Off the Kuff Rotating Header Image

Everytown

Lawsuit filed over gun sign law

This is interesting.

A church in Clear Lake and a coffeeshop in the Heights are challenging a Texas law that dictates how no-gun signs are displayed.

Bay Area Unitarian Universalist Church and Antidote Coffee allege the signs private properties need to display are meant to make it harder for them to keep out guns and to mark them as anti-gun establishments.

They are represented by gun safety group Everytown Law and Houston law firm Jones Day.

Alla Lefkowitz, director of affirmative litigation at Everytown Law, said property owners who don’t want handguns on their premises have to put up at least two different signs: one prohibiting concealed carry and one for openly carried guns.

And if they don’t want rifles to be carried, which is legal in Texas without a gun license, they need a sign for that too, the suit states.

Notices to exclude concealed carry must use the following language in both English and Spanish and with letters at least one inch in height: “Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun.”

The size requirement makes it hard to impossible to print the signs at home and takes up space that could be used for other messages to patrons, the plaintiffs allege.

“Most states just have a simple requirement for a picture that is a simple pictogram and that says something along the lines of ‘no firearms’ or ‘no weapons,'” Lefkowitz said. “And there’s no evidence that that’s not understood.”

The plaintiffs want the court to declare the sign requirements unconstitutional and that property owners can decide how they want to indicate that they don’t allow guns and that they “need only follow the notice requirements under the General Trespass Law.”

[…]

Michael Cavanaugh, a criminal justice professor at the University of Houston-Downtown, said arguing the case as constitutional rights violations is a tough sell.

“If the court views the hanging of regulatory signs as a first amendment issue, then the coffee shop and church will win,” he said in an email. “However, I think they will see the issue as a simple regulation in which case Texas will win.”

Antidote is in my neighborhood, I may need to drop by and ask them about this. The story quotes one part of the law, for concealed carry, but there’s a separate law (Section 30.07) for open carry, and a separate sign is required to prohibit those as well. There’s no question that the law was designed to make it as hard as possible for entities to post the signs, and it will be interesting to see what the discovery process turns up, assuming this survives a motion to dismiss.

I support the goal here – it should not be this convoluted for a store owner to legally say “no guns in this establishment” – but I have my doubts that a lawsuit can succeed. I agree with Professor Cavanaugh, framing it as a First Amendment issue is probably the best strategy, I just don’t think the federal courts will accept it, not at the Fifth Circuit or at SCOTUS. The downside risk here is that a final ruling might wind up prohibiting a future Democratic Legislature from modifying this law to make it easier for guns to be forbidden by private property owners, decreeing that the gun owners’ rights supersede theirs. Of course, if such a future Democratic Lege passed a law broadening the ability of store owners and churches and what have you to forbid guns on their premises, I’m sure there would be a lawsuit filed against that, and we could wind up in the same place anyway. At some point, we need better courts, too. Until then, this is what we have. Everytown Law’s page about this suit is here, and Legal Newsline has more.

Hegar targets open carry

I’m all in for this.

MJ Hegar

Former Air Force pilot MJ Hegar, a Democrat challenging Republican U.S. Sen. John Cornyn, is calling for an end to open carry.

The issue has never attracted the same sort of urgency from gun safety advocates as expanding background checks or banning assault-style weapons. But advocates say that is changing as protests rage on. They point to the Austin case and other high-profile shootings, including in Kenosha, Wis., where 17-year-old Kyle Rittenhouse is accused of killing two protesters and injuring a third with an AR-15-style rifle.

Like Texas, Wisconsin state law allows for rifles to be carried openly, though the state requires the carrier to be 18, meaning Rittenhouse likely was breaking the law. Police didn’t stop him before the shooting, despite video showing them offering him water.

“These cases are exactly why we need to curb open carry,” Hegar said. “Open carry in this day and age only serves to escalate the division and violence in our communities. Recent incidents show us that open carry is no longer about freedom but violence.”

[…]

Gun violence prevention groups that have backed Hegar — and plan to spend heavily in her favor — say it’s a position that will appeal to suburban voters, especially suburban women, a key demographic Hegar will need to carry if she is to be the first Democrat to win a statewide race in Texas in a generation.

Hegar’s backers believe she’s an ideal messenger on the issue as a mother, gun owner and decorated war veteran.

“We haven’t seen statements like this in a long time, and it goes to her experience,” said Brian Lemek, executive director of the Brady PAC, a group that supports candidates pushing for new gun laws. “How many people out there can say … ‘I took on fire from the Taliban, I have scars to show it.’ She understands the dangers.”

Pro-gun groups say Hegar is just trying to find anything that will help her gain traction as she trails Cornyn in polling and fundraising.

“She’s looking for anything she can get and she’s targeting probably new people who have moved to Texas, probably urban people, urban mothers or women,” said Mike Cox, legislative director of the Texas State Rifle Association. “She’s looking for anything.”

But Hegar — who owns five guns, including a semi-automatic assault-style rifle — has been calling to end open carry since at least last year, well before she won her party’s nomination, when she called open carry “an assault on every bystander within range.”

While the coronavirus and economic downturn have dominated much of the campaign season so far — and Hegar says they will remain the most important issues of the race — polling in Texas has shown support for gun laws, including universal background checks, red flag laws and banning assault-style weapons, especially after mass shootings in El Paso and Midland-Odessa last year.

Polling data shows a solid majority in favor of “sensible gun laws”, but that leaves a lot of room for interpretation. It’s also not clear how much a specific position might persuade someone to cross over to vote for a candidate they otherwise wouldn’t have supported, or how much a strong position on this issue affects turnout on either side. Be that as it may, the only path forward for new gun laws at the federal level begins with a Democratic majority in both chambers of Congress, and so for obvious reasons a Senator MJ Hegar advances that possibility. Federal laws and policies can also influence state laws, but that will depend on a whole other set of elections here. All of that said, I think we can agree that it’s a new day in Texas when a serious contender for statewide office can openly embrace stronger gun laws as a key part of her candidacy. I feel confident saying that hasn’t happened before. Even if she loses, this won’t be a one-off event. Expect to see more of this in the 2022 elections, when serious change at the state level is on the ballot.

Latino voter engagement 2020

We have a poll for that.

Latinos in Texas say they are much more motivated to vote this November than they were in 2016, with gun safety being a big factor after the shooting in El Paso a year ago, according to a new poll.

The survey of 800 Latinos in Texas who are registered to vote found that 57 percent are “much more” motivated to vote in November, with 74 percent saying they are “almost certain” to vote in the presidential race and even more — roughly 80 percent — saying they were “almost certain” to vote in the U.S. Senate and congressional races.

The poll, shared exclusively with Hearst Newspapers, was conducted by the gun safety group Giffords — one of a handful of national advocacy groups that have vowed to make Texas their big target in November — and the Latino Victory Project, a progressive group that seeks to grow Latino political power. The survey carries a margin of error of 3.5 percentage points.

The poll is likely welcome news for Democrats who have long hoped they will be carried to victory statewide by a wave of Latino voters — who make up 30 percent of eligible voters in the state, according to the Pew Research Center. But Latino turnout has lagged, with just 28 percent voting in the 2018 midterms, the lowest of any racial or ethnic group tracked by U.S. Census data.

The poll indicates gun safety could be a motivating factor this time around.

A poll like this is about demonstrating that public opinion aligns with your group’s values, not about any particular race or candidate. As the story notes, multiple gun control groups have pledged to make a big investment in Texas this year. Among other things, they’re going to need to make sure voters are fully informed about who supports or opposes what – the respondents in this poll were not as clear about that in the Senate race, for example, as one would like. We’ll know more when we start seeing the actual ads. In the meantime, know that they’re coming.

The bad guys will be spending a lot in Texas, too

Don’t get complacent.

The Koch-backed Americans For Prosperity is planning an unprecedented push into Texas in 2020, throwing its support behind a slew of Republican candidates and expecting to spend millions as Democrats also commit more resources to the state ahead of November elections.

Americans For Prosperity Action, a super PAC affiliated with the nonprofit funded by billionaire Charles Koch that has long supported conservative causes. It announced Wednesday its plans to spend heavily to support Republicans in three key congressional races in the suburbs of Houston, San Antonio and Dallas. The group also plans to spend seven figures defending U.S. Sen. John Cornyn, for whom it has already spent more than $700,000 on ads, as Democrats try to win their first statewide race in a generation. And it’s supporting a dozen Republicans — and one Democrat — in state House races.

[…]

Americans For Prosperity Action says it plans “robust” spending in three of those races: U.S. Rep. Chip Roy, a Central Texas Republican facing a challenge Davis; Wesley Hunt, an Army veteran challenging Fletcher in the west Houston suburbs; and Genevieve Collins, a Dallas business executive running against Allred.

That support will include ads, direct mail and efforts to reach voters through text messages, phone calls and virtual events.

The group says it has already spent more than $700,000 supporting Cornyn. It plans to run digital ads supporting the Texas Republican constantly through the election, as well as larger ad buys, such as $500,000 it spent on ads just after Super Tuesday.

While the group is mostly throwing its support behind Republicans, it is backing one Democrat this cycle: Longtime state Sen. Eddie Lucio, Jr., locked in an unexpected runoff to hold onto his Brownsville district against Sara Stapleton Barrera, who ran at him from the left.

Yes, that’s Chip “You get coronavirus! And you get coronavirus!” Roy. We’ve begun to see the money for progressive candidates come in. This was inevitable, and it’s in many ways a good sign. They can’t take Texas for granted any more. Now we have to show them their money’s no good here. How sweet will it be for them to spend all that dough and lose?

Here comes Everytown

Bring it.

Gun safety groups planning to spend millions to turn Texas blue this year are rolling out their first round of ads, which say COVID-19 isn’t the only public health crisis facing the state.

Everytown for Gun Safety, the Michael Bloomberg-backed group that plans to spend $8 million in Texas this year, is launching $250,000 in digital ads targeting Republicans including Houston-area U.S. Reps. Dan Crenshaw and Michael McCaul, as well as Central Texas U.S. Rep. Chip Roy.

The group shared the plan exclusively with Hearst Newspapers. It includes ads targeting Central Texas U.S. Rep. John Carter and Beth Van Duyne, a former mayor of Irving running for a Dallas-area congressional seat. The ads say the Republicans “ignored our safety” by opposing universal background checks and other gun laws.

[…]

Everytown isn’t alone in targeting Texas, the top target in 2020 for groups pushing for more restrictive gun laws. BradyPAC, the political affiliate of one of the country’s oldest gun violence prevention groups, plans to spend more than $500,000 on elections in the state, more than it’s spending anywhere in the nation by far.

See here for the background. I approve of the target list, though I assume at some point these groups will turn to the State House races, since taking over the State House serves the goal of winning and holding Congress as well. But part of this is just about boosting Dem turnout, in the places where it grew the most in 2018. That should lift all the boats. The Trib, which has a longer story, has more.

The gun safety fight is coming

Bring it on.

As the coronavirus outbreak ravages fundraising efforts by political campaigns across Texas, the political affiliate of one of the country’s oldest gun violence prevention groups is bringing reinforcements to the state, where it sees Democrats’ efforts to flip the state houses as among the most important races in the nation.

BradyPAC is the latest gun safety group to turn its attention to Texas, planning to spend more than half a million on elections in the state — more than it’s spending anywhere in the nation by far — as it remains the top target in 2020 for groups pushing for new gun laws.

“If you can get Texas passing strong gun laws, I think that sends a really strong message to the rest of the country,” said Brian Lemek, executive director of the political action committee affiliated with Brady, a nonprofit formed in 1974 that advocates for assault weapons bans, red flag laws and stricter gun storage requirements, among other things.

Texas gun rights groups are also stepping up fundraising, warning supporters that they need to help defend 20 seats in the Texas House this fall.

BradyPAC’s spending plans — the full extent of which were shared exclusively with the Houston Chronicle — come as other activists, including the Everytown for Gun Safety group backed by former New York Mayor Mike Bloomberg, have said they plan to spend millions in Texas on an “unprecedented financial and grassroots effort” to flip the Texas House, defend vulnerable freshmen Democrats in Congress and help Democrats take congressional seats in the suburbs.

I read this story and it reminded me that I had drafted a post about Everytown making the same pledge to pour a bunch of money into Texas with an eye towards helping Dems take over the Lege. That was from before the coronavirus madness, so about five hundred years ago in quarantine time. To save myself a bit of typing, here’s what I had written then, which works as well for this story now, plus the extra vigorish of the knowing that our current leadership thinks gun stores are “essential businesses”. Read on for that earlier post.

(more…)

Scenes from the March For Our Lives

From Houston:

Nearly 15,000 descended Saturday morning on downtown Houston for the city’s March For Our Lives, advocating for greater gun control in light of last month’s Florida school shooting.

A mix of children and adults gathered in Houston’s Tranquility Park for the student-led march, many carrying signs that illustrated their fear of violence and demand for legislative action.

“I didn’t know what to expect here today, but I just expect change in the government,” said Austin Luchak, a ninth-grader at The Woodlands College Park High School who attended the march with his father. “I hope they follow through.”

Hundreds of marches are taking place across the country, largely driven by students who are organizing the events. The rally in Washington included Texans like Kay Hopper, a retiree from Austin who showed up with her daughter, son-in-law and grandchild. “I’m hoping that what starts here will change the world in Texas,” Hopper said.

[…]

In Houston, organizers expected 10,000 to 20,000 attendees to gather in Tranquility Park and march toward U.S. Sen. Ted Cruz’s office.

“Today, I hope our voices are heard, because we are the ones that go to school,” said Azariah Haro, a junior from Langham Creek High School in Cy-Fair ISD, who traveled to Saturday’s event with three friends. “I really hope we’re able to make a change.”

As protesters milled about shortly before the 9 a.m. start, volunteers worked to register young voters inspired into political action. Many brought signs voicing opposition to the National Rifle Association, while others implored replacing legislators who have been more supportive of expanded gun rights.

Emphasis mine. I’ll get back to that in a minute. Mayor Turner spoke at the rally, and he announced the creation of the Mayor’s Commission to End Gun Violence. Details will be forthcoming. In the meantime, there were rallies around the state as well.

In more than 800 planned “March for Our Lives” events across the country – including in Austin, Houston and Dallas – students and families protested against gun violence and called on lawmakers to take decisive action.

Thousands clogged Austin’s Congress Ave and gathered outside the pink-domed Capitol building, chanting and applauding as speakers – including Mayor Steve Adler, actor Matthew McConaughey and the local high school students organizers of the event – took their turns rallying the crowd.

“We cannot allow one more child to be shot at school. We cannot allow one more teacher to make the choice to jump in front of an assault rifle,” said state Sen. Kirk Watson, D-Austin. “Not one more.” The crowd broke into chants of “Not one more!” as he spoke.

Many of the speakers at the Austin event pointedly described state lawmakers’ dithering on gun-control laws, and called for reforms – like a ban on assault-style weapons and bolstering the background-check process.

“Now there is not one solution that will prevent mass shootings,” Adler, the mayor, said at one point, “but there are common sense solutions most people can agree upon.” He suggested people on airlines’ “no-fly” lists should be banned from purchasing guns, and said, “if you can’t buy a gun in a gun store, you shouldn’t be able to buy a gun at a gun show.”

Watson dismissed a push to arm school staff and educators with weapons by saying teachers in the state are already-overburdened. “Adding sharpshooter to their list of obligations is ridiculous,” he said.

There were many more marches around the country and around the world as well. These are great to see, but what comes next is of greater importance. There is – correctly – a lot of focus on Congress, as there is a lot that can and should be done at the federal level to reform gun laws. Part of the reason for that is because Democrats have a decent chance of retaking the House, and even if they can’t get the Senate this year, it along with the Presidency are very doable in 2020.

It’s a much bigger challenge at the state level – the Lege isn’t flipping, and statewide offices are very much longshots. But we can make gains, and we can state our goals for state government, which if nothing else can serve as both vision and rallying cry. Right now, though, I don’t know what those goals are – I’m not even sure I could say what they should be. We’re pretty clear on things like education, health care, equality, the environment, and criminal justice, but gun issues have not been in the foreground except for when we have had to play defense. Someone asked me recently if I could point them to a legislative scorecard for gun control, and the only one either of us could find was from the NRA. There are local chapters here of national groups like Everytown for Gun Safety and Moms Demand Action, but again that focus has been on the national scene. We know that if we want to change things in Texas we need to win more elections, but we need the candidates we are electing to have gun safety as one of their mandates. What is it we hope to accomplish on this issue in the Legislature in 2019? That needs to be our starting point.

March For Our Lives rally

On Saturday, March 24, community members from Houston will gather for a “sibling march” as part of the March for Our Lives movement. The march is one of hundreds happening around the country planned by students and survivors of gun violence in communities big and small, in all 50 states. The national day of action will focus on calling for lawmakers to make students’ lives and safety a priority and to pass common-sense gun safety legislation. The March will take place on Saturday, March 24th at Tranquility Park in downtown Houston starting at 9 AM. To RSVP please text March to 644-33 or go on to the Facebook invite to tell organizers you’re coming.

I don’t have to tell you that Texas is a pretty cordial state for gun ownership. The Republican-controlled Legislature has been working to make it more so in recent years, thanks to open carry and campus carry laws. There are quite a few legislators who think we haven’t gone nearly far enough, too. Their endgame is the bizarrely-named “constitutional carry”, in which there are basically no restrictions on ownership or limits on where you can bring your guns. You want to fight back against that, this is a good place to start. It is just a starting place, though, because the ultimate goal is to elect more people who agree that gun ownership and possession can and should be subject to reasonable and rational limits. Some come out to Tranquility Park on Saturday – and be sure to RSVP to the event, so organizers know how many people to expect – and stay engaged and active afterwards. You can live in the world you want, or you can live in the world we have now. The difference between the two is what you make of it.