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Steve Adler

No eviction moratoriums

So opines Ken Paxton, and we all know what an unimpeachable source he is.

Best mugshot ever

Texas Attorney General Ken Paxton advised Friday that local Texas governments’ attempts to delay evictions for renters grappling with the COVID-19 recession amounted to rewriting state law — something they can’t do, he said in nonbinding legal guidance.

“While local officials do possess certain emergency powers … statewide eviction procedures far exceed the requirement that those powers be exercised ‘on an appropriate local scale,’” Paxton said in a letter. “Government Code does not authorize local governmental entities operating under a declared disaster to independently rewrite state law as it applies to their jurisdiction to prohibit, delay, or restrict the issuance of a notice to vacate.”

Paxton’s letter, issued in response to a question from Republican state Sen. Brandon Creighton of Conroe, seems to chide local officials like Austin Mayor Steve Adler, who last month extended the eviction moratorium in the city until Sept. 30. Travis County Judge Sam Biscoe extended his ban until the same date. In other counties, like Harris and Dallas, some justices of the peace have decided to not hear evictions. It is unclear if Paxton’s opinion will influence those judges.

Adler said in a statement that his orders were lawful and “do not amend statewide eviction procedures,” but rather aim to “reduce person-to-person contact to slow the spread of COVID-19.”

Hector Nieto, a spokesperson for Travis County, said officials there are reviewing the opinion.

Paxton’s opinion could have weight if someone were to sue a local government over its eviction moratorium.

“I can’t say I’m shocked that the state attorney general would side with landlords. Nothing he has done to date shows us that we could expect something different,” said Sandy Rollins, executive director of the housing advocacy group Texas Tenants Union. “A lot of tenants are facing eviction in Texas by zero fault of their own, and putting protections that are normal in almost every other state should be allowed in this pandemic.”

As we know, AG opinions don’t carry the force of law, but they are an obstacle. As with other contentious matters on which Paxton has opined, someone will have to take this to court to force the issue. Of course, this is also something the Legislature can review and revise, and I’d say it needs to be on the ever-increasing list of things the Lege very much needs to do at its first opportunity. On a side note, this adds some context to the city of Houston’s rental assistance program, which has been offered instead of an eviction moratorium order, which a number of people advocated for. A moratorium would certainly have been a more comprehensive tool to keep people who have been affected by the pandemic and the economic devastation that resulted from it in their homes, but not if it could not be enforced. Whatever you think of Mayor Turner’s approach, it was not affected by this action.

Who wants to enforce Greg Abbott’s mask order?

Anyone? Anyone? Bueller?

Gov. Greg Abbott called on police across Texas to step up enforcement of his mask order amid the mounting pandemic, explaining Thursday that they can either “be part of the problem or part of the solution.”

Facing a revolt over the mandate within his conservative base, the governor acknowledged in a new round of interviews that masking is inconvenient, but said the alternative of locking the state down again is far worse.

“We have a short period of time in the next couple of weeks to bend the curve of this explosion in cases and hospitalizations,” he said in an interview on KSAT in San Antonio. “If we can enforce this, we will be able to keep the state open and reduce hospitalizations.”

Some local law enforcement officials, including the sheriffs in Montgomery and Gillespie counties, have refused to enforce the new order, citing personal liberties or enforcement logistics. On Wednesday, the Montgomery County Republican Executive Committee voted 40-0 to censure Abbott, joining at least three other county executive committees that have taken similar steps.

It’s more than just a few.

When Gov. Greg Abbott issued a statewide executive order requiring Texans to wear masks in public, he gave counties the opportunity to opt out if they have a low number of active coronavirus cases.

A week later, 78 counties have taken him up on that offer. And a handful of other local governments have insisted that they won’t enforce the order even though they don’t qualify for the opt-out provision. Officials cited a desire to preserve personal freedoms or concerns about enforcement.

“I think it’s an insult to Texans to be required to do something they should have discretion for,” said Hugh Reed, the top administrator for rural Armstrong County, near Amarillo, which opted out.

In a press release announcing the order, Abbott said that “wearing a face covering in public is proven to be one of the most effective ways we have to slow the spread of COVID-19.” Public health experts broadly agree that masks slow the spread of the virus, and the Centers for Disease Control and Prevention recommend face coverings for anyone 2 or older in public settings.

The order came as coronavirus cases have grown quickly in the state. As of Thursday, more than 9,600 people were hospitalized with the virus.

In order to opt out of the requirement, the counties need to have 20 or fewer active COVID-19 cases. Given the spread of the virus in recent weeks, only counties that are sparsely populated and rural tend to qualify. Most are in conservative areas of the state.

Rex Fields, the top elected official in Eastland County, said Abbott’s option for counties with low coronavirus case counts “gives people some personal freedom.”

But a few local officials without that freedom are also choosing not to enforce the order. In Montgomery County, which has a population of over 600,000 and has reported more than 2,700 coronavirus cases so far, the sheriff’s office said July 3 that it would not take action on the mask rule.

“This order includes specific language prohibiting law enforcement from detaining, arresting, or confining to jail as a means to enforce the order,” the agency wrote in a press release. “This language strips law enforcement of the necessary tools to enforce compliance with the law.”

Yeah, so maybe undermining the rule of law was not a great idea. Greg Abbott could be in a position to insist that his order be enforced, if only Greg Abbott hadn’t so clearly demonstrated that Greg Abbott’s executive orders regarding COVID-19 are just suggestions.

That said, some places are more serious about trying to stop the spread of COVID-19.

Gov. Greg Abbott signaled his encouragement Wednesday to Austin city leaders to move forward on “additional enforcement mechanisms” related to a recent order Abbott issued requiring Texans to wear masks in most public spaces.

In a letter to Austin Mayor Steve Adler, Abbott said the city’s consideration of new enforcement measures “to ensure compliance with my Executive Orders is an important step toward reducing the spread of the novel coronavirus (COVID-19).”

“As you know, these Orders were created and adopted based on advise from medical experts, and if these Orders are followed, we will be able to protect both public health and the livelihoods of our citizens,” he added.

The Austin-American Statesman reported Wednesday that the City Council will meet Thursday “to vote on a resolution that would allow for a fine of up to $2,000 for anyone violating a ‘health authority rule’ like not wearing a mask” and to take “civil action against any person who maintains a business or site that does not comply with minimum health standards.”

Another riddle solved, apparently. That resolution passed unanimously on Thursday. I’m sure it’s just a matter of time before the Hotze contingent files a lawsuit against this, but in the meantime it’s something. (Hey, Greg! Now do letting counties issue stay-at-home orders.)

Now to be fair, if I’m going to advocate for letting local authorities have some of their authority to make local decisions back, I’m going to be circumspect about criticizing a small rural county with a still-low infection rate for not wanting to enforce a mask order. But let’s be clear that all parts of the state are vulnerable, and those lightly populated places also tend to be many miles away from hospitals, so their residents are in greater jeopardy should they get sick. The approach I’m looking for here is one that says “this is the minimum that counties must do – they can go above and beyond it within reason, but they have to do at least this much”. That philosophy has been distinctly lacking in recent years in this state.

But here we are, and here we once again face the worst case scenario, at least as far as Greg Abbott is concerned.

With Texas continuing to break records for new coronavirus deaths and hospitalizations this week, Gov. Greg Abbott reiterated Friday afternoon that things will continue to get worse. And if people keep flouting his new statewide mask mandate, he said, the next step could be another economic lockdown.

“Things will get worse, and let me explain why,” he told KLBK TV in Lubbock. “The deaths that we’re seeing announced today and yesterday — which are now over 100 — those are people who likely contracted COVID-19 in late May.

“The worst is yet to come as we work our way through that massive increase in people testing positive.”

Texans will also likely see an increase in cases next week, Abbott said, and people abiding by his face mask requirement might be the only thing standing between businesses remaining open and another shutdown.

“The public needs to understand this was a very tough decision for me to make,” Abbott told KLBK of his face mask mandate. “I made clear that I made this tough decision for one reason: It was our last best effort to slow the spread of COVID-19. If we do not slow the spread of COVID-19 … the next step would have to be a lockdown.”

And then when sheriffs in heavily Republican counties refuse to enforce that, then what? Say it with me now: None of this had to happen. But it did, and it’s Greg Abbott’s fault.

Masks up

We solved Greg Abbott’s riddle, so all is well now, right?

With Gov. Greg Abbott’s apparent blessing, Bexar and Hidalgo counties have imposed a new mask rule for local businesses, saying they must require employees and customers to wear masks when social distancing isn’t possible. The move appears to open a new way for local officials to require mask use in certain public spaces after Abbott stymied prior efforts by local officials to put the onus on residents.

Bexar County Judge Nelson Wolff’s and Hidalgo County Judge Richard Cortez’s orders comes after Abbott issued an executive order June 3 banning local governments from imposing fines or criminal penalties on people who don’t wear masks in public.

Wolff’s order states that, starting Monday and running through the end of the month, businesses in Bexar County must require face masks “where six feet of separation is not feasible” before the business risks facing a fine of up to $1,000. Cortez’s order states businesses in Hidalgo County will risk being fined starting Saturday and will remain in effect until further notice.

The orders also state that, consistent with Abbott’s executive order, “no civil or criminal penalty will be imposed on individuals for failure to wear a face covering.” Later in the day, San Antonio Mayor Ron Nirenberg signed an update to his emergency health order to express support for and adopt Wolff’s order, saying that, as the number of coronavirus cases increase in the city, “masks are our best line of defense.”

[…]

“I’m pleased that the Governor has changed his mind. I’m asking our county lawyers and business leaders to look at this and plan to make a proposal for the Commissioner’s Court to look at very soon,” Dallas County Judge Clay Jenkins said in a statement, who said he’s already looking into whether he’ll follow suit.

A spokesperson for Harris County Judge Lina Hidalgo said they are checking with the county attorney’s office on Wolff’s order, adding that “we’re not any safer today than we were in March. There is no vaccine. No cure. We remain very concerned about the trajectory of hospital admissions.”

Texas Attorney General Ken Paxton’s office had already warned officials in big cities, including San Antonio, to roll back “unlawful” local emergency orders that featured stricter coronavirus restrictions than those of the state, while hinting of lawsuits if they do not. Paxton’s office declined to comment on Wolff’s order Wednesday.

See here for some background. The city of Austin has already issued a similar order, and I figure it’s just a matter of time before Harris and Dallas and a bunch of other places follow suit. I feel confident saying that the wingnut contingent will not take this lying down, so the question is whether they fight back via Hotze lawsuit, or do actual elected Republicans with their own power and ambition like Ken Paxton get involved? And when they do, what inventive technique will Abbott find to shift the blame to someone else this time?

Whistling past the ICU

Clap louder!

Gov. Greg Abbott and top Texas health officials on Tuesday responded to growing alarm over hospitals now swelling with coronavirus patients, assuring there is still plenty of space available even as some facilities have neared or surpassed capacity.

Speaking on yet another day of record high hospitalizations from the pandemic, Abbott said he is confident the state can continue reopening while controlling the spread of new infections.

“As we begin to open up Texas and Texans return to their jobs, we remain laser-focused on maintaining abundant hospital capacity,” said Abbott, a Republican. “The best way to contain the spread of this virus is by all Texans working together and following simple safety precautions.”

On Tuesday, the Department of State Health Services reported just over 2,500 COVID-19 patients in Texas hospitals, the highest single-day total since the pandemic began and nearly 67 percent more than on Memorial Day in late May. State and local leaders have pointed to the holiday weekend as one likely cause for the increase.

Statewide, there are still thousands of hospital beds and ventilators available. But in some of the largest cities, including San Antonio and Houston, the surge is pushing new limits. In Harris County, some hospitals said late last week that their intensive care units were near or above capacity.

Bill McKeon, CEO of the Texas Medical Center, said their number of COVID-19 patients has nearly doubled from its previous peak in late April. Many of the patients admitted now are younger and generally healthier, but are still susceptible to serious illness or death from the disease.

“If it continues to grow at this rate, we’re going to be in real trouble,” McKeon said of the admissions. He added that while it may not be feasible to reimpose lockdowns or other restrictions, state leaders should consider slowing the reopening if the uptick continues.

The official death count is past 2,000 now, though everyone knows that’s an undercount. On a per capita basis that’s still pretty low, but we’re doing our best to catch up. The idea that we’re “controlling the spread” in any fashion is laughable, except there’s nothing funny about what’s happening. And then we get this:

Abbott remained unwilling Tuesday to allow local officials to enforce their own mask ordinances, even as he acknowledged that many Texans are not wearing them. He instead accused Democratic county judges of not having done enough to punish businesses that fail to comply with other protocols, such as limits on public gatherings.

While they have the authority, Abbott said, many “haven’t lifted a finger.”

Hey, remember when Greg Abbott cravenly flip-flopped on consequences for not following his own executive orders? Good times, good times. What would you like the county judges to use, harsh language? Let’s not forget who’s in charge here.

But local officials are still trying, at least:

The mayors of nine of Texas’ biggest cities urged Gov. Greg Abbott in a letter Tuesday to grant them the “authority to set rules and regulations” mandating face masks during the coronavirus pandemic.

As COVID-19 cases and hospitalizations continue to climb in Texas, an executive order from Abbott bans local governments from imposing fines or criminal penalties on people who don’t wear masks in public. The mayors wrote that many people in their cities continue to refuse to wear face masks and that “a one-size-fits-all approach is not the best option” when it comes to regulating the issue.

The letter is signed by Houston Mayor Sylvester Turner, San Antonio Mayor Ron Nirenberg, Austin Mayor Steve Adler, Dallas Mayor Eric Johnson, Fort Worth Mayor Betsy Price, El Paso Mayor Dee Margo, Arlington Mayor Jeff Williams, Plano Mayor Harry LaRosiliere and Grand Prairie Mayor Ron Jensen.

The letter asks Abbott to consider allowing each city’s local officials to decide whether to require the use of a face covering in order to prevent the spread of the virus.

Mayor Turner’s press release is here, and a copy of the letter sent to Abbott is here. There was no response as of Tuesday afternoon.

Finally, let’s not forget that even as businesses may want to reopen, coronavirus may not let them. It’s almost as if an unchecked pandemic is a hindrance to having your economy run at full capacity. But don’t worry, Greg Abbott has everything under control. Now keep clapping!

Here come the shelter-in-place orders

The shutdowns are getting shut-down-ier.

Be like Hank, except inside

Many of Texas’ biggest cities and counties are ordering residents to shelter in place whenever possible.

San Antonio Mayor Ron Nirenberg and Bexar County Judge Nelson Wolff on Monday evening ordered residents to stay in their homes as the state grapples with the rapid spread of the novel coronavirus. The move came one day after Dallas County issued a similar order. Meanwhile, the Austin City Council and Travis County will team up Tuesday to issue a stay-at-home decree, Austin Mayor Steve Adler told The Texas Tribune on Monday. And Fort Worth city officials said Mayor Betsy Price and Tarrant County Judge Glen Whitley will do the same at a Tuesday morning press conference.

By lunchtime Tuesday, residents in at least four of the state’s five biggest cities are expected to be under such orders. The only possible holdout is Houston, the state’s most populous city, which hasn’t publicly announced any plans. But the Houston Chronicle has reported Harris County officials began drafting a shelter-in-place order over the weekend.

“Our message is simple: You must stay at home,” Nirenberg said at a press conference in San Antonio on Monday evening. “The best way to reduce the spread of the coronavirus is through strict social distancing.”

San Antonio’s “Stay Home, Work Safe” order is effective 11:59 p.m. Tuesday through 11:59 p.m. April 9.

You can add in Galveston County and some other places as well. If Greg Abbott isn’t going to do it, then it looks like everyone else will. As for Houston, here’s that Chron story:

Harris County officials over the weekend began drafting an order to place further restrictions on public activity in order to curb the spread of the novel coronavirus, according to sources with direct knowledge of the discussions.

Doctors and health experts across the country have said such orders are necessary to prevent COVID-19 from spreading so rapidly that it overwhelms the nation’s health care system. Texas Medical Center president and CEO William McKeon said Monday morning the presidents of TMC hospitals and other institutions were “unanimous in our strong recommendation to move to shelter in place.”

[…]

Harris County Judge Lina Hidalgo said at a news conference Monday morning “it may be that we issue a stay-at-home order or something of the sort.” She said county officials are still assessing whether to do so, and seeking the advice of other local leaders including Houston Mayor Sylvester Turner.

Judge Hidalgo and Mayor Turner are holding a joint press conference with local health leaders this morning “for a COVID-19 related announcement”, which sure sounds like the prelude to a shelter-in-place announcement, but we’ll see.

What this means is that most businesses are ordered to shutter, minus “essential services” like grocery stores, pharmacies, and of course health care facilities. You’re either working from home, or you’re on a break, likely for two weeks initially (what Bexar County ordered), though it could get extended. You can go outside to exercise as long as you maintain social distancing, and there may be civil enforcement for violations. I’m making some assumptions here – who knows, maybe Judge Hidalgo and Mayor Turner have something else to say, though I can hardly imagine what it could be – but this is what we have seen in cities that have already gone down this road. So, on the likelihood that this is what’s in store, get ready to hunker down a little harder. It’s what everyone thinks is our best hope right now.

UPDATE: The shelter in place order for Harris County is now in effect, effective tonight at midnight through April 3.

SXSW canceled

Wow.

Austin Mayor Steve Adler declared a local disaster Friday in response to the new coronavirus and issued an order canceling South by Southwest for the first time in its 34-year history. The 10-day event was scheduled to begin next Friday and expected hundreds of thousands of attendees to fly in from around the globe.

The decision was prompted by a recommendation from an expert advisory panel made up of 13 medical professionals. Major sponsors and companies had already pulled out of the event, including Facebook, Twitter, Netflix and Apple, and a petition to cancel the event had garnered over 50,000 signatures.

“We looked at the options for mitigation, we looked at other opportunities to decrease the threat to an acceptable level that would allow us to continue,” Dr. Mark Escott, Austin’s interim medical director and health authority, said at the press conference. “However, after careful deliberation, there was no acceptable path forward that would mitigate the risk enough to protect our community.”

There have been no known cases of the virus being spread through the community in Texas. By Friday afternoon, at least 17 people had tested positive for the virus, and all of them were exposed overseas. Eleven of those cases were among people who were repatriated and quarantined at the Lackland Air Force Base in San Antonio. At least six more were people from the Houston area who had recently traveled to Egypt. Escott said there are no confirmed cases of the COVID-19 virus in Austin, though there are tests pending.

SXSW organizers are “devastated,” but they “honor and respect the City of Austin’s decision,” according to a statement released on Twitter.

You can see the SXSW statement here. South By and the city of Austin will be fine, this will eventually be rescheduled, and while the short term effect will be devastating, they will recover. But please spare a thought for the folks who work in the hospitality industry – hotels, restaurants, bus and cab and rideshare drivers, and so on – who will really take it on the chin and may not have the capacity to recover. Go eat out for a few nights in the next couple of weeks, whether you live in Austin or anywhere else. Let’s not find that when things have returned to normal, so many of these places had to go out of business in the meantime.

Scenes from the March For Our Lives

From Houston:

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

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

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

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

[…]

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

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

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

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

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

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

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

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

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

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

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

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

Feds join the state in defense of SB4

I suppose this was to be expected.

About a month ago, the city of El Cenizo filed a lawsuit against the state, calling the bill unconstitutional. On Monday, the Trump administration got involved.

The defendants in the lawsuit are the state of Texas, Gov. Greg Abbott and Texas Attorney General Ken Paxton.

The fight started May 8, the day after Abbott signed SB 4 into law. The city of El Cenizo filed a motion for preliminary injunction against the state, attempting to stop SB 4 from taking effect in September.

“This is a violation of civil rights and human rights. It’s a reckless, dangerous and discriminatory bill that should not only be halted but declared unconstitutional,” El Cenizo Mayor Raul Reyes said.

“This is a battleground,” said attorney Luis Vera, with the League of United Latin American Citizens, or LULAC.

Vera represents El Cenizo. On Monday, his job got a lot more difficult.

“I received an email from the Department of Justice. President Donald Trump has ordered the Department of Justice to enter the case against El Cenizo and to file a brief and a statement of interest in support of the state of Texas, asking the federal courts to deny our motion for preliminary injunction,” Vera said.

I’m sure we’ll be hearing the outraged cries about the evil federal government messing in our precious local affairs any minute now. Until then, the Statesman fills in a few details.

The U.S. Department of Justice contacted Austin’s legal department on Monday indicating its intent to file a “statement of interest” and asked to be involved in the court hearings next week on SB 4, according to a city spokesman.

City officials learned of the Trump administration’s interest just as they were preparing to file a motion Monday asking a court to temporarily block the law, which is set to take effect Sept. 1. The city’s filing contains more than a dozen statements, including those from three Austin City Council members, Mayor Steve Adler, interim Police Chief Brian Manley and South by Southwest co-founder Roland Swenson.

The statements are intended to be used as evidence that SB 4 would create hardship and economic harm for the state if the law is implemented.

“Ultimately, my sincere belief — that I have expressed in multiple public statements to my constituents — is that implementation of SB 4 will make Austin less safe,” Adler said in a sworn declaration to the San Antonio federal court that will hold its first hearing June 26 on a legal challenge to SB 4 filed by San Antonio and Austin.

[…]

Meanwhile, Texas Attorney General Ken Paxton announced Monday that his office had joined nine other states in filing briefs in support of President Donald Trump’s executive order that would cut some Department of Justice grants to cities that prohibit local law enforcement from communicating with immigration agents. Austin and Travis County are in compliance with those laws.

Back in April, a federal judge in San Francisco blocked Trump’s Jan. 25 executive order from taking effect while a court fight over that measure plays out. Austin and Travis County are among dozens of cities and counties challenging that order in court.

Paxton’s brief is a separate matter from the SB 4 lawsuits but reflects the growing number of fronts in the fight over “sanctuary cities,” regarded as local jurisdictions that decline in some way to assist federal immigration enforcement.

I think it’s safe to say that all eyes will be on San Antonio on Monday. Hopefully, the city of Houston will have gotten involved by then.

Getting ready for the first SB4 hearing

All eyes are going to be on this next week.

On Monday, June 26, U.S. District Judge Orlando Garcia will hear the City of San Antonio’s request for a preliminary injunction to block Senate Bill 4, the “sanctuary cities” law, from taking effect on Sept. 1.

The Mexican American Legal Defense Fund (MALDEF) is representing the City in the lawsuit, along with the following nonprofit organizations: The Texas Association of Chicanos in Higher Education, the Workers Defense Project, and La Unión Del Pueblo Entero. The hearing, which is open to the public, will take place at 9:30 a.m. at the Federal Courthouse at 655 E. César E. Chavez Blvd.

“Judge Garcia consolidated three separate lawsuits into one,” MALDEF Vice President of Litigation Nina Perales told the Rivard Report Friday. “The City of Austin is now a part of our case, [along with] El Paso County, Texas Organizing Project, the City of El Cenizo in Webb County, and Maverick County,”

[…]

On Friday, the State of Texas dropped MALDEF from a pre-emptive lawsuit asking a federal court to declare the “sanctuary cities” law constitutional.

“We wrote them a letter and said that if they didn’t drop us we were going to ask the judge to fine Texas for bringing a frivolous lawsuit against MALDEF,” Perales said. “We’re the lawyers – you don’t sue somebody else’s lawyers. MALDEF has five cases against the State of Texas right now, so it’s not just about SB 4. They were draining our resources in other cases, including school finance and redistricting.”

The pre-emptive lawsuit was filed by Attorney General Ken Paxton on May 8 before any legal action was taken against Senate Bill 4. It still includes the following defendants: Travis County Sheriff Sally Hernandez, all of Austin’s City Council members, Austin Mayor Steve Adler, and Austin Interim City Manager Elaine Hart. El Paso County, El Cenizo, Texas Organizing Project, and LULAC have since been added to the list.

“Today, after MALDEF made very clear its intention to pursue all available remedies against the state of Texas for filing a completely frivolous lawsuit against a civil rights law firm, the state relented and filed a voluntary dismissal of all of its claims against MALDEF,” said Thomas A. Saenz, MALDEF president and general counsel, in a statement. “This now permits MALDEF to devote its energies to the appropriate forum for resolving the many constitutional questions surrounding SB 4 – federal court in San Antonio.

“Today’s dismissal represents only a partial cure of Governor Abbott’s and Attorney General Paxton’s apparent problem with premature litigation. A more complete cure involves dismissing the entire preemptive lawsuit they filed in Austin, which is illegitimate against the remaining defendants, just as it was against MALDEF.”

See here, here, and here for some background. I’m sure there will be national coverage of this, which will remind everyone that we’re not just about bathroom bills here in Texas. Houston City Council may have voted to join the fight by this time, though I’d expect it to get tagged for a week. Mark this one on your calendar, next Monday is going to be a big deal. The Observer, which notes that there will be a hearing in Austin on the 29th for “all pending matters” pertaining to his pre-emptive lawsuit, has more.

Mayors (still) against climate change

Someone’s gotta do it.

On Thursday, President Donald Trump officially announced that the United States would be withdrawing from the Paris climate agreement, citing the deal’s failure “to serve American interests.”

Hours later, governors, mayors, and environmental groups all had a different message: We’ll take it from here.

“Donald Trump has absolutely chosen the wrong course,” California Gov. Jerry Brown (D) said on a press call following Trump’s announcement. “California’s economy and America’s economy is boosted by following the Paris agreement.”

In the wake of the Trump administration’s sudden withdrawal from the international stage, local leaders — especially, though not limited to, those in progressive areas of the country — are recommitting to their work on climate policy. Brown, for instance, will reportedly discuss merging California’s existing carbon market — a cap and trade program started in 2012 — with China when he travels to Asia later this week. Canada has also reportedly been reaching out to U.S. governors to try and coordinate work on climate change.

Brown also joined with Govs. Jay Inslee (D-WA) and Andrew Cuomo (D-NY) to create the United States Climate Alliance, a coalition that will include states committed to meeting emission reduction targets previously submitted to the Paris climate agreement regardless of what action the federal government takes. Together, California, Washington, and New York represent one-fifth of the United States’ GDP — creating an economy larger than most countries that are party to the Paris agreement. The states also account for at least 10 percent of the country’s total greenhouse gas emissions.

“I am proud to stand with other governors as we make sure that the inaction in D.C. is met by an equal force of action from the states,” Inslee said in a press statement announcing the creation of the alliance on Thursday. “Today’s announcement by the president leaves the full responsibility of climate action on states and cities throughout our nation. While the president’s actions are a shameful rebuke to the work needed to protect our planet for our children and grandchildren, states have been and will continue to step up.”

U.S. mayors also voiced their criticism of Trump’s decision, vowing to recommit to local efforts to curb climate change. Cities are responsible for 75 percent of global greenhouse gas emissions, meaning that even small changes in city-wide policies — retrofitting street lamps with LED bulbs, for instance, or deploying electric vehicles for city-owned cars — can make a big dent in the country’s overall emissions.

“Austin will not stop fighting climate change,” Steve Adler, mayor of Austin, Texas, said in a press statement following Trump’s announcement. “Worldwide, cities will lead in achieving climate treaty goals because so much of what’s required happens at the local level. Regardless of what happens around us, we’re still Austin, Texas.”

Houston is in on this as well; you can see his press statement here. This is nothing new for Houston – in fact, if you go to the Climate Mayors homepage, you’ll see that former Mayor Parker was one of the founders. (I noted it at the time.) It’s good to see, and it’s yet another reminder of the importance of local elections, as I have a much harder time imagining the runnerup in the 2015 Mayor’s race being out front on this.

Uber and Lyft come rolling back

To Austin:

Texas Gov. Greg Abbott on Monday signed into law a measure creating a statewide regulatory framework for ride-hailing companies, overriding local measures that prompted businesses such as Uber and Lyft to leave Austin and other cities.

Uber and Lyft said they resumed operations in Austin on Monday. Lyft also said it would relaunch in Houston on Wednesday (Uber is already operating in Houston.)

“What today really is is a celebration of freedom and free enterprise,” Abbott said during a signing ceremony. “This is freedom for every Texan — especially those who live in the Austin area — to be able to choose the provider of their choice as it concerns transportation.”

House Bill 100 undoes local rules that the two companies have argued are overly burdensome for their business models. It requires ride-hailing companies to have a permit from the Texas Department of Licensing and Regulation and pay an annual fee of $5,000 to operate throughout the state. It also calls for companies to perform local, state and national criminal background checks on drivers annually — but doesn’t require drivers to be fingerprinted.

“Today’s bill signing creates a ridesharing network in Texas that benefits consumers, expands transportation options, maximizes access to safe, affordable rides and creates expanded earning opportunities for Texans,” Lyft spokeswoman Chelsea Harrison said. “Riders and drivers are the real winners today.”

And (for Lyft) to Houston:

Ride-hailing company Lyft will officially return to the Houston market.

San Francsico-based Lyft will return to Houston on May 31 at 2 p.m., according to Chelsea Harrison, Lyft’s senior policy communications manager. The move comes shortly after Gov. Greg Abbott signed House Bill 100, a statewide comprehensive transportation bill, on May 29. Lyft has been ramping up its local marketing, recruiting drivers and offering discount codes to riders since the bill went to the governor’s desk for signing.

“Today’s bill signing creates a ridesharing network in Texas that benefits consumers, expands transportation options, maximizes access to safe, affordable rides and creates expanded earning opportunities for Texans. Riders and drivers are the real winners today,” Harrison said in an email.

[…]

HB 100’s rules are expected to go into effect in September.

Actually, that law went into effect immediately after Abbott’s signature, as it was passed with a two thirds majority in both chambers. The normal rule is that bills go into effect after 90 days, but with a supermajority they go into effect immediately.

You know how I feel about this. I think it was reasonable for the Lege to clear the way for TMCs to operate outside of cities, and I can see some value in a uniform approach to regulating them. I don’t care for the ongoing contempt for local control, and the gratuitous “definition of gender” amendment really sticks in my craw. In the end, I largely agree with this:

Following the passage of the bill in both chambers, however, Austin Mayor Steve Adler issued a statement saying he was “disappointed” the Legislature voted to nullify regulations the city had implemented.

“Our city should be proud of how we filled the gap created when Uber and Lyft left, and we now must hope that they return ready to compete in a way that reflects Austin’s values,” Adler wrote.”

There’s clearly a demand for what Uber and Lyft sell, but let’s not kid ourselves into believing that HB100 has just ushered in some free-market nirvana for ride-seekers. I mean, surely at some point in the future Uber will succeed in buying up Lyft, thus making it a functional monopoly in that market. How exciting will it be then to have the equivalent of a cable company for ridesharing? The brief period in Austin where a bunch of companies actually competed for drivers and riders is what a free market looks like. Too bad none of the rest of us will get to experience that.

Get ready for the “sanctuary cities” lawsuits

It’s just a matter of time.

Now that Senate Bill 4 is on its way to becoming law, opponents are looking to the courts for relief – and a 2012 U.S. Supreme Court case is giving them hope.
The high court struck down parts of a controversial 2010 immigration law in Arizona on the grounds that Congress, not the states, has the power to create immigration law. Experts say that argument could come into play with Texas’ SB 4, which requires local jails to comply with immigration detention requests that federal officials have said are voluntary.

“My opinion is the state is regulating in the immigration field,” said Barbara Hines, senior fellow at the immigration reform group the Emerson Collective. “What the state of Texas is doing is they are creating their own detainer program. That is pre-empted. Immigration is a federal area.”

Among other things, SB 4 would create civil and criminal penalties for officials who disregard requests by U.S. Immigration and Customs Enforcement to extend the detention of jail inmates suspected of being in the country illegally. Those detention requests, or detainers, help facilitate possible deportation proceedings.

State Rep. Rafael Anchia, D-Dallas, predicted that the bill will follow the same course as Arizona’s SB 1070, better known as the “papers please” law because it required law enforcement officers in Arizona to demand the documentation of anyone they believed was in the country illegally.

Texas’ SB 4 doesn’t require officers to ask, but it prohibits sheriffs or police chiefs from keeping their officers from doing so.

“It allows local law enforcement to ask anybody on the street for their immigration status,” said Anchia, who chairs the Democrat-dominated Mexican American Legislative Caucus, which is fighting the state in court over redistricting maps it says are racially discriminatory.

[…]

Critics have argued the bill would separate families, deport well-meaning immigrants and create a fear in immigrant communities that might undermine their safety.

They picked up a legal argument this week after a group of mayors, including Austin Mayor Steve Adler, met with U.S. Attorney General Jeff Sessions for clarity on the ramifications for so-called “sanctuary cities.”

Sessions confirmed Tuesday to the mayors that compliance with the federal immigration detention requests sent to local jails — the central requirement of SB 4 — isn’t mandated under federal law. Rather, the jails can choose whether to hold inmates longer at the request of ICE, Sessions said.

That the comments came from such a high-ranking Trump administration official deflated the notion often associated with SB 4: that local officials like Travis County Sheriff Sally Hernandez are breaking federal law by choosing to ignore some ICE detention requests.

It also raised questions over whether the state could step in and create an immigration law making the detainers mandatory.

“It is inevitable that you will see cities and counties across the state suing the state. The overreach is unprecedented,” Austin City Council Member Greg Casar said. “I don’t know who died and made Greg Abbott (into) Putin, but our cities are going to fight back.”

See here for the background, and here for more on what Mayor Adler said about his meeting with Sessions. I hope opponents of this lousy bill flood the zone with lawsuits. It’s clear from the HB2 experience that setbacks in court will not stop the Lege from trying the same things again in the future, but it’s still necessary. Also, I say Greg Abbott has always had authoritarian inclinations, he’s just more comfortable expressing them in public now.

There will also be many headaches for law enforcement agencies, which strongly opposed SB4.

Houston Police Chief Art Acevedo spoke vehemently against Senate Bill 4 Thursday afternoon, calling it a dangerous move by the state Legislature because it would redirect limited HPD resources from crime fighting efforts to an initiative that does not improve public safety.

Acevedo did not share if HPD would alter its policies if SB 4 were to become law. However, he made it clear during the afternoon presser he would make public safety a priority over policies he believe are unrelated.

“I am carrying out my sworn duty and moral duty to speak out on matters of public safety. And I’m not here to keep a job to do it,” he said.

[…]

The legislation would force police to honor all federal requests to detain people suspected of being in the country illegally until federal authorities can investigate the person’s status. It also would prohibit local jurisdictions from passing or enforcing an ordinance that prohibits police officers from inquiring about a detained person’s immigration status, which would nullify the Houston Police Department’s 1990 policy on the matter.

“If that language does not get removed … we’re going to have some negative consequences,” Acevedo said.

Police departments across the state, including Houston, are understaffed, he said. And the bill would diminish those already limited resources, he added. Just this year Acevedo announced plans to target high-crime areas and violent documented gang members.

He also announced a joint effort with the Texas Department of Public Safety to decrease violent crime in the area by creating two squad assigned to the initiative.

However, he believes SB4 may affect those plans.

“We don’t have the resources, nor do we have the bandwidth nor the desire to be ICE agents. If I wanted to work for ICE, I would’ve applied for ICE,” he said.

Acevedo’s worry is that a police officer’s duty and the proposed policy will create a divide among departments throughout the state. While police officers are sworn to protect, he says the bill could open the door for harassment.

“I will lose my ability and authority to direct (my officers) workflow,” he said. “ … And all of sudden I’ll have a police officer that wants to go off and play ICE agent all day.”

He went on to add he hopes that isn’t the case, but that perception would be damaging for Houston – particularly on immigrant communities.

It’s not about what local officials want, it’s about what Greg Abbott wants. Sorry, Chief. The Chron, ThinkProgress, and the Press have more.

Another lawsuit filed over Prop 1 ballot language in Austin

Sure, why not?

Uber

It’s Uber Zimmerman!

Litigious District 6 Councilman Don Zimmerman sued Mayor Steve Adler in his official capacity Thursday, challenging the outcome of the Proposition 1 election on the grounds the ballot language “misled voters and omitted main features” and did not conform to the required format, case caption information shows.

A copy of the lawsuit, apparently filed late Thursday, was not immediately available.

“I’m deeply concerned about how the process, about how that went down,” Zimmerman said, late Thursday. “What I noticed from the campaign is that both sides were confused by the ballot language — the people for it and the people against it.”

If you’re keeping score, this is the second lawsuit filed over ballot language; there are also lawsuits over the use of automated text messages sent during the campaign, and over claims that Uber and Lyft’s exit violated federal labor law. The full Statesman story adds some further details.

A statement from the city of Austin defended the ballot measure and its language, saying, “The City Council respected the citizen-initiated petition process and voted to call a May election. The council made every effort to ensure that the ballot language fairly represents the petition’s intent.”

“The city prevailed in the pre-election lawsuit filed on this same topic, and is prepared to defend the actions it took as part of this election process,” the city’s statement said.

Zimmerman and his lawyer, Jerad Najvar of Houston’s Najvar Law Firm, argue that “the City’s much-touted fingerprint background check regime” will be enforced too slowly and “lacks any enforcement teeth” even once it’s fully implemented.

[…]

Zimmerman and Najvar asked in the suit that their complaint be consolidated with any other challenge to the same election to conform with a requirement under state law. They specifically cited the May 10 suit brought by Austin lawyer Martin Harry, who also objected to the city’s ballot language.

I still think the ballot language argument is dumb. Honestly, was there anyone in Austin who didn’t understand that Uber and Lyft wanted you to vote Yes on Prop 1? The proposition itself could have been written in Esperanto for all that it mattered. But as always, you never know what will happen once this sort of thing gets inside a courtroom. Engadget has more.

Our long national breakfast taco nightmare is finally over

At long last, peace in our time.

With an escalating culinary battle threatening to destabilize the region, the mayors of Austin and San Antonio met Thursday morning to announce a taco truce.

“As St. Paul admonishes us, let us not be overcome by evil, but overcome evil with breakfast tacos,” Austin Mayor Steve Adler said. “We will have guac in our times.”

Adler and San Antonio Mayor Ivy Taylor sought to bring to a close a weeks-long feud between their cities over which has the better breakfast tacos, proclaiming peace with the signing of the “I-35 Accords” and declaring each other’s tacos similarly delicious.

As the history books will show, the Great Breakfast Taco War of 2016 was first ignited by a provocative article in Eater Austin from writer Matthew Sedacca, headlined “How Austin Became the the Home of the Crucial Breakfast Taco.”

Soon thereafter, a petition on Change.org to exile Sedacca from Texas quickly gained over 1,700 signatures, describing the Eater article as a “churlishly negligent treatise.” Sedacca’s “wild inaccuracies, which dangerously approach libel,” the petition reads, “have already stirred the ire of many South Texas communities and further discord may loom on the horizon.” Competing op-eds in the cities’ respective newspapers only further escalated the conflict.

But, proclaiming March 10, 2016 as “Breakfast Taco Day,” Adler and Taylor sought to put aside their differences and embrace their mutual appreciation of the popular morning meal.

“What we must do and what we will do is lead,” Adler said alongside Taylor at Austin’s downtown Hilton hotel. “And that means celebrating the fact that there is more that unites our tacos than divides them. Let us break our fast with the tortilla of hope and the egg of peace.”

And so possibly the dumbest controversy ever – okay, maybe the dumbest one of 2016 so far – comes to an end. Now go and eat whatever breakfast taco you like best. It’s all good. The Rivard Report has more.

Austin will vote on rideshare ordinance revision

The month of May just got a lot more interesting.

Uber

Let the people choose how to regulate Uber and Lyft, a divided Austin City Council decided late Thursday.

The council, on a 2-8-1 vote, declined to adopt an ordinance underlying a petition drive that organizers said gathered more than 65,000 signatures. Under city rules about petition initiatives, that means that the city must hold an election on that ordinance May 7.

Council Members Sheri Gallo and Ellen Troxclair voted to adopt the ordinance, put forward through the petition drive earlier this year. Council Member Don Zimmerman, although he supports the ordinance and signed the petition, abstained. The election, the Austin city clerk estimated, will cost the city between $500,000 and $900,000, depending on whether some local school districts choose to hold elections at the same time.

The choice in May for voters will be between the petition ordinance, similar to Austin’s ride-hailing law that has been in place since October 2014, or, in effect, one passed by the City Council in December that in a year’s time would require virtually all drivers for Lyft and Uber to have passed fingerprint-based criminal background checks. The petition ordinance specifically says that drivers will not be subject to fingerprinting, instead undergoing the company background checks that are based on identifying documents like driver’s licenses and Social Security numbers.

The choice also, if the companies are to be believed, will be between having or not having Uber and Lyft operating in Austin. That would leave only GetMe, a small Austin-based company new to the peer-to-peer transportation business, to offer app-based rides here. That company has said it will abide by the city’s December law, which will go into effect Feb. 28.

A “yes” vote by the public May 7 would wipe out that ordinance.

“It’s going to be an expensive fight,” said Tom “Smitty” Smith, executive director of Public Citizen in Austin. “But sometimes you have to stand up to the bullies.”

[…]

The council, on a 4-7 vote, also rejected an alternative ordinance put forward by Mayor Steve Adler that would have been similar to petition ordinance, but would have required transportation network companies to pay the city 2 percent of its annual revenues to fund an incentive program for drivers to be fingerprinted.

See here and here for the background. Given all the noise that Uber and to a somewhat lesser extent Lyft are making in other cities that have tried to pass ordinances that regulate vehicles for hire, even ones that didn’t require fingerprints, this election is going to set a precedent. If Uber and Lyft get what they want in Austin, I feel confident they’ll try to do the same in other cities. If not, I don’t expect them to stop trying, but they’ll have to rethink their approach. Either way, the case for statewide regulation, in particular statewide regulation that requires fingerprint checks, takes another step forward.

Petitioners may force vote to change Austin rideshare ordinance

Assuming there were no shenanigans, this is an impressive show of force.

Uber

A group looking to overturn an Austin ordinance requiring fingerprinting of ride-hailing drivers said Monday it has gathered more than 65,000 petition signatures, more than three times what it will need to force a possible election on a substitute ordinance.

Ridesharing Works for Austin, formed just three weeks ago by six nonprofits with support from Uber and Lyft, plans to submit 23,000 of those signatures — 15 percent more than the legal threshold of 20,000 registered voters — Tuesday to the Austin city clerk’s office. The clerk must verify if enough of them are registered and meet other petition requirements.

The other 42,000 or so signatures would be held in reserve in case more than 3,000 of the first batch are rejected by the clerk.

Once the clerk certifies that the minimum number of legal signatures have been turned in, the City Council would have 10 days to either adopt the revised ordinance or call for a public vote at the next regular election date, which is May 7. The council would have to call for an election by Feb. 19 to get on the May ballot. The next election date is in November.

Lyft

City law does not say how long the city clerk may take to validate the signatures. In 2012, when about 33,000 signatures were turned in for a proposed city ballot initiative, the city clerk used about 10 days to validate the signatures.

Council Member Ann Kitchen, who as chairwoman of the council’s Mobility Committee spearheaded the push for requiring drivers to be fingerprinted for background checks, said she would not support council adoption of the substitute ordinance.

“At that point, I would want to go for an election,” Kitchen said Monday. “I would want to hear what the people think.”

Kitchen said that the substitute ordinance from Ridesharing Works for Austin, aside from not requiring fingerprinting, would eliminate other elements of the ordinance passed by the council Dec. 17. Ride-hailing cars would no longer need to have “trade dress” (signifiers of what company the driver is working for), and a requirement that pickups and drop-offs occur at the curb rather than in a travel lane would also be eliminated. Requirements for what data the companies must report to the city also would be much scaled back, Kitchen said.

See here and here for the background. As we know, Uber and Lyft do not like fingerprint requirements. They successfully pulled off this ploy in San Antonio by leaving town until they got an ordinance they preferred. Now that stricter rules, they’re taking the same tack, though with different tactics. I strongly suspect that if this initiative makes it to the ballot, it will pass in comfort.

There is some possibility for compromise:

Mayor Steve Adler has been working with high-tech executives to craft what he sees as an innovative way to thread the needle between mandatory fingerprinting of drivers and implacable resistance to it by industry leaders Lyft and Uber. Adler calls it Thumbs-Up Austin.

Adler and his kitchen cabinet of techies envision a nonprofit or a for-profit company that would build a “third-party, cross-platform badge validator” based on any number of measures of safety. Pointedly, Adler sees one of them being fingerprinting, and a background check based on that.

Then a peer-to-peer vendor like Uber or Lyft — or lodging app Airbnb, for that matter — could prominently display on the app or vehicles an indicator that a driver or homeowner passed that safety test.

Of course, participation in this would be voluntary, so it’s unclear how much of an effect it would have. And that’s assuming it makes it past the conceptual phase and into an actual product, which these outfits would buy into using. It’s not a bad idea, but I wouldn’t hold my breath. The Trib has more.

First impressions of the 2014 results

My initial thoughts, for what they are worth.

– Let me begin by saying that for all the criticism I had of the UT/Texas Trib’s polling and the skepticism of Internet-sample methodology, they were fairly accurate in the end. In particular, the last YouGov result just about nailed it. I still think what they do is more alchemy than anything else, and their subsample results often look ridiculous, but however they did it, they got it right and they deserve credit for it.

– I’m sure we’re about to be deluged with critical stories about Battleground Texas and public doubts about their future viability – the Trib and the Observer are already on it – but I have to ask, given the way this election went nationally, why they are more deserving of scorn than anyone else. In particular, how did they do any worse than the DCCC, DSCC, and DGA? The DSCC’s fabled “Bannock Street Project”, which was supposed to save the Senate by increasing Democratic turnout in battleground states, was a spectacular dud. Democratic candidates for Governor lost in such deep red states as Illinois and Maryland. Hell, the chair of the DGA, Vermont Governor Peter Shumlin, who pooped on Wendy Davis’ campaign a few months ago, failed to get a majority of the votes in his own election. BGTX doesn’t have much to brag about today, and I have no doubt they could have done plenty of things better. But I know a lot of people – friends of mine – who worked their tails off for BGTX and the Davis campaign, and I will not demean the work they did. If you want to criticize them, go right ahead, but please be specific about your complaints. I’m not going to pay attention to any generalized rants.

– Davis didn’t come close to matching Bill White’s vote total, and no statewide Dem reached 40% of the vote. That’s the harsh truth, and there’s no sugarcoating it. The funny thing is, though, for all the talk about turnout being down, it wasn’t actually Democratic turnout that was down. Here’s a comparison of the vote totals for the Democrats running for the top four offices over the last four non-Presidential cycles:

2002 2006 2010 2014 ======================================================= Governor 1,819,798 1,310,337 2,106,395 1,832,254 Lt Gov 2,082,281 1,617,490 1,719,202 1,810,720 Atty Gen 1,841,359 1,599,069 1,655,859 1,769,943 Comptroller 1,476,976 1,585,362 N/A 1,739,308

Davis didn’t peel crossover votes away from Abbott the way White did from Rick Perry, but beyond that I don’t see a step back. If anything, it’s an inch or two forward, though of course that still leaves a thousand miles to go. Where turnout did decline was on the Republican side. Greg Abbott received about 360,000 fewer votes than he did in 2010. Given the whipping that Republicans were laying on Dems across the country, one might wonder how it is they didn’t do any better than they did here.

One thing I’m seeing, and I’ll have more to say about this tomorrow, is that some people seem to think that because Davis got about 265K fewer votes than Bill White that means that overall Democratic turnout was down by that amount. In a word, this is baloney. White drew the votes of some 300K people that otherwise voted Republican. Their presence in his tally was nice for him, and would have been critical in a different year, but they had nothing to do with Democratic turnout. I am at a loss for why people are making that claim, and why they are overlooking or ignoring the gains in the races just below the Governor’s race, where a coordinated turnout effort would have an effect. Like I said, more about this tomorrow.

– Harris County wasn’t any prettier than the state was, and here in Harris there were declines in the vote totals of both parties. I’ve been looking at the statewide results more closely to see where the gains and losses were, and my initial impression is that the other big counties did move forward in ways Harris did not. The mail program was a success, but it seems clear that it mostly shifted behavior. If there was a net gain, in terms of votes we wouldn’t have had at all without the mail program, it means that in person turnout efforts were that much less successful. If we’re going to be introspective, that’s the place to start.

– All that said, if I’m newly-elected Harris County DA Devon Anderson, I’d take a few minutes to be concerned about the fact that I have to be on the ballot again in 2016. Consider this: By my calculation, the average Republican judicial candidate who had a Democratic opponent received 359,759 votes. The average Dem judicial candidate got 297,311. Anderson received 354,098 while Kim Ogg got 311,094. To put it another way, Ogg got crossover votes, which stands both her and Anderson in contrast to Pat Lykos in 2008 and Mike Anderson in 2012. Frankly, if she’s up for it, I’d tell Kim Ogg to keep running and start fundraising now for 2016. Assuming the patterns from the last two Presidential years hold here, she’d have a real shot at it.

– Along the same lines, of the five legislative seats the Dems lost (three in the House, one each in Congress and the Senate), HDs 117 and 144 should flip back in 2016, and if I were Pete Gallego I’d keep running for CD23 as well. (If he doesn’t want to run any more, allow me to be the first to hop on the Mary González bandwagon.) If Susan Criss can’t win HD23, which had been trending red for some time, I doubt anyone can. As for SD10, it’s not up again till 2018, but for the record, Libby Willis basically hit the Bill White number, which suggests she drew a non-trivial number of crossovers. Someone ought to take another crack at that one next time around but bear in mind this was always going to be a tough hold. I strongly suspect that if Wendy Davis had decided to run for re-election instead that we’d still be mourning her defeat.

– One prize Dems did claim was knocking off longtime Bexar County DA Susan Reed. Republicans claimed a victory over DA Craig Watkins in Dallas, where he was his own worst enemy. I refer you to Grits for more on that.

– Other results of interest: You already know about the Denton fracking ban. The Katy and Lone Star College bond initiatives passed. Austin Council Member Council Member Mike Martinez and attorney Steve Adler are in a runoff for Mayor; other Council race results, the first single member district elections in Austin, are here. And finally, Old Town Tomball repealed its ban on alcohol sales. Pour one out, y’all.

– Finally, a word on the matter of the efficacy of campaign ads, in particular negative ads. Yesterday morning after we dropped off the kids at school, Tiffany mentioned to me that Olivia’s understanding of the Governor’s race was that if Abbott won, there would be more standardized tests, which did not please her. “He wants to test four-year-olds!” she said. “That’s just wack!” I will simply note that at no time this year did I ever discuss the Abbott and Davis pre-k plans with her, and leave it at that.