone 65 or older or with a disability is eligible for a ballot.

“This idea that we want to give you a disability claim because I am afraid to go vote — if you are under 65 — is laughable,” Patrick said. “You have more chance of being in a serious auto accident if you are under 65 on the way to vote than you do from catching the virus and dying from it on the way to voting. This is the greatest scam ever.”

Texas does not have complete data for the ages of the 1,440 people who have died in the state from the virus. But the state has completed fatality investigations for 489 of those deaths, and about 29% of those were people confirmed to be under 65.

In addition, public health experts are encouraging people of all ages to limit their social interactions. While older people are generally at more risk of dying from the virus, young people can transmit it and endanger people of all ages.

You may recall, Dan Patrick said there were more important things than living and that senior citizens should be willing to die for the economy. So maybe he’s not the best judge of what one’s risk appetite should be.

It’s easy to mock Dan “Menace II Grandma” Patrick, and we all should do it on a regular basis because he is ridiculous. But we should also look at his words and try to understand what he’s really saying. Whether he meant to or not, there are three things that he made clear from this little outburst.

First, there’s no actual justification for the 65-and-over qualification. It’s completely arbitrary, and Patrick doesn’t even try to defend it. It’s there because that’s the number lawmakers picked when they wrote the law. If someone did press Patrick on this point, I’m sure he’d have little to offer beyond some form of “that’s just the way it is”. The federal age-discrimination lawsuit hasn’t had a response from the state yet, and I’ll be very interested to see what justification they come up with. My guess is they won’t bother to try to justify it, they’ll instead simply claim that having an age limit isn’t discriminatory. My point here is that Dan Patrick can’t defend this provision in the law, he can only hide behind it.

Second, there’s the “vote fraud” shibboleth. Forget for a minute that there’s a trivially small amount of actual vote fraud in the system, since statistics and logic mean nothing in this context. I’m old enough to remember when the voter ID bill was passed and the litigation was filed against it. One of the many points of contention over this odious law was the fact that it only applied to in person voting. Voting by mail, which was a smaller component of turnout than it is now and which was much more Republican than it is now (look at the absentee ballot totals for Harris County from 2008 and 2012, for example), was exempted in part because the Republicans who passed the law did not want to burden their own voters, but also because they professed no concerns at all vote vote by mail fraud, even as Democratic legislators and people who testified at the hearings pointed out that most of the handful of vote fraud examples we had centered on mail ballots. The only reason why Republicans are trotting out their “vote fraud!” wolf cries now is because Democrats have gotten better at using vote by mail. That’s what they’re actually afraid of.

And that brings us to point three. The Republicans know they are losing the argument. There was a time when Republicans didn’t care about who was showing up to vote, because they were confident they were going to win all of the elections they wanted to win. They had the lion’s share of the vote – George W. Bush won re-election as Governor in 1998 with 68% of the vote, and he got 62% of the vote as President in 2004 – and they knew it. They have no such assurance today, and they know that, too. All of the big urban counties (save for Tarrant, which is headed that way) are hopelessly Democratic, and now the big suburban counties are slipping away from them. They see their lack of popularity with younger voters and people of color. They’re not going to change what they stand for, so Plan B is to make it harder on all the people they don’t like to vote. This isn’t a revelation, and yes I know what Paul Weyrich was saying back in the 1980s. The difference now is that they really are saying it out loud. They don’t want to make it easier for people to vote, because they fear – with justification – they will lose too many elections if they do. They know people aren’t buying what they’re selling, so they’re trying to restrict the marketplace.

So yes, please do continue mocking Dan “Triggered By Sandra Bullock” Patrick. It’s fun, and he deserves it. But listen to what he’s saying, because he’s telling us what he’s afraid of. Let’s make sure we’re paying close attention to that.

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

Knock me over with a bag full of unmarked bills.

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

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

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

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

[…]

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

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

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

What if it were Ed?

The question to ask yourself in reading this story about Republicans bitching and moaning about Harris County Judge Lina Hidalgo is “How different would things actually be if Ed Emmett were still County Judge?”

Judge Lina Hidalgo

By the time Harris County Judge Lina Hidalgo ordered residents to cover their faces in public April 22, Dallas, Bexar and Travis counties already had issued similar measures intended to blunt the spread of the novel coronavirus. Laredo’s mask rule, already 17 days old, also carried a potential $1,000 fine.

Only Hidalgo’s order drew the ire of Lt. Gov. Dan Patrick.

He blasted the rules as an abuse of Hidalgo’s authority. U.S. Rep. Dan Crenshaw, another Republican, said potential fines of up to $1,000 for violators would lead to government tyranny. The Harris County Republican Party and business coalitions decried the order.

Gov. Greg Abbott struck down the punishments on Monday, hours after Harris County’s order went into effect.

Much like the widening national political divide over how government should manage the pandemic, criticism of the county’s response falls along familiar partisan lines. Hidalgo has sparred with Republicans — and sometimes other Democrats — over releasing inmates from the county jail, closing businesses and requiring masks in public.

The clashes often are proxy battles over Hidalgo’s vision for the county she has pushed since taking office last year, when Democrats took control of Commissioners Court for the first time in a generation.

“More or less, they’re the same fights, but magnified because of the political implications for where the state is going to go in the future,” said Brandon Rottinghaus, professor of political science at the University of Houston.

[…]

Some of the critiques lobbed at Hidalgo focus on her youth, ethnicity and gender. She often asserts herself in these situations — whether a public speaker refers to her as a girl or, as Commissioner Steve Radack has called her, “young lady” — but otherwise moves on.

Most of the criticism is not identity-based, however. Many conservatives fundamentally disagree with her expansive view of government, willingness to raise taxes and dipping into the county’s historically high cash reserves.

The two Republican county commissioners, Radack and Jack Cagle, have accused Hidalgo of ignoring her promises of transparency, failing to seriously solicit their counsel and only seeking the advice of experts who are inclined to agree with her. Commissioner Rodney Ellis, formerly the only Democrat on the court, chalked his colleagues’ complaints up to unfamiliarity with serving in the minority.

The complaints extend to her handling of the pandemic. Houston City Councilman Greg Travis, who opposed closing the rodeo and the stay-at-home order, said Hidalgo did not properly consider the economic damage the restrictions would bring.

“It’s up to leaders to listen to experts in various fields and to try to chart a course that is best,” Travis said. “We put 350,000 people out of work.”

He cited Hidalgo’s mask order, which he said was foolish because police had little capacity to enforce it, as a misstep attributable to her inexperience. Travis said if masks were so important, Hidalgo should have required them a month earlier, along with closing down public transit.

Let’s start at the bottom and work our way up. I cannot take seriously anyone who thinks Judge Hidalgo should not have shut down the Rodeo – she herself thinks maybe she should have acted more quickly to shut it down – and the rest is petty nitpicking from the peanut gallery. CM Travis’ press release that criticized the Rodeo shutdown is one of those things that is Not Going To Age Well. And really, does anyone believe Ed Emmett wouldn’t have done the same thing, perhaps a bit later, perhaps even a bit sooner? We’ve wasted enough time on this.

As for the Commissioners Court complaints, Rodney Ellis is 100% right. Republicans had forty-some years in the majority. Steve Radack got to build a soap box derby park in Hockley as lord and master of his little fiefdom because he could. The county is a different place now, and they are all cordially invited to sit down and suck it up.

Finally, in regard to Dan Patrick and the rest of the nattering nabobs, again I ask what if anything do you think Ed Emmett would have done differently? Remember, Montgomery County and its extremely Trump-friendly County Judge issued a shutdown order on March 27, a mere four days after the Harris County order was issued. Harris County was a day or two behind the likes of Dallas and Bexar and Travis. The specifics of various county shutdown orders – and remember, it was counties doing this because Greg Abbott was too timid to do the potentially unpopular thing of closing businesses and schools – varied a bit from one to the other, but they were broadly the same. Restrictions on churches were controversial around the state, but only Harris County has the Steven Hotze death squad, while no one particularly cared about face mask orders until Lina Hidalgo issued one.

My point is, she’s done the things that county judges have done, more or less at the same time and in the same way as other county judges have done. But she’s young, she’s Latina, she’s bilingual, she’s not been cowed by swaggering dinosaurs like Steve Radack, and worst of all, she’s a Democrat who beat the one Republican everyone thought would survive the 2018 blue wave. (Did I mention that Dan Patrick lost Harris County by a 56-42 margin in 2018? Harris County doesn’t care what you think, Dan.) Especially for a bunch of self-styled alpha males, the level of whining these guys generate is truly impressive.

I should note, by the way, that if Ed Emmett were still County Judge he’s likely have had some rhetorical rocks thrown at him as well, in large part because the Dan Patrick faction thinks he’s a RINO squish. I just don’t think anyone would be comparing him to a children’s cartoon character. You tell me what that says about the critics and their criticisms.

Might a Democrat challenge her in 2022? Anything is possible, and as we saw this year, nobody is likely to get a free pass. Hidalgo has not been a huge fundraiser, but she’s done all right and she has time to step it up. The questions I would ask are 1) what issue that is likely to resonate with the typical Democratic primary voter would such a candidate champion, and 2) what kind of establishment support would such a candidate be likely to get? The 2022 primary will not be as big as the 2020 primary was, but if there are some compelling candidates for the top statewide offices, it will get decent turnout. For what it’s worth, from my vantage point as Democratic precinct chair, I’ve not heard much in the way of complaint about Judge Hidalgo’s performance – quite the opposite, in fact – nor am I aware of any potential candidates out there shaking the trees. Obviously, it’s ridiculously early, we’re in a moment where basically nobody is campaigning for anything, and there’s still plenty of time for things to happen. I’m just saying, if the bulk of the complaining about Hidalgo is being done by Republicans, I don’t see how that hurts her any in the next Democratic primary.

The fight over sick leave has to be at the state level

I get this, but it’s not going to work.

Mayor Sylvester Turner

The coronavirus outbreak is sparking a debate over paid sick leave in Houston, the largest U.S. city without a law requiring businesses to provide paid time off for workers who fall ill.

Labor leaders say the COVID-19 pandemic has bolstered their argument for a paid leave mandate, arguing such a policy would slow community spread of the disease here.

Mayor Sylvester Turner largely has ignored the push, making clear he will not take action on paid sick leave while the health and economic crisis continues to play out.

“Right now, the private sector is hurting, just like the public sector is hurting,” Turner said in an interview. “Businesses are taking it on the chin, and that’s been across the board: small, medium-sized, large. So, let’s get past this crisis, and then we’ll have an opportunity to have a robust discussion on the other side.”

As Houston and Harris County residents pass a month of stay-at-home restrictions to prevent local hospitals from becoming overwhelmed with patients, Turner and County Judge Lina Hidalgo are coming under intensifying pressure from business owners on the one hand who say they cannot survive more weeks of forced closures, and health officials on the other who say coronavirus testing remains too scarce to drop the restrictions.

Labor advocates and health experts have warned that many employees who lack paid sick leave will skirt federal guidelines and show up to work when they are ill because they cannot afford the lost wages from missing even a few days of work. Without a paid sick leave mandate, they say, “essential” Houston workers remain uncovered if their employers do not offer it and are exempted from a federal coronavirus paid leave package that contains broad loopholes.

“There is clear evidence from states and cities across the country that when workers have access to paid sick days, they’re more likely to stay home and take care of themselves,” said Vicki Shabo, a senior fellow for paid leave policy at the Washington, D.C., think tank New America.

[…]

Austin, Dallas and San Antonio have passed ordinances mandating paid sick leave, and each has been blocked or delayed by legal challenges that allege Texas’ minimum wage law preempts the ordinances.

Dallas’ paid sick leave policy, which would require employers to grant one hour of paid leave for every 30 hours an employee works, was halted by a federal judge March 30, two days before penalties for non-compliant businesses would have taken effect.

I’m sympathetic to the argument that now is a bad time for businesses to be asked to bear an extra expense. I’m even more sympathetic to the argument that now is a really really bad time to incentivize sick people to go to work. The problem is that as things stand now, there’s nothing the city of Houston can do about it. We could pass a sick leave ordinance, either by Council action or by referendum, and it would be immediately blocked by the courts, as it has been in those other cities. The only way forward is to change the state minimum wage law that is being interpreted by the courts as forbidding local sick leave measures. That’s not something that can be done in the short term. A Democratic-led House could pass such a bill next year, but as long as Greg Abbott and Dan Patrick and Ken Paxton are in office, it won’t go any farther than that.

So, as unsatisfying as it is to say, we have to win some more elections first before we can make this happen. The good news is that this is the best time imaginable to make the argument in favor of paid sick leave. The case for having sick workers stay home rather than infecting everyone they encounter has never been more clear, and likely will never be better received by the voters. Let the Republicans defend that position. There’s very much a fight to be had, and that’s where we need to have it.

How partisan is concern about coronavirus?

On the one hand:

Texas’ economy is taking a catastrophic hit — and hundreds of thousands of Texans are out of work — as officials shutter businesses and limit some establishment’s operations to stop the spread of the new coronavirus. But while Texans’ optimism about the state’s economy has fallen, they largely support those measures, according to the latest University of Texas/Texas Tribune Poll.

Two-thirds of registered Texas voters agree with decisions by Gov. Greg Abbott and several local officials to suspend nonessential business operations. And more than three-quarters of voters support orders to stay home except for essential activities. The poll’s findings come as Abbott says he will soon announce plans to reopen a wide range of Texas businesses.

Some hardline Republicans have pressured Abbott, who has taken a middle-ground approach in responding to the global health crisis, to relax his statewide stay-at-home order. And Republican Lt. Gov. Dan Patrick has suggested that saving the economy was more important than responding to the coronavirus. But after first making that suggestion last month, Patrick has experienced an uptick of disapproval among two groups: registered voters over 65 and independents. The poll was conducted before Patrick went on national television this week and said “there are more important things than living” as he advocated for reopening the economy.

“To the extent that some people are saying Republicans are beating down the doors of their houses… there is no evidence of that in this poll,” said James Henson, co-director of the poll and head of the Texas Politics Project at UT-Austin. “There’s not evidence of resisting serious measures.”

On the other hand:

Texas voters are concerned about the coronavirus and believe it presents a serious crisis, and they are deeply worried about the economy, unemployment and the health care system. But they also think the disease could be contained enough to return daily life to normal within a few months, according to the latest University of Texas/Texas Tribune Poll.

The coronavirus pandemic is a serious crisis, according to 66% of registered Texas voters, while 26% say it’s “a serious problem but not a crisis.” Democrats are more likely than Republicans to call it a crisis: 91% said so, compared with 48% of Republicans. And urban voters (75%) were more likely to call it a crisis than suburban voters (66%) or rural voters (54%). While 81% of black voters say the pandemic is a serious crisis, only 66% of Hispanic and 65% of white voters agreed.

“Partisans are relying on different sources of information,” said Joshua Blank, research director for the Texas Politics Project at the University of Texas at Austin. “They’re hearing something different. It’s not that Republicans don’t think it’s a crisis. It’s that they don’t think the Democrats are getting good information.”

A majority of voters (54%) are “extremely” or “very” concerned that the coronavirus will spread in their communities. Again, the poll found differences: The level of concern is higher among Democrats than Republicans, urban voters over suburban and rural voters, and black and Hispanic Texans over white voters.

Large majorities are “extremely” or “very” concerned about the national and state economies, unemployment and the health care system. At the same time, 43% say they’re satisfied with the health care system, while 52% are not.

The economic concerns erase party lines: 72% of Texas voters are “extremely” or “very” concerned about the national economy, and 67% say the same about the state economy. Worry over unemployment — 75% say it’s a top concern — is also amplified. Democrats (83%) were a bit more likely than Republicans (71%) to express deep concern, but the issue is clearly on the minds of a substantial majority of Texas voters.

“These attitudes are, to some extent, evidence that social distancing has worked,” Blank said. “People are more concerned about the economy. You might have no chance of getting the virus because you’re not leaving your house, but you could still lose your job. That affects more people directly than the coronavirus does.”

I don’t know what to make of that. To be honest, there may not be that much to make of it – it may just be a matter of question wording, or emphasis. It’s still the case that 72% of Republicans are at least “somewhat” concerned about coronavirus spreading in their community. It should be higher, but it’s a solid majority. And any time there’s an uptick in disapproval for Dan Patrick, things can’t all be bad. Let’s make sure we’re saving all that video for the 2022 campaign, please.

“There are more important things than living”

Lt. Gov. Dan Patrick, everybody.

After facing intense criticism for suggesting on Fox News last month that he’d rather perish from the new coronavirus than see instability in the state’s economic system, Lt. Gov. Dan Patrick said last night that he’s thankful Texas is beginning the process of reopening its economy because the restrictions are currently “crushing small businesses” and the economic market.

“I’m sorry to say that I was right on this and I’m thankful that now we are now finally beginning to open up Texas and other states because it’s been long overdue,” he told interview host Tucker Carlson.

“What I said when I was with you that night is there are more important things than living. And that’s saving this country for my children and my grandchildren and saving this country for all of us,” Patrick said. “I don’t want to die, nobody wants to die, but man we’ve got to take some risks and get back in the game and get this country back up and running.”

During his latest interview on Fox News, Patrick said that, in Texas, the death toll wasn’t high enough to warrant shutting down the entire state. According to the latest data from the Texas Department of State Health Services, 19,458 Texans have been sickened from the virus, while 495 have died.

“Let’s face reality of where we are: In Texas, we have 29 million people. We’ve lost 495 and every life is valuable, but 500 people out of 29 million and we’re locked down,” Patrick said.

So just to clarify his earlier remarks, Dan doesn’t want to die, but if the price of “reopening the economy” is that you have to die, well, that’s the way it goes. Every life is valuable, but obviously some are more valuable than others. I’m sure he can’t believe he has to explain that to you.

So this is reopening

There’s not much to this, is there?

Gov. Greg Abbott on Friday announced initial steps to reopen the Texas economy during the coronavirus pandemic, including those that in the next week will loosen surgery restrictions at medical facilities, allow all retail stores to provide product pickups and reopen state parks.

Abbott also named a “statewide strike force” devoted to getting the economy going again. Austin banker James Huffines will chair the task force, while veteran lobbyist Mike Toomey will lead its staff. The group will oversee what Abbott described as a phased reopening, starting Friday with additional announcements set for April 27 and sometime in May.

At the same time, Abbott announced all Texas schools will stay closed through the rest of the academic year. He had previously shuttered them until May 4.

Abbott made the announcements during a news conference at the Texas Capitol that he began on a note of optimism.

“Because of the efforts by everyone to slow the spread, we’re now beginning to see glimmers that the worst of COVID-19 may soon be behind us,” Abbott said, noting the number of infections is “beginning to level off” and the death toll, while tragic, has “not come close to the early, dire predictions.”

“We have demonstrated that we can corral the coronavirus,” Abbott added.

[…]

Abbott said the task force will include fellow state leaders such as Patrick and Texas House Speaker Dennis Bonnen, as well as top medical experts including state health commissioner John Hellerstedt and Mark McClellan, former commissioner of the U.S. Food and Drug Administration. The medical advisers will focus on developing a strategy to “comprehensively test and trace COVID-19 that will enable Texas to gradually and safely” begin returning to normal, Abbott said.

The task force will be rounded out by an advisory group of business leaders, Abbott said, naming prominent entrepreneurs including Kendra Scott and Michael Dell.

The first phase came in a series of executive orders issued Friday. One order allows for product pickup at retail stores — what Abbott described as “retail-to-go” — that will begin April 24. Outlets will be allowed to bring orders straight to customers’ cars in a manner similar to how many restaurants are currently offering curbside pickup.

Another order, which goes into effect 11:59 p.m. Tuesday, will allow a limited amount of nonessential surgeries at hospitals, as long as those surgeries don’t deplete the hospitals’ supplies of personal protective equipment and allow the facilities to keep at least 25% of their capacity available for the treatment of patients with COVID-19, the illness caused by the new coronavirus.

A third order will allow state parks to open Monday. Visitors to parks will be required to wear masks and keep a safe distance from people outside their households.

Additional openings will be announced April 27 “after further input from medical staff,” Abbott said.

See here for the background, and here for the very manly-man-named Strike Force. Just so we’re clear, “beginning to level off” means we’re still not yet at the peak, which is to say the curve of new cases and deaths is still increasing. Go read that previous post about the curve maybe starting to flatten in Houston. “Near the peak” is not where you want to be.

There’s also no actual plan for expanded testing, which is a bare minimum for easing the restrictions. We are not testing more people in Texas. We don’t even really have the funding to test more people. Who are your medical advisors, and what is their advice for getting true comprehensive testing off the ground?

Hey, remember when Greg Abbott decided that it was better to let Mayors and County Judges lead the way on stay-at-home restrictions? Well, local leaders are nowhere to be found on the Strike Force.

What happens if the Strike Force and Dan Patrick’s Secret Megadonor Team disagree? Do they fight it out?

What if Greg Abbott reopened the economy and no one came, because they’re more worried about ramping down social distancing too quickly than they are about being able to go out in public like they used to? I can tell you that the latest word from the large multinational corporation that I work for is that they expect us all to still be working from home into May. I won’t be surprised if a lot of similar businesses are thinking along the same lines.

You get the idea. We all want to return to normal. We all want businesses to open again. But we all also want to not get sick and maybe die. I don’t think we’re ready for the returning to normal and opening things up part yet. The Chron, the Texas Signal, the Press, the Observer, and the Current have more.

UPDATE: What RG Ratcliffe says:

The problem is not so much that Abbott has named an advisory committee but that he has again found a way to deflect responsibility before taking action. Just as he let mayors and county judges do the hard work of shutting the state down to stop the spread of COVID-19, he is now hoping the strike force will help him balance competing demands for fighting the virus and getting Texans back to work. Abbott put his toe into the water on Friday, but put off big decisions until April 27, saying he wanted to be guided by data, doctors, and the advice of his strike force.

Such a weak leader.

Only the megadonors can save us now

Actual headline, from an actual Houston Chronicle story:

Dallas megadonor leads secret team charged with carrying out Dan Patrick’s plan to restart economy

Remember how I said that the story of Steve Stockman and his supporters using the cover of the coronavirus pandemic to butter up Donald Trump for a pardon was the most 2020 story ever? Took less than a week for events to prove me wrong. There’s a lesson in there somewhere.

You can read the story if you want, in which you will learn that the people who are closest to and/or have worked for said megadonor, whose name is G. Brint Ryan, think he’s a swell guy who only wants to do good, and that he himself swears he would never use the position of favor and access that he bought for himself fair and square to benefit himself or his businesses. Nope, he’s just there to look out for the little guy, by which he means people who couldn’t afford Dan Patrick’s list price and thus depend on even richer people like him to make sure they don’t get forgotten. Truly, we are blessed to have the likes of G. Brint Ryan in the favorite contacts of our state leaders. As to what he might be doing in secret to restart the economy in a way that won’t kill too many people, well, if he told you that then there wouldn’t be a secret, now would there? Just cool your jets and let the magic of the patronage system do its work, OK?

Treating COVID-19 patients at nursing homes

This is a huge can of worms.

When Larry Edrozo got a phone call from his mother’s nursing home in Texas City telling him she was being treated for the novel coronavirus with an unproven pharmaceutical drug, he had two questions: why was she getting the drug if she had not been showing symptoms, and who gave consent?

Helen Edrozo, 87, is one of 56 residents at the Resort at Texas City who tested positive for the coronavirus, and one of 39 residents being medicated with hydroxychloroquine, a drug typically used to treat malaria and lupus that has shown some evidence of possibly tamping down symptoms of the virus.

The use of hydroxychloroquine to treat coronavirus patients has drawn controversy globally as the medical community and public debate the ethics of testing a medication before significant research is available — and in the case of elderly patients such as those at The Resort at Texas City, on a population that is statistically more vulnerable to the virus. While President Donald Trump has touted the drug’s benefits, a large controlled study of hydroxychloroquine has not yet been completed, and some doctors warn the drug combination used for the experimental treatment could have severe, potentially deadly side effects.

Larry Edrozo was initially told by an administrator at the nursing home that Helen would not eligible for hydroxychloroquine treatment because she was not showing symptoms. But on Monday, a nurse at the facility phoned him to tell him that his mother’s carbon monoxide levels in her blood had elevated slightly and that she had already begun a hydroxychloroquine dose.

Edrozo was stunned. His mother has dementia, meaning that, as her power of attorney, he is supposed to sign off on any medical treatment she receives at the nursing home.

“I (told the nurse), ‘OK, well, since you’ve already started (treatment), I guess I would write in my notes that the question was raised about consent and what happened to that?’” Edrozo said. “I have not received a call back.”

Dr. Robin Armstrong, the medical director at The Resort, who prescribed the medication shortly after Amneal Pharmaceuticals donated 1 million tablets to the Texas Department of State Health Services pharmacy, said the decision was between him and his patients. He said he did not notify families before the drugs were administered because it was not necessary and time consuming.

“If I had to call all the families for every medicine that I started on a patient, I wouldn’t be treating any patients at all; I would just be talking to families all the time,” Armstrong said

But ethicists say informed consent is one of the most important factors in any treatment, and several people with family members at the Resort at Texas City being treated with hydroxychloroquine say that they were not asked to give consent, despite having power of attorney over their sick relatives.

Still, faced with the desperation of potentially losing his mother to the coronavirus, Edrozo felt he had no other choice than accept this course of treatment.

“When the people are blasting the doctors and the governor’s office about human guinea pigs, I’m sort of there with them,” Edrozo said. “But then I want to ask them, ‘What if it was your mother, or your spouse or your child?’”

As the kids say, there’s a lot to unpack here. At the most basic level, there’s nothing but anecdotal evidence that hydroxychloroquine has any effect on coronavirus. There are no studies worthy of the name showing that it would help. Maybe it will, maybe it won’t, we just don’t know. And that’s without taking into account the inability of these patients on whom the tratment is being tested to give informed consent for their participation. Or the fact that hydroxychloroquine is an actual drug used by people suffering from lupus and malaria, and Donald Trump’s obsession with it as an unproven treatment for COVID-19 means potential shortages for those patients. Did I mention that the doctor leading this effort is a Republican activist who got a supply of the drugs through political connections, and who therefore has a vested interest in making Trump and his hydroxychloroquine predictions look good? All this, and even if it does help some of these patients it won’t tell us anything about the effectiveness of hydroxychloroquine as a treatment because this isn’t a controlled study. Keep in mind, everyone who has recovered from COVID-19 has done so on their own. We’ll have no way of knowing whether the people at The Resort who recover would have done so anyway – that’s why doing controlled studies matter, so you can make valid comparisons. I very much get Larry Edrozo’s dilemma, but he and everyone else involved in this deserved to have full knowledge of the risks and benefits so they could make their own decision.

Younger people get coronavirus, too

Because that’s how viruses work.

More Houstonians younger than 60 are testing positive for the novel coronavirus than those who are most at risk of developing serious complications from the illness.

Of that number, middle-aged adults — those in their 40s and 50s — have garnered the brunt of the cases that have tested positive, according to a Houston Chronicle analysis.+

A review of 164 cases from March 4 through [March 23] in counties with confirmed diagnoses — Harris, Fort Bend, Montgomery, Brazoria, Galveston, Liberty and Chambers — show around 78 percent of COVID-19 cases in the greater Houston region are of children and adults under the age of 60. People older than that, who federal health authorities say they are more likely to require hospital care if infected, make up about 21 percent of those who have tested positive.

[…]

Even a handful of children in the Houston region tested positive for the novel coronavirus.+

Dr. Umair Shah, executive director of the Harris County Public Health, was aware of the trend of younger people contracting the novel coronavirus.

“People like me, who feel like they can go out and do everything — we, too, can test positive,” Shah said Tuesday morning at a news conference, where officials also announced a stay-at-home order.

“All of us have the potential of transmitting that to others,” he continued.

Maybe someone can tell Dan Patrick? It’s one thing for geezers like him to get sick and die, but people in their 40s and 50s aren’t Grandma and Grandpa, they’re Mom and Dad. And, as Dr. Shah notes, they’re all very capable of passing along the virus to whoever else they encounter, old and young. True, they’re less likely to die than old useless people like Dan Patrick, but 1) the chances are still greater than zero, and some people with zero risk factors have died from COVID-19; 2) plenty of younger folks have pre-existing respiratory issues and/or are immuno-compromised; 3) some people have had lasting after-effects of the disease; and 4) getting sick, and especially going to the hospital, can be very expensive. All of which to say, it’s better to not get sick. Which is what human beings with empathy and compassion, who are not sociopaths like Dan Patrick, are trying to accomplish with social distancing and stay-at-home requirements. I can’t believe I have to explain this, but here we are.

(Yeah, I drafted this last week, which now seems like a million years ago, and Dan Patrick has been blessedly quiet since then. He still needs to be raked over the coals at every opportunity for his hateful, nihilistic blatherings.)

Harris County stay-at-home order extended

Not a surprise.

Be like Hank, except inside

Harris County Judge Lina Hidalgo on Tuesday extended her stay-at-home order through April 30, as cases of novel coronavirus infections in the Houston area continue to rise, three county officials with knowledge of the plan said.

Hidalgo could further lengthen or shorten the duration of the order, depending on the success of efforts to combat the outbreak, the sources said.

[…]

The original stay-at-home measure, which closed most businesses and prohibits public gatherings of any kind, is set to expire Friday. Health experts say extending the restrictions to daily life are necessary to prevent a spike in cases that could overwhelm hospitals.

Hidalgo signaled at a news conference Monday that she would do so.

“It’s not a matter of if the stay-at-home order will be extended; it’s a question of for how long,” she said.

Violations of the order are punishable with fines or jail time, though Harris County Fire Marshal Laurie Christensen said authorities have yet to make any arrests. She said her investigators have answered about 2,500 calls from residents with questions and focused enforcement efforts on reminding businesses of the rules.

The rules are the most restrictive in a series of steps taken by local officials this month to limit interactions between people that can spread the highly communicable virus. Turner ordered the Houston Livestock Show & Rodeo closed on March 11. Hidalgo closed bars and limited restaurants to takeout and delivery on March 16.

I know it feels like forever, but the Harris County stay-at-home order was issued eight days ago. HISD was closed beginning March 13, and I’d say most people who could work from home began doing so on the 16th, so we’re a bit more than two weeks into this. And speaking of the schools:

Gov. Greg Abbott on Tuesday told Texans to stay at home for the next month unless they are taking part in essential services and activities, announcing a heightened statewide standard to stem the spread of the new coronavirus. He also announced that schools would remain closed until at least May 4.

During a news conference at the Texas Capitol, Abbott declined to call his latest executive order a shelter-in-place or stay-at-home order, arguing such labels leave the wrong impression and that he wants Texans to know, for example, they can still go to the grocery store. But in an interview afterward, he said “it’s a fact” that the executive order nonetheless brings Texas up to speed with states that have issued orders with those labels.

“States that have adopted stay-at-home policies or even some that use shelter in place are very close to ours, which is, if you had to put a label on it, it would be ‘essential service and activities only,'” Abbott said. “If you’re not engaged in an essential service or activity, then you need to be at home for the purpose of slowing the spread of COVID-19.”

The state has outlined a list of more than a dozen sectors that provide essential services that comply with Abbott’s order, which is largely aligned with federal guidance on the issue. Those include health care, energy, food and critical manufacturing. Texas’ list adds religious services, which are not included in federal guidance.

The order goes into effect at 12:01 a.m. Thursday and lasts until April 30, aligning it with the new end date that President Donald Trump announced Monday for social-distancing guidelines.

The order supersedes one that Abbott issued March 19 that limited social gatherings to 10 people, among other things. The new order narrows that standard significantly, asking Texans to “minimize social gatherings and minimize in-person contact with people who are not in the same household.”

In using terms like “minimize,” the order’s language stops short of explicitly banning nonessential activity. But Abbott made clear he expects all Texans to adhere to the guidance or face criminal punishment — and that there is only wiggle room in the language to account for potential “exceptions to the rule.”

“You never know what the exception would be, like let’s say there’s some emergency where you have to go do something or whatever the case may be,” he said. “And you don’t want to get people subject to being in violation of a law for a lack of clarity.”

[…]

At the news conference, Abbott encouraged churches to conduct their services remotely but said that if they must meet in person, they should follow the federal social-distancing guidelines.

“I’m unaware of a church that would want its constituents, its parishioners, to be exposed to COVID-19, and I think there’s enough public information right now for them to be aware of the practices that are needed to make sure that their members don’t contract COVID-19,” Abbott said in the interview.

Still not a statewide shelter-in-place order, which the Texas Hospital Association and Texas Nurses Association are calling for, but it is what it is. As for that exception for religious services, we’ll see what that means.

Abbott said religious services should either be conducted remotely or in-person using social distancing guidelines. He added that “drive-up services,” where congregants would remain in their cars, which some churches plan to use this Easter, would “satisfy the criteria that we’re talking about.”

David Duncan, pastor of Houston’s Memorial Church of Christ, said he appreciates Abbott’s recognition of the “importance of religion.” But he added, “The second greatest command is to love our neighbors as ourselves. For me, at this moment, the way I love my neighbor is by giving them physical distance.”

Many congregations moved away from in-person gatherings prior to orders by local officials, including one by Harris County Judge Lina Hidalgo that banned gatherings. Hidalgo said Tuesday afternoon that the county was reviewing Abbott’s order.

“We will continue doing what we have been doing,” said Mike Miller, pastor of Central Baptist Church in Jacksonville. “Gathering crowds in any way that would make 6-foot separation impossible is not acting responsibly.”

[…]

Josh Ellis, head of Houston’s association of Southern Baptist churches, declined to comment on Abbott’s order.

Ellis did, however, advise churches to continue suspending in-person services. “Ministry is essential, and continues, while continuing to keep the most people safe,” he said.

The Archdiocese of Galveston-Houston, which suspended in-person services earlier this month, also said it is reviewing the governor’s order.

We’ll see if this has any effect on the Hotze death wish lawsuit. I still think the full-on ban was the correct move, mostly because assholes like Hotze have now demonstrated they don’t give a shit about anyone else, but if this avoids a nasty court ruling, I can accept it.

(By the way, has Dan Patrick been a little quieter than usual lately, or am I imagining it? Just wondering.)

Still trying to do something about the coronavirus risk in the jail

Time is extremely limited for this.

A federal judge Friday asked lawyers to hammer out a plan for releasing about 1,000 indigent inmates detained on bonds of $10,000 or less amid fear of a COVID-19 outbreak at the third largest jail in the country. The judge indicated she would take up the fate of another 3,400 people in the Harris County Jail awaiting trial on higher bonds next week.

The instructions by Chief U.S. District Judge Lee H. Rosenthal came in response to an emergency request Friday by the team of lawyers who challenged the county’s bail policies. They argued that thousands of poor defendants trapped in the jail simply because they couldn’t afford bail should be granted immediate bail hearings or be released.

The pleading laid a grave situation at the hands of a judge who has made many tough decisions in the criminal justice realm.

“A public health catastrophe of historic proportion looms in the Harris County Jail. Only this Court can avert it,” the motion says. “With every passing hour, the risk of disaster increases. All eyes turn to this Court in this dire moment.”

The bail lawsuit motion for a temporary restraining order and preliminary injunction seeks release of about half the jail’s population of nearly 8,000 if they cannot be afforded immediate bail hearings. This would mean thousands of people charged with nonviolent offenses would be allowed to await trial on bond outside the facility, as they would otherwise be able to do if they could post cash bond.

Other local officials, including the sheriff, state district judges and top county official have been tackling the potential public health threat from different angles over the past two weeks, seeking compassionate releases of medically vulnerable inmates, bonds for those accused of nonviolent offenses, or some cross-section of the two groups.

But early Friday lawyers from Civil Rights Corps, the Texas Civil Rights Project and pro bono counsel from Susman Godfrey, stepped in with a constitutional approach to the jail problem that could allow much more drastic cuts in the population than the compassionate release plans outlined by the sheriff and the county judge.

Rosenthal asked the lawyers for indigent defendants and attorneys for the sheriff and the county to assemble by Monday a list of thousands of people who might qualify for release based on their bond amounts, charges, criminal histories and risk factors. In addition, the judge indicated she would move swiftly on a subset of the indigent defendants who can’t pay their bond. She asked for confirmation that 1,000 or so people being held on bonds of up to $10,000 were not subject to other holds or detainers.

The sheriff and county officials told the judge that they had no objection to this first group being released if they fit the judge’s criteria. According to a lawyer for the plaintiffs, the only agency that opposed the release of those facing $10,000 bonds was the Texas Attorney General’s Office.

Sheriff Gonzalez had been working on this for the past week, trying to get individual judges to allow some inmates to be released, but the process was slow. County Judge Lina Hidalgo had been working on an executive order that would have released a larger number of inmates, but she shelved it after objections from the Attorney General’s office; you can read that story for the details. And I know, we’re all going to be murdered in our sleep by a rampaging horde of pot smokers and check kiters, but let’s do pause for a moment and consider what the alternative might be:

In another effort to address the issue, Harris Health System leaders on Friday sent a letter asking for the release of defendants with nonviolent offenses.

The county medical system’s president and CEO stressed that an outbreak in the Harris County Jail is not a matter of if, but when.

“The Harris County Jail and other large correctional facilities pose a real and immediate danger to the health of the community,” Esmaeil Porsa said. “An even limited outbreak of COVID-19 in the Harris County Jail has the potential to overwhelm our already overburdened hospital system. If this happened — and the likelihood is high — it could leave many vulnerable people in our community without access to care.”

Porsa urged the county to consider prioritizing inmates over 60 with pre-existing conditions such as cancer, diabetes, asthma and chronic pulmonary disease, heart disease and HIV. Jails are known to have higher concentrations of people in the high-risk group, he said.

He added that social distancing is nearly impossible, with dorm settings holding between 20 and 60 people in a close space. And quarantine is also unfeasible when inmates are booked in and out of the jail on a daily basis.

We could just let them all die, I suppose. I’m sure Dan Patrick would approve. I would rather not do that.

UPDATE: And now Greg Abbott is involved, and I’m confused.

As the first Harris County inmate tested positive for COVID-19 Sunday, Gov. Greg Abbott issued an executive order blocking any release of inmates from jails and prisons accused or convicted of violent crime.

“Releasing dangerous criminals from jails into the streets is not the right solution and doing so is now prohibited by law by this declaration,” Abbott said at an afternoon briefing.

The news comes as federal, state and local government officials continued to squabble over details of what a jail release would look like as they attempted to prevent a catastrophic outbreak among the approximately 8,000 people incarcerated at the downtown facility.

The governor was referencing Attorney General Ken Paxton’s motion to prevent Harris County from releasing 4,000 people awaiting trial on felonies, saying such a move would “allow dangerous criminals to roam freely and commit more crimes during the ongoing COVID-19 pandemic.”

“Protecting Texans is one of my highest priorities. It is vital that we maintain the integrity of our criminal justice system and continue to enforce state law during this pandemic,” Paxton said. “My office will not stand for any action that threatens the health and safety of law-abiding citizens.”

Hours earlier a federal judge convened an emergency hearing to address plans that plaintiffs in a federal civil rights case had hammered out over the weekend with lawyers for the sheriff and the county judge to release inmates accused of some nonviolent offense.

An official from Paxton’s office appeared telephonically at that hearing and said the AG planned to appeal an order by the federal judge to the 5th U.S. Circuit if it called for any blanket releases.

The judge set a hearing for Tuesday to address a possible appeal.

There wasn’t anything in the previous story about people accused or convicted of violent crimes, hence my confusion. I assume there are still plenty of people in the Harris County jail for misdemeanor charges, so it’s not at all clear to me what the extent of the dispute is. Maybe later versions of the story will make that more clear.

UPDATE: There’s now a more detailed version of the Chron story and also a Trib story, but this post is too long already. I’ll be back with more tomorrow.

The Republican death wish

It would be one thing if they were just putting their own lives at risk, but that’s not how viruses work.

After Dallas County Judge Clay Jenkins became the first to announce a mandatory stay-at-home rule, conservative groups including Empower Texans began ringing alarms in opposition to Jenkins and to Republican Gov. Greg Abbott, who they say paved the way for the move.

Abbott had said he would applaud local leaders who felt they should issue stay-at-home orders for their communities.

“I’m extremely concerned about what Dallas Co just did, and Abbott’s apparent sanctioning of it,” Empower Texans president Ross Kecseg wrote on Twitter.

So far, Lt. Gov. Dan Patrick is the highest-ranking state official to echo those concerns.

“What I’m living in fear of is what is happening to this country,” Patrick said in a Fox News interview. “I don’t want the whole country to be sacrificed.”

Patrick, who turns 70 next week, went on to say he’d be willing to risk his own life and well-being to help preserve the way of life for other Americans — a statement that drew harsh rebukes on social media and inspired hashtags such as #DieForTheDow.

[…]

Critics of the stay-at-home orders are contradicting the advice of public health authorities at every level of government, from the World Health Organization to the national Centers for Disease Control and Prevention to local health officials. Epidemiologists have stressed that keeping people apart is the best way to fight back against a new virus for which there is no vaccine, and that aggressive early steps are the only way to get ahead of COVID-19.

The discord in Texas mirrors what’s going on at the national level with Republican governors showing more reluctance than Democratic ones, like Cuomo, to shutting down their states, said Timothy Callaghan, assistant professor of health policy and politics at the Texas A&M School of Public Health.

“On the one hand, they certainly want to protect the public health, but they are also afraid about hindering the freedoms of their citizens and they’re also concerned about the economic impact of having society in many ways shut down,” Callaghan said. “It’s a tricky balancing act for many politicians on the conservative side.”

Not only does that send Texans a mixed message but Callaghan said it could also reduce the effectiveness of the orders.

“If you want to see a true impact of flattening the curve throughout the state of Texas, it’s important for it to be a statewide policy,” Callaghan said. “Certainly in those areas that choose to enact some sort of shelter in place policy, you’re going to see some effect, but we don’t know if it’s going to be a smaller effect than if the entire state had chosen to do something.”

See here for the background. It’s not actually clear that they want to protect public health, since everyone who knows anything about public health and epidemiology is practically shouting from the rooftops that these shutdowns are necessary and we risk having literally millions of people die without them. Indeed, rightwing magazines are touting the virtues of deliberately spreading coronavirus, in a ridiculous and dangerous belief that it’s preferable to social distancing. I suspect there’s a certain amount of cognitive dissonance going on, since the one thing that can mitigate the economic impact of the stay-at-home orders is massive government action to put money in people’s pockets to replace the income they’d be losing, and that would seem to be the thing that Dan Patrick fears more than his own death. It’s clear that they’re taking their direction from Donald Trump, because that’s what they do these days and Trump is getting tired of the whole pandemic thing. It will be interesting to see if actual elected Republicans turn on Greg Abbott if he however reluctantly orders a statewide shutdown. In the meantime, I don’t know what there is to say other than there’s one way to get through this without a lot of people dying, and what these Republicans are agitating about is not it.

The Houston/Harris County stay-at-home order

Here’s hoping we won’t have to do this for too much longer.

Harris County Judge Lina Hidalgo issued a stay-at-home order Tuesday morning closing most businesses and directing residents to stay put except for groceries and errands in the latest measure aimed at slowing the spread of the novel coronavirus. The order will take effect at 11:59 p.m. and expire April 3.

Workers in the energy, transportation, construction and food service industries will be among those allowed to remain on the job, she said.

The county judge said she was heeding the warnings of health experts, who for days said a mandatory order limiting public interactions was necessary to prevent Houston hospitals from being overwhelmed with cases.

“What these experts and leaders tell us is that if we keep going at the rate we are going, we will end up in the situation that New York is heading towards, that Italy is at, where we simply run out of ICU space,” Hidalgo said.

Italy has reported more than 6,000 deaths; New York is the center of the American outbreak and scrambling to find beds for coronavirus patients.

The rules are the strictest Harris County has enacted in the two whirlwind weeks since the first locally transmitted case was discovered. Thirteen days ago, local officials wondered whether shutting down the Houston Livestock Show and Rodeo was too drastic a step.

They since have shuttered schools and universities, canceled concerts and sporting events, closed bars and limited restaurants to takeout and delivery, all in an effort to contain the rapid spread of the disease.

The new stay-at-home restrictions, which have no precedent in modern American history, mirror those in other major cities. Mayor Sylvester Turner said the order was difficult to issue, though he said local government cannot wait.

“The goal we have in the city of Houston is that we don’t have 2,400 cases or 24,000 cases,” Turner said. “We don’t have the luxury of waiting two weeks down the road and then deciding this is the time to take these steps.”

[…]

Harris County’s new rules were not met with universal acclaim. State Sen. Paul Bettencourt, a frequent critic of local government, said it was unnecessary and would do lasting harm to small and medium-sized businesses. He said compliance with social distancing recommendations by the public has been “quite high.”

“Taking sweeping action against… the backbone of our local economy with a shelter in place order eliminates the chance to take a targeted, measured, data-driven approach to achieve better social separation results and far less economic disruption,” Bettencourt said in a statement.

See here for the background, and you can see a copy of the order here. As of yesterday afternoon, Fort Bend County has followed suit, though Montgomery County is not going that route at this time. As for Paul Bettencourt, I invite him to swap bodily fluids with Dan Patrick and hope it all works out for him. I’ll prefer to listen to people who know what they’re talking about and care about whether people live or die.

In the meantime:

Gov. Greg Abbott expressed some dissatisfaction Tuesday with how Texans are responding to various measures to curb the coronavirus pandemic, signaling an openness to imposing stricter statewide action soon.

“It’s clear to me that we may not be achieving the level of compliance that is needed,” Abbott said during a news conference in Austin. “That’s why I said before I remain flexible in my statewide standard.

“We will continue to evaluate, based upon all the data, whether or not there needs to be heightened standards and stricter enforcement,” Abbott added.

[…]

However, Abbott’s remarks Tuesday indicated his thinking may be evolving. He said that while he was heading to the news conference, he was “surprised at how many vehicles I saw on the road.” (Austin is home to Travis County, whose stay-at-home order goes into effect at midnight.)

Can’t wait to hear what Bettencourt and Patrick think about that. I mean look, this is already hard, and it will be harder before it begins to get easier. I really am worried about the restaurant scene, which now I can’t do anything to support. I’m hopeful that the stimulus bill will make a difference. (The stock market likes it, which is all that matters to Donald Trump.) But you know what else would be bad for the economy? Having two million people die over the next year. We can still do something about that, but not if we listen to people like Dan Patrick and Paul Bettencourt.