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gun control

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…)

Of course he thinks that’s “essential”

Doesn’t get any more on-brand than this.

Best mugshot ever

Gun stores are essential business and should be allowed to remain open during the COVID-19 pandemic, Texas Attorney General Ken Paxton said Friday.

Paxton said in his nonbinding opinion that state law prevents cities and counties from “adopting regulations related to the transfer, possession, or ownership of firearms, or commerce in firearms.”

Rep. Dustin Burrows, R-Lubbock, on Tuesday requested that Paxton’s office weigh in on whether firearm sales can be listed as essential businesses by local officials, as businesses across the state have shuttered due to shelter-in-place orders designed to slow spread of the new coronavirus.

“Having access to tools of self-protection, hunting and for keeping your property safe and secure is always essential. It’s even more essential for access during times of uncertainty and emergency,” Burrows said in a written statement.

Many cities and counties had not designated gun retailers, ranges or manufacturers as essential businesses in their stay-at-home orders, Burrows said in his letter. However, San Antonio and Dallas County did exempt the fire arms businesses.

“It does not appear that cities or counties have the authority to restrict the transfer of firearms, even during a natural disaster,” Burrows wrote in his request.

The opinion comes less than 72 hours after the agency received Burrows’ request — a remarkably fast turnaround on a process that routinely takes weeks or months.

That’s because this process normally requires research and inquiry, and leave open the possibility of an answer that doesn’t conform to one’s initial inclinations. Couldn’t take any chances on that here, obviously. People need to be able to defend themselves against that virus. I recommend very small-caliber bullets.

AG opinions are not binding, of course, so a city or county could go ahead and impose a ban on gun stores anyway if they wanted to. That would leave it up to a court to decide; there’s a fight over this already happening in California, where gun stores were (also not surprisingly) not classified as “essential”. I rather doubt any Texas municipality would want to expend that kind of effort when there are more important things to do, but they could if they chose to. The whole thing is ridiculous, but here we are.

No metal detectors at HISD schools

For now, at least.

Houston ISD trustees shelved a request from administrators Thursday to authorize up to $3 million for metal detectors, arguing district officials need to provide more concrete recommendations and plans for school security before the board votes to allocate money for the machines.

The board’s decision comes as Interim Superintendent Grenita Lathan’s administration continues to solicit feedback and analyze security protocols following last month’s on-campus fatal shooting of Bellaire High School student Cesar Cortes, 19. Lathan said she has not yet decided whether to install metal detectors in some middle and high schools, but her administration wanted quick access to funds for the machines if district leaders decide to buy them.

Some trustees suggested they remain open to possibly deploying metal detectors at access points in schools, though they said administrators and the board first need to conduct more detailed conversations about districtwide security plans. Several trustees questioned why Lathan asked for authority to spend on metal detectors now, rather than waiting until she decided to purchase the machines.

“It’s so easy to try to put a metal detector out there as a quick fix,” Trustee Anne Sung said. “I just want to make sure we’re being thoughtful and utilizing a strategy.”

[…]

Lathan said the prospect of installing metal detectors has received some public support, but three other security measures top her list of potential recommendations as of now: increasing the number of police officers on campuses; bumping up police officer pay to reduce vacancies and turnover; and adding social workers to address students’ social and emotional needs.

Students attending the district’s high schools have been particularly supportive of placing more police officers on campuses, Lathan said. Her comments came after closed-door meetings with about 25 Bellaire students last month and 35 high school students from across the district earlier this week.

“I thought that was powerful,” Lathan said. “Especially in this day and time, when there’s still animosity in some communities when it comes to police officers, what I heard is, we want more police officers.”

HISD trustees have not yet held extensive discussions about specific security recommendations, many of which would require the board to authorize additional funding. Some board members have asked Lathan to present data on the efficiency of metal detectors in schools, though relatively little national research exists.

“I think we need to have a conversation on what our philosophy and approach is as a district, rooted in conversation with community members and students — which I know we’ve begun to do — but also research and policies,” Trustee Holly Maria Flynn Vilaseca said Thursday.

See here for the background. I’m glad we are not charging ahead with this, and I agree with Trustees Sung and Vilaseca that we need to put a lot of thought into this and do some research. And put me down in opposition to increasing police presence at schools, because the research we have on that shows that more police at schools is a key component of the school-to-prison pipeline. Too many kids win up getting citations for low-level, non-violent behavior that historically has been handled at the school level – that’s what police officers do, after all – and that has significant and long-lasting effect on the kids. Let’s take a long, serious look at other options before we go down this path, because the potential for unintended consequences is great.

HISD considers metal detectors

It’s (maybe) come to this.

Houston ISD officials are exploring the idea of installing metal detectors at the district’s middle and high schools in response to last week’s fatal on-campus shooting of a student, a step few districts in the region have taken following nationwide incidents of mass gun violence at schools.

In a blog post, Houston ISD Interim Superintendent Grenita Lathan wrote that she will be meeting with students and community leaders to determine whether the district should increase security measures following the Jan. 14 shooting of Cesar Cortes, 19, at Bellaire High School. Authorities have said they believe a 16-year-old classmate accidentally shot Cortes while showing off a semiautomatic pistol.

“These meetings, along with reconvening safety and security council committees on every campus, will be a catalyst for increased vigilance and preventative measures in our schools,” Lathan wrote Tuesday. “Another measure the district is exploring includes assessing middle schools and high schools for metal detectors as a screening measure for entry onto campuses.”

HISD does not regularly employ metal detectors or require clear backpacks at its campuses. Aldine and Spring ISDs are the only two large Houston-area districts that use metal detectors each school day. Cy-Fair ISD, the region’s second-largest district, issued a clear backpack mandate for students following the May 2018 shooting at Santa Fe High School that left 10 people dead.

[…]

The addition of metal detectors would represent one of HISD’s costliest and most significant security upgrades in recent years. While prices for metal detectors vary, outfitting all 106 campuses that serve grades 6 and higher could be costly, particularly if the district installed multiple machines at larger schools. Chicago Public Schools officials last year approved the purchase of an undisclosed number of metal detectors for nearly $4,000 per unit, with installation and warranty included.

HISD officials have not said who would operate and maintain metal detectors, which could carry additional costs.

Any districtwide purchases of metal detectors likely would require approval of the HISD school board. Trustee Patricia Allen, a former elementary school principal, said she supports the installation of metal detectors in middle and high schools, arguing the increase in security outweighs the logistical hurdles of screening students daily.

“You already see them so much, even at the football stadiums where they have lots of people going through those,” Allen said. “It’s better to be safe than sorry.”

However, Trustee Dani Hernandez said she opposes metal detectors at schools, largely because of the message they send to students. Hernandez added that she heard backlash to metal detectors from community members following the November 2018 death of 18-year-old Delindsey Mack, who was killed in an apparent gang-related shooting within feet of Lamar High School grounds.

“We would need to figure out more about the cost, but also how that plays into the school-to-prison pipeline,” said Hernandez, a former elementary school teacher.

Here’s the blog post in question. A little back of the envelope math based on the Chicago schools’ experience suggests this would cost at least $4 million for the equipment, with likely additional costs for the personnel to operate the machines. As the story notes later, HISD will be getting an additional $2 million from the state for “safety-related upgrades”, which is both insufficient and doesn’t address ongoing costs.

Now, the additional cost this would impose on HISD may still be worth it. I’ve got two kids in HISD, and one of my older daughter’s best friends attends Bellaire, so I very much have skin in the game here, and the safety of HISD’s students is something I care a lot about. The first question is, would this be a good way to improve school security? As the story notes, the studies we have so far have not yet shown evidence that metal detectors do improve safety; there wasn’t enough data to draw a conclusion. We’ve all seen news stories of metal detectors at airports failing to detect guns. There’s already evidence that other “security” enhancements at schools, like live shooter drills, has had an overall negative effect on students’ mental health and well-being. Suffice it to say, I’m skeptical.

Harris County’s gun surrender program

Just common sense.

Judge Lina Hidalgo

Harris County officials on Tuesday announced four measures aimed at curbing gun violence, which County Judge Lina Hidalgo said are necessary because the state and federal governments have missed opportunities to prevent shootings.

Hidalgo secured unanimous approval from Commissioners Court to expand a gun surrender program to all 22 of the county’s felony courts.

Additionally, county officials unveiled a streamlined system of reporting criminal convictions to the Texas Department of Public Safety, a new health department task force focused on violence prevention and a free gun lock program.

“We know the vast majority of Americans want common-sense gun reforms, and it’s an issue where we’re not just going to roll over,” Hidalgo said. “We’ve spent the last few months scouring what we can do within the framework that exists.”

[…]

The surrender program, which debuted in the 280th family court in December 2018, requires defendants charged with domestic violence offenses to give up their weapons to the Harris County Sheriff’s Office until their legal cases are resolved. To date, deputies have seized 25 guns under 10 protective orders.

Speeding up the reporting of convictions is one of the gun violence mitigation ideas Greg Abbott had in the wake of the El Paso murders. The surrender program for domestic violence offenders is just a recognition of the correlation between gun violence and domestic violence. Anyone who opposes these simple, broadly-supported, sensible solutions – a group that apparently includes one of the Republican candidates in HD148 – has no interest in reducing gun violence. Anyone who doesn’t support these proposals is part of the problem.

What kind of laws might have helped mitigate our recent violent incidents?

The DMN asks a good question.

Texas politicians are looking anew at ways to reduce gun violence in the wake of the recent mass shootings in El Paso and Odessa. Dozens of policies, from the piecemeal to the comprehensive, have been proposed.

But would any have applied to the four massacres Texans have experienced since November 2017? The Dallas Morning News sought to answer this question by breaking down the circumstances behind some of the shootings to learn which preventive measures, criminal penalties or enforcement mechanisms would have applied in each case.

The News then compared these measures to the proposals Texas elected officials are now discussing and have proposed in the past, in addition to similar laws in other states. Here’s what we found.

In order, they suggest the following:

Midland-Odessa shooting: Private gun sales
El Paso shooting: Welfare checks and red flag laws
Santa Fe shooting: Child access prevention laws
Sutherland Springs: Domestic violence laws

To me, “gun control” is a lot like cyber security. You can’t just do one thing and expect it to be sufficient. Any robust cyber security program in an enterprise includes patching, vulnerability scans, firewalls, intrusion detection, anti-virus software, a control framework, incident detection and response, and so much more. There’s overlap and redundancy, with the philosophy being that if one thing doesn’t do it the next thing will. This article is a good illustration of how the metaphor applies to gun violence. There is no one single solution. There are many tactics and strategies that work together. We need to understand that or we’ll never make any progress.

Ronald Haskell convicted

Good, but nothing can undo the damage he did.

Cassidy Stay, the lone survivor of a 2014 shooting that killed her mother, father and four younger siblings, folded her hands in prayer inside a courtroom while awaiting a verdict.

The killer, Ronald Haskell, claimed insanity when he fatally shot six relatives of his ex-wife at their Spring home. But a Harris County jury determined on Thursday that Haskell knew what he was doing when he massacred the family, convicting him of capital murder and moving him closer to a possible death sentence.

Upon hearing the decision, Stay breathed a deep sigh of relief, closed her eyes and pressed her hands over her heart, while Haskell just stared straight ahead.

The decision came after a month of testimony from dozens of witnesses, who described the gruesome scene and attempted to capture Haskell’s mental state at the time of the shooting. Prosecutors said Haskell planned the murders in an effort to enact vengeance on anyone who had helped his ex-wife, who left him in 2013.

Jurors took more than eight hours to deliberate their verdict.

“We are grateful for the jurors’ rapt attention over the last many weeks to every piece of evidence in the case,” Harris County District Attorney Kim Ogg said in a statement. “There was never a reasonable doubt that Haskell meticulously planned and carried out the slaughter of the Stay family.”

The jury panel will return Monday for the punishment phase of the trial to decide whether to sentence him to either life without parole or death.

See here for the background. Ronald Haskell is as much an emblem of mass gun violence as any of the more notorious murderers. His kind of crime, aimed at those closest to him and driven by misogyny and a history of domestic violence, is so common we almost don’t even notice it. He’s the problem we need to solve if we want to reduce gun violence in our country.

UT-Tyler: Trump still looks weak in Texas

Two months later, there may be a story line to watch.

Beto O’Rourke

Beto O’Rourke remains competitive against President Donald Trump in a Texas head-to-head matchup, according to a poll released Thursday by the Center for Opinion Research at the University of Texas at Tyler.

The poll, conducted over three days following last week’s debate in Houston, shows O’Rourke polling better against Trump in a head-to-head matchup than every other Democratic contender except former Vice President Joe Biden.

Both led Trump by 2 percentage points in hypothetical matchups. Four other candidates tested against Trump lagged behind the president, though Sen. Bernie Sanders of Vermont trailed by less than the 2.8-percentage-point margin of error.

O’Rourke’s campaign boasted that the results vindicate his stance on gun control. He has caught flak from members of both parties since forcefully demanding mandatory buybacks of assault weapons in the Houston debate.

His gun confiscation proposal drew support from 49% of Texans in the UT-Tyler poll, while other plans drew broader support. Nearly 85% supported universal background checks for gun purchases. A “red flag” law that would let law enforcement take guns from someone deemed dangerous drew support from 65%.

Far more Texans — 59% — support an assault weapons sales ban that would let owners keep guns they already own. Gun rights advocates view confiscation as unconstitutional.

[…]

Trump continues to poll underwater in Texas, showing a 40% job approval rating among all respondents. Approval is much higher among Republicans and much lower among Democrats.

See here for the previous poll, from late July. The UT-Tyler Center for Opinion Research press release is here and the poll data is here. Trump’s approval numbers were 40.3% approve, 54.5% disapprove in July, and 39.6% approve, 52.3% disapprove in September. The “will vote for” number he gets, in each matchup, is a close approximation of his approval number. A thing that I noticed that I want to point out, though it’s far too soon to draw any conclusions about it, is how Trump does with Dems and with Republicans.


Candidates   Dem %  GOP %  Ind %  Tot %
=======================================
Biden        74.6%   8.0%  33.1%  39.6%
Trump         2.7%  81.5%  20.9%  38.0%
Neither/NS   22.6%  10.5%  46.0%  22.4%

Warren       69.2%   7.8%  28.1%  36.5%
Trump         3.0%  82.9%  25.9%  39.5%
Neither/NS   27.8%   9.3%  46.0%  24.0%

Harris       61.5%   6.5%  23.6%  31.8%
Trump         3.2%  82.1%  25.5%  39.4%
Neither/NS   35.4%  11.5%  50.9%  28.9%

Sanders      72.0%   6.8%  32.5%  37.9%
Trump         2.6%  82.8%  26.4%  39.6%
Neither/NS   25.5%  10.4%  41.2%  22.5%

Buttigieg    57.0%   6.6%  25.1%  30.4%
Trump         3.2%  82.1%  25.6%  39.3%
Neither/NS   39.8%  11.3%  49.3%  30.3%

Beto         79.2%   8.2%  35.4%  42.0%
Trump         3.5%  82.2%  26.5%  39.7%
Neither/NS   18.3%   9.6%  38.1%  18.3%

“Neither/NS” is the sum of the “Neither/Other” and “Not Sure” responses. Trump gets nearly identical levels of support among Dems and Republicans against each potential opponent. The range of support for him is a bit wider among indies, but indies are also the smallest sample so those numbers may just be more volatile as a result. All Dems get roughly the same amount of support among Republicans. There’s more variance among indies, but by far the biggest variable is the level of support among Dems for each candidate. Beto as native son does best, followed by the two previous Presidential candidates – and thus the best known among them – Biden and Bernie, with Elizabeth Warren a notch behind. Farther down are Kamala Harris and Pete Buttigieg. They had Julian Castro in the July sample but not this one.

You can compare to the July data, where Trump did a bit better among Republicans and Dems but worse among indies, giving him roughly the same overall numbers. This will be worth watching for trends if UT-Tyler keeps pumping these out every other month, but beyond that it’s only two data points. My main argument here is that Trump seems to have a ceiling, and it’s lower than that of the Dems. Dem voters who haven’t made up their minds or who have a preference than isn’t the named candidate in the given question have the option of giving a non-committal answer. They’re not defecting to Trump, they’re just keeping their powder dry. Fewer Republicans are similarly ambivalent about Trump, and quite a few more are actively against him. That leaves him less room to grow, at least among the easier to get voters. If all of this is for real, then when the Dems have a nominee, or at least a much smaller number of choices, I’d expect to see the Dem candidates’ support get consolidated. That’s what is worth watching.

Now again, there’s the apparent correlation between the approval number and the “would vote for” number, so if the former goes up the latter may as well. And as noted before, this sample seems unusually Democratic, which may be skewing things. The good news is that there is just a lot more polling activity here this cycle, so there will be many chances to see if this poll is in the mainstream or an outlier. For now, the basics of it look better for the Dems than for Trump.

As for the gun control questions, they’re interesting and worth considering, but even with the baby steps Dan Patrick and Greg Abbott have taken in that direction, I don’t think it means much. Lots of things poll well in Texas but have zero traction because literally no elected Republicans in the Lege or statewide agree with that position. There are some tiny cracks in the ice now because of the 2018 elections, but it’s going to take a lot more Republicans losing elections for it to truly matter.

Everybody hates Dan

You just hate to see it.

Texas Lt. Gov. Dan Patrick is doubling down on his call for closing loopholes in gun sales background checks despite withering criticism from other Republicans, conservative groups that have ardently supported him, and the National Rifle Association.

Even the Republican Party of Texas passed a resolution over the weekend rejecting any legislation that would include the enhanced background checks that Patrick supports.

After a gunman left seven people dead in a mass shooting through Midland and Odessa, Patrick said he was ready to take action and called for expanding background checks to include private stranger-to-stranger sales. Nearly two weeks of criticism from fellow Republicans and gun-rights advocates has not changed his position.

“I’m a strong NRA supporter and they’re a strong supporter of mine, but I believe they are wrong in not expanding background checks to stopping strangers from selling guns to strangers,” Patrick said in a Fox News interview after the second mass shooting in West Texas in just over a month.

Patrick, who presides over the Texas Senate, has made clear that he wouldn’t touch gun transfers between family members or with friends, but that caveat has done little to appease even his one-time allies who are blasting him publicly.

See here for the background, and read the rest for all the wailing and gnashing of teeth from Dan’s “friends”. All I can say is that it can’t happen to a better bunch of people. Ken Herman has more.

Dan Patrick and Michael Quinn Sullivan fighting is the sweetest sound you will ever hear

Inject this directly into my veins.

Lt. Gov. Dan Patrick and Michael Quinn Sullivan, a hardline conservative activist long aligned with the head of the Texas Senate, publicly accused each other of “destroying” the Republican Party on Tuesday — seeming to further a rift that has emerged between the two longtime conservative allies.

The dust-up on Twitter started over gun rights, specifically Patrick’s recent support of requiring background checks for private person-to-person gun sales — an idea Sullivan opposes. But the most aggressive sparring came over a secret recording Sullivan has of House Speaker Dennis Bonnen during a June 12 meeting at the Capitol. Sullivan has said he caught Bonnen and one of the speaker’s top allies on tape asking Sullivan to target 10 GOP lawmakers in the 2020 primaries, but Sullivan hasn’t made the recording public.

“BTW, release the tape,” Patrick tweeted at Sullivan. “You are destroying our party.”

To be clear, Bonnen and state Rep. Dustin Burrows, R-Lubbock, have forcefully pushed back against Sullivan’s allegations. And both, along with Patrick and other Republicans and Democrats, have also called on Sullivan to release his recording of the meeting. Sullivan has so far declined to do so, though he has allowed certain Republicans to listen to the roughly hour-long audio privately.

[…]

Responding to Patrick, Sullivan tweeted that the lieutenant governor hadn’t yet listened to the audio himself — and suggested that Patrick may be “too scared to make a moral judgment without a poll.”

“What’s actually destroying the GOP is moral cowardice in which elected officials are unwilling to address the unethical behavior of other politicians,” Sullivan tweeted.

See more of the thread here. Read it, share it, enjoy it. As an old beer commercial once said, it just doesn’t get any better than this. The Texas Signal has more.

Abbott’s gun suggestions

Weak leader makes timid proposals. Film at 11.

Gov. Greg Abbott called for the Texas Legislature to consider laws that would make it easier for private gun sellers to perform voluntary background checks on buyers — declining to go as far as other Republicans in backing mandatory ones — in one of a series of recommendations released Thursday.

The safety action report, which comes after a town hall Abbott convened last month to discuss possible solutions in the wake of recent mass shootings in El Paso and Odessa, contains nearly a dozen recommendations to the Legislature, which won’t meet again until 2021 — after the next election.

Select committees in the Texas House and Senate will meet to review and discuss the recommendations in the meantime. It remains to be seen what kind of legislation could come from the report.

Abbott has indicated he has no plans to call a special session, despite calls from a growing chorus of Democratic lawmakers, saying he wants to avoid “hastily” called votes that split along party lines. Instead, earlier this month, he issued a handful of executive orders meant to strengthen the statewide suspicious activity reporting system.

[…]

The 13-page report recommends laws that would speed up the reporting of criminal convictions, crack down on people who illegally buy or possess guns and impose a lifetime ban on convicted felons purchasing firearms.

But the report makes no mention of background checks for private sales between strangers, as Lt. Gov Dan Patrick suggested last week when he side-stepped traditional party lines and the National Rifle Association.

Texas has faced five major mass shootings in the past three years — including two last month. In early August, 22 people were killed by a lone gunman who drove hours to at an El Paso Walmart. At the end of the month, seven died when a shooter went on a spree as he drove through Odessa and Midland.

Ed Scruggs, president of the board of directors for Texas Gun Sense, said it’s “mystifying” how few of Abbott’s recommendations relate to what happened in those shootings.

“The failure to strongly support closing the private sales loophole is mystifying because both the governor and lieutenant governor expressed discomfort what that hole in the system and speculated about how it could be abused,” Scruggs said. “We saw how it was abused in Odessa, so I am really surprised we didn’t see anything more direct on that.”

Here’s the report. It’s not that these are bad ideas, but most of them are reactive – stiffer penalties, better reporting of criminal convictions – and the more proactive ones are presented as things the Lege “may want to consider” rather than as priorities Abbott himself wants to see get done. I mean, unless Abbott calls a special session, as only he can do, the next time any of this will be relevant will be a year and a half from now, and who knows what might be going on then. Not taking immediate action is wiggle room for Abbott and Dan Patrick to let everyone else get distracted and lose focus. Abbott doesn’t want to take real action. He’ll do what he thinks he needs to do to take the heat off, and then he’ll be on to the things he actually wants to do. That’s what this is about. The Trib has more.

Red flag

This seems like maybe it’s a problem.

A report out Wednesday by the San Antonio Express-News found that a gun owner in Texas had sent more than 100 pages of racist and violent letters to the Texas Attorney General’s office threatening to kill undocumented immigrants over the course of a year and a half, and that nothing was done to stop him or to communicate the threat to local authorities.

“We will open fire on these thugs,” the white man who allegedly sent the messages wrote in an email to the office. “It will be a bloodbath.”

Over the same period, local officers in San Antonio responded to 911 calls made by and about the man, and visited his house, on at least 35 occasions. However, because he had never seemingly committed a crime, police did not arrest him or take legal action. Nearby neighbors told the Express-News that the man’s home is covered in security cameras and that he often emerged holding a shotgun.

When alerted by a reporter at the Express-News of the threats made to the Attorney General’s Office, the police force did respond. “Since you’ve made us aware of those threats, our fusion center and our mental health unit have reached out to the AG’s office and are trying to work something to make a case against [the alleged suspect Ralph] Pulliam,” Sargent Michelle Ramos told the paper. “They’re going to investigate that.”

The threats and lack of communication by Republican Texas Attorney General Ken Paxton to local police takes on a new light in the wake of two mass shootings in Odessa and El Paso. The El Paso shooter had long written about his hatred for immigrants and his mother had reportedly called the police before the shooting because she did not think her son should own a gun.

“These messages are clearly threats of deadly force against San Antonians based solely on the color of their skin,” wrote State Representative Trey Martinez Fischer in a letter to Paxton. “It is deeply alarming to me that despite the large volume and explicit nature of the messages from Mr. Pulliam, the Office of Attorney General has taken so long to cooperate with local law enforcement.”

The story was published in the print edition of the Sunday Chronicle, but there’s no link for it yet on the Chron site and the E-N story is behind the paywall, so this is the best I can do. Do bear in mind that Ken Paxton has been actively encouraging people like this to report their complaints to his office, so it’s no wonder he’s being tight lipped about this. Dude’s one of his best customers. In the meantime, while we hope this guy doesn’t follow through on any of the many threats of violence he has made, let’s see if any of our Republican leaders, who have been trying to convince us that they might actually Do Something this time, will at least voice support for disarming this guy. I’m not going to hold my breath.

Dan Patrick says he’s for slightly expanded background checks

It’s a start.

Lt. Gov. Dan Patrick says he’s “willing to take an arrow” and defy the National Rifle Association by pressing Texas to close one loophole in gun-purchaser background checks.

On Friday, Patrick said it’s “common sense” to tighten background-check laws because in many instances, stranger-to-stranger sales now are exempt from the requirement that buyers be vetted through a federal database of people not eligible to purchase firearms.

Patrick wants to protect transfers among family members from triggering a check. He’d also continue to exempt friends, though he acknowledged that could be abused. Patrick, who presides over the Texas Senate, said he’s willing to accede to the preferences of senators on whether to maintain that loophole — and if so, exactly how.

But he said Texas must strongly discourage selling guns to strangers without a background check.

“That gap of stranger to stranger we have to close, in my view,” Patrick, a staunchly conservative Republican and avid gun-rights advocate, said in an interview with The Dallas Morning News.

“When I talk to gun owners, NRA members and voters, people don’t understand why we allow strangers to sell guns to total strangers when they have no idea if the person they’re selling the gun to could be a felon, could be someone who’s getting a gun to go commit a crime or could be a potential mass shooter or someone who has serious mental issues.”

“Look, I’m a solid NRA guy,” he said, “but not expanding the background check to eliminate the stranger to stranger sale makes no sense to me and … most folks.”

You can add in the Abbott executive orders that won’t do much but do help give the impression that they’re doing something, or are at least in favor of doing something. Patrick’s idea would be something, though it’s not clear to me how much of something. Does this also close the gun show loophole, or is that outside the scope? If it does include gun show sales, then I’d call it a real step forward, and I will admit to being pleasantly surprised. If not, it’s still not nothing, but it’s also not much. Until we see a bill, and until the Lege is in session to take action on that bill, it’s hard to say. And even if something does get introduced, there will continue to be resistance to it getting passed in any meaningful form. But I’ve been saying that Republicans will take no action, and this is the first indication that I could be wrong about that. We’ll see.

UPDATE: The Texas Signal is also skeptical.

Greg Abbott is not going to take action on gun violence

Why would he? It’s not who he is.

When Gov. Greg Abbott first convened the new Texas Safety Commission last month after the El Paso shooting, he brought with him a stack of papers and wasted little time directing the media’s attention to it.

“In the aftermath of the horrific shooting in Santa Fe, we had discussions just like what we are having today,” Abbott said, holding up thick, paper-clipped packets for the cameras. “Those discussions weren’t just for show and for people to go off into the sunset and do nothing. They led to more than 20 laws being signed by me to make sure that the state of Texas was a better, safer place, including our schools for our children.”

The intended message was clear: He had been here before, and it led to results. But over a year later — with two more mass shootings rocking the state just weeks apart — the pressure that the second-term Republican governor faces to do more to keep Texans safe is higher than ever. And the political divisions are just as intense, as Abbott seeks to navigate between an increasingly influential gun control movement and those in his own party who demand that he hold the line on gun rights.

“My impression is the governor’s in a tight spot … because the majority legislative coalition doesn’t really give anyone on that side a chance to move on this,” said Ed Scruggs, the board vice chair of Texas Gun Sense who has participated in both the post-Santa Fe and post-El Paso roundtables. “They’ve been absolutists for so long that it’s very, very difficult. I really can tell you that the governor wants to do something to prevent this, but politically what is possible — he may be the only one who knows that.”

[…]

However, with Abbott’s response to the shootings still in the roundtable phase, skepticism runs amok. In addition to leaving a trail of gleeful social media posts about Texas gun culture in recent years — tweets that have routinely resurfaced after recent mass shootings in the state — Abbott has overseen a dramatic expansion of gun rights in Texas, from an open carry law in 2016 to the slew of new laws that went into effect Sunday loosening firearms restrictions. And for gun control advocates, the memory is still fresh of Abbott asking lawmakers after the Santa Fe shooting to consider a “red flag” law that would allow local officials to take guns away from people if a judge declares them a danger — only to back away from the idea amid an intraparty backlash.

“I would say I am more cynical about Greg Abbott’s leadership than I am optimistic,” said Peter Ambler, executive director of the gun control group Giffords, who participated in the safety commission meeting in El Paso. “However, I do think there’s a path forward on gun safety legislation. I think that means that Abbott is gonna have to get out of the NRA’s box and take a leadership position that is basically a repudiation of what he’s done in the past and where he’s been in the past.”

Remember first and foremost that the Legislature is not in session, and barring the very unlikely calling of a special session, there’s nothing that can be done in Texas except talk and study until 2021. But look, Greg Abbott believes in more guns and fewer restrictions on them. That’s what he has pushed for, that’s what he advocates, that’s what he is. He may be feeling some political pressure to Do Something about gun violence now, though I’d say that’s more a concern for Republican legislators and Congressfolk losing races than for his own political fortunes, but he also feels a lot of pressure to hold fast against such action. Why would he go along with what Democrats want? It makes no sense, and it collides with everything Abbott has done as a politician. When that changes (spoiler alert: it won’t), let me know. The Chron, the Chron editorial board, Erica Greider, Texas Monthly, the Texas Signal, and the Observer have more.

The Lege will not take any action on guns

By all means, keep calling for a special session to address the issue. Just do keep in mind who holds all the cards.

At least 17 Texas state lawmakers are asking Gov. Greg Abbott to call a special session to address gun violence following a mass shooting in El Paso that left 22 dead and dozens injured.

The list includes four state representatives from San Antonio, including Roland Gutierrez, Diego Bernal, Leo Pacheco and Ina Minjarez.

“Our state leadership has failed to be proactive and adopt laws that would allow gun safety,” said Gutierrez, who has secured more than 500 signatures in a related online petition. “All Texans should feel safe in their communities. Every year we lose too many to gun violence. Over 3,353 gun-related deaths occur in Texas each year. One death is too many – time for change.”

Others on the list are: state Rep. Shawn Thierry, D-Houston; state Rep. Donna Howard, D-Austin; state Rep. Michelle Beckley, D-Carrollton; state Rep. Nicole Collier, D-Fort Worth; state Rep. Gene Wu, D-Houston; state Rep. Victoria Neave, D-Dallas; state Rep. Gina Hinojosa, D-Austin; state Rep. Erin Zwiener, D-Driftwood; state Rep. Ron Reynolds, D-Missouri City; state Rep. Vikki Goodwin, D-Austin; state Rep. Richard Peña Raymond, D-Laredo; state Sen. Beverly Powell, D-Fort Worth and state Sen. Carol Alvarado, D-Houston.

In case you didn’t read through that whole list, none of the legislators in question are Republicans. That tells you everything you need to know.

(To be fair, there are other political reasons why there won’t be a special session.)

After the massacre of 22 people at an El Paso Walmart by an attacker with a military-style rifle, Texas’ Republican leadership is still unlikely to push for gun restrictions in a state that has long embraced firearms and has nearly 1.4 million handgun license holders, experts and advocates on both sides of the gun issue say. The shooting comes nearly 21 months after the Sutherland Springs massacre that killed more than two dozen people and more than a year after the Santa Fe shooting that killed 10.

“When Texas Republicans look at these massacres, they don’t blame guns, or gun laws. They blame people. They may blame institutions, schools, families, mental health, but not guns,” said Mark Jones, political science professor at Rice University. “If a school massacre and a church massacre didn’t change people’s opinion, the El Paso massacre isn’t going to.”

[…]

Abbott met last week with Democratic lawmakers from El Paso who have pushed for gun control and said he wants to keep guns away from “deranged killers.” Abbott said the state should battle hate, racism and terrorism, but made no mention of gun restrictions.

“Our job is to keep Texans safe,” Abbott said. “We take that job seriously. We will act swiftly and aggressively to address it.”

Abbott said he will meet with experts this month to discuss how Texas can respond – much as he did after shootings in Sutherland Springs and Santa Fe.

Those meetings resulted in Abbott issuing a 43-page report with proposals for more armed guards in schools, boosting mental health screenings, new restrictions on home gun storage, and consideration of red flag laws.

Gun rights supporters immediately pushed back on anything that could be interpreted as restricting gun ownership, and the Legislature’s Republican majority pivoted to expanding run rights. The only victory gun control supporters could claim was a small item in a $250 billion state budget: $1 million for a public awareness campaign on safe gun storage at home.

“They made things worse,” said Gyl Switzer, executive director of Texas Gun Sense. “I went naively into the session thinking ‘Progress here we come.’ But we ran head on into this idea that more guns make us safer.”

Well, more armed guards in schools, in churches, at WalMart, and now after Midland/Odessa, in cars and on the roads. Maybe if we station an armed guard on every street corner, inside every shop and restaurant, and on every floor of every office building in America, we’ll finally be safe from gun violence. We won’t have time to do anything else because we’ll need literally everyone to serve as all those armed guards, but hey, at least we’ll have done something that the Greg Abbotts and Matt Schaefers of the world can abide. Alternately, we can vote them out and elect people who want to do more rational, sensible, and effective things to curb gun violence. Decisions, decisions.

“Mistakes were made”

Oops.

Gov. Greg Abbott said Thursday that “mistakes were made” in his fundraising letter that used alarmist language in calling to “DEFEND” the Texas border and was dated one day before a deadly shooting that targeted Hispanics in El Paso.

Speaking to reporters ahead of the second meeting of the newly formed Texas Safety Commission, Abbott said he talked to members of the El Paso legislative delegation about the mailer and “emphasized the importance of making sure that rhetoric will not be used in any dangerous way.”

“I did get the chance to visit with the El Paso delegation and help them understand that mistakes were made and course correction has been made,” he said. “We will make sure that we work collaboratively in unification. I had the opportunity to visit with [the El Paso delegation] for about an hour to fully discuss the issue.”

In his short remarks, Abbott didn’t address the specific language of the letter, what mistakes were made or what course correction has been made on his end. His comments come nearly a week after The Texas Tribune first reported on the letter, which cautioned of supposed political implications that could come with unchecked illegal immigration.

I try not to pay too much attention to Greg Abbott, because honestly, he’s about as interesting as cardboard. The most amazing thing about this story is that Abbott actually responded to a reporter’s question. Go ahead, find the last story in any reputable Texas news source that doesn’t contain some variation on “Governor Abbott’s office did not respond to our request for comment”. As Chris Hooks points out, Abbott is much more likely to engage with some rando on Twitter than with a newsie. I have no idea what spurred this little bit of passively voicing the quiet part of his inner dialog, but we may as well enjoy it. Who knows when it may happen again. The Observer has more.

The harder question

This story just upsets me so much.

After a man posing as a FedEx deliveryman forced his way into her family’s house and fatally shot her parents and four siblings, 15-year-old Cassidy Stay played dead until the killer fled the scene.

Bleeding from a wound on her head where a bullet grazed her, Cassidy managed to call 911.

“It was my Uncle Ronnie. He has been stalking my family for three weeks,” she told paramedics when they arrived at the Spring-area house, according to court documents. “He said he would shoot us and kill us.”

Cassidy would be the lone survivor of the July 2014 massacre, which Harris County prosecutors say unfolded in a moment of rage as Ronald Haskell hunted for his ex-wife, Melannie Lyon. Cassidy’s parents had been providing support to Lyon, the sister of Katie Stay, Cassidy’s mother. Ronald Haskell didn’t find his intended target, prosecutors said, but opened fire on the entire Stay family.

Cassidy’s phone call is believed to have prevented more violence, as Haskell was captured on the way to Lyon’s parents’ nearby home, police said.

[…]

In the case of the Stay family murders, police said Haskell had come to Texas from California in search of his ex-wife, who had recently divorced him after years of sustained domestic abuse, court filings show. They had lived together in Utah before Melannie Lyon escaped. Haskell had moved to California. where a restraining order was issued against him after he allegedly duct-taped his mother to a chair and choked her because she had spoken to Lyon.

But Lyon wasn’t at her sister’s home in the suburban Spring neighborhood that Wednesday afternoon.

Police gave the following account: Dressed as a FedEx deliveryman, Haskell knocked on the door, then went away. When he came back and knocked on the door again, Cassidy quickly realized something was not right, especially when he mentioned his name. Cassidy tried to close the door, but the burly Haskell forced his way inside, brandishing a 9mm pistol and holding Cassidy and the rest of the children hostage until their parents, Stephen and Katie Stay, returned home. Upon their return, Haskell demanded to know where his ex-wife was, but either no one knew or would say.

Initial police reports were that Haskell had tied up members of the family before shooting them, but court documents say he only threatened to do so. Katie Stay tried to stop him, and he opened fire on the entire family, killing Stephen, 39; Katie, 34; and Bryan, 13; Emily, 9; Rebecca, 7; and Zach, 4. Cassidy lay motionless until Haskell fled in the Stays’ Honda sedan, reportedly continuing his search for his ex-wife.

Katie’s 911 call saved her grandparents’ lives, officials said after the slayings. Harris County Precinct 4 deputy constables intercepted Haskell just seconds before he arrived at Lyon’s parents’ home, then chased him into a nearby cul-de-sac. After a long standoff, Haskell surrendered hours later.

“These people were seconds away from getting killed,” said Precinct 4 Constable Mark Herman, then the assistant chief deputy of the agency.

There’s more in this story, and of course there’s been plenty more written about this horrible crime, which happened in 2014. Haskell’s trial is now underway, and prosecutors will seek the death penalty. Because this mass murder occurred in a private home and not a public space, it hasn’t gotten the wall-to-wall national coverage that the public massacres tend to get, but this kind of violence, often involving multiple victims, is much more prevalent. We can and should have serious conversations about how to prevent men like Ronald Haskell from getting guns, but we should also be realistic enough to admit that that’s an impossible task. As long as guns exist, men like Ronald Haskell will find them, and even if we somehow thwart them, they’ll find other ways to carry out their violent urges.

The much harder question to ask ourselves is, how do we prevent boys from growing up to become men like Ronald Haskell? The rage, the hate, the misogyny, they all come from somewhere. It’s well established that a common factor in many mass murders is a history of domestic violence on the part of the shooter, as was clearly the case here. If we want to reduce gun violence, this is what we have to address. What are we doing about that?

Is there anything Houston can do about gun violence?

Not much, unfortunately.

Mayor Sylvester Turner

Mayor Sylvester Turner on Wednesday said he wants state lawmakers to give cities and counties more flexibility to address gun violence in response to mass shootings this month that killed 31 people, including 22 in El Paso.

Turner made the remarks at City Hall while calling for a special session of the Texas Legislature on the issue of gun violence.

Current state law mostly forbids local governments from passing measures that restrict gun usage.

Among the items Turner said he would like to pursue are background checks on firearms sales at gun shows, including those that have been held at the George R. Brown Convention Center.

“If I could do it today, I would do it today,” Turner told reporters. “But the state has preempted us.”

[…]

In March, Turner announced the city was establishing a task force to combat local gun violence. Houston Police Chief Art Acevedo has been an outspoken advocate for stricter gun laws, telling Congress earlier this year that gun violence is “one of the greatest public health epidemics facing the nation.”

Turner also allocated $1 million for police overtime pay in April to help officers fight gun violence.

Turner’s comments Wednesday echo those made last week by Harris County Judge Lina Hidalgo, who floated the idea of ending the use of county property for gun shows. The county, however, has no power to enact ordinances.

Hidalgo said Wednesday she is working with Turner on a proposal to take “whatever action we can.”

“We are hamstrung by the legislature. They have passed laws specifically preventing us from making policy around gun safety,” Hidalgo said. “We’re really looking under every nook and cranny for what can be done.”

Dru Stevenson, a law professor at South Texas College of Law Houston, said the state’s lock on local action largely is absolute.

“The state preempts municipalities from having any type of gun control regulation at all,” Stevenson said.

Even Hidalgo’s idea about ending use of county buildings for gun shows likely would not pass muster, according to Stevenson, due to how strict the state preemptions are.

“They’re more likely to get away with it informally than if they adopt a policy,” he said. “Behind the scenes pressure or incentives might work, but the gun shows are big and lucrative for the conference centers.”

There may be some other things the city could try, but the story doesn’t suggest anything interesting. As with a number of other vexing issues, the real solution lies in another level of government. Really, both state and federal for this one, but there’s probably more direct action that could be taken at the state level, if only by undoing the restrictions that have been imposed. That means the first real chance to get something done will be at the federal level, if all goes well in 2020. We’re not getting anything done in Austin until Greg Abbott and Dan Patrick, at the very least, have been sent packing.

By the way, Trump is also a deadbeat

It’s his brand.

President Donald Trump publicly pledged “all the support of the federal government” on Saturday after 22 people were shot to death in an El Paso Walmart this weekend.

But his statements are prompting charges of hypocrisy because the city claims the president’s political campaign owes an outstanding debt from a February campaign rally — specifically, more than half a million dollars.

On Monday, an El Paso city official said Trump has yet to pay.

According to Laura Cruz-Acosta, communications manager for the El Paso city manager’s office, the president has an outstanding bill of $569,204.63 for police and public safety services associated with a February campaign rally.

“The city staff have followed the process and procedures as it relates to any invoicing that we provide, and we will continue to do so accordingly as per city and state policies,” Cruz-Acosta said. She said that Trump owed an initial fee of $470,417.05 but that the city tacked on a 21% one-time late fee in June — 30 days after the campaign failed to pay the initial amount owed.

Local officials have repeatedly harangued Trump for not covering the costs associated with his visit to the border city, with some contrasting his actions with those of Democratic presidential candidate Beto O’Rourke, who visited his hometown for a rally on the same day and has since paid his dues.

“Our resources are really strained right now,” said Alexsandra Annello, a member of the El Paso City Council. “Our police and fire are exhausted, our health department had for three days straight been working with the reunification of families. As you see from the bill, these are the services required for a presidential visit. In addition to financial costs, our community and resources are already strained and do not need this extra burden.”

Here’s the invoice. His whole brand is stiffing creditors, and he can’t be shamed, so don’t hold your breath waiting for a check. I just hope he doesn’t add to the bill after today’s (unwanted) visit.

I don’t have anything to say this morning

Twenty people murdered in El Paso by a racist piece of shit. Just families, out shopping for back to school supplies. You’re not safe anywhere from an asshole with an automatic weapon and a manifesto. I grew up in a high crime era, but I never worried that I or someone I knew would be randomly gunned down on the street. But here we are.

We all know what needs to be done. We are not powerless. We are, for now, held hostage by a federal and state government that are dominated by a political party that will not do anything about it. We have the power to change that. I don’t want to live with the status quo. I don’t want my kids to live with the status quo. I have, and you have, the power to change it. What will we do?

The Lege versus the polls

There are reasons for this.

Politicians are often said to be chasing the polls, but sometimes they run the other way.

According to the latest University of Texas/Texas Tribune poll, at least two issues popular with a majority of Republican and Democratic voters — requiring businesses to offer paid sick leave and the implementation of “red flag” laws that would allow courts to order the seizure of guns from people who are deemed an imminent threat — are considered dead on arrival in the Capitol.

“It’s not uncommon that you see some level of popularity on an issue outside the [Capitol] and an opposite trajectory within the building,” said state Rep. Joe Moody, D-El Paso, who authored a red flag bill this session. “We shouldn’t dictate everything we do by a poll, but if we completely divorce ourselves from public perception, we’ll end up being more divisive than we need to be.”

Lawmakers will dole out a bevy of reasons to explain the dissonance between what legislators are doing versus what voters are asking for: lawmakers lagging behind culture, differences between statewide and regional polling or simply a disagreement between lawmakers and pollsters on how to get the best pulse on what voters want.

“Is a legitimate poll something you should pay attention to? It’s another piece of information and research data, and it’s helpful,” said state Sen. Charles Perry, R-Lubbock. “But does it change my whole mindset on where I’m going tomorrow? Absolutely not.”

Discussing “red flag” laws, which the UT/TT poll says 72 percent of Texans support, Perry said almost everyone can agree that the state doesn’t want “people that have mental challenges” to have access to guns. But he said implementing such measures might also have the unintended consequence of infringing on Texans’ Second Amendment rights.

“That’s a challenge and that’s a balance that legislators have to face: In the name of public safety, do we give up somebody’s liberty?” he said.

[…]

At the same time, leaders in both chambers are working to block municipal policies designed to ensure that workers in certain cities be required to offer paid sick leave to their employees. According to the UT/TT poll, 71 percent of Texas voters support policies requiring sick leave, including 56 percent of Republicans.

But some Republicans take issue with the poll, saying they disagree with how voters were asked about the issue.

“The UT/TT poll never addressed the fundamental question: Should local politicians be telling small businesses how to run their day-to-day operations, creating a patchwork of regulatory costs across the state?” said Alice Claiborne, a spokeswoman for state Sen. Donna Campbell, R-New Braunfels, who authored a bill this session to overturn local policies requiring sick leave.

Still, the disparity between lawmakers and voters on certain issues is striking — to both legislators and political outsiders. And after Democrats made gains in the state in 2018, some predict that politicians will be more reluctant to go against polls in the near future.

“Surely if I were a legislator I would be a little more cautious than I would’ve been two years before,” said Bryan Jones, a government professor and J.J. Pickle Regents Chair in congressional studies at the University of Texas at Austin. “If they’re not, they’re going to lose seats.”

The 2018 midterms, in some ways, shook up the status quo in Texas, Jones added. But whether lawmakers pay these polls any mind boils down to whether they think the midterms were a fluke or a trend.

“If lawmakers reacted to every one-time event they’d be all over the place,” said Bill Miller, a longtime Austin lobbyist. “You want to be mindful of the winds but you also want to be mindful of whether this is a sudden storm or a real change in climate.”

There’s a fairly simple reason for this disconnect. There are a significant number of people (read: Republicans) who say they support things like red flag laws and mandatory sick leave, but still vote for politicians who oppose them. Part of that is partisan identity, but mostly it’s because those voters agree with those politicians on other issues that are more important to them, or conversely disagree with Democrats on other issues that matter more to them. There may come a time when these people’s priorities shift – I’d argue the 2018 election was one such time, as we have discussed – but until then this is what we get. As is usually the case, until someone loses an election because of this, nothing much is going to change.

Let no horrific tragedy go unexploited

Barf.

Security companies spent years pushing schools to buy more products — from “ballistic attack-resistant” doors to smoke cannons that spew haze from ceilings to confuse a shooter. But sales were slow, and industry’s campaign to free up taxpayer money for upgrades had stalled.

That changed last February, when a former student shot and killed 17 people at a Florida high school. Publicly, the rampage reignited the U.S. gun-control debate. Privately, it propelled industry efforts to sell school fortification as the answer to the mass killing of American kids.

Since that attack, security firms and nonprofit groups linked to the industry have persuaded lawmakers to elevate the often-costly “hardening” of schools over other measures that researchers and educators say are proven to reduce violence, an Associated Press investigation shows.

The industry helped Congress draft a law that committed $350 million to equipment and other school security over the next decade. Nearly 20 states have come up with another $450 million.

Most everyone agrees that schools can be more secure with layers of protection, such as perimeter fencing, limited entrances and classroom hiding spaces.

But there’s no independent research supporting claims that much of the high-tech hardware and gadgets schools are buying will save lives, according to two 2016 reports prepared for the U.S. Justice Department.

There also are no widely accepted standards for school building security, as there are for plumbing and fire protection systems. That has not stopped industry representatives from rushing in, as they did in past high-profile shootings, some stoking fears that “soft target” schools could suffer terrorist attacks or negligence lawsuits.

[…]

Educators worry that hardening will siphon focus and money from programs that prevent bullying and counsel at-risk kids. Students have reported in government surveys that metal detectors, armed officers and similar measures make them feel less safe.

School psychologists like Tricia Daniel say campuses are more secure when students feel comfortable reporting suspicious behavior and trained staff can decipher whether that behavior is dangerous.

Yeah, but where’s the profit in that? Gosh, I just can’t understand why some people don’t see capitalism as such a good thing anymore. Wherever could they have gotten that idea?

Fifth Circuit upholds dismissal of campus carry lawsuit

Not a surprise.

The 5th U.S. Circuit Court of Appeals on Thursday upheld Texas’ campus carry law, delivering another clear victory to the state in a longshot, long-running lawsuit brought by University of Texas at Austin professors opposed to the law.

In July 2016, three professors claimed that a 2015 state law that allows licensed gun-owners to carry concealed weapons into most public university buildings would have a “chilling effect” on free speech in their classrooms. But a federal district judge threw out their case in July 2017, saying the professors didn’t present any “concrete evidence to substantiate their fears.”

Accepting that logic and advancing it yet further, a three-judge panel on the appeals court this week rebuffed the professors’ free speech claim as well as two other constitutional challenges they had made.

Like the lower court, the 5th Circuit panel found that the professors lacked standing to challenge the law because they had not sufficiently shown how it might harm them.

“[The professors] cannot manufacture standing by self-censoring her speech based on what she alleges to be a reasonable probability that concealed-carry license holders will intimidate professors and students in the classroom,” Judge Leslie Southwick wrote for the unanimous panel.

See here for the background. The plaintiffs’ lawyer is talking about appealing to the Supreme Court, which strikes me as unlikely to succeed, even in the alternate universe of a SCOTUS with Merrick Garland and not-Brent-Kavanaugh. Some problems have to be solved via the ballot box, and this sure seems like one of them.

Santa Fe ISD to install metal detectors

If that’s what they want

Metal detectors will be installed in all four of Santa Fe ISD’s campuses after its Board of Trustees voted to accept at least 16 devices that had been donated by two private companies and Lt. Gov. Dan Patrick.

The 4-2 vote came after weeks of contentious debate that divided the small northern Galveston County community in the wake of the latest mass school shooting, in which a 17-year-old gunman killed 10 and wounded 13 at Santa Fe High School on May 18. Trustees Patrick Kelly and Eric Davenport voted against the item.

The school board meeting agenda said the number of detectors to be installed would not be known until security companies do an assessment of the district’s high school, junior high and two elementary schools. The high school is scheduled to be assessed for the detectors this week.

[…]

Details about who will operate the detectors and how the school entry process will work are also being finalized. Officials did note that elementary school students would not be subject to metal detector scans or bag searches, but visitors to the district’s two elementary campuses would be.

Questions about metal detectors’ effectiveness and cost roiled parents and community members across Santa Fe.

See here and here for some background, and here for an earlier Chron story about the heated debate within Santa Fe over this. I’m sure you can tell that I am deeply skeptical about this; in the words of Bruce Schneier, this has security theater written all over it. But it’s their decision, and if that makes them feel safer, then it’s not really my business.

Campus carry at the Fifth Circuit

We’ll see if this gets a better reception than it got at the lower court.

Two years ago, three University of Texas at Austin professors — Jennifer Lynn Glass, Lisa Moore and Mia Carter — filed a lawsuit against state Attorney General Ken Paxton and several leaders of the UT System over a 2015 law that allows concealed handguns on college campuses. The professors argued the law infringed their First Amendment right to academic freedom, saying a “chilling effect” pervades their classes when students can bring guns into the room. The law went into effect in August 2016 and was immediately met with stiff backlash on campuses, particularly at UT-Austin.

The lawsuit, filed in federal court, sought to block the law and allow the professors to prohibit firearms in their classrooms. A federal judge turned down the request and dismissed the case last year, saying the professors failed to provide evidence that guns infringe on the professors’ free speech or that they have the authority to nullify state law in their classrooms.

Shortly after the decision, Paxton wrote that the “fact that a small group of professors dislike a law and speculate about a ‘chilling effect’ is hardly a valid basis to set the law aside.”

The suit then went to the 5th U.S. Circuit Court of Appeals in New Orleans, which [heard] arguments at Wednesday’s session.

[…]

Moore, who teaches English literature, said she’s optimistic about Wednesday’s appeal. Recent news of gun violence in the country, such as the shooting at Santa Fe High School south of Houston in May, shows the need for more sensible gun reform, she said. She and the other two professors, who all teach in the College of Liberal Arts at UT-Austin, want their students “to see us standing up for them,” Moore said.

“I hope we don’t have to have more deaths and school shootings to convince people that guns don’t belong in the classroom,” Moore said.

See here, here, and here for the background. I’ve never been optimistic about this lawsuit – I support the goal, but the arguments have not struck me as persuasive. For what it’s worth, if there was ever a time to make a First Amendment argument, this is clearly it. But this is one of those times where I think the only way forward is going to be at the ballot box. We want better gun laws, we’re going to have to win some elections, because I don’t expect the courts to be on our side. We’ll see if I’m wrong in this particular case. The DMN has more.

Metal detectors

They’re like magic.

More than a month after a deadly shooting at Santa Fe High School left 10 dead and 13 injured, Lt. Gov. Dan Patrick is taking steps to tighten security in the southeast Texas school district, part of an effort by the state’s Republican leadership to “harden” schools as targets.

Patrick announced Monday that he’ll donate “up to 10” metal detectors to the Santa Fe Independent School District, a Galveston County district of about 4,700 students. A private metal detector company, Garrett Metal Detectors, has also agreed to donate metal detectors to the district, as well as perform a security analysis and train staff at no cost, Patrick said.

Those new security protocols will be in place before the start of the school year, pending district approval, Patrick said.

“Santa Fe parents have asked for immediate action to secure the entrances to their schools and I want to make sure that if the Santa Fe ISD School Board wants to install metal detectors they can do so,” Patrick said in a statement.

And I’m sure if those metal detectors detect that someone is trying to bring a gun into a school, the security guards there will be empowered to confiscate it, because guns are dangerous and we can’t just let anyone walk around with them. Or maybe I’m overlooking something. I’m sure Danno has thought it all through.

But hey, if installing metal detectors at school is the key to keeping them safe from gun-toting evildoers, then why stop there? Let’s install metal detectors at all of the other places where gun violence has been a problem: Churches, nightclubs, hotels, movie theaters, shopping malls, post offices…you get the idea. Heck. let’s install metal detectors at every streetcorner in the state. I don’t know about you, but I’d feel much safer. Again, I’m not sure that Danno has taken this to its logical conclusion, but I’m sure we can work out the details.

(One place we won’t have to do this is at the Capitol, because they already have them there. Priorities, you know.)

Health care needs to be a twofer

Lt. Governor candidate Mike Collier is on the right track here, but he needs to keep going.

Mike Collier

Lieutenant governor hopeful Mike Collier announced his health care reform plan Tuesday, which aims to reduce costs and increase access to health care in Texas.

“Achieving these goals will not be easy,” Collier said in a statement. “But it’s time to get cracking. Doing nothing — the only skill our current governor and lieutenant governor seem to possess — is no longer acceptable.”

Colliers faces incumbent GOP Lt. Gov. Dan Patrick in November’s general election. Patrick has been a fierce opponent of the Affordable Care Act and any move to expand Medicaid, the health care program for the poor and disabled, to include the working poor.

Collier said Texas’ decision not to pay for health care costs for Texans who cannot afford health insurance is “unbelievably stupid,” and said that using federal dollars to close the coverage gap will bring Texas an estimated $9 billion per year in federal dollars and create as many as 250,000 jobs.

Collier said his plan also includes deploying state money to encourage Texans to buy insurance, which he said will drive down the cost of health care.

Additionally, Collier emphasized price transparency and a “Patient Financial Bill of Rights,” which would require insurance companies to provide health care prices in advance, show the availability of less expensive drugs and procedures, and itemize bills “in plain language,” among other requirements.

This is all good, but it’s missing an opportunity. You’ve heard me say this before, but it bears repeating – over and over and over again – that if we’re really going to talk about improving mental health care, which is all we ever talk about after another mass shooting, then we have to talk about expanding Medicaid, because it’s by far the biggest and best way to pay for mental health care for the people who need it. If we’re not talking about expanding Medicaid, then we’re just flapping our lips when we bring up the “mental illness” shibboleth. We need to keep saying this until it starts to sink in. You took a good first step, Mike Collier. Now please take the next steps.

Who watches the anonymous tipsters?

Am I the only one who sees the potential for problems with this?

Want a safe way to anonymously report suspicious activity at your neighborhood school to prevent a potential school shooting? There’s an app for that.

In light of last month’s school shooting at Santa Fe High School, the Texas Department of Public Safety on Friday announced the launch of its “iWatch Texas” app giving students, teachers and parents a new tool to anonymously report incidents, suspicious activity or odd behavior to a network of federal, state, regional and local law enforcement authorities.

The app’s launch is part of Gov. Greg Abbott’s 40-part plan to ensure schools are safer in light of a school shooting at Santa Fe High School where a 17-year-old student opened fire on students there, killing 10 people and injuring 13. His other recommendations include beefing up security and hiring more school counselor.

The iWatch initiative is part of the DPS Intelligence and Counterterrorism Division, which operates as an information clearinghouse in Texas. The iWatch system feeds information to the Texas Fusion Center’s watch center 24 hours a day to coordinate with local law enforcement. Other states have created similar apps.

I should note that the IWatchTX.org website has been in existence since at least 2013. What’s new is the app, which you can find in the usual places. You can put in your contact information, but you don’t have to, and that’s my concern about this. What’s to stop people from anonymously filing false reports? It’s well known that when law enforcement advertises a tip line for help with particular cases, they are inundated with useless information, from delusions and nonsense to people reporting loved ones and rivals out of spite or revenge. The odds that people with bad motives will use this app for nefarious, even sinister purposes are very high.

Now, it says on the IWatchTX website that each report “will be reviewed by an analyst to determine if similar reporting exists and to ensure the appropriate referrals are made”, so clear-cut BS will likely be filtered out. That’s still going to mean DPS resources are being used on filtering it out, and innocent people may still get caught up in it. I get what DPS is trying to do, and I agree there may be value in it, but I say DPS will need to be transparent about the reports they get via this app. What percentage of them turn out to be viable, and what percentage is straight-up baloney? What percentage of the people targeted by false reports are minorities? The public needs to know these things to feel secure that law enforcement efforts are being used wisely. If there’s not already a provision in the law to make that happen, someone needs to push a bill in the next Legislature to make one.

Senate considers mostly symbolic ideas on school safety

Once again, see if you can tell what’s missing from this discussion.

Nearly three weeks after a shooter killed 10 people at a high school southeast of Houston, lawmakers gathered at the Texas Capitol on Monday to discuss new school safety measures that might prevent another tragedy — and stopped short of rallying behind ideas like adding metal detectors to schools or updating school architecture.

“It’s going to be very difficult to stop every incident,” said state Sen. Larry Taylor, R-Friendswood, discussing the variety of situations in which students could be harmed.

Monday’s meeting came after Lt. Gov. Dan Patrick, a Republican, created the Senate Select Committee on Violence in Schools & School Security to study ways to limit violence in Texas public schools before they reopen in August. Prior to those orders, Abbott had released a 40-page school safety plan with dozens of proposals of his own in response to the shooting at Santa Fe High School.

Lawmakers studied many of Abbott’s ideas Monday, including ensuring that teachers are trained through Mental Health First Aid, a day-long course that trains individuals on how to spot and respond to mental illness and substance abuse. State Sen. Charles Schwertner, R-Georgetown, said around 25,000 school staff members in Texas have already been trained through the program.

[…]

In addition to metal detectors, lawmakers discussed designing schools to prevent threats, like by keeping administrative offices at the front of schools. Legislators also briefly discussed monitoring cameras, limiting school access points and improving locks.

It’s better than blaming everything on doors and video games, but not much more productive. I will take all the usual mutterings about mental health seriously when there’s a real proposal on the table to expand Medicaid, since expanding Medicaid will be by far the single most effective thing we can do to actually help many of the people who have mental health issues in Texas. As for the rest of it, I’m sure they could have some marginal benefit, but it all has the feel to me of talking about installing new windshield wipers when there’s smoke coming from the car engine and you have two flat tires. When are we going to address the real problems?

The problem with more cops in schools

I haven’t had anything to say so far about Greg Abbott’s proposed responses to the Santa Fe school shooting. There isn’t much to say about it – these are a bunch of small changes around the margins, all while scrupulously avoiding any mention of ways to understand the causes of gun violence or strategies to actually try to reduce it. It basically takes it as a given that hey, people are gonna get shot, so we may want to try to make it a little harder on the shooters. RG Ratcliffe has a critique that’s worth reading, but Mimi Swartz really gets at an issue that has not gotten the attention it deserves.

But overall, the governor’s plan to address school safety is profoundly regressive in ways that go far beyond the gun control debate. His call for more police and more military style security raises crucial questions about what kind of places schools should be. Specifically, his plans for more armed guards, armed teachers, and armed staffers will erase a decade or so of progress in making schools more welcoming—and Texas’ kids better educated.

Maybe few Texans recall the Zero Tolerance era, which started with the Pre-Columbine U.S. Congress’ Gun Free Schools Act in 1994 that required a one year automatic expulsion for any kid who brought a gun to school. The Clinton Administration encouraged schools receiving federal funding to adopt the tenets of gun free schools, which became the basis of zero tolerance policies in other areas. There were many unexpected consequences, especially punishments for minor infractions that could be looped in with the War on Drugs—along with entering a classroom without permission, or roughhousing on a school bus, kids could be expelled for bringing asthma inhalers and Sudafed to school. It probably wasn’t a coincidence that the Zero Tolerance Era coincided with the Tough on Crime Era of the Bush and Clinton administrations which led to exponential increases in prison sentences for minor offenses, particularly for men of color. The so-called school to prison pipeline was born.

Over the ensuing years, groups like Texas Appleseed worked overtime to issue reports and lobby the legislature to reduce school suspensions (some of which started in kindergarten) and dire punishments for, say, talking back to teachers. Their reports also showed that so-called Juvenile Justice Alternative Education Programs were basically low cost jails for kids and profit centers for private companies that did nothing but put good kids in with bad and offered no educational value to either. Studies also showed that putting more police in schools had a detrimental effect on learning, especially among poor and minority kids who were now the target of police abuse both on the street and in schools. It wasn’t surprising that dropout rates increased.

Over time, it became clear that Zero Tolerance just didn’t work. Newer programs like Restorative Justice, which allow kids to have their say and teach them to take responsibility for their actions, have won the support of liberal and conservative groups largely because they do. Even though they can be more labor intensive, they have been shown in numerous studies to keep kids in school and violence down. “What we have shown in our research and what we know experts have documented across the U.S. is that an increase in law enforcement doesn’t lead to a safer school and often results in real harm, particularly for students of color and students with disabilities,” explained Deborah Fowler, Executive Director of Texas Appleseed.

Abbott’s report, then, has the musty whiff of a darker time, despite protestations that more protections—offering gun training to nearly everyone who isn’t a student—are needed to keep kids safe. This despite an FBI report, among others, that shows no statistical evidence that putting more armed people in schools reduces school violence.

There’s more, so read the rest. It’s hard to know how much support there will be for these proposals, even with both chambers getting a head start on studying them. I just hope there are some voices expressing these concerns while that is happening.

From doors to video games

See if you can tell what’s missing from this discussion.

While Democrats clamored for stricter gun regulations and Gov. Greg Abbott discussed measures to tighten school security following Friday’s mass shooting at Santa Fe High School, Lt. Gov. Dan Patrick set his sights on another target: the makers of violent films and video games.

Patrick spent the weekend on national television talking about what was to blame for the tragedy in southeast Texas that left 10 people dead, the latest in a spate of mass shootings across the country. It wasn’t the ready availability of guns in this country, Patrick said. Instead, the bloodshed was the result of a “violent culture where we’ve devalued life,” Patrick told ABC’s George Stephanopoulos.

“We have devalued life, whether it’s through abortion, whether it’s the breakup of families, through violent movies and particularly violent video games, which now outsell movies and music,” he said. “Psychologists and psychiatrists will tell you that students are desensitized to violence, have lost empathy for their victims by watching hours and hours of violent video games.”

But many of those games are at least partially produced in Texas — including “Prey,” a first-person shooter horror game rated for mature players age 17 or older, and “Doom,” another mature-rated first-person shooter that depicts “mutilated corpses with exposed organs/viscera strewn in the environment,” according to the Entertainment Software Rating Board. And the state government has given millions of dollars in incentives to some of their creators.

Patrick has supported those state-funded incentive payments to lure film, television and video game creators to Texas, but on Wednesday he said those payments should be barred from certain projects or he would withdraw his support for the incentives program.

“The lieutenant governor does not support using state taxpayer dollars to make violent films or video games that are harmful to our children,” spokesman Alejandro Garcia said in an email, noting the Texas Film Commission may decide which projects get reimbursed. “If this is the direction they are going, the lieutenant governor will not support their funding requests in the future.”

Hey, you want to cut the film incentive fund, I’m fine with that, and I bet you could get a majority in the Lege for it. But that’s not what Patrick is proposing here – he’s saying that only films and video games that meet his standard for artistic merit should be eligible for those funds. Putting aside the ridiculousness of Dan Patrick as the official state movie and video game critic, there’s also the fact that the idea that violent films and video games lead to gun violence is even more ridiculous.

Pretty much everything Patrick said here is wrong. He also went on to blame abortions and broken homes and suggest arming teachers, but I’ll stick to his claims about video games.

Here are the facts. The evidence is abundantly clear at this point: Violent video games do not cause violence.

Longitudinal studies of youth have not found evidence that early game playing is associated with later violencedecreased empathy or conduct problems. In fact, the release of popular violent video games like “Grand Theft Auto” are associated with immediate declines in societal violence, and long-term relationships show that increased violent game consumption is associated with reduced youth violence — and we have to remember that youth violence is down by more than 80 percent from 25 years ago.

Also, playing games like “Grand Theft Auto” does not appear to decreaseempathy toward women. Internationally, the countries that consume the most video games per capita are among the least violent.

And analyses of school shooters have found that they appear to consume unusually low levels of violent media for males their age.

Villanova University professor Patrick Markey and I discuss much of this in our book “Moral Combat: Why the War on Violent Video Games is Wrong.”We note that, contrary to the lieutenant governor’s claims, most psychologists who study the issue do not link violent media to violence in society.

Indeed, across studies, only about 10 percent to 30 percent of scholars agree with him, making it a decidedly minority view. Just this year, the Media Psychology and Technology Division of the American Psychological Association (APA) released a policy statement asking politicians to stop making exactly the kinds of claims Patrick made about video games and violence.

Dan Patrick has a long record of not being interested in anything that doesn’t further his own political agenda. Nothing will change until Dan Patrick and others like him are voted out of office.

Santa Fe

I don’t have anything profound to say, though I would suggest that someone on Dan Patrick‘s staff try to explain to him the concept of fire codes and emergency exits. Beyond that, I’ll say again what I’ve said many times before: Nothing will change until we change who we elect. That’s not a guarantee of change, and it’s far from the end of the work to do, but it’s a necessary first step. Nothing will change until we change who we elect.

Houston Youth Walkout

Good work, y’all.

Chanting for gun-law reform and reduced firearm violence, an estimated 2,000-plus students marched to City Hall Friday morning as part of nationwide school walkouts.

The Houston Youth Walkout, believed to be the largest local out-of-class gathering to mark the April 20 protests, attracted students from across the region for a 1.2-mile march. They joined thousands of students from Greater Houston who demonstrated at their schools Friday morning, advocating for changes to gun laws and honoring victims of gun violence.

“To see so many students from different high schools come together brought tears to my eyes,” said Elena Margolin, a march organizer and senior at Houston ISD’s High School For The Performing And Visual Arts. “We realize we’re all in it together and all fighting for the same cause.”

School districts across the area prepared for demonstrations Friday, with many campus principals coordinating plans with students. They sought to balance free-speech rights with student safety and orderly continuation of classes.

Several demonstrations remained indoors, with students leading assemblies or rallies in gymnasiums, while others stayed confined to school grounds.

In recent days, students and campus principals across the region have been coordinating walkout events, as school districts try to minmize disruptions and safety concerns associated with walkouts. Several districts said they had empowered principals to allow events on campus grounds, encouraging them to speak with student organizers in advance.

See here for the group’s webpage, and here for their Instagram feed. There were similar events elsewhere in the state – see the Trib and the Rivard Report for other stories. April 20 was the 19th anniversary of the Columbine massacre, in case you were wondering what significance there was to the date. I appreciate the approach that school administrators took to this – no one appears to have overreacted in some ridiculous way – and hope that’s a model for events like this going forward. Next up, registering and voting for candidates that will listen to what these students are saying, and against those who won’t. Keep it going, kids.