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George Floyd

Of course there’s a lawsuit against Abbott’s mask order

And of course it involves the usual suspects.

The day Gov. Greg Abbott’s mandate that face masks be worn in most public places across Texas went into effect, a GOP activist and group of conservatives filed a lawsuit in an attempt to block it.

In the lawsuit, filed Friday in Travis County District Court, Houston GOP activist Steven Hotze, former Republican state Rep. Rick Green, former chair of the Republican Party of Texas Cathie Adams and two Houston business owners argue that Abbott’s executive order and the law that gives him the authority to issue it are unconstitutional.

The lawsuit was filed by Jared Woodfill, a Houston attorney and former chairman of the Harris County Republican Party, who has been involved in previous challenges to Abbott’s executive orders. It seeks both a temporary restraining order and permanent injunction against Abbott’s order, which it argues is “an invasion of liberty.”

“Today a mask, tomorrow a hazmat suit — where does it stop? Everyday GA-29 is in effect, the government tramples on the liberties of Texans,” the lawsuit reads.

[…]

The lawsuit questions the science behind wearing face masks to limit the spread of COVID-19, calling it “uncertain.” It points to changing guidance on wearing masks, and suggestions that people who wear face masks for extended periods of time experience reduced oxygen levels.

Public health experts and virologists have debunked similar claims, including that face masks do not reduce oxygen intake. A recent study worked on by researchers from Texas A&M University and the University of Texas at Austin found that wearing a face mask is one of the most effective ways to prevent the transmission of COVID-19.

The lawsuit also points to the more than 2,000 COVID-19 related deaths that have occurred statewide, arguing that a majority of Texans survive COVID-19. As of Thursday, the Texas Department of State Health Services showed at least 2,525 COVID-19 related deaths had been reported.

Compared to “approximately 180,000 deaths in Texas, caused by multiple diseases and accidents” reported by DSHS last year, COVID-19 “has been a trivial cause of disease and death in Texas” the lawsuit reads.

We knew this was coming, didn’t we? This suit also makes claims about the mask order violating the state constitution, in a similar fashion to what the nine million other lawsuits Hotze and Woofill have filed have made. I rounded up all the ones I was aware of here. Apparently – not surprisingly, but I hadn’t seen any other mention of it – they also filed suit against Judge Lina Hidalgo’s business-focused mask order. You can see a bit of this latest lawsuit here.

I think my favorite bit in this lawsuit, ahead of the science denial and cherry-picking, is the blithe dismissal of over 2000 deaths so far in Texas due to COVID-19. I will remind you, Hotze and his co-plaintiffs are among the most fanatical anti-abortion zealots in the state, because in that context all life is precious to them. Never is the old saw about Republicans valuing life only until the point of birth more clearly expressed than when Steven Hotze does it.

And yet there’s so much more to the Steven Hotze experience.

In the days after George Floyd’s death in police custody in Minneapolis last month, as massive protests against police brutality spread across Texas and other states, conservative power broker Steve Hotze of Houston called Gov. Greg Abbott’s chief of staff to pass along a message.

“I want you to give a message to the governor,” Hotze told Abbott’s chief of staff, Luis Saenz, in a voicemail. “I want to make sure that he has National Guard down here and they have the order to shoot to kill if any of these son-of-a-bitch people start rioting like they have in Dallas, start tearing down businesses — shoot to kill the son of a bitches. That’s the only way you restore order. Kill ‘em. Thank you.”

The voicemail, which The Texas Tribune obtained Friday via a public information request, came on the weekend of June 6, several days after Abbott activated the Texas National Guard as some of the protests became violent. It is unclear whether Saenz responded, and Abbott’s office declined to comment on the voicemail.

What a guy, huh? And such a wonderful exemplar for modern Christianity, as practiced by mostly conservative white people. I will just note that while the Trib may have gotten that voicemail via a public information request, it surely was not the case that someone at the Trib idly mused to themselves that now was a good time to make a public information request for recent voicemails received by Greg Abbott’s staff. Someone tipped them off about it, and kudos to them for doing so. The man is a plague, and has been for a long time. It’s the Republicans who need to realize that and find ways to diminish the power he wields.

Steps towards more transparency

Step One:

Mayor Sylvester Turner said Friday he is reviewing an internal audit of the Houston Police Department’s embattled narcotics division and will send the results of the probe to state lawmakers who have called for its public release.

Turner revealed the news days after state Rep. Gene Wu, D-Houston, authored a letter signed by seven other House members that called on Police Chief Art Acevedo to publicly release the audit’s findings.

Acevedo ordered the internal probe after the deadly 2019 raid at 7815 Harding St., which ended with the deaths of the home’s two residents and left four police officers shot. Investigators subsequently said that the officer who orchestrated the raid lied to get the warrant used in the operation. That officer, Gerald Goines, has been charged with murder and faces federal civil rights charges.

Twice in the last two weeks, Turner has declined to say whether the audit should be released, and he had not admitted to reviewing it himself until Friday. He said he is giving lawmakers access to the audit as long as they promise not to reveal it to the public.

“As I go through the audit — and I’m going through it now — you don’t want to disclose the identity of officers who have been acting undercover and expose them to risk,” Turner said after a roundtable on police reform at City Hall. “But I do understand the importance of making it available to our legislative colleagues, so that they can see it for themselves.”

[…]

Wu on Friday said it was not enough to release the audit only to lawmakers.

“This is an investigation of a public agency, of public servants’ wrongdoing,” he said. “It’s absolutely 100 percent in the public interest and right to know what public servants are doing. I cannot imagine we would tolerate this from any other city or state agency where we suspected rogue employees or individuals. The public not only has a right to know, it needs to know.”

Rosenthal echoed Wu in calling for the report to go directly to the public, not House members.

“Taxpayers paid for that report, they pay for that department, it belongs to the people,” Rosenthal said. “I’m disappointed they would ask us to not send it to the people. Our ask was that it be made public.”

State Rep. Garnet Coleman, D-Houston, said he “appreciates” Turner’s decision to allow lawmakers to review the audit.

“I think it’s important in this time that transparency is there. In a strong mayor form of government, that is a call the mayor can make,” he said. “I still think it should be public, that hasn’t changed.”

I say again, release the audit. If there are some people named in it who are not under any suspicion or who have no connection to the underlying problems, then go ahead and redact them out of it. Otherwise, I agree completely with what the representatives are saying. This is information for the public.

Step Two:

A group of 20 marched through drizzling rain on the downtown Houston streets Friday where thousands had just gathered for George Floyd, now demanding justice for a Hispanic man killed by police in April.

The rally ended in front of the Harris County Criminal Justice Center, where about a dozen more supporters joined and called for Houston police to release body camera footage of the incident in which 27-year-old Nicolas Chavez was fatally shot by lawmen while, according to a cell-phone video of the encounter, on his knees.

“I know that they’re going to make him look bad and they’re going to try to justify what they did,” said his mother, Leantha Chavez. “In the end, it doesn’t matter what he did. He was on his knees when they shot him and he was unarmed.”

Chavez’s family and friends emphasized that he seemed to be undergoing a mental crisis. His 5-year-old son stood nearby during the gathering outside of the courthouse, holding a sign that read, “Abolish the police!”

Houston Police Department spokesman Kese Smith said while the family viewed their footage, the agency needs to consult with the Harris County District Attorney’s Office before releasing video to the public.

“The family’s wishes are obviously a very important part of it, but we have to have conversations with the District Attorney’s Office as well,” Smith said.

“We are certainly available to police if they want to discuss concerns about body cam videos or any other evidence,” said Dane Schiller, spokesman for the Harris County District Attorney’s Office. “We independently review all officer-involved shootings and we present all the evidence in every instance to a grand jurors, regardless of whether it has previously been made public, so they can determine whether a criminal charge is warranted.”

Houston Police Chief Art Acevedo has asked the FBI to review the April 21 death of Chavez. He called the cell phone video “difficult” to watch but has yet to make public any of the police department’s roughly 70 videos that captured the shooting.

The whole point of body cameras, and the reason why there was such a demand for them in recent years, is precisely because they can shed light on contentious and disputed interactions between the police and the public. If the DA needs some time to review the footage to determine whether or not to bring charges, that’s fine, but let’s not draw this out any longer than necessary. This is, again, information for the public. Let’s act accordingly.

Release the audit

That’s my three-word response to this.

A growing chorus of elected officials is calling on Houston Police Chief Art Acevedo to release the findings of an internal audit on his department’s narcotics division, arguing that the chief’s refusal to do so contradicts his vows to be transparent and accountable.

Acevedo ordered the internal probe after the deadly 2019 raid at 7815 Harding St., which ended with the deaths of two homeowners and left four police officers shot. Investigators subsequently said that the officer who orchestrated the raid lied to get the warrant he used in the operation.

Now, with the death of George Floyd in Minnesota galvanizing worldwide protests and searing scrutiny of police departments across the country, state Reps. Anna Eastman, Christina Morales, Jon Rosenthal, Senfronia Thompson and Gene Wu are renewing their call from March for Acevedo to release the audit. And they are joined by three other members of the Texas House — Garnet Coleman, Gina Calanni and Mary Ann Perez — along with U.S. Rep. Sheila Jackson Lee and more than half of Houston City Council.

Wu, who wrote both letters, said that the chief’s reluctance to release the audit is at odds with his past pledges to be transparent and hold officers accountable.

“The violations of policies, procedures and laws by officers in the Narcotics Division must be made known to the public,” wrote Wu, D-Houston. “If there are other officers who have repeatedly broken the law, the continued concealment of their behavior does a gross disservice to reputations of officers who are doing their jobs well.”

You can read the rest, and you can see a copy of the letter here; page two is visible on Dos Centavos, which is where the signatures are. I mean, being transparent means doing stuff like this. If there really is some content in that audit that might affect prosecutions, a little redaction is acceptable, as long as the substance of the report is not changed. But come on, either you meant it when you said you wanted to be transparent or you didn’t. Show us what you meant.

On a related note:

The mayor shouldn’t pretend that the calls for police reform were suddenly sprung on him this week. His own transition team in 2016 made a litany of reform recommendations. Our organizations participated in the committee, as did senior members of the mayor’s administration. Then in 2017, city council spent $565,000 on a 10-year financial plan that included recommendations to cut some of the 75 percent of the budget spent on public safety over that time span.

Houston does not need another study. What we need is action on the existing recommendations for police reform. After participating in the transition committee, our organizations established the Right2Justice Coalition. We have met regularly to address ongoing issues of policing and criminal justice in Houston and Harris County. Today, we are publishing a progress report of existing recommendations from Turner’s 2016 Transition Committee on Criminal Justice and the 2017 10-year financial plan.

The progress report shows that the city has implemented only a few of the recommended reforms, the most significant being the consolidation of the city’s jails with Harris County in 2019. It has failed to adopt recommendations to develop, in partnership with grassroots organizations, a plan for community policing, to enact a cite-and-release policy to divert people accused of minor offenses from the criminal justice system, to combine 211 and 311 to better meet residents’ needs for non-police services, and to implement a body cam video release policy that “maximizes public access to footage in a prompt manner.”

And instead of civilianizing 443 positions as the 10-year plan recommends to save $5-10 million, the administration has increased the number of officers by 81 and shrunk the number of civilian positions by 258.

Delays in implementing these recommendations in the last three years have further eroded public trust. Turner and Houston Police Chief Art Acevedo’s actions speak louder than words — by that standard, their message is unchanged.

C’mon, guys. The time for action is now. You promised it, we want it. I know you can do it. Don’t let us down.

A few bumps in the road for the NBA

How’s that season restarting going?

A month ago, superstar players got on a Zoom call and reportedly created a united front to support a safe return to play. A lot has changed since. Last week, the 28 NBPA player representatives all voted in favor of the league’s proposal (which was approved by the board of governors the day before). But a closer look at the NBPA statement shows that the vote was strictly an approval of “further negotiations” with a caveat that “various details” were still to be negotiated.

Now that we’ve arrived at those various details, different parties have started to speak up with dissenting opinions. Last week, commissioner Adam Silver was fielding concerns about whether older coaches would be allowed to sit on the bench. On Wednesday, ESPN reported that a faction of players is hesitant to restart the season because of a policy that wouldn’t allow visitors until the first round of the playoffs, as well as a lack of motivation for teams unlikely to compete for the championship. Yahoo Sports reported Friday that a “significant” number of players were upset about not having a vote in approving the proposal and that some were reluctant to express their opinion to star players who want to play. Kyrie Irving, who is a vice president of the players union, was reported to be pushing for players to reconsider the planned restart.

[…]

One of the main concerns is that some players believe a return to play would detract from the current protest movement prompted by the killing of George Floyd by police in Minneapolis. Some players have already participated in the nationwide protests, and many have spoken out against police brutality on social media, including LeBron James, who yesterday announced plans to form a voting rights group with other athletes and celebrities. Malcolm Brogdon said on The JJ Redick Podcast that there are players who are interested in sitting out the rest of the season as part of a protest. Garrett Temple, meanwhile, told The Ringer that he believed going to Orlando was the right move and that being there a month before tipoff would give players the opportunity to come up with a plan to send a message.

“When you take a stance on things, you do that to bring attention,” said Temple, who is also an NBPA VP and represented the Nets in the player vote. “Then, after that, you have to actually do something to cause change … so whatever we do, it needs to be something that can cause tangible change in our community, in our game, in our country.”

That initial agreement was reached almost two weeks ago. Players were also surprised to find that the Disney/ESPN quarantine “bubble” doesn’t include Disney/ESPN employees, who will come and go from the site as before. Sure looks like a bit of a risk factor there. Even Commissioner Adam Silver is saying there are still issues to work out, and maybe this won’t be for every player. It still seems likely that the NBA will restart, but (no pun intended) it’s not a slam dunk. Things change fast, and time is limited. Until the teams actually start practicing and games get put on the schedule, it’s not a done deal.

Since I mentioned MLB in that earlier update, which at the time looked to be providing a “don’t be like this” contrast to the NBA, here’s one more Fangraphs article to read about how much the players were willing to negotiate versus how much the owners were willing to negotiate. That forthcoming grievance is gonna be something else.

What are we going to do about that Independent Police Oversight Board?

The easy answer is “make it better”, it’s how you do that that’s harder.

As protests over George Floyd’s death swept the nation, activists in Houston cried out for police reform. Among their demands: Give us an independent police watchdog.

One already exists, city officials said: Houston’s Independent Police Oversight Board.

But the board lacks meaningful power, with one longtime civil rights activist calling it “window dressing.”

Houston’s Independent Police Oversight Board, which reviews investigations completed by the Houston Police Department’s internal affairs division, meets at police headquarters. It cannot launch its own inquiries or accept complaints directly from civilians. Members are forbidden from discussing any of the cases they review — even with the mayor or other public officials. Its sparse website includes instructions on how to file a complaint with police, but little information on the board’s own work. It lacks the power to subpoena documents or compel officer testimony. It’s a volunteer body appointed by the mayor and has no professional staff. And when members of the oversight board make policy recommendations, they often never find out what happens to their suggestions, current and former members told the Chronicle.

“It’s clear if we had additional clout, we could do more and better work,” said Gerald Birnberg, a Houston attorney who serves on the oversight board. “It feels like we’re working in the dark.”

As America reckons with racism and calls to address police violence, critics say Houston’s police oversight board is inadequate. Those who argue against change say the board has sufficient power and lacks training to investigate or issue subpoenas.

[…]

The board can make recommendations to the chief related to disciplinary action, policies and training, but the chief has the final say.

While members are forbidden from discussing the cases they review, some of their recommendations became public in a police brutality lawsuit filed after the 2012 police killing of Kenny Releford.

HPD was forced to turn over internal affairs files related to several shootings, with recommendations filed by the IPOB and its earlier incarnation. When the board reviewed the July 2012 shooting of Rufino Lara, two members of the panel wrote notes urging de-escalation training.

The officer should not have “fired her gun on someone who was not pointing or near to pointing a dangerous weapon toward her,” one member wrote. “Better training needs to be provided.”

The majority agreed with the department’s conclusions, but all checked off boxes indicating training had not been sufficient.

The police department also maintains discretion in deciding what records to release to the oversight board, though board member Kristin Anderson, a psychology professor at the University of Houston-Downtown, said members “see all documents associated with any case” that comes to the board.

She said the public deserves transparency, but said granting the board subpoena power is a “red herring” and would not give members “the ability to tell if a cop is lying.”

Birnberg said board members do not have unfettered, immediate access to all the records they request. He recalled seeing cases where board members were told obtaining an autopsy would take four months — far longer than the two-week period the board’s panels have to review individual cases.

“I don’t know if the chief is aware of the structural impediments to the panels getting meaningful information at the time they’re supposed to be ruling on the cases,” he added.

[…]

Houston attorney Joe Melugin, who spent three years suing the Houston Police Department over the shooting death of Kenny Releford, said he disagrees with those who say holding police legally accountable police should be left to the district attorney.

“Until the city fires police officers for abuses of power and unjustified violence, and until the DA prosecutes police the same as any of the rest of us, then the problems with police abuses of power will persist regardless of changes to the IPOB,” he said. “We must change how the police force exists and operates in our city.”

There’s a lot of back and forth in the story about what the IPOB can and cannot do, and I’m not in a position to assess the claims. I agree with Joe Melugin, the ultimate goal needs to be accountability, where bad cops are fired and cops who break the law are arrested and prosecuted like anyone else would be. Surely if that had always been the case, we wouldn’t be in the position we’re in right now. As for the “how do we get there” part of the discussion, I basically agree with the Houston Justice Coalition demands:

1. Uniform Body Camera Policy

The current body cam policy is a disjointed mess. Cameras are not on consistently. According to a KHOU investigative report completed in 2017, very few tapes were released to the public upon request. We demand that cameras run and that all tapes are released within 24 hours upon request.

2. Transparent Tracking of Complaints

When a complaint is made on an officer, there is no way to know the status of the complaint. The timelines for followup are egregious, and often aren’t even followed. Houstonians who want to hold police accountable must have a clear system with expedient, easily accessed methods of feedback between them and HPD to ensure that officers face consequences when they violate policy and civil rights.

3. Citizens Review Board with Subpoena Power

A citizens review board must have the power to bring officers in for questioning and possibly for charges and repercussions. Otherwise, a board is simply an artificial token, not an arbiter of true justice. We demand that a citizens review board chosen by The People, unchecked by the Houston Police Officers Union or City Hall, be formed immediately and granted with the power to subpoena law enforcement—full stop.

Maybe subpoena power isn’t all that, but let’s try it first and see where it gets us.

Let’s fix the Sandra Bland Act

Let’s make it what it was supposed to have been in the first place.

Sandra Bland

After Sandra Bland’s death in a rural Texas jail drew outrage across the nation, two Texas lawmakers filed a comprehensive bill to address racial profiling during traffic stops, ban police from stopping drivers on a traffic violation as a pretext to investigate other potential crimes, limit police searches of vehicles and other jail and policing reforms.

But by the time the Legislature passed it, most of the sweeping provisions related to policing had been stripped out.

Now, on the heels of the death of George Floyd, those lawmakers say they’re determined to try again to push those reforms through when the Legislature reconvenes in January 2021.

State Sen. John Whitmire and state Rep. Garnet Coleman, both Houston Democrats who chair relevant committees in their respective chambers, said in a joint news release Tuesday they would continue to work together on criminal justice reform efforts next year. Whitmire’s chief of staff and Coleman confirmed to The Texas Tribune that they will begin with pushing again for measures they hoped to achieve with the 2017 law — like investigations into racial profiling and officer consequences. Many provisions were removed from the bill after law enforcement opposition.

[…]

Coleman told the Tribune on Tuesday that he and Whitmire will start with filing legislation that was removed from the Sandra Bland Act in 2017, such as measures to increase the standards by which law enforcement can stop and search a vehicle and ban law enforcement from stopping drivers for minor traffic violations to allow an officer to look into other suspicions. Coleman said they will also look at filing measures related to what constituents are asking for in the wake of Floyd’s death, “specifically getting rid of choke holds” and ensuring that, “if a peace officer is standing around watching their colleague do something wrong, that they must intervene.”

See here for some background. The Chron adds some details.

Lawmakers in 2019 tried to revive the limitation on arrests but faced steep opposition from police unions and lost support from some Democrats who disagreed with parts of its language that they felt gave police too much discretion.

This time around, however, Gov. Greg Abbott is already speaking publicly in support of legislation that would prevent a death like Floyd’s from happening in Texas, which he called a “horrific act of police brutality” in a news conference Tuesday.

State Rep. Garnet Coleman, the Houston Democrat who authored the Sandra Bland Act, was listening.

“When Sandra Bland happened, we didn’t have Gov. Abbott coming out and saying that this was appalling,” said Coleman, a member of the newly formed bipartisan House Criminal Justice Reform Caucus. “We do on this case. Across the country, people who ordinarily would not side with the protesters in terms of what happened, they are. We have peace officers kneeling with protesters saying enough is enough. … That’s the great thing about life. Things can evolve.”

[…]

The Sandra Bland Act has already seen some early success: According to the Texas Commission on Jail Standards, the number of annual suicides declined by 50 percent from 35 in 2015 to 17 in 2018 after the implementation of new standards for mentally ill inmates and independent investigations of jail deaths

Rep. Jeff Leach, R-Plano, who leads the House Criminal Justice Reform Caucus, said he also hopes to bring back discussion of the misdemeanor arrest restrictions missing from the Bland Act, as well as reforms of grand juries and the death penalty.

“It’s just a nightmare scenario with not only Mr. Floyd’s death but all of the stories — they’ve got to compel us not just to say the right things but to do the right things,” Leach said. “So, yes, my hope is that we will come together quickly and act, and I think you’re going to see the House and Senate do that next session.”

Other reforms lawmakers’ said they’d like to revisit in 2021 include deeper training on racial bias, stronger laws to prevent racial profiling in arrests and, like the Blands, ending “pretext stops.”

[…]

The fiercest political opposition has tended to come from police unions, including the Combined Law Enforcement Associations of Texas, better known as CLEAT.

Last session, the group fought the measure blocking arrests for class C, low-level misdemeanors because of a concern about taking away officer discretion.

It also opposed a bill written by state Rep. Joe Moody, D-El Paso, that would have made more records regarding in-custody death public. The police union said it was concerned that alleged misconduct would become public before the completion of an investigation.

After a bitter fight, the group declined to meet with Moody and certain other lawmakers.

“There’s a philosophical shift that we have to undertake next session,” Moody said. “Being told that we can’t even have a conversation about it, that is a nonstarter. We are going to have a conversation about this. … So while some cop lobbyist in Austin says we’re not allowed to talk about it, it’s not his decision to make. It’s our decision to make, and we have to get to work on this in a real way.”

There’s lots of things the Lege could do, and this all sounds like a good start. Overcoming opposition from law enforcement will be the main challenge. The head guy at CLEAT says they’re willing to talk to anyone speaking “in good faith”, and you can take that as you see fit. As I see it, they’re welcome to sit at our table if they have something constructive to offer, but no one has to go sit at theirs if they don’t want to. This session looks like the best opportunity to take positive action. Let’s keep that momentum going.

UPDATE: Well, what do you know?

In the first statewide policy change since George Floyd’s death shook the nation, the Texas agency that regulates police has agreed to add implicit bias training to a course required for every officer, upon the request of Houston Democratic state Rep. Garnet Coleman.

The requirement was one that had been included in an early iteration, but not the final version, of the 2017 Sandra Bland Act, which requires all officers to take de-escalation training.

This time, Coleman went a different route and simply asked the Texas Commission on Law Enforcement if it would make the change administratively as opposed to waiting for new legislation. To his delight, the commission responded a day later that it would adopt the policy.

Coleman said he will work with the agency on crafting and finalizing curriculum, but the purpose will be to train officers about the possibility that they may be unconsciously carrying preconceived notions or prejudices that can affect their actions on the job.

“It does what the public is asking for,” Coleman said. “When a police officer doesn’t understand that they have this bias, the only way to change it is for them to recognize that they have a bias that may be a racial bias.

“When people say, ‘How do you change how people think?’ This is how you change how people think.”

Who knew it could be that easy? May the rest of it be the same.

The current status on local police reform efforts

Well, the budget amendment process didn’t do much.

CM Letitia Plummer

City Council on Wednesday unanimously approved Mayor Sylvester Turner’s $5.1 billion budget for the next fiscal year, slightly increasing funds for the Houston Police Department even as some cities are under pressure to cut law enforcement spending amid nationwide protest over police violence and the death of George Floyd.

As the council took up budget, chants of “Black lives matter” and “No justice, no peace” could be heard from protesters outside City Hall. Dozens of police reform advocates had asked city council the day before to divert funding from HPD’s massive budget to other services, such as health care and affordable housing.

Instead, the $965 million approved for HPD represents a 2 percent, or $19 million, increase over the current year. The overall city budget is up 1 percent.

The police department takes up more than a third of the tax- and fee-supported general fund, which pays for most of the city’s day-to-day operations. Much of the HPD increase is due to a 3 percent raise for officers under a 2018 labor contract that expires in December.

Turner, who later Wednesday signed an executive order on police reform, offered a passionate defense of the HPD budget, arguing that Houston has a shortage of police officers compared to other large cities. He often has pointed out that Houston, with a population of 2.3 million people and an area of more than 650 square miles, has 5,300 officers; Chicago, with a population of 2.7 million and 275 square miles, has about 12,000.

[…]

At-Large Council member Letitia Plummer proposed an amendment that would cut 199 vacant positions in the police department and redirect that money toward a slew of reforms, including giving the Independent Police Oversight Board subpoena power and boosting funds for mental health units and re-entry programs. Plummer’s amendments failed without the support of any other council member.

At one point, Plummer held up a heavily redacted HPD use-of-force policy, which she said the department gave her office when it requested a copy.

“We started the conversation on police reform. Not one of my amendments passed but I know that I stand on the right side of history,” said Plummer, who addressed the protesters outside after the vote. “That is the most important takeaway. I answer to the people who elected me. I will be holding the (mayor’s) task force accountable.”

The mayor did support an amendment from Councilmember Ed Pollard that would set up a public website where residents could browse complaints about police misconduct. The mayor said the site could work alongside the executive order he signed later Wednesday, and Pollard’s amendment was referred to the legal department for implementation.

I’ll get to the executive order in a minute. I know folks are upset by the failure of CM Plummer’s amendment. It is disappointing, but it’s not surprising. Stuff just doesn’t happen that fast in Houston. There’s almost always a need to build a broad base of support for significant changes, and that takes time. The good news is that CM Plummer’s proposals, especially redirecting certain kinds of 911 calls away from police and towards social workers, has a lot of merit and should garner a lot of support as more people learn about them. Making this a goal for the next budget is very doable, I think.

Now, as for that executive order:

The executive order embraces some measures laid out in the #8cantwait campaign, including: requiring officers to de-escalate, give a verbal warning and exhaust all other options before using deadly force; mandating that they intercede when they witness misconduct; forbidding choke-holds and firing at moving vehicles; and reporting all use of force to the Independent Police Oversight Board.

It also prohibits serving no-knock warrants unless the chief or his designee approves them in writing. A botched raid on Harding Street last year left two people dead, several officers wounded and two narcotics officers charged with crimes. It also has prompted the Harris County district attorney’s office to review and seek the dismissal of scores of drug cases involving one of the indicted officers, Gerald Goines.

“This is not the end,” Turner said, adding that thousands of residents protesting the May 25 death of Houston native George Floyd while in police custody in Minneapolis made his executive order possible. “In the absence of people that stood up, marched, protested, this would not be happening.”

Several of the requirements — the duty-to-interfere requirement, bans on choke-holds, and prohibiting firing at moving weapons — were already HPD policies, and some experts have cast doubt on whether the #8cantwait reforms have resulted in measurable progress in the cities that have adopted them.

Houston Police Chief Art Acevedo said the reforms were meaningful in that they now are codified at City Hall. A new chief cannot come in later and undo the policies without going through the mayor’s office, he said.

“I think it is a huge, watershed moment,” he said.

See here for the background. A group called the #Right2Justice coalition put out this statement afterward:

“Mayor Turner promised bold reform on policing in Houston. Instead, his executive order on use of force is largely a restatement of existing policy. It makes little meaningful progress at a moment when tens of thousands of people have taken to the streets demanding change. Several of the requirements — the duty-to-interfere requirement, a partial ban on choke-holds, and prohibiting firing at moving vehicles — were either restatements of police best practices or already Houston Police Department policy or practice. Last year, the Houston Police Department forcibly entered a home to search it without warning. Two residents were killed, and four officers were shot. The executive order does nothing to prevent this kind of no-knock raid from happening again.

“The Houston Police Department has killed six people in the last two months. This moment demands meaningful change: new policies to require automatic release of body cam footage of police misconduct and eliminate no-knock warrants, and significant investments in diversion like those Harris County made yesterday. This executive order is not the meaningful reform we need.”

This coalition includes ACLU of Texas, Anti-Defamation League, Houston Immigration Legal Services Collaborative, Immigrant Resource Legal Center (IRLC), Texas Appleseed, Texas Civil Rights Project, Texas Organizing Project, and United We Dream. I checked several websites and Twitter feeds and could not find this statement on any of them. The ACLU of Texas Twitter did retweet Chron reporter Jasper Scherer, who tweeted an image of the statement. I feel like there is room for improvement here.

Anyway. I agree with Chief Acevedo that this means the next HPD Chief can’t just come in and throw this stuff out, and that’s good. But the next Mayor could throw it out, so we need to keep that in mind. A big question here is what happens when someone violates this order in some fashion. What are the consequences, and how will they be enforced? That needs to be addressed.

Also, too, that task force. I saw somewhere, but now can’t remember where, that Mayor Turner expects them to give a report in three months. That’s good, we need to have a deadline and a promise of a report, but that’s still just a starting point. There needs to be a plan to enact whatever this task force recommends as well.

Did you notice that bit in the budget story about the police union contract, which expires in December? That’s another opportunity to make positive changes, as Ashton Woods opines:

Under Article 30 of the contract, when a complaint is filed against an officer, the accused officer receives all copies and files associated with the complaint against them. They then have 48 hours to review the complaint against them, talk to a lawyer, and get their story together. All of this happens before they are required to give a statement to their supervisor. This “48-hour rule” insulates them from questioning and gives cops a privilege that no civilian gets.

Article 26 grants a committee of officers the power to appoint the 12 “independent hearing examiners” who get the final say in officer discipline for misconduct. But these examiners are not actually independent, as half of them are appointed by the police chief and the other half by the union. In other words, when an officer has been disciplined for misconduct and appeals that discipline, these cop-appointed examiners get to make the final call. Because the union gets to pick 50 percent of the examiners, they effectively have veto power. This gives the police union, the most outspoken opponent of police reform, a startling amount of control over officer discipline.

You may have noticed that there’s a huge piece of the puzzle missing: community oversight. While Houston technically has an Independent Police Oversight Board, this board has no subpoena power and no direct discipline authority, making it one of the weakest and least effective community oversight boards in the nation. According to the City of Houston website, the board can’t even take complaints directly from civilians. All complaints are reviewed by HPD.

As noted before, District B candidate Tarsha Jackson has recommended these and other changes as well. As much as anything, the key here is paying attention and making clear what we want to happen.

Finally, there was action taken by Commissioners Court.

Harris County’s sheriff and eight constables voiced support Wednesday for some of the policing and criminal justice reform measures approved by Commissioners Court hours after George Floyd, a longtime Houstonian killed by Minneapolis police was laid to rest.

In a session that stretched past midnight, Commissioners Court on Tuesday approved 10 reform-minded items inspired by the nationwide protests following Floyd’s May 25 video-recorded death, including a pledge to examine how to create a civilian oversight board with subpoena power, adopt a countywide use-of-force policy for officers and establish a database of use-of-force incidents.

Precinct 4 Constable Mark Herman said all eight constables met for several hours Wednesday morning to discuss the proposals. The group was unanimous in favor of adopting a universal use-of-force policy and sharing documents, including video, to help the county create a public log of violent police encounters.

“We’re in agreement to work with Judge Hidalgo’s group and be transparent and show any use of force we have,” Herman said.

Precinct 3’s Sherman Eagleton, one of two African-American constables, said the group did not come to a conclusion about welcoming more civilian oversight. He said Floyd’s killing had already spurred the constables to review their policies, though the group needs more time to evaluate the Commissioners Court proposals.

“That civilian review board might be a good thing once we find out more about it,” he said.

[…]

During the discussion Tuesday evening on creating a database of use-of-force incidents, First Assistant County Attorney Robert Soard warned court members they were perilously close to exceeding their authority by setting policy for other elected officials.

County Judge Lina Hidalgo agreed to amend the item to make clear that participation by agencies would be voluntary. She said video footage, however, often is crucial in exposing misconduct by police, as was the case in Floyd’s killing.

“How many times has this kind of thing happened and it just so happens that no one was taking a video, and so we didn’t know?” she said.

Precinct 1 Commissioner Rodney Ellis said he was open to testing the limits of the court’s power even if that meant an issue needed to be resolved in state court. He said Commissioners Court’s passage of the items also could force the elected law enforcement officials to confront those issues.

“We do have the right to put the public pressure on, you got me?” Ellis said.

See here for the background. This is a good step forward, and it clearly does require the cooperation of the constables. As with the Houston items, we need to keep track of the progress made, and revisit these items in a year or so to ensure they have had the desired effect, with an eye towards doing more as needed.

Don’t forget about school police

Maybe we can take another crack at breaking the school-to-prison pipeline.

Several social justice organizations called Monday for Houston ISD to eliminate its police department and contract with local law enforcement agencies, whose officers would respond only to emergency situations on campuses.

In a letter to HISD Interim Superintendent Grenita Lathan, the organizations’ leaders argued police officers make students feel less safe in school and drain funds that could be better spent on mental health counselors and social workers. The organizations are Disability Rights Texas, ONE Houston, Texas Appleseed, Children’s Defense Fund Texas and the Earl Carl Institute at Texas Southern University.

“All children have a right to feel safe and supported at a school, and the police officer’s presence makes some kids feel less safe,” said Karmel Willis, an attorney for Disability Rights Texas. “I don’t think people always look at that.”

The effort follows the death last month of Houston native George Floyd, who stopped breathing after Minneapolis Police Officer Derek Chauvin kneeled on his back and neck for nearly nine minutes. Floyd’s death has triggered nationwide calls for police reform.

School districts throughout the U.S. have increased the presence of police in schools and installed more security measures in recent years following numerous on-campus mass shootings. About 30 miles southeast of HISD, a student is accused of fatally shooting 10 people at Santa Fe High School in 2018.

In a statement Monday, HISD’s administration said its leadership “requires time to thoroughly examine this proposal.

Lathan is proposing to spend an additional $3.5 million in 2020-21 on raises for HISD police officers, whose salaries trail those of Houston Police Department officers. Trustees are scheduled to vote Thursday on the 2020-21 budget.

HISD Board President Sue Deigaard said she has talked to Lathan in recent days about evaluating the district police department’s policies, practices and patterns. However, she said a “bigger conversation” is needed before making major changes to HISD’s police force.

“That is something that should be open for discussion as a board,” Deigaard said. “But we need to balance that conversation, especially in a world we live in with outside threats to our students.”

[…]

HISD Trustee Kathy Blueford-Daniels, who represents some campuses with the area’s highest disciplinary rates, said she would not support eliminating the district’s police department this month or in the future.

“I can’t emphasize enough that the most important thing we can think about as board members is to ensure our children get to school safely and return home safely,” Blueford-Daniels said. “Heaven forbid that something should happen like it did in Santa Fe and there’s no one there to protect them.”

Clearly, there’s a need to discuss this at some length. Similar proposals are being made at other school districts as well. The problem with having police officers inside schools is that they tend to do the things that police officers do, which is write tickets and make arrests for things that would have been handled as internal school disciplinary matters had they not been there (*). Note the bit in that report about “the broad discretion given to school police officers to use pepper spray, Tasers and other types of force” inside schools, and the lack of transparency about same. That was from 2011. Now here’s a quote from the Houston Public Media story about this same proposal:

“They have tear gas, rubber bullets, battering rams,” said Sarah Guidry, director of the Earl Carl Institute at Texas Southern University. “They started getting this equipment, as if they were going to war. And if that’s your philosophy — ‘we’re ready to go to war’ — then it’s going to be easier for you to go to war as opposed to helping somebody.”

It’s almost as if these problems have been around for a long time, without anything being done about it. Note also that the number of armed police officers in schools increased in 2018 following the Santa Fe school shooting.

I doubt that the HISD Board will support cutting out their police department, but now is an excellent time to bring the subject up and make a plan to start drastically reducing police presence in our schools. I look at it this way: I attended public middle and high school in New York City between 1978 and 1984, when the crime rate was way, way higher than it is now. Neither of those schools had any police presence in them. Schools are for learning, not for policing. This is a great time to push for real reform here as well.

(*) To be fair, internal school disciplinary processes are often quite problematic on their own. But one step at a time. Grits has more.

Budget amendments and a fight over police reform

That’s your City Council agenda for today.

City council members have authored more than four dozen amendments to Mayor Sylvester Turner’s proposed budget to trim spending, create new sources of revenue and expand police accountability measures.

Council members will take up the proposals Wednesday when they consider the mayor’s $5.1 billion budget plan, which is coming forward at an especially fraught moment. The city’s usual budget challenges have been aggravated by the economic crisis tied to COVID-19, while activists are gaining traction around the country in their calls to defund or scale back police departments after the death of Houston native George Floyd.

Many of the 50 budget amendments are a direct response to those topics, including one from Councilwoman Amy Peck that would establish a group to audit all city departments and programs, then recommend whether they should be continued with certain changes, folded into another program or dissolved altogether.

The process would in some ways parallel the zero-based budgeting process used for Turner’s spending plan, which required department heads to analyze every function and justify each dollar spent rather than adding to existing budgets. Peck said Turner’s administration never showed council members the detailed results of zero-based budgeting — and her so-called sunset review commission has a broader scope.

“With the sunset review, it’s looking at every line item, but it goes past that,” she said. “It involves citizens and stakeholders and really gets into whether (the program is) serving the constituents, whether there are ways to consolidate, if there are technology advances to make. There could be some program within a department that’s just not needed anymore.”

Other cost-cutting amendments include Councilwoman Sallie Alcorn’s proposal to study where Houston and Harris County can join forces instead of providing duplicate services, and a program suggested by Peck and Councilman Robert Gallegos that would allow city workers to voluntarily take unpaid time off. Councilman Greg Travis also proposed letting private firms compete with city departments for certain contracts, or studying whether it would save money to do so.

[…]

The mayor has expressed opposition, meanwhile, to a sweeping police reform amendment introduced by Councilwoman Letitia Plummer that would eliminate nearly 200 vacant positions in the Houston Police Department. The funds saved by getting rid of the positions and a cadet class would go toward beefing up de-escalation training and the police oversight board, among other proposals sought by those pushing for police department reform around the country.

Turner repeatedly said during last year’s mayoral campaign that he wants to grow the police department by several hundred officers, and he rejected the idea of reducing the police department’s budget during an appearance on CNN last week.

With a budget of over $900 million that is devoted almost entirely to personnel, HPD is by far the city’s largest department and would have little room to cut spending without diminishing the police force. The police union previously negotiated a 3 percent pay bump from July 1 through the end of the year, accounting for much of the department’s proposed budget increase.

On Monday, five black Houston council members released a series of proposed HPD reforms that include many of the measures contained in Plummer’s plan, but without the spending cuts. The letter included every black member of council — Martha Castex-Tatum, Jerry Davis, Carolyn Evans-Shabazz, Edward Pollard and Tiffany Thomas — except Plummer.

In a statement, Plummer said, “After reading my colleagues’ open letter, it appears we all want the same things. I look forward to having their support for my amendments on Wednesday.”

See here for some background, and here for the five Council members’ proposals. Here it must be noted that the police union was a big supporter of Mayor Turner, and they were the instigators of the lawsuit that killed the firefighter pay parity referendum. He campaigned on hiring more police, and that’s where he is. That said, nine votes on Council can pass a budget amendment, and in addition to those six black Council members there are five other Democrats – Abbie Kamin, Robert Gallegos, Karla Cisneros, David Robinson, and Sallie Alcorn – who should be open to persuasion on this matter. Maybe some of the Republican Council members might be willing to trim some budget as well – CM Dave Martin received no money from the HPOU PAC in 2019, for instance. Point being, there’s plenty of room to get at least the group of five amendments passed, if not the Plummer amendment. There’s a rally this morning at City Hall to build support for that. There won’t be any better opportunities anytime soon.

Commissioners Court to address police reform

On the agenda for today.

Ten police and criminal justice reform items appear on Tuesday’s agenda; seven by Precinct 1 Commissioner Rodney Ellis, two by County Judge Lina Hidalgo and one by Precinct 2 Commissioner Adrian Garcia. They would:

  •  Examine whether to create an independent county civilian oversight board, with the ability to subpoena documents and witnesses, to investigate claims against police, including use-of-force complaints
  •  Order the creation of a universal use-of-force policy for all county law enforcement agencies, to include de-escalation techniques and alternatives to violence
  •  Determine how to engage the community in budget evaluations for all the county’s criminal justice departments;
  •  Create a public website with monthly use-of-force reports, including video footage, submitted by the Harris County Sheriff’s Office and constables’ offices
  •  Determine the feasibility of creating a new emergency responder program to handle some responsibilities that currently fall to police, such as mental health and substance abuse crises
  •  Study whether to create a new county agency to run “violence interruption programs” to end cycles of violence in communities
  •  Determine how to expand alternative, non-punitive intervention techniques to address issues including poverty, homelessness and substance abuse
  •  Study the effect on poor arrestees of cash bail, criminal fines, fees and penalties
  •  Order a bi-annual report on current racial disparities in the justice system with recommendations on how to eliminate them
  •  Make improvements to the indigent defense system

Ellis, who has cited criminal justice laws as among his proudest achievements during his 26-year career in the Texas Senate, said in an email to constituents on Thursday that reforming law enforcement must extend beyond addressing police brutality.

“We must re-imagine what justice means, and open our eyes to the ways that the justice system intersects with racism, classism, and other societal inequities, and chart a new path predicated on community well-being,” Ellis wrote.

As noted, Commissioners Court has less power to affect policing in Harris County than Mayor Turner and City Council do in Houston because Sheriff Gonzalez and the Constables are all elected officials themselves. They do have the power of the purse, however, and can threaten to make budget cuts as needed to effect reforms. More transparency and a CAHOOTS-like program as proposed by CM Letitia Plummer both seem like strong ideas that can have a quick impact, and an oversight board with subpoena power is also needed. Now get some community input and start implementing these plans.

Time for a task force

A good step, but it needs to be followed by real action.

Mayor Sylvester Turner

Mayor Sylvester Turner plans to appoint a task force to review Houston Police Department policies amid growing calls for reform following local and nationwide protests over the death of former Houston resident George Floyd in Minneapolis police custody.

Turner’s office said the task force would focus on ensuring accountability and transparency within the department. He announced the task force Thursday night during an hourlong ABC13 town hall on police and community relations.

“It’s so important to hold onto the trust between the community and police because the two have to work together, not be against one another,” Turner said. “Establishing that confidence and that trust is a critical component. That’s why it’s important for all of us to listen, to listen to what people are saying, to listen to the reforms that people want to see put in place, and then to act on those reforms. And we’re going to seek to do that.”

It was not clear Friday when the mayor would appoint people to the task force or when it would begin meeting.

Turner publicly has not endorsed any specific reform, though he consistently has emphasized the importance of police training in television appearances this week.

[…]

Conversations about potential reforms began before Floyd’s death, Councilwoman Tiffany Thomas said. After a string of six fatal police shootings here in Houston, several council members met privately with Police Chief Art Acevedo to address the deaths.

Thomas said she would favor strengthening the oversight board; ensuring there are public and readily available records of complaints made by both citizens and officers against their colleagues; and having some sort of research arm — either within the city or with an external partner, such as Texas Southern University — that could parse through data to illuminate other options.

Councilman Ed Pollard has offered a budget amendment to create an online database where residents can view complaints made to the police department. Pollard said the information would boost transparency and give the public and policymakers data to inform future reforms. His amendment calls for building off an existing platform, called Project Comport, that is free and already used in other cities, though Pollard said it would carry some costs to set up.

“We (would) have a public, online platform that is able to compile the data and put it out in real time on different complaints,” Pollard said.

Councilwoman Letitia Plummer has proposed the furthest-reaching budget amendment. It would eliminate 199 vacant HPD positions in the budget and one of five planned police cadet classes. Plummer seeks to redirect about $11.8 million of the proposed police funding toward a package of reforms, including subpoena-empowered oversight board probes; increased spending on re-entry and My Brother’s Keeper programs; and creation of a mental health unit to respond to some low-risk calls instead of regular patrol officers.

See here for more about CM Plummer’s budget amendment and plenty of other reform ideas, some of which are within Councils’ power and others of which are not. The formation of a task force or blue ribbon committee is always the first thing done when there’s a serious problem that demands actions that some people are very much going to not like. It buys time, it diverts energy, and if you’re not careful the formation of the task force can end up being the sum total of action taken. Look to see who’s on the task force (and how long it takes for it to be named), what their timeline and mandate are, and who does or does not commit to take specific actions based on their recommendations. Then remember that it exists, and that we’re waiting for it to do its job, and that the longer it takes the less momentum there is.

Where do they find these people?

News item: Five Texas GOP county leaders share racist Facebook posts, including one juxtaposing an MLK quote with a banana.

Republican leaders in five Texas counties shared racist Facebook posts, some of which also floated conspiracy theories, leading Gov. Greg Abbott to call for two of them to resign.

Abbott and other top Texas Republicans called for the resignation of the GOP chairs in Bexar and Nueces counties after they shared on social media a conspiracy theory that Floyd’s death was a “staged event,” apparently to gin up opposition to President Donald Trump. There is no evidence to support that claim; Floyd, a black Minnesota man, died last week after a white police officer kneeled on his neck for nearly nine minutes.

“These comments are disgusting and have no place in the Republican Party or in public discourse,” Abbott spokesman John Wittman said in a statement Thursday morning.

Meanwhile, the GOP chairman-elect in Harris County, Keith Nielsen, posted an image on Facebook earlier this week that showed a Martin Luther King Jr. quote — “Injustice anywhere is a threat to justice everywhere” — on a background with a banana. The juxtaposition of the quote and the banana can be read as an allusion to equating black people with monkeys, a well-worn racist trope. Nielsen appears to have deleted the post and apparently addressed it on his Facebook page Thursday evening. On Friday he updated his comments to say he would not resign.

[…]

Even later Thursday, Democrats also criticized a fourth post from a GOP chair on Facebook. Sue Piner, chair of the Comal County GOP, shared a post on Sunday that included an image of liberal billionaire George Soros and text that said, “I pay white cops to murder black people. And then I pay black people to riot because race wars keep the sheep in line.”

Piner could not be immediately reached for comment about the post. The unfounded Soros conspiracy theory is among many that have spread online as Americans have protested policy brutality.

Republican Texas Land Commissioner George P. Bush late Thursday said all four county leaders should step down.

Sorry, I was busy reading this classic Onion article and got distracted for a minute. Where was I? Oh, yeah. First, who knew that the Harris County GOP could suck even more than it already did? And that Bexar County GOP Chair, nobody could have predicted that she was an utter wacko. Remember when Republican leaders in Texas believed in more wholesome conspiracy theories? Boy, those were the days.

You can see this Patrick Svitek Twitter thread for more calls from these respectable Republicans for these not-so-respectable Republicans to resign. But that, as they say, is not all. News item: In false Facebook posts, Texas Agriculture Commissioner Sid Miller accused George Soros of paying protesters to “destroy” the country. I’m not going to quote from this one, you pretty much get the picture from the headline. It’s just that spouting bizarre, racist, anti-Semitic conspiracy theories on Facebook is pretty much Sid Miller’s core competence. I look forward to seeing George P. Bush and the rest of those Respectable Republicans call on him to resign, now that maybe Sid Miller may finally be too big an embarrassment even for them.

UPDATE: We’re now up to a dozen GOP county party chairs with truly Facebook posts about the George Floyd murder, and an equally vile lack of understanding of why they’re so disgusting.

UPDATE: And the new Harris County GOP Chair is out. My advice, leave the position vacant. Won’t make any difference whether they have a Chair or not, and there’s one less idiot to say something ugly and stupid in public.

Let’s talk “meaningful reform”

Chief Acevedo brought it up, so let’s go there.

Houston Police Chief Art Acevedo’s voice cracked several times and his eyes welled as he railed against the death of George Floyd beneath a policeman’s knee and implored protesters to demonstrate peacefully with him.

“I will not allow anyone to tear down this city, because this is our city,” Acevedo shouted on Sunday to the group of mostly black Houstonians surrounding him at one of many protests in the wake of video showing Floyd’s fatal encounter with police in Minneapolis. “Pay close attention! Because these little white guys with their skateboards are the ones starting all the s–t.”

Video of Acevedo’s profanity-laced remarks went viral and, along with his other blunt statements this week, won the chief acclaim from those outraged by the death of Floyd, a former Third Ward resident.

It has also drawn anger from those who say Acevedo has failed to address the very things he’s condemning at home. His calls for police to be more transparent and enact “meaningful reform” have refocused attention on a series of fatal shootings by his own officers, and his refusal to release body camera video of the incidents.

“We’re looking at him say one thing on camera, but locally, we know different,” said Dav Lewis, a local activist who was friends with Adrian Medearis, one of the men who died in the spate of shootings. “We know different locally. We have not seen police accountability.”

The chief has also resisted calls to release the results of an audit of his narcotics division, rocked last year by one of its worst scandals in decades, and he has downplayed calls to bolster the city’s Independent Police Oversight Board, long criticized as a “toothless watchdog” group.

“While these are great photo ops, and maybe the chief has political aspirations, and this is all warm and fuzzy kind of stuff he’s doing, it’s time for some action,” said Mark Thiessen, president of the Harris County Criminal Lawyers Association.

[…]

Protesters intensified their calls on Tuesday for Acevedo to make the videos public. Mayor Sylvester Turner’s remarks at City Hall were punctuated by several people chanting “release the tapes,” and hours later Acevedo was directly confronted by a group of critical protesters at the downtown park Discovery Green.

Some lawmakers questioned Acevedo’s rationale for not releasing the body camera video.

“It is not law enforcement’s job to worry about prosecution,” said state Rep. Gene Wu, D-Houston. “It’s their job to be law enforcement.”

Wu, a former prosecutor who has called on Acevedo previously to release his audit, said Acevedo’s attitude “does more of a disservice to taint the public’s perception than anything else.”

“Right now you have the general public believing the police hide things,” Wu said. “When other cities during this crisis have shown they can release body cams immediately — that they can fire and discipline officers immediately — the fact we can’t get videos released months, sometimes even years later, is very telling.”

There’s more, and you should read the rest. On balance, I think Art Acevedo has been a pretty good Chief of Police. It’s not at all hard to imagine someone worse in his position – the current Chief of Police in Austin, for example. I also think that some of these reform ideas should be taken out of his discretion and mandated by the appropriate governing body. For releasing body camera footage and just generally being more transparent about it, that could be the Legislature or it could be City Council. Point being, the less room he or any Chief has to stall on releasing said footage, the less time we have to have this debate about transparency.

There are plenty of other things that can be done, at all levels of government, with the local stuff having the greatest potential for swift adoption. Tarsha Jackson, formerly with the Texas Organizing Project and now on hold in the City Council District B runoff, recommended several changes to the police union contract. CM Letitia Plummer, thankfully recovering from COVID-19, has proposed a budget amendment that would:

-Require officers exhaust all reasonable means before shooting
-Ban chokeholds and strangle holds
-Require de-escalation
-Require officers give verbal warning before shooting
-Notify Independent Police Oversight Board when death occurs
-Give IPOB subpoena power

It would also redirect funds currently allocated for a police cadet class as follows:

$2M, fund separate IPOB investigations
$1M, build online portal for residents to report misconduct
$3M, police training
$2M, permanent revolving fund for the Office of Business Opportunity, no-interest loans to minority-owned biz
$2M, enhance Health Dept’s Community Re-Entry Network Program
$500k, enhance Health Dept’s My Brother’s Keeper program
$1M, equipment and implementation of a “CAHOOTS” program (Crisis Assistance Helping Out On The Streets)

The point of that last item is to redirect a class of 911 calls that now go to law enforcement to this Crisis Assistance program, so the police can handle higher priority calls. Look at the photos she embedded in this Facebook post (specifically, this and this) to get a better feel for this. The city of Eugene, Oregon has used a program like this successfully since 1989. I strongly suspect most police officers would be happy to not have to respond to these kinds of calls for the most part going forward.

Stace adds recommendations from 8CantWait, which largely overlap the items noted by CM Plummer and Tarsha Jackson. Again, these are things that could be done now, if we wanted to. If there’s something you want to do in this direction, call Mayor Turner’s office and your district Council member along with the At Large members in support of these proposals. There are many ways to make noise.

There’s still more. Looking at the federal level, Sherrilyn Ifill and a triumvirate at The Atlantic have a list of action items for Congress, including an end (or at least a serious cutback) to qualified immunity, national data collection and tracking of police conduct and use of force, stronger enforcement of Title VI of the Civil Rights Act, and more. Ifill notes that “Currently, officers fired for misconduct and brutality against innocent civilians can be hired by other departments”. This will sound depressingly familiar to anyone who remembers the story of Tulia.

I personally would add: Decriminalization of marijuana and a complete shift of focus on other drug offenses from arrest and incarceration to treatment; Expanding Medicaid, which as I have said a gazillion times before will do so much to provide mental health services to countless Texans; Really attacking the homelessness problem by funding housing for the homeless and raising the minimum wage so that more people can afford housing in the first place; and repealing SB4, the odious “show me your papers” law. I believe these things will drastically reduce the interactions that ordinary people – overwhelmingly people of color – have with the police and the criminal justice system.

None of these things are panaceas, and none of them directly address systemic racism – I will defer on that to those who can speak more directly from their own experience – but I do believe all of them will have the effect of reducing harm to the black and brown people who have always received the brunt of the violence that comes from encounters with the police. Again, much of this is doable right now. Clearly, some other items will require winning more elections, in Texas and around the country, but we can still get started on what can be done now. If Chief Acevedo wants to come out in support of any or all of these things, that would be nice, too. Whether he does or he doesn’t, we can make them happen anyway.

The George Floyd March

Impressive.

Sixty thousand people joined the family of George Floyd as well as elected officials and religious leaders today in a peaceful Houston march from Discovery Green to City Hall organized by rappers and civic activists Trae tha Truth, Bun B, and Floyd’s nephew Brandon Williams.

Floyd, 46, a native Houstonian from the Third Ward, died in handcuffs last week after then-Minneapolis police officer Derek Chauvin knelt on his neck for nearly nine minutes. Chauvin, who was fired immediately after the incident was charged with third-degree murder and second-degree manslaughter four days later.

It was released Monday that both a private autopsy done by Dr. Michael Boden and Dr. Allecia Wilson hired by Floyd’s family as well as the Hennepin County Medical Examiner ruled Floyd’s death a homicide though both reports differed on cause of death. The medical examiner ruled it was heart failure, while the private autopsy ruled asphyxiation. Both reports agreed Floyd died on site, and not later in an ambulance.

The march began and ended with a prayer as well as Floyd’s family’s wishes that the day remain peaceful—and it did. It is reported that prior to the march the Houston Police Department removed bricks and artillery that had been stashed around downtown and a Houston Alert asked everyone to be on the lookout for suspicious activity.

A family member of Floyd spoke deliberately stating, “This is our home, we will find justice on the streets of Houston, we are going to march in peace and show the nation, show the world what George Floyd is all about.” She thanked Bun B and Trae tha Truth for helping to organize the event.

Although this was not a city-sponsored march, Houston Mayor Sylvester Turner turned out and addressed the crowd, once again applauding them for standing up for George Floyd and the need for change, but again warning that violent actions undermined their cause.

I assume the Chronicle will have a full story on this, but as of when I wrote this post, what they had was a liveblog of the event, which you have to read from the bottom up. The question that always accompanies mass protests is what actions should come of it? Tarsha Jackson, who is still awaiting a court ruling to allow the runoff in City Council District B to proceed, posted on Facebook nine specific items to address in the city’s collective bargaining agreement with the police union. Seems to me that if you believe the problem is mostly “a few bad apples”, then you should want to make it easier to pluck those apples out of the barrel, or at least make it so they have a harder time advancing in their career. These ideas have been out there since 2018. Do we have the will to fight for them?

Three other things. One, you can make a contribution to support bail funds around the country here. Two, William Barr needs to be arrested at the first opportunity. And three, our two US Senators really suck. You can do something about one of them this November.

Abbott issues disaster declaration following protests

Where we are now.

Gov. Greg Abbott announced Sunday afternoon that the entire state of Texas will be placed under a disaster declaration in response to demonstrators in several Texas cities protesting the death of George Floyd, a black man who was killed Monday in Minneapolis police custody.

The declaration allowed Abbott to designate federal law enforcement officers to perform the duties of peace officers in Texas.

Thousands of protesters marched in Texas cities on Friday and Saturday, outraged after Floyd was filmed crying out for help as a white police officer pinned him to the ground with a knee to his neck. The officer, Derek Chauvin, was later arrested and charged with third-degree murder and manslaughter.

“Every Texan and every American has the right to protest and I encourage all Texans to exercise their First Amendment rights,” Abbott said in a statement. “However, violence against others and the destruction of property is unacceptable and counterproductive.”

His announcement comes a day after he activated the Texas National Guard “in response to protest violence” across the state. In several of the state’s large metropolitan areas — including Houston, Austin, Dallas and San Antonio — protesters clashed with police who sometimes used rubber bullets and tear gas.

Abbott also sent state resources to Houston, Austin, Dallas and San Antonio on Saturday afternoon and said he’s spoken to the mayors of all four cities, as well as law enforcement officials. He said Sunday that he also increased those resources for cities throughout Texas and that the Federal Bureau of Investigation has deployed tactical teams to assist state and local law enforcement.

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Prior to Abbott’s announcement, several Texas cities took measures into their own hands. On Saturday evening, the mayor of San Antonio imposed a curfew as a result of escalating tensions due to the protests.

In Dallas, where officials defended the use of tear gas at protests for Floyd, Dallas Police Chief Reneé Hall said Sunday afternoon that a 7 p.m. curfew will go into effect Sunday and end at 6 a.m. “for the next several days,” The Dallas Morning News reported. In Austin, meanwhile, organizers canceled a protest planned for Sunday afternoon out of fear that “white agitators and other agitators of color” would co-opt the event and put black Texans in harm’s way.

The single best thing that can happen right now is for law enforcement agencies around the country to stand down and stop being violent themselves. After that we’ll see, but people have been pushing for moderate and incremental police reforms for a long time now with little success. What are people supposed to do now?

Justice for George Floyd

I stand with the people who are rightfully demanding justice for George Floyd and the many many (far too many) other black men and women like George Lloyd who have been killed by police officers. I join those in being shocked and disappointed (though sadly not surprised) at how different the police response to these protests were to the armed idiots that stormed and terrorized the Michigan legislature a couple of weeks ago because they couldn’t get a haircut or go to the mall. I fear the next wave of armed idiots who are now showing up at protests to wreak havoc, destroy property, and in their wildest dreams incite racial violence. I am thankful that our police chief recognizes this. I will do everything I can to elect a President – and a Senate, and a Congress, and a Legislature – whose first instinct in these times is to work to make things better, and not worse. I will listen to and follow the people who have been leading on this issue for years. I hope you will join me in this.