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Kendall Baker

8 Day finance reports: Mayor and Controller

The Erik Manning spreadsheet is here, the July reports from Mayoral candidates are here, the July reports from Controller candidates (which in this case was just Chris Brown) are here, and the 30 day reports for both Mayorals and Controllers are here. All of the reports that I have downloaded and inspected can be found in my Google folder, and any reports that were filed non-electronically can be found here. Finally, the Chron story about the 8 day reports is here.

I’m not going to run through the 8 day reports for all of the races and candidates, as I have done for July and 30 day reports. Too many candidates, not enough time, and honestly not that much of interest for most of these campaigns. Though I may check out a couple of the Council campaigns, just because I’m curious about them. Anyway, the first reports are mostly about raising money, but the 8 day is mostly about spending it – ads, canvassers, calls and texts (note to campaigns: I’ve already voted please stop texting me kthxbai), signs to post at EV locations, etc etc etc. Keep that in mind as we examine these reports.


Candidate     Raised      Spent     Loan     On Hand
====================================================
Turner       376,947  1,260,650        0     787,331
Buzbee             0  2,866,445        0   1,300,780
King          87,344    193,980  410,000     141,287
Boykins       20,250     38,308        0      29,969
Lovell        
Baker          1,500      2,000        0       3,419
Broze          4,472      1,560        0       2,955
Houjami        1,377        273        0          38


Brown         37,010    211,379   75,000     108,907
Sanchez      107,581     81,350        0      66,299

Sue Lovell did not have a report posted as of Tuesday. She was one of the last to post a 30 day report, so I’m guessing it will be there eventually. Some day, I hope a bright young political science student will embark on a study of why anyone would be donating to an obviously going-nowhere campaign like one of Baker/Broze/Houjami, in particular in the end days before the actual election, when there can be no doubt that to do so is to light that money on fire. Beyond the scope of this post, and this blog, but I’m putting it out there into the universe to see what I may get.

We’ve known all along that the Buzbee finance reports are weird since he’s not actually raising any money but just writing himself bigger and bigger checks, thus rendering the “Raised” and “On Hand” fields useless. The main thing we learn here is that he apparently hasn’t written any more checks since September 27. One reason why Mayor Turner may really really want to avoid a runoff with Buzbee is because he’s going to have to raise a bunch of money in a very short time frame to be able to compete with Buzbee on the air. The good news is that contribution limits are reset for runoffs, so any currently maxed-out donors can be tapped again, but it still takes time and effort. Or maybe it doesn’t matter that much – maybe it’s all about GOTV and running yet another attack ad will just turn everyone’s stomach and not actually affect anything.

On the Controller side, Orlando Sanchez raised quite a bit, no doubt making up for lost time due to his late entry into the race. Chris Brown has pressed his financial advantage, spending quite a bit in this period, but maintaining a financial edge afterwards. I was a bit surprised to see an attack ad by Brown on Sanchez during Monday Night Football, which was essentially a retelling of the financial dominatrix story, and oh yes I am very glad to have the opportunity to use the phrase “financial dominatrix” again. Brown had been running positive, accomplishments-and-biography ads before now. I don’t know if this is a sign that he’s worried, or just a pre-emptive strike, but either way it took me by surprise. I guess life doesn’t hand you that many chances to run that kind of ad, so you may as well go for the gusto when you can.

30 Day finance reports: Mayor and Controller

All right, I’ve made some progress in the endless number of city candidate finance reports. We’re in crunch time, and the 30 day reports can tell us not just what kind of momentum candidates have had, but also whether the later entrants into the races have gained any traction. Let’s get down to it.

To set the table, the Erik Manning spreadsheet is here, the June reports from Mayoral candidates are here, and the reports from Controller candidates (which in this case was just Chris Brown) are here. All of the reports that I have downloaded and inspected can be found in my Google folder, and any reports that were filed non-electronically can be found here.


Candidate     Raised      Spent     Loan     On Hand
====================================================
Turner       733,324  2,235,523        0   1,618,015
Buzbee     2,500,000  3,475,058        0   4,167,503
King         281,829    550,022  410,000     263,448
Boykins      130,105    141,779        0      58,103
Lovell        28,493     10,929        0      17,564
Baker         20,000     16,340        0       3,919
Broze          3,620      3,782        0       1,027
Houjami        1,324      1,490        0         111

Brown        100,990     61,079   75,000     274,291
Sanchez       45,057     33,207        0      23,651

Some of this we’ve already covered. As a reminder, Buzbee hasn’t actually “raised” any money, he’s just written himself a check for whatever amount it is he’s reporting. Which we know will be even bigger for the 8 day report. Nobody else is in the same league as Buzbee or Mayor Turner. I have to wonder if Bill King will write himself a big check this month just so he can get some ads on the air. As for Dwight Boykins and Sue Lovell, I don’t know what they expected when they entered this race, but I’m guessing this wasn’t it. I don’t see any changes in their fortunes ahead.

Chris Brown was a strong fundraiser in 2015, and he’s a strong fundraiser this year. I’ve seen more of his ads on TV than I’ve seen for Bill King. Orlando Sanchez is Orlando Sanchez, which mostly means his campaign signs are littering the empty lots and freeway overpasses again. I don’t have anything more to say than that. More finance reports will be coming soon.

Bonus commentary on 2019 lineup

There was a lot of last minute activity at Monday’s filing deadline, as there usually is. Probably more so this year, as approximately ten percent of Houston adults are running for office this November. The point here is that the news stories and other available sources at the time had a lot to do to keep up with it all, and those of us who follow them now recognize there were things we missed the first time around. So, after another review of the Erik Manning spreadsheet and the City of Houston 2019 election page, here are some semi-random observations about things I didn’t note or comment on the first time around. I’ll run this down race by race.

Mayor: Mostly, I’m going to point out the filers and non-filers that are worth mentioning for one reason or another. The usual reason is going to be because my reaction to the late filers was along the lines of “oh, Lord, not that person again”. Exhibit A is Kendall Baker, who has cluttered up multiple ballots since the 2007 special election in At Large #3. Most recently, he ran in HD137 as a Republican in 2016, and in District F in 2015. Baker wasn’t a late filer – he had a June finance report – but as I prefer to think pleasant thoughts I’d forgotten he was in the race. He was one of the anti-HERO loudmouths who has his own problems with inappropriate behavior.

District B: Willie D did not file, so we will have a maximum of one Geto Boy on Council.

District C: Kendra Yarbrough Camarena did not file. She instead filed for the special election in HD148. Erik is tracking those filings in his spreadsheet as well. Yarbrough Camarena appears to be the first official entrant in this race. And don’t worry about District C, there are still thirteen candidates for that office.

District D: Andrew Burks rises from the ash heap to run again. Can you still be a perennial candidate if you once won something? My ruling is Yes. Burks served one action-packed two year term in At Large #2 from 2011 to 2013 before being defeated by David Robinson. I was wondering about how the term limits charter amendment would apply to him, and I found the answer, in Article V, Section 6a: “Persons who served a single term prior to 2016 who are not serving in City elective office in 2015 and thus not subject to subsection (b), shall be eligible to serve one additional four-year term in the same City elective office.” So there you have it.

District F: Adekunle “Kay” Elegbede is listed as a Write-In Candidate. Obviously, this means he will not appear on the ballot, so what does it mean? Here’s the applicable state law. Basically, this means that any write in votes for this candidate will actually count (as opposed to write-ins for, say, “Mickey Mouse” or “Ben Hall”), and there’s no filing fee.

District J: Jim Bigham, who ran against Mike Laster in 2015 did not file. He did not have a finance report, so no big surprise.

District K: Republican Gerry Vander-Lyn, who ran in the special election that Martha Castex-Tatum won, and one other person filed. Neither will provide much of a challenge to Castex-Tatum, but their presence means that no one is unopposed this cycle.

At Large #1: Ugh. Yolanda Navarro Flores, defeated by Zeph Capo in 2013 from the HCC Board, is back. In addition to her ethical issues while on the HCC Board, she was also pals with Dave Wilson. ‘Nuff said.

At Large #2: Apparently, it really isn’t an election without Griff Griffin. I had honestly thought he’d gone away, but no. The funny/scary thing is that he could easily wind up in a runoff with CM Robinson.

At Large #4: Anthony Dolcefino also jumps out of District C into this race. There are now 11 candidates in AL4, so it’s not like he landed in that much smaller a pond.

At Large #5: I guess Eric Dick isn’t having any fun on the HCDE Board, because here he is. As per the Andrew Burks Rule, which I just created, I label him a perennial candidate as well. Note that HCDE Trustees are not subject to resign to run, so Dick may continue on in his current gig, as Roy Morales had done for most of the time when he was on the HCDE Board.

HISD II: Lots of people signed up for this one after all. The one name I recognize is Kathy Blueford-Daniels, who had run for City Council in District B previously. Here’s an interview I did with her back in 2011, and another from 2013. Rodrick Davison, the one person to post a June finance report, wound up not filing for the office

HISD IV: Reagan Flowers was a candidate for HCDE in Precinct 1 in 2012. I interviewed her at the time. I feel like she ran for something else since then, but if so I can’t find it.

July 2019 campaign finance reports: Mayoral candidates

All right, now that we are past the 15th, most of the campaign finance reports are in, so let’s start reviewing them. Because there are several thousand candidates running for office in Houston, I’m going to split them into several groups. We’ll begin with the Mayoral candidates and go from there. As a reminder, my look at the January 2019 finance reports for Houston candidates is here, and all of the finance reports that I have downloaded and reviewed are in this Google folder. I’ll be going by Erik Manning’s invaluable spreadsheet, which lists the following Mayoral hopefuls:

Sylvester Turner
Kendall Baker
Derek Broze
Dwight Boykins
Tony Buzbee
Anton Dowls
Naoufal Houjami
Bill King
Sue Lovell
Demetria Smith

And here are the totals from the reports they have filed:


Candidate     Raised      Spent     Loan     On Hand
====================================================
Turner     1,698,596  1,362,879        0   3,218,268
Baker         15,810     15,650        0         260
Broze          1,379        188        0       1,190
Boykins      140,174     93,219        0      69,783
Buzbee             0  1,814,754        0   5,140,725
King         684,842    580,062  210,000     318,320

Sue Lovell didn’t enter the race until this month, so she does not have a report yet. The others are I presume typical fringe candidates who have no idea what they’re doing. Place your bets as to how many of them actually file by the deadline.

Sylvester Turner is doing what you’d expect. Given that he’s running against someone who’s willing to set large bags of his own money on fire for this race, it’s possible he’ll step it up even further for the next report, but it’s hard to complain about what he’s done so far. As for Buzbee, who made two contributions worth $5.5 million to his campaign this cycle after dropping $2 million before January, I guess this is what you do when you have more money than brains and all your toys bore you. He’s the only contributor to his campaign, by design. I almost feel sorry for Bill King, who doesn’t have Buzbee’s moolah or Turner’s base. He’s going to have a hard time keeping up.

And then there’s Dwight Boykins. I don’t know what I expected from Boykins’ July report, but here’s a fun fact for you: Boykins reported raising $150K in his July 2013 finance report, when he was running for his first term in District D. You may note that the “Office Sought” field on Boykins’ current finance report is blank. I’m not saying that Boykins may change his mind before the filing deadline and run for another term in his current office, but I’m not not saying it, either.

Finally, out of sheer curiosity, I also looked at the report of the End Pay to Play PAC, the vehicle by which Bill King failed to put a campaign finance referendum on the ballot. End Pay to Play raised $95K, of which $20K came from King, $20K came from Nijad Fares, $10K came from Hartman Advisors LLC, $5K came from JBK Family Interests Ltd, and there were five other $5K donors. Not exactly a grassroots uprising. It spent $130K, thus leaving about $41K in “unpaid incurred obligations”, with most of the spending going to an outfit called Election Day Strategies in Corpus Christi. And now it sinks from sight, a minor footnote in this busy year.

Here’s some Chron coverage on the reports so far. I’ll start looking at the Council candidates, along with other races. There’s no shortage of these posts to do. As always, let me know what you think.

UPDATE: As noted in the comments, Naoufal Houjami filed his report on paper, which you can see here. Some other candidates have done this as well, and their reports are here. Houjami raised $1,080, spent $356, and has $154 on hand.

Three State Rep race overviews

In the order of their publication, beginning with HD149:

Rep. Hubert Vo

Rep. Hubert Vo

For more than a decade in Texas House District 149 – where Harris and Fort Bend counties meet – a growing, ethnically diverse voting population has done something rare for the Houston suburbs: Elect a Democrat.

State Rep. Hubert Vo, whose district includes Alief and Katy, hopes the trend will carry him to a seventh term in Austin.

In 2004, his path to the Texas Capitol proved an ordeal, as he sought to unseat longtime Republican state Rep. Talmadge Heflin, who was chairman of the powerful House Committee on Appropriations. Vo won the race by 33 votes and, after a short-lived challenge by Heflin, Vo became the first Vietnamese-American elected to the state Legislature.

Vo has fended off Republican attempts to take back the seat, including in 2014, when he defeated Al Hoang, a former Houston City Council member, thanks to a majority coalition of Latino, African-American and Asian-American voters.

Come November, the Democratic legislator will face his latest GOP challenger: Bryan Chu, a Houston dentist who moved to Texas from California about a decade ago.

Born in Vietnam, Chu and his family fled the Southeast Asian country by boat in 1980, when he was 13, “in order to escape the harassment from the government.”

Chu said the district’s voters have kept Vo, a 60-year-old businessman and real estate developer, as their state representative largely because of ethnic-based loyalty.

[…]

Vietnamese-American voting preferences since 2000 have shown a sharp swing toward Democratic candidates, locally and nationally, for a group that once strongly supported Republicans, said Karthick Ramakrishnan, a public policy professor at the University of California-Riverside.

“Over time, we’re seeing that issues like the social safety net, health care are the kinds of things that are becoming more important in Vietnamese communities,” said Ramakrishnan, who directs the annual National Asian American Survey. “But there’s also a generational shift, much like the Cuban story, where (younger Asian-American voters) tend to be more Democratic.”

To Prof. Ramakrishnan’s point, I would note that HD149 voted for President Obama over Mitt Romney 58.8% to 40.1% in 2012, with every downballot Democrat carrying the district by at least 15 points. I’d call that a bit more than “ethnic-based loyalty”, which last I checked didn’t help Al Hoang very much. I suppose anything is possible, but you’d get long odds on Rep. Vo losing this race.

HD144:

Mary Ann Perez

Mary Ann Perez

One challenger has an unusual pitch in one of the state’s few competitive House races.

“I am former state Representative Mary Ann Perez and I’m coming by to ask your support to get my seat back,” the Democrat tells residents on a residential Pasadena street.

She is block-walking almost daily in her campaign to once again represent District 144, which includes Pasadena, Baytown and parts of east Houston. Her 2012 victory was the first time the district had sent a Democrat to Austin since Ann Richards won the governor’s mansion in 1990.

Perez, a 54-year-old insurance agent, ticks off her experience: She already served one term in the Legislature, losing to Gilbert Peña’s shoestring Republican campaign in 2014. She chaired the Houston Community College board and shepherded the system’s largest-ever bond package to passage. She led her homeowners association, volunteered with the Little League where her boys played and led a youth group at a nearby Catholic church.

Perez portrays herself as an experienced public servant and a pro-business Democrat with local roots who lost her seat practically by accident. Peña’s 152-vote victory surprised even Republicans, who had given him little support. “He got lucky,” Perez said.

Now, observers say, the socially conservative GOP incumbent is fighting for his political life in a presidential election year when Democratic turnout is expected to be strong. Donald Trump’s polarizing candidacy also may hurt down-ballot Republicans, especially in a district that is 70 percent Hispanic.

Here’s the interview I did with Perez in the primary; she won a three-way race without a runoff. This is a genuine swing district, but every Democrat carried it in 2012, with Perez outperforming the other Dems, winding up with a five point win against a stronger candidate than Gilbert Pena. The Republican establishment seems to consider this a lost cause based on fundraising totals in the July and 30 day reports. Again, anything can happen, and a stronger incumbent would make this a much more interesting race, but it would be a pretty big upset if Perez lost.

And finally, HD137:

Gene Wu

Gene Wu

Kendall Baker proudly admits that before deciding to try to replace his state representative, he had no idea who his state representative was.

“Nobody knows who he is,” Baker said. “That’s part of the reason I wanted to run. Because he is not visible to the community, and he’s not known to the community.”

The representative, Gene Wu, has a different take.

“We’re not a flashy office, but we are a responsive office. And I’ve been in this area for 30 years, and I’ve been always been a volunteer and community busybody,” Wu said. “And this is the first time I’ve ever seen his face pop up at any community event.”

The disagreement highlights the dynamics of the District 137 race, where the two candidates appear to be operating in different worlds.

Wu, a Democrat who is running for his third term representing the west and southwest Houston district, said he has built a reputation as a hardworking policy wonk who has helped the area by reaching across the aisle to achieve commonsense accomplishments in energy policy and criminal justice reform.

Baker, a Republican and high-profile opponent of Houston’s equal rights ordinance who ran unsuccessfully for city council last year, said that years of poor representation has left the district dilapidated and in need of a “good ol’ fashioned politician” to cut taxes and create jobs.

Here’s my primary interview with Rep Wu. Let’s just draw a curtain over this one, because Kendall Baker is an idiot who was a complete non-factor in the District F Council race last year and who was “indefinitely suspended” from his job at the city for being a sexual harasser. HD137 is strongly Democratic – 63.9% to 34.5% for Obama over Romney in 2012 – and Rep. Wu is a damn fine legislator who campaigns tirelessly. Donald Trump will shave his head and join the board of directors at Our Bodies Ourselves before Kendall Baker wins this race.

July finance reports for State Rep candidates

Hey, it’s July, and you know what that means: Campaign finance reports! There aren’t many State Rep races of interest this November, but there are four that I wanted to look at.

HD134

Rep. Sarah Davis
Ben Rose


Name        Raised    Spent     Loans    On Hand
================================================
Davis       92,972  252,457         0     53,839
Rose        83,047   31,278         0     54,691

I don’t really expect HD134 to be particularly tight – it will never be “safe” in the sense that most districts are, but it also won’t be any closer than 55-45 barring anything odd. Which, to be fair, could happen this year. Ben Rose has been pretty active so far, and he raised a decent amount of money; his campaign sent out an email on Tuesday bragging that they are “currently in 1st place with more cash on hand than our incumbent opponent”, which is true enough but not perhaps the most accurate way of viewing things, given that Davis spent a bunch of money in a contested primary. If he gets to make the same boast after the 30 Day reports come out, I will be genuinely impressed. In the meantime, it will be interesting to see if Rep. Davis retains the endorsement she received in 2014 from Equality Texas. She hasn’t done anything to forfeit it as far as I know, but unlike 2014 she has a viable opponent. We’ll see what happens.

HD144

Rep. Gilbert Pena
Mary Ann Perez


Name        Raised    Spent     Loans    On Hand
================================================
Pena        14,920   15,932         0     13,643
Perez       38,304   37,814         0     48,362

Bear in mind here that Gilbert Pena is the incumbent, not the challenger. How an incumbent, even an accidental one like Pena, could have that little to show for two years in office is a good question, but perhaps the answer is that he’s a clear underdog, based on 2012 results. Mary Ann Perez, who lost to Pena in 2014 by a close margin, had to win a three-way primary and will likely have an incumbent-sized bank account by the time the next report is filed.

HD149

Rep. Hubert Vo
Bryan Chu


Name        Raised    Spent     Loans    On Hand
================================================
Vo          34,763   44,541    45,119     56,071
Chu         27,668   42,732    46,475     17,593

As with Hd134, I don’t expect anything exciting here, but Republicans sometimes throw a bunch of money at Rep. Vo, and sometimes they find a self-funder to spare them the effort. Chu actually had a decent number of small-dollar donations, but in the end I doubt it will amount to much.

HD137

Rep. Gene Wu
Kendall Baker


Name        Raised    Spent     Loans    On Hand
================================================
Wu          42,851   35,928    45,000    124,611
Baker           20   23,424         0         20

This district is closer to safe than swing, but Rep. Wu’s opponent was one of the anti-HERO leaders, who ran for District F last year and finished third in a field of three. I was curious to see if any of Kendall Baker’s fellow HERO-haters would show him some love in this race, for old time’s sake if nothing else. I think you can guess what the answer to that is. Baker’s expenditures all came from personal funds, including $20K to Aubrey Taylor Communications for “Election related banners on blog posts thru 11/8/2016”. I’d always heard there was money to be made in blogging, I guess I was just too dumb to figure out how to do it. Maybe next election.

Precinct analysis: Districts with runoffs

District F was a three-way race, with challenger Steve Le leading first-term incumbent Richard Nguyen. Kendall Baker ran as a HERO hater, and finished third overall but did manage to come in first or second in nine precincts. I thought I’d take a look at those precincts to see if they’d tell me anything about how the runoff might go.


Pcnct   Le  Baker  Nguyen  Turner  King  Other   Yes   No
=========================================================
0298   196    180     146      84   238   272    202  395
0509    19     32      14      15    10    59     36   58
0559   198    181     175     259   117   294    274  399
0566    99    162     137     175    86   240    210  277
0620   189    219     164     105   303   280    229  466
0627   194    115     109     138    77   272    179  295
0814    62     67      54      94    20   104     84  130
0971     3      5       1       5     1     3      4    5
1000    28     29      27      42    10    45     29   60

“Yes” and “No” refer to the HERO vote. The bulk of the “other” votes went to Adrian Garcia, who finished second overall in F. Beyond that, there’s not much of a pattern to detect. Baker did well in a couple of precincts where Bill King did well, presumably where there was a decent share of Republicans who voted the Hotze slate, and he did well in a couple of precincts where Sylvester Turner did well, possibly because of a decent African-American population. What happens to these voters in the runoff is anyone’s guess.

As for Le and Nguyen, the bulk of the remaining precincts was won by Le. Here’s a summary:


   Le  Baker  Nguyen  Turner  King
==================================
3,292  1,865   2,535   2,399 1,755
  654    440     702     501   247
Richard Nguyen

Richard Nguyen

CM Nguyen won a plurality in Fort Bend, though there weren’t many votes there.

If you’re a supporter of CM Nguyen, there’s not a whole lot here to feel optimistic about. While the No vote on HERO tracks pretty closely to the combined Le/Baker total in those precincts where Baker did well, there’s a falloff between the Yes voters and the Nguyen voters. This to me is a sign of a candidate who is not very well known; given that Nguyen won in a surprise two years ago on a mostly shoe-leather campaign, that’s not much of a surprise. He won far fewer precincts than Le, and he won them by a smaller amount. I see two bits of good news for him. One is that he had $38K on hand as of his 8 day report (Le had $6K on hand, but he’d also loaned himself some money and likely could do more of that), so at least he ought to have the resources to reach out to voters. The other is that as Sylvester Turner won this district, and Bill King came in third, he can try to cleave himself to Turner and hope to catch a coattail. I make Le the favorite here, but Nguyen does have a chance, and if the HCDP wants to do something in the runoffs as its previous email announced, this race ought to be a priority for them.

In J, CM Mike Laster got more than double the votes of his closest competitor, Jim Bigham, who snuck into the runoff a mere 28 votes ahead of anti-HERO candidate Manny Barrera. The precinct data tells a pretty simple story here, as not-close election data often do. Laster won or tied for first in 27 of 32 precincts (the one tie had only 15 votes cast; he and Bigham each got 6). Of the 27 precincts Laster won, Bigham finished last nine times, and third six times. He was first only once, in precinct 426, where he finished exactly two votes ahead of Laster; Barrera and fourth candidate Dung Le each won two precincts. I have no idea what a path to victory for Bigham looks like. Turner also won in J with King coming in third, so Laster simply running as the Democratic candidate works for him. Anything can happen, of course, but anything other than a Laster win would be a big surprise.

I didn’t do a detailed analysis of H, even though it’s my district. The battle lines are less clear here, since Karla Cisneros and Jason Cisneroz were both pro-HERO and aren’t terribly far apart on many policy issues. If there’s one thing to watch for, it’s that a Karla Cisneros win would mean only one Latino member of Council for the next four years. There were plenty of lamentations about Adrian Garcia’s performance, but this seems to me to be a bigger issue. Will Latino leaders rally around Jason Cisneroz? For that matter, will Roland Chavez, who didn’t miss making the runoff by much, endorse a candidate? One could also note that right now there are only two women on Council, with three in the At Large runoffs. A Karla Cisneros victory would even things out a bit on that score. I could see this one going either way.

The phony “bathroom” issue

I am so tired of this.

HoustonUnites

Although Houston’s 36-page equal rights ordinance makes no mention of public restrooms, access to restrooms has become the focus of a raging public debate with the law set to go before voters on election day.

Opponents of the ordinance, largely conservative Christians, have flooded radio and TV with ads saying the law gives men dressed in women’s clothing, including sexual predators, the ability to enter a woman’s restroom. On Tuesday, the group released a TV spot that closes with a man bursting into a stall occupied by a young girl.

Supporters of the law, however, said the ordinance would in no way protect predators, pointing to a longstanding city law that bars someone from entering a restroom of the opposite sex with the intent to “cause a disturbance.” Legal experts agree the equal rights ordinance does not offer any protections to those who commit crimes, such as the oft-cited example of sexual assault, in a bathroom or any other place.

University of Houston law professor Peter Linzer said the law does not mean someone can enter a bathroom with the intent to commit a crime, regardless of gender.

“It’s a phony issue,” Linzer said. “If you commit a crime in a bathroom, you’re going to be prosecuted, and HERO is not a defense.”

[…]

Mayor Annise Parker pushed back this week on the idea that the ordinance in any way presents a public safety threat. The law is intended to protect someone’s consistent gender identity, not someone seeking to illegally gain access to a restroom.

“Two-hundred cities, 17 states have the same ordinance that we do or very similar wording that we do,” Parker said. “This just doesn’t happen. It is illegal for a sexual predator to go into a women’s restroom and attack anyone, and the idea that somehow the city of Houston is giving them free license is so offensive.”

Supporters of the ordinance have also questioned the authority of opponents on the issue of sexual conduct, given allegations against one of the group’s leaders.

That of course would be Kendall Baker, who is unironically out there warning people about perverts. I’m tired of talking about the lying and the lying liars who have been doing all this lying, so let’s talk a little about the truth. Here’s some truth about sexual assault from someone who’s spent a lifetime helping people who have been victims of it.

The talking point continues to be one of the most popular right-wing attacks on LGBT non-discrimination laws, and HERO’s opponents have used it relentlessly to weaken support for the measure among women and parents.

But in May 2014, during a public hearing before the Houston city council, HERO supporters gained a powerful voice in their fight against the “bathroom predator” talking point: Cassandra Thomas.

Thomas has spent thirty-one years at the Houston Area’s Women Center (HAWC), an organization dedicated to helping individuals affected by domestic and sexual violence. Aside from serving as HAWC’s Chief Compliance Officer, Thomas is also a member of the National Sexual Violence Resource Center Board and sits on the editorial board of the Sexual Assault Report of the Civic Research Center. She’s won numerous awards for her work on domestic and sexual violence, including a Lifetime Achievement Award from the Texas Association Against Sexual Assault.

Testifying before the city council, Thomas drew on her decades of experience to dismiss opponents’ fearmongering. “If you really want to stop sexual assault,” Thomas said, “then let’s cut out the scare tactics, and let’s speak the truth.”

[…]

The problem with the “bathroom predator” talking point, she explained, is that it fundamentally misunderstands how and why sexual assault occurs.

“Transgender people are not my bogeyman in the closet. My bogeyman in the closet is the man who is a rapist who has a position of power, that everyone thinks, because he has power or because he’s nice or because he’s white or because any of those stupid reasons, that ‘I’m safe from him.’ That is my biggest fear.”

Thomas’ position has been echoed by sexual assault experts in states and cities with similar LGBT non-discrimination policies, and it’s supported by research. Sexual assault is overwhelmingly carried out by people victims know and trust — family members or friends, religious and community leaders, etc. — and not random predators who pretend to be transgender.

“It puts a bogeyman face on a group of people who don’t deserve it at all, who are, by no account, through what we know, are dangers,” she added.

Stereotypical images of shady-looking men sneaking into women’s restrooms — which have become a centerpiece of the anti-HERO campaign — give women a “false sense of security,” Thomas explained. “It makes women think that there are only certain places and certain people that I have to be afraid of and that’s not true. We don’t know what rapists look like. There’s no big R on their forehead. And that misinformation sets women up to be injured.”

When asked about why opponents of HERO had latched on to the “bathroom predator” talking point, Thomas dismissed the idea that HERO’s opponents were seriously motivated by a concern for women’s safety. “If it was about women’s safety then these same people would be involved in the anti-violence movement from the start,” she said.

“If these same people were concerned about the safety of women, they would have come out against any number of issues that have come up about sexual violence over the years, but they have been remarkably silent. So all of a sudden women are in danger because of transgender people? No. They’re not.”

Amen.

Your official slate of candidates

Yesterday was the filing deadline. Here’s the official list of candidates, modulo any challenges or subsequently invalidated applications. The highlights:

– There are thirteen candidates for Mayor. The City Secretary might consider starting the ballot order draw now, this may take awhile.

– Dwight Boykins in D, Dave Martin in E, and Larry Green in K are the only incumbents not to draw opponents. No new contenders emerged in G or H.

– Kendall Baker became the third candidate in District F. Here’s a reminder about who he is.

– Former HCC Trustee Herlinda Garcia filed against CM Robert Gallegos in I. She was appointed to the HCC board in 2013 to fill Mary Ann Perez’s seat after having served before, and was supported in the 2013 runoff by Dave Wilson.

– Frequent commenter Manuel Barrera filed in District J, joining Jim Bigham and some other dude against CM Mike Laster. You can search for his name in the archives here. I think we have our 2015 vintage “straight slate”.

– Former District A candidate Mike Knox is in for At Large #1, and performance artist Eric Dick has graced us with his presence in At Large #2. Again, “straight slate”.

– I am disappointed but not terribly surprised to see that Durrel Douglas did not file in At Large #5. He hadn’t filed a July finance report, and as far as I could tell had not screened for endorsements. I know he’s been spending a lot of time in Waller County and working with the Houston Justice Coalition on the Sandra Bland case. Sometimes the time isn’t right.

– Former District F Council Member and 2009 Controller candidate MJ Khan filed for Controller. Not sure what’s up with that, but I’m guessing Bill Frazer isn’t thrilled by it.

– Here’s the Chron story, which includes the HISD candidates. The main point of interest there is former Trustee Diana Davila running for her old seat in District 8, against Trustee Juliet Stipeche.

That’s all I know for now. I’ll be updating the 2015 Election page over the next couple of days to get all the changes in. We’ll see if anything else shakes out. What are your impressions of the candidate list?

More on the HERO repeal petition jury verdict

KUHF has a good look at What It All Means.

PetitionsInvalid

“It’s tough to predict,” said Teddy Rave, an assistant professor at the University of Houston Law Center.

“It looks like the jury pretty much split the baby. They answered some questions in favor of the plaintiffs and some in favor of the city. And now it’ll be up to the judge to apply the answers that the jury gave to the signatures on the petition to try to figure out which ones are valid and how many of them are valid and whether that will get across the threshold.”

The jurors were asked to consider six different questions.

For example, in Question 1, they had to determine which of 98 different petition gatherers “signed and subscribed” their oath. Without a valid oath, all signatures that person gathered are invalid.

The jury said “no” for about two-thirds of them.

But [Andy] Taylor, the plaintiffs’ lawyer, argued that says nothing about what the judge will end up ruling on that question.

“As long as you substantially comply with the purpose of the law, then the vote counts,” Taylor said.

He said as long as someone signed or wrote their name anywhere on the page, their intent is clear.

[Geoffrey] Harrison, the city’s lawyer, disagreed.

“People who sign where they’re supposed to legibly identify their name but fail to sign to actually take the oath — that’s the fundamental problem,” Harrison said.

See here for the background. What you need to see is the copy of the jury charge embedded in the KUHF story link. It gives a good idea of just how shoddy the effort of the petition collectors was. For example:

– To the question “Which if any of the following Circulators signed and subscribed the Circulator’s oath in the Referendum Petition?”, where “subscribed” means “to sign one’s own name” at the bottom of the pages, the answer for 64 of the 98 circulators was No. Among them were former Council candidates Philip Bryant, Kathy Ballard-Blueford Daniels, and Kendall Baker; pastor Steve Riggle, and former Harris County GOP Chair Jared Woodfill.

– The plaintiffs made a big deal out of the fact that the jury answered No to the question of whether any pages submitted by 13 different circulators contained fraud. But to the question of whether or not they contained forgeries, the answer for 12 of the 13 was Yes, and to the question of whether or not any of them contained “non-accidental defects”, the answer for 6 of 16 was Yes.

– Finally to the question of whether or not the circulators’ affidavit oaths were true and correct, the answer for 12 of the 13 was No. Interestingly, the one circulator for whom the answer was Yes was also the one circulator whose pages were found to contain no forgeries.

The big question is how many petition pages get knocked out as a result of all these errors, incompetencies, and forgeries. There was a meeting between Judge Schaffer and the attorneys on Thursday the 19th to discuss this very topic.

In the hearing, Judge Robert Schaffer sought input from the lawyers on what to base his final ruling on.

Andy Taylor represents the plaintiffs — pastors and conservatives who oppose the ordinance.

He said the judge will ultimately decide how many valid signatures there are left.

“There are multiple rulings that he’s going to have to make,” Taylor said. “Some of those rulings have subcategories and subparts. It’s very, very complicated.”

The jury found several instances on the petition where signature gatherers didn’t sign their oath correctly. They also found cases where the same person signed for others, and other defects. But it’s not always clear-cut when a signature is invalid.

Geoffrey Harrison, who represents the city, thinks otherwise.

“If the judge does use the jury’s verdict as a framework for the judge’s decision, this case is over for the plaintiffs,” he said. “They lose and it’s not close.”

We’ll see about that. Judge Schaffer is expected to make his ruling on Monday. The more that get tossed, the fewer pages for the city to re-count valid signatures (“valid” meaning registered voters in the city of Houston), and obviously the better the chance that there won’t be enough of them. This is, as they say, a big effing deal.

On bathrooms and menaces

Nonsequiteuse has something to say.

Steven Hotze, M.D., recently published these outright lies about the Houston Equal Rights Ordinance:

Mayor Parker’s ordinance would include minority status for the so called “transgendered,” allowing a biological male to legally enter women’s public bathrooms, locker rooms and shower areas and expose himself to women and girls or just ogle them like a peeping Tom. All he has to claim is that he “thinks of himself as a woman.”

I want to protect my wife, daughters and granddaughters from being exposed to the dangers of male sexual predators masquerading as women in women’s public bathrooms, locker rooms and shower facilities. Don’t you want the same for your wife, daughters and granddaughters? Shame on Mayor Parker and city council for passing an ordinance that would put women and children at risk from sexual predators. That is why it is referred to as the Sexual Predators Protection Ordinance.

Shame on Steven Hotze for deliberately and willfully lying about the ordinance.

Let me break this down for you.

  • The ordinance does allow transgender people to enter public bathrooms.
  • Someone who is biologically male, but who lives life presenting herself as a woman, is considered to be a transgender woman, or transwoman. This person would use the same bathroom as a cisgender woman, or ciswoman, which is a woman who was both born biologically a woman and who presents herself to the world as a woman.
  • Transgender people have to use the bathroom for the very same reasons cisgender people do, and they have to do so when out in public for the exact same reasons, too.
  • A transman or transwoman using a bathroom is NOT committing a crime by being in a bathroom and utilizing the plumbing fixtures therein.
  • A transwoman or transman is NOT committing a crime by being a transgender person.
  • A person who enters a bathroom to commit a crime IS a criminal.
  • A person’s gender identity is irrelevant to any criminal intent or action. In other words, you are a criminal for committing a crime regardless of your gender.
  • A man who puts on a dress in order to commit a crime is not transgender. Such a person is a criminal using a disguise that he hopes will allow him to evade detection and apprehension.
  • “Thinking of himself as a woman” is not now, nor has it ever been, nor will it ever be, an affirmative defense to charges that a crime has been committed. The ordinance does not create such an affirmative defense, and never tried to do so.

Calling this equal rights ordinance a “sexual predator protection ordinance” is a deliberate attempt to scare and mislead people. This ordinance does not exempt any person or class of people from criminal penalties for committing criminal acts.

She has more, so go read the rest. If Steven Hotze is genuinely concerned about sexual predators in his midst, he’s not looking in the right places for them. Or maybe he should look closer to home.

We now know why Houston’s 311 director lost his job.

Kendall Baker was the subject of a sexual harassment investigation. Afterwards, Baker, who is also a minister, spoke out against Houston’s equal rights ordinance saying it would allow predators into women’s restrooms.

Baker is a member of the Houston Area Pastors Council. Just a few weeks ago, Pastor Baker addressed Mayor Annise Parker as he spoke against Houston’s equal rights ordinance during public comment.

“I say to you, what if I came into the bathroom while you were sitting on the toilet? Wouldn’t you feel uncomfortable?” Baker asked.

But city records show Baker was placed on indefinite suspension from the city, after the Office of the Inspector General reportedly found Baker had sexually harassed subordinate female employees.

Baker was among the multitude of candidates that ran for At Large #3 in the 2007 special election. Just as well he didn’t get elected, I’d say.

One last thing. I don’t know how well the petition effort to repeal the Houston Equal Rights Ordinance is going. It’s not that high a bar to clear, and there are sadly plenty of people out there who think like Steven Hotze and Kendall Baker, so I won’t be surprised if they succeed. It should be noted that the petitions, if they do get filed with the City Secretary, become public documents. If there are any closet supporters of repeal out there, the only way they can stay in that closet is to not sign one of those petitions. Just FYI.