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Steven Hotze

SCOTX rejects multiple Hotze petitions

Some good news.

The Texas Supreme Court has refused to hear several challenges by a Houston conservative power broker to emergency orders on coronavirus issued by Gov. Greg Abbott and Harris County Judge Lina Hidalgo.

Without comment, the nine Republican justices on Friday denied a request that they review a trial court that upheld Hidalgo’s April 22 mask order.

The order required residents to wash hands before leaving home and wear masks, stay 6 feet away from each other and avoid touching their faces in public. For a time, Abbott, a Republican, prevented Hidalgo, a Democrat elected in 2018, from enforcing it. The governor later reversed course and issued his own mask order.

Experts said Friday they weren’t surprised that in five recent lawsuits, the state’s highest civil court has declined Dr. Steve Hotze’s demands that it step in and overturn Abbott and Hidalgo’s COVID-19 orders. Each time, the court ruled on procedural grounds.

Hotze, a staunch conservative who for decades has wielded influence with his “slate cards” telling Harris County voters whom to back in Republican primaries, said his bid to protect Texans’ state and federal constitutional rights will continue.

“We fight on,” he said. “It’s obvious to me some members of the Supreme Court just don’t want this case to come up. They don’t want to go against Abbott. Six of them were appointed by Abbott.”

See here for the background, and here for the one-line denial. This follows on the heels of an earlier denial over Abbott’s statewide mask order.

The Texas Supreme Court on Friday dismissed a lawsuit disputing Republican Governor Greg Abbott’s executive orders closing nonessential businesses during the Covid-19 pandemic, but one justice expressed concern he is improperly taking the role of state lawmakers.

The Republican-controlled high court dismissed without comment the lawsuit filed by lead plaintiff and Republican activist Dr. Steven Hotze for a lack of jurisdiction.

Justice John Devine agreed with the dismissal, concluding a lawsuit against the governor is the incorrect vehicle. Nonetheless, Devine said Abbott’s emergency actions are not “categorically immune” from review by the courts and he finds it “difficult to square” the governor’s orders and state law.

“I share relators’ concern in what they describe as ‘an improper delegation of legislative authority’ to the executive branch,” his five-page concurring opinion states. “During declared states of ‘disaster,’ the Texas Disaster Act of 1975 bestows upon the governor the power to issue executive orders that have ‘the force and effect of law.’ Disaster or not, the Texas Constitution doesn’t appear to contemplate any circumstances in which we may condone such consolidation of power.”

Devine, a Republican, said the constitution’s ban on a branch of government exercising another branch’s powers “is not simply a suggestion.”

“In the first article, it states: ‘No power of suspending laws in this state shall be exercised except by the Legislature,’” he wrote. “This provision means what it says. The judiciary may not suspend laws. Nor may the executive. Only the Legislature.”

The Texas Legislature is only in regular session once every two years for 140 calendar days beginning in January. Abbott has so far ignored calls by state lawmakers to call a month-long special session to replace his executive orders during the pandemic.

Devine wrote the court’s dismissal “should not be misperceived as a judicial kowtow” to Abbott, saying there is no “pause” button to the Texas Constitution. He expressed worry that more executive orders will come when a second wave of the virus hits, resulting in “short-term orders could continually escape” the court’s review.

See here for that background, and here for that denial. This recapitulates what I’ve been saying all along – there are serious questions to be asked about the Governor’s powers at this time and what the role of the Legislature should be, questions that I sincerely hope are addressed by the next Lege, but Steven Hotze and Jared Woodfill and their shambling evil Lawsuits R Us clown car is absolutely the wrong way to examine those questions. I would also add that SCOTX’s loopiest Justice John Devine is exactly the wrong person to be setting the outlines of this debate, but at least he did so in a concurring opinion. I’ll take what I can get at this point.

On a side note, in that first article Rice poli sci professor Mark Jones is quoted saying that in a 2015-2017 context, Greg Abbott very likely would have given more weight to the demands of the fringiest wingnuts in the Republican Party, because there would have been no political counterweight to them. But now, at a time when Donald Trump is at best running even with Joe Biden in the polls of Texas and the Democrats have a legitimate shot at taking the State House and knocking off a bunch of GOP members of Congress, some discretion on his part is the better part of valor. In other words, elections do have consequences.

Finally, since all news of bad things happening to Steven Hotze is good news, I was recently sent some relevant court documents by a very helpful reader that I will chare with you here. First, is this by a Harris County judge, issued on his own volition (the fancy Latin legal term for this is “sua sponte”), chiding Hotze and Woodfill for not properly serving all parties of his various lawsuits the relevant pleadings he’d been filing with SCOTX in a timely manner. Even more interesting is this one, filed by the Harris County Attorney on behalf of County Judge Lina Hidalgo and County Fire Marshal Laurie Christianson, accusing Hotze of filing multiple bullshit lawsuits against the county as a harassment tactic and asking for sanctions. Here’s a taste:

Hotze filed five lawsuits and two appeals against Judge Hidalgo in the last four months. Many of these cases are based on fabricated facts, and they all make identical constitutional challenges to the Texas Disaster Act. Based on Hotze’s own statements and actions, it is clear that he brought these duplicative suits for the improper purpose of harassing Judge Hidalgo.

Not only are these duplicative suits made for an improper purpose, but Hotze litigates them in a manner orchestrated to be as harassing as possible. Hotze presents all of his cases as urgent matters requiring emergency temporary restraining orders and emergency petitions for writ of mandamus to the Supreme Court. However, these cases are never urgent, have typically been pre-filed for days or weeks, are often set for hearing long after the orders they complain about have expired, and have nothing to do with science, liberty, or the Constitution. Their “urgency” is manufactured to deny Defendants due process by preventing them time to respond.

Hotze’s five lawsuits were designed to maximize delay and cost and create a never-ending conveyor belt of litigation using a six-step formula: (1) Hold a rally and generate negative media attention toward Judge Hidalgo, (2) solicit plaintiffs for a choose-your-own-adventure style lawsuit, (3) file a lawsuit, never serve it, then email opposing counsel about a hearing on a few hours’ notice, (4) make false claims, (5) amend, dismiss, or appeal before the court considers sanctions, and (6) start over with a new lawsuit and repeat the cycle.

It goes from there. It was filed in the 189th Civil Court, the same one whose judge issued that sua sponte order, and it requests “$10,000 in attorney’s fees and a conditional $10,000 in attorney’s fees if this matter is unsuccessfully appealed” on behalf of Hidalgo and Christianson in their official capacities. I have no idea what the odds of success of this motion are, but you do love to see it.

Federal judge rules GOP can have its in person convention

Unbelievable.

A federal judge on Friday ruled that Mayor Sylvester Turner and Houston First Corp. must allow the Texas Republican Party to proceed with an in-person convention at the George R. Brown Convention Center, though the party now only intends to use the facility as a backup option.

Judge Lynn Hughes of the Southern District of Texas found the city had infringed upon the Texas GOP’s constitutional rights by canceling the convention, which initially was set to run from Thursday through Saturday before Turner ordered Houston First, the city’s convention agency, to nix it.

Hughes gave the party the option of using the convention center this weekend and next, according to Jared Woodfill, an attorney for Houston conservative activist Steve Hotze, who initially filed the lawsuit with a handful of other plaintiffs.

The party began its convention online Thursday but encountered numerous technical difficulties, forcing officials to postpone the event until Saturday. The party joined Hotze’s lawsuit Friday “to provide a last-resort method in-person if we needed it to secure our national election obligations,” Chairman James Dickey said in a statement following Hughes’ ruling. He said the party still “is on track to hold its convention online.”

Party officials will elect their party chair and select delegates for the national Republican convention at the state convention.

“Our online convention provides the greatest opportunity for as many delegates who want to participate in the convention as possible,” Dickey said. “We learned a hard lesson yesterday and with this win today, if for any reason there is an issue tomorrow, we know that we have a single location where, with the necessary SREC authorizations, we could” elect delegates to the national convention.

Turner in a statement blasted the party for its legal efforts to proceed with the convention, and said the city and Houston First would appeal upon receiving a written order from Hughes.

“We are in the midst of a pandemic, a public health crisis. More people are being admitted to our hospitals and ICUs, and more people are dying,” Turner said. “The State Republican Executive Committee is being totally irresponsible in continuing to push for an indoor, in-person convention. This reflects a total disregard for the health and safety of employees and people in our city.”

[…]

Hughes, in granting the Texas GOP an injunction that bars Turner from canceling the event, agreed with the argument by Hotze and the party that Turner’s move to cancel the convention “at the last minute” deprived party members “of their right to express their political beliefs, and make core political determinations,” a right protected by the First Amendment.

In a court filing Friday, Woodfill wrote that the party “has attempted a virtual convention and found that it is an unworkable platform.”

“Accordingly, the Republican Party of Texas has no choice but to seek relief from the Court to allow the Republican Party of Texas to prepare for the upcoming election season,” Woodfill wrote.

See here and here for some background. The plaintiffs knew which judge to pick, you have to give them credit for that. The judge bought the argument that the late cancellation of the convention, which came after they had considered but rejected changing to an online convention, which Mayor Turner begged them to reconsider, plus the GOP’s complete inability to get Zoom to work, meant that their rights were being infringed. Putting it another way:

The city and Houston First will appeal, so we’ll see what happens. Even on the Republican side, this was a bit controversial:

Before Friday’s ruling, Texas GOP Chairman James Dickey said the party was still working toward resuming the virtual convention Saturday.

“Today we have been hard at work for hours already on Plan A and Plan B and Plan C,” Dickey said during an interview with Texas Values. “We are going to make sure that we can move forward with our convention virtually tomorrow.”

[…]

Dickey’s chairmanship is on the line at the convention, where he faces a serious challenge from Allen West, the former Florida congressman. The election is tentatively scheduled for Sunday.

West has mostly stayed out of the debate over holding the convention in person, though he has increasingly questioned Dickey over the voting technology for the virtual meeting. And earlier Friday, West’s team seemed to reach a boiling point when word got out that the party was making a last-ditch legal push to join Hotze’s lawsuit.

“It is beyond belief that Chairman Dickey and the RPT allowed a foreseeable catastrophic failure such as this to unfold,” West lawyer Clyde Siebman wrote in a letter to Dickey. “Colonel West grew to doubt that it was by mere negligence but continued to give fellow Republicans the benefit of the doubt — until today.”

The party’s 11th-hour participation in the lawsuit “proves an intent to disenfranchise large blocks of grassroot Republicans across Texas,” Siebman added.

I don’t know what’s going to happen at this point, but my advice is to avoid downtown until this is over. And pray for those workers whose lives are being put in danger.

State Supreme Court denies GOP effort to force convention to happen

Denied.

The Texas Supreme Court on Monday rejected the state Republican Party’s appeal of a lower court’s decision regarding its in-person Houston convention, all but ensuring that Mayor Sylvester Turner’s move to cancel the event will stand.

In an unsigned “per curiam” opinion, the court ruled that while the Texas GOP has the constitutional right to hold a convention, “those rights do not allow it to simply commandeer use” of the George R. Brown Convention Center, where the event was set to take place Thursday through Saturday.

“Houston First’s only duty to allow the party use of the center for its convention is under the terms of the parties’ agreement, not a constitution,” the opinion stated.

[…]

The Supreme Court also rejected a petition for a writ of mandamus — a court order requiring the city to reverse the cancellation — from Steve Hotze, a Houston Republican activist who challenged the convention cancellation along with three other plaintiffs.

Justice John Devine filed the lone dissenting opinion, arguing that the court had standing to rule on the Texas GOP’s case and that Houston First breached its contract with the party by canceling. Devine also dissented from the court’s decision to deny Hotze’s petition.

Meanwhile, Justice Jeff Boyd decided not to participate in the decision. He is one of four justices whom the Texas Democratic Party called on to recuse from the case, due to their sponsorship of the convention. The other three justices — Chief Justice Nathan Hecht and Justices Jane Bland and Brett Busby — opted not to recuse themselves.

See here, here, and here for the background. The ruling was more or less along the lines of that AG brief that supported the city’s position, that this was a matter of contract law, not election law. This was a writ of mandamus, asking for a quick ruling from SCOTX without waiting for the district court to issue a judgment. The denial of the writ means that the case goes back to the district court, but since this shindig was supposed to start on Friday – indeed, some preliminaries are already underway, presumably in virtual fashion – there ain’t much time for that. For their sake, I sure hope the RPT has its contingency plans for an online convention ready to go. You know, like the TDP had for its convention back in March. Mayor Turner’s statement is herer, and the Trib, the Press, and the DMN have more.

UPDATE: It’s official, the GOP will have a virtual convention. Here’s the updated Chron story.

AG sides with Mayor Turner in GOP convention litigation

But only in a limited and technical way, so cool your jets.

Mayor Sylvester Turner

The Texas Attorney General’s Office on Saturday sided with Mayor Sylvester Turner in a legal dispute over the state Republican Party’s in-person convention, arguing that the Texas Supreme Court should reject the party’s attempt to proceed with the event.

In a brief filed with the Supreme Court, Solicitor General Kyle Hawkins — the state’s top appellate lawyer — said that despite the party’s “troubling factual allegations,” the court should deny its petition for failing to “properly invoke [the court’s] mandamus authority.”

The legal proceedings began earlier this week after Turner ordered Houston First Corp., the city nonprofit that manages the convention site, to cancel the event over concerns about the COVID-19 pandemic. The Republican Party sued Turner and Houston First, but a Harris County judge denied the party’s request for a temporary restraining order that would have blocked Turner from canceling the event. The party then filed a petition for a writ of mandamus with the Texas Supreme Court.

In its petition, the party invoked a section of Texas’ election code that allows the court to issue orders that “compel the performance of any duty imposed by law in connection with the holding of an election or a political party convention.” In his brief, Hawkins argued that the party’s convention contract with Houston First does not apply, because the convention was to be held under a contract, not a law.

Prior Supreme Court rulings have “distinguished ‘a duty created under [a] contract’ as legally distinct from ‘a duty imposed by law,’” Hawkins wrote.

See here for the background, and here for a copy of the AG’s brief. A copy of the original writ is here. As the story notes, the AG similarly opposed Steven Hotze’s petition on the matter, arguing Hotze has no business in this matter. The Court also has the matter of the motion for four of them to recuse themselves to sort out. I presume that has to happen first, since we have to have the question of who is ruling on the write of mandamus settled before the ruling can happen. Gonna be a busy couple of days at the SCOTX. Oh, and Paxton also opposed Hotze’s petition for a TRO against Judge Hidalgo’s latest face mask order, on the grounds that Hotze’s multiple challenges to the Texas Disaster Act may cause “irreparable harm” to the state’s sovreignty. I presume there will be a similar filing against Hotze’s lawsuit challenging Abbott’s face mask order, too. And yes, the correct response to all this is exasperation and exhaustion.

GOP sues over cancelled convention

As the night follows the day.

The Texas Republican Party on Thursday sued Mayor Sylvester Turner and Houston First Corp. for canceling the party’s in-person convention that was scheduled for next week in downtown Houston.

The lawsuit, filed in Harris County state district court, alleges that Turner erred when he invoked a “force majeure” clause of the contract between the Texas GOP and Houston First, the city’s public nonprofit that operates the George R. Brown Convention Center. The Republican Party also is suing Houston First President Brenda Bazan and the city of Houston.

Turner, who ordered Houston First to cancel the convention on Wednesday, said the clause allows one side to cancel over something that is out of its control, including “epidemics in the City of Houston.” In its petition filed Thursday, the GOP said Turner simply does not want to hold the convention, thus failing to meet the force majeure standard.

“Houston Mayor Sylvester Turner’s use of the force majeure clause is just a pretext to his intent to treat the Republican Party of Texas differently than other groups, such as those we have seen from recent protests in the city of Houston,” the party said in a statement Thursday. “It should go without saying that a political viewpoint cannot be the basis for unequal treatment.”

Turner said he called off the convention based on concerns about Houston’s recent COVID-19 surge and input from various medical professionals. A spokeswoman for the mayor said he would address the lawsuit at a 3 p.m. news conference.

In the lawsuit, Texas Republican Party officials are seeking a temporary restraining order that would allow the convention to continue as planned and damages due to Turner’s “anticipatory breach of contract,” including the cost of all losses and the “increased costs of handling the Convention elsewhere.”

The party argued that Turner and Houston First violated the “equal rights clause” of the Texas Constitution, and that Gov. Greg Abbott stripped Turner’s power to cancel the convention in one of his COVID-19 executive orders.

See here for the background, and here for a copy of the lawsuit. I’d love to hear from any of the attorneys out there about the merits of this one. I can’t remember where I saw this now – probably Twitter, my brain is mush – but Jared Woodfill (who is of course the plaintiffs’ attorney for this, along with fellow genius Briscoe Cain) said he was going to try to get a hearing today and secure a temporary block on the cancellation. I can imagine that happening, at least long enough for a judge to make a preliminary ruling. (UPDATE: Per a press release from the Texas GOP received at 7:30, they were indeed denied a motion to block the cancellation. They will appeal directly to the Supreme Court. Stay tuned.) Beyond that, who knows? Insert giant shrug emoji here. Texas Lawyer and the Trib have more.

UPDATE: Jasper Scherer tweets about the TRO denial. Apparently, there’s a second lawsuit as well, by Steven Hotze, because of course there is. Both motions were denied.

UPDATE: An updated Chron story, with more details on the TRO denials. Also, too, this:

The mayor also encouraged party officials to move their convention to Montgomery County, where County Judge Mark Keough offered to host the event and vowed “there will be no last-minute changes.”

“I think Judge Keough in Montgomery County is more than happy to host the 6,000 delegates (there),” Turner said. “I think they should go to Montgomery County.”

Seems like a match made in heaven to me.

How Texas screwed it all up

That’s a more succinct headline for this story about how Texas went from having a low COVID-19 infection rate to one of the worst in the country. And the vast majority of the responsibility for this is on Greg Abbott.

In Houston, the largest medical campus in the world has exceeded its base intensive care capacity. In the Rio Grande Valley, elected officials pleaded this week for military intervention to avoid a “humanitarian crisis.” And in several major cities, testing sites are overrun, with appointments disappearing in minutes and hundreds waiting in line for hours.

Eight weeks ago, the White House lauded Texas as a model for containing the COVID-19 pandemic.

Now, Gov. Greg Abbott’s plan to reopen the economy has unraveled as the state struggles to contain one of the worst outbreaks in the country.

“We’re on the verge of a nightmarish catastrophe,” said Vivian Ho, a health economist at Rice University and the Baylor College of Medicine. “On May 1, I thought we actually had a chance to get this virus under control and get the economy opened up safely. I’m not sure we can get it under control anymore.”

Public health experts say the worst of the crisis was avoidable in Texas, where Abbott stripped local officials of the ability to manage their own outbreaks and until Thursday refused to mandate masks and other basic mitigation practices. The governor reopened before the state could adequately monitor the virus, health experts said, then ignored signs in late May that infections were beginning to run rampant.

“That is the point at which you say hang on a sec, we’re staying where we are, and are probably taking a step back to understand the scale of the problem here,” said Bill Hanage, an associate professor of epidemiology at Harvard’s T.H. Chan School of Public Health.

Without the tools in place to test quickly for infections and track those exposed, authorities believe the state was left blinded as the virus spread among younger Texans, who are less likely to develop symptoms.

Spokesmen for Abbott and state Health Commissioner Dr. John Hellerstadt did not respond to requests for comment. Asked at a televised town hall Thursday why he had not mandated masks sooner, the governor said the “data was only recently bad.”

“It was only in the past couple of weeks that we saw this spike in people testing positive,” Abbott said.

[…]

On April 27, Abbott said he would reopen the state in phases based on data and guidance from medical professionals, pledging not to simply “open up and hope for the best.”

His advisers laid out four criteria to guide the reopening: a two-week reduction in cases, hospital capacity for all patients, the ability to to conduct 30,000 daily viral tests and hire 4,000 contact tracers.

Abbott, however, did not commit to following them. Only in mid-June would the state begin meeting its testing goal. It has yet to hire enough contact tracers or see a sustained drop in infections.

He said the plan was designed to be applied regionally, with lighter restrictions imposed in areas with few cases, then overruled officials from large counties who tried to enact more restrictive edicts.

Abbott punctuated that point by effectively gutting Harris County Judge Lina Hidalgo’s April 22 mask order when he stripped the ability of local governments to punish residents who violated such mandates.

Several prominent Republicans, including Lt. Gov. Dan Patrick and U.S. Rep. Dan Crenshaw, had condemned Hidalgo’s order and its potential $1,000 fine as an abuse of power. They have continued to argue that the severity of the virus is being embellished, and some have even questioned whether masks are effective at stopping it from spreading.

The mask debate — which took another turn Thursday when Abbott issued his own statewide mandate — has sent mixed messages that may have left residents with the impression that face coverings are unimportant, said Dr. Gregory Tasian, an associate professor at the University of Pennsylvania Perelman School of Medicine.

“Without a clear direction from the state level, some of those masking policies become much less effective,” Tasian said.

There’s more, but you get the idea. I’ve said this before and I’ll say it again, Abbott never made any effort to meet those four metrics that he himself and his vaunted “Strike Force” laid out. (By the way, when was the last time you saw a news story about COVID-19 in Texas refer to the “Strike Force”?) Each time he relaxed another part of the previous restrictions in order to push reopening further, I pointed out that we had no plan and no reason to proceed as if everything was going to plan. All we had was hope and distraction, and look where that has gotten us. The extremely “mixed messages” (to put it lightly) about masking and social distancing was another huge problem, one that also didn’t have to happen. I get that Abbott felt pressure from Donald Trump and from the screaming howler monkeys of our state like Dan Patrick, but for Christ’s sake he’s the Governor, he’s got a gazillion dollars in his campaign treasury and by far the highest approval ratings of anyone in the state, and it’s his fucking job to be a leader. He failed at that at every step of the way.

What’s even more appalling is that he already had a model that was working for him, and that was to get out of the way of the local leaders, who were uniformly ahead of him on all the mitigation steps we first took back in March. It would have been perfectly consistent with his stated belief that some parts of the state needed more restrictions than others to let Lina Hidalgo and the other county judges impose face mask orders and keep a tighter rein on businesses as they saw fit. I believe it would have been politically expedient for him as well, since the raging assholes would have aimed all their fury and lawsuits at them instead of at him. It was when he caved in the most cowardly way possible to Shelley Luther, who was being held accountable to HIS OWN EXECUTIVE ORDER by a Dallas County judge that we all should have known what was coming next. Sure is funny how the cries for “law and order” get silenced when it’s a white suburbanite being taken to court.

I also want to note the bit in this story about nobody on Team Abbott responding to requests for comment. Another hallmark of this crisis, which has been a recurring theme of the Abbott reign in general, has been the way he operates in a closed and non-transparent fashion. He does the things he does, on his own and in consultation with no one outside his bubble, with no mechanism for feedback or consideration of other perspectives. I can’t help but think that this style has not done him any favors lately, and I expect it will result in a Legislature that doesn’t feel much need to defer to him or his priorities in 2021, and that’s even if the Republicans manage to hang onto the House. And, as some people have speculated, he could be headed for a challenge from the right in the 2022 primary. I doubt that my own preferences here would do anything to dissuade such a challenger. But a better outcome from the pandemic might go a long way towards shoring up his political position.

So here we are, and as bad as things are right now, they are certain to get worse in the short term, because that’s the way this virus operates. If we’re very lucky, the mask order and mild dialing back of reopening might make things be less bad. But it’s going to be bad. And it didn’t have to be. It’s Greg Abbott’s fault that it is.

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

And of course it involves the usual suspects.

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

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

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

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

[…]

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

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

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

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

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

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

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

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

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

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

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

Abbott finally issues a mask order

Better late than never, but it’s pretty damn late.

Gov. Greg Abbott issued a nearly statewide mask mandate Thursday as Texas scrambles to get its coronavirus surge under control.

The order requires Texans living in counties with 20 or more positive COVID-19 cases to wear a face covering over the nose and mouth while inside a business or other building open to the public, as well as outdoor public spaces, whenever social distancing is not possible. But it provides several exceptions, including children who are younger than 10 years old, people who have a medical condition that prevents them from wearing a mask, people who are eating or drinking and people who are exercising outdoors.

The mask order goes into effect at 12:01 p.m. Friday.

The order represents a remarkable turnaround for Abbott, who has long resisted such a statewide mask requirement, even as the coronavirus situation has gotten worse than ever over the past couple weeks in Texas. When he began allowing Texas businesses to reopen this spring, Abbott prohibited local governments from punishing people who do not wear masks. As cases began to rise earlier this month, he clarified that cities and counties could order businesses to mandate customers wear masks.

In recent days, though, Abbott had held firm against going further than that, saying he did not want to impose a statewide requirement that may burden parts of the state that are not as badly affected by the outbreak.

Abbott on Thursday also banned certain outdoor gatherings of over 10 people unless local officials approve. He had previously set the threshold at over 100 people. The new prohibition also goes into effect Friday afternoon.

[…]

Abbott’s announcement came a day after the number of new daily cases in Texas, as well as hospitalizations, reached new highs again. There were 8,076 new cases Wednesday, over 1,000 cases more than the record that was set the prior day.

Hospitalizations hit 6,904, the third straight day setting a new record. The state says 12,894 beds are still available, as well as 1,322 ICU beds.

Abbott has been particularly worried about the positivity rate, or the share of tests that come back positive. That rate, presented by the state as a seven-day average, has jumped above its previous high of about 14% in recent days, ticking down to 13.58% on Tuesday. That is still above the 10% threshold that Abbott has long said would be cause for alarm amid the reopening process.

First-time offenders of Abbott’s order will receive a written or verbal warning. Those who violate the order a second time will receive a fine of up to $250. Every subsequent violation is punishable also by a fine of up to $250. The order specifies that no one can get jail time for a violation.

Remember that PolicyLab projection from May that said Harris County would go from 200 cases a day to over 2,000 by now? Thankfully, we’re still not close to that – the ReadyHarris dashboard has mostly shown us in the 600 to 800 cases per day range recently, though I suspect there’s some lag in the data because there’s no reason why this week would be lower than the two previous weeks. Point being, we most certainly could have seen this coming, and we could have done a lot to protect ourselves before this happened. You know, like having mask orders in place all along, and letting local governments have more leeway to control crowd sizes. Note here that Abbott’s order targets outdoor gatherings, but not indoor gatherings. You know, like this one. I don’t understand the logic here, but whatever.

The real question is after all this time and all that bullshit from Republicans like Dan Patrick, how much resistance do you think there will be to this new order? Like, remember when Dan Patrick called Judge Hidalgo’s mask order “the ultimate government overreach”? Also, too, Jared Woodfill and Steven Hotze are suing to basically stop emergency orders, and had previously sued to stop Judge Hidalgo’s mask order, before Abbott overruled it himself. Our state has plenty of people who will perform their rage over being asked to take the health and well-being of their neighbors into consideration. I’m curious, and more than a little afraid, to see how that segment of our population reacts to this. The Current, the Press, and the Dallas Observer have more.

UPDATE: My God, but Dan Crenshaw is a hack.

More on that bar owners’ lawsuit

It’s something, that’s for sure.

Maybe not the best messaging

They’re here. They serve beer. And they are hopping mad at Greg Abbott.

As the Washington Post’s Teo Amus reported Tuesday, a group of Texas bar owners from around the state has banded together to sue Governor Greg Abbott for what they believe is a prejudiced edict targeting bar-owning Americans.

“You can’t tell me that my tiny little bar is the problem,” said Tee Allen Parker, a 45-year-old bar owner from Kilgore who recently banned wearing masks in her establishment.

Frustrated by the initial shutdown, reopening and subsequent backpedaling in the face of surging coronavirus case numbers, Parker has singled out the governor as the one recurring feature in her misery.

“[Abbott]’s the problem,” Parker says. “He’s targeting us, and it’s discrimination.”

Parker and 21 other bar owners have joined with Houston attorney Jared Woodfill to sue the governor and state alcohol regulators for Friday’s order, which shut down bars and restaurants with alcohol-dominant revenue streams. They claim the order is unconstitutional and unfairly discriminates against bar people and bar spaces.

“It’s just a horde of infringement on people’s individual liberties and constitution,” said Woodfill, a high profile right-leaning litigator who has already filed six lawsuits against state and local governments for COVID-related orders since the pandemic’s beginning.

“This is one individual making draconian decisions that have destroyed the Texas economy.”

I noted this in an update to my local control post from yesterday; here’s the Trib story that was based on. I have three comments to make. One, to Tee Allen Parker, we can indeed tell you that your bar is part of the problem. Or at least, experts like Dr. Peter Hotez can tell you that. Maybe not your bar specifically, but bars as a category. I’m sorry, I truly am, that you’re going through this. It sucks, I agree. But bars really are an excellent vector for this virus. Two, for all the lawsuits that the Woodfill/Hotze machine have filed, we have no rulings or orders from any of them yet to gauge if they’re onto something, or just basically farting in our general direction. I wouldn’t put it past the State Supreme Court to issue some truly oddball rulings, but I also wouldn’t advise anyone to mistake either of these guys for legal geniuses. And three, I’ll ask again, when does Steven Hotze, Woodfill’s partner in crime, announce his primary challenge to Abbott? This all just feels more like real bad blood than a typical fight within the family. We’ll see.

Hotze versus contact tracing

We should have expected this.

Conservative firebrand Steven Hotze has launched another lawsuit challenging Gov. Greg Abbott’s coronavirus response, joined by current and former lawmakers and several hundred business owners who argue the state’s contact tracing program infringes on their privacy and ability to make a living.

The civil action filed Monday in federal court takes on the disparate operating capacities the governor mandated in his “COVID-19 lottery,” claiming Abbott’s actions have limited restaurants and bars with 25 or 50 percent limits, while bicycle shops, liquor stores, pool cleaners and supermarkets are running at full tilt.

[…]

The lawsuit by Hotze includes nearly 1,500 names. Most are small business owners, but topping the list are state Rep. Bill Zedler, R-Arlington, former Republican state representatives Gary Elkins, of Houston, Molly White, of Bell County, Rick Green, of Hays County, and former party chair Cathie Adams, of Collin County.

The suit argues that Texas’ $295 million contract tracing program — aimed at tracking down all people exposed to an infected person — violates the first amendment, privacy, due process and equal protection provisions. Such tracking amounts to an illegal, warrantless search, the suit says. While tracing back contacts is supposed to be voluntary, it is enforced through local health departments based on a presumption of guilt for all people in proximity to a sick person, according to the lawsuit. It requires people to turn over names, call in with their temperature readings and assumes a person has COVID-19 unless they can prove otherwise, Woodfill said.

Woodfill said he believes this is the first federal challenge to contact tracing. He hopes it will set the tone for “how we as a government and as a people will deal with diseases that we don’t have a vaccine for yet.”

Yes, of course that’s Jared Woodfill, joined at the hip as ever with Hotze on these things. We had the original lawsuit against Harris County, over the stay-at-home order. That was then followed by the lawsuit against Abbott and Paxton over the statewide stay-at-home order, for which there is now an emergency petition before the State Supreme Court. Another lawsuit against Harris County was filed over Judge Hidalgo’s face mask order, a subject that may soon be relevant again. That one too has a motion before the Supreme Court for an emergency ruling. I am not aware of any rulings in any of these lawsuits, but sooner or later something will happen. Abbott’s contact tracing plan is full of problems, and as I’ve said before there are legitimate questions to be raised about Abbott’s various orders during this pandemic. For sure, the Lege should try to clarify matters in 2021. I would just greatly prefer to have these legitimate questions get asked by legitimate people, not con men and grifters. That’s not the world we live in, unfortunately.

All this got me to thinking: Why doesn’t Hotze announce that he’s running for Governor in 2022? He clearly has some strong opinions about the way the state is supposed to be run, and in doing so he has some stark disagreements with Greg Abbott. Just as clearly, he has some support among the wingnut fringe for those differing opinions. It seems unlikely he could win – among other things, Abbott has a gazillion dollars in his campaign treasury – but he could force a dialogue on his issues, and very likely could bring some real pressure on Abbott. He’s also the kind of preening egotist who’d think he’s got The People behind him. I’m just idly speculating, and maybe trying to stir up some trouble. I can’t help but think that this is the biggest public example of Republican-on-Republican rhetorical violence since Carole Keeton Strayhorn was Rick Perry’s main nemesis. (I’m not counting Kay Bailey Hutchison’s primary against Perry in 2010, since she barely showed up for it.) I don’t really think this is where Hotze is going, but if he does do something like this, would you be surprised? At this point, I would not be.

Hotze and pals still crying to the Supreme Court

It’s hard to keep track of it all.

Houston GOP activist Steve Hotze and a coalition of business owners and conservatives have launched a legal challenge claiming Gov. Greg Abbott’s emergency orders related to the coronavirus violate the Texas Constitution.

In a 34-page emergency pleading filed Friday, lawyers for Hotze as well as three pastors, state Rep. Bill Zedler and five business owners ask the Texas Supreme Court to strike down the orders.

Abbott’s office did not immediately respond to a request for comment.

Attorney Jared Woodfill argued in the petition that the governor does not have the power to issue mandates that suspend state laws and that he should have convened the Legislature instead.

“Our senators and state representatives have been muted because Gov. Abbott has chosen to act as a king, and that is fundamentally unconstitutional and fundamentally wrong,” Woodfill said.

Even if the law that gave Abbott his emergency powers is constitutional, Woodfill wrote, the orders are still unconstitutional because they deny due process by assuming every Texan and business is a threat to public health without allowing them the chance to defend themselves; violate equal protection by allowing some businesses to stay open and others not; and are otherwise “arbitrary” and “capricious.”

[…]

Woodfill said the petitioners’ goal is to set the precedent for governors’ authority during future emergencies.

“What’s going to happen if we have a COVID-20?” Woodfill said. “Are we going to again surrender all our constitutional rights?”

It’s hard to keep track of all the lawsuits and petitions coming from the Hotze machine, but I’m going to try. He and this same cohort (more or less) had previously filed a lawsuit in Travis County against Abbott and Paxton over the statewide stay at home orders. This had followed a lawsuit filed in March against the Harris County stay at home order, which he then tried to get fast-tracked to the Supreme Court but was denied. He then filed another lawsuit against Harris County over the face mask order and sought an emergency ruling from the Supreme Court on it, but by that time Abbott had issued an order overriding local orders and forbidding the requirement that face masks be worn. It’s not clear to me if this pleading is related to the Travis County lawsuit against Abbott and Paxton or if it is a second front in their war on anyone who dares to try to tell them what to do under any circumstance. I’m also not sure if that Harris County lawsuit is still in effect or if it has been mooted by subsequent state actions.

All right, so that’s where I think we are now. I’ll say again, I think there are very valid questions to be asked about what powers the Governor does and does not have in emergencies. When must the Legislature be involved? What if any laws can be superseded or suspended by executive order, and under what circumstance? What power does the Governor have to unilaterally overrule cities and counties, whose executives have their own emergency powers? There’s plenty of room for robust debate on these topics, and I hope the Lege addresses some of them in the spring. It’s clear that the Governor – and Mayors, and County Judges – need to have some latitude to take quick action in times of crisis, but it’s equally clear there needs to be some limits on that, in terms of scope and duration and jurisdiction. I don’t want any Governor to have unchecked power, least of all Greg Abbott. I also don’t want a bunch of nihilistic cranks to have the power to disregard public health and safety with impunity. I don’t want the worst people in the world to be the ones asking the questions that will affect all of us going forward. I hope the Supreme Court is up to the task of responding to this.

Hotze goes crying to the Supreme Court

This effing guy, I swear.

Houston conservative activist Steve Hotze on Monday filed a petition with the Texas Supreme Court seeking an emergency ruling on Harris County Judge Lina Hidalgo’s mask order, which took effect this morning.

Hotze originally filed the lawsuit in state court last week, but District Judge Steven Kirkland on Friday denied his request for a temporary restraining order, allowing Hidalgo’s mandate to take effect Monday, as planned.

Hotze’s new filing echoes the argument he made to Kirkland: that the Texas Constitution and local government code do not give Hidalgo authority to require people to cover their faces in public.

[…]

During a Friday hearing in Kirkland’s court, Assistant County Attorney Seth Hopkins argued that Hotze did not have standing to challenge the order because he had no “actual imminent fear of prosecution.”

“The order itself tells the law enforcement, use broad discretion,” Hopkins said, according to a court transcript. “And the plaintiff concedes he’s not going to be prosecuted.”

Hotze attorney Jared Woodfill responded, “So, I guess my question is, if they don’t plan to enforce it, then why is the language even there? Why wouldn’t it just continue to be voluntary…?” He also clarified Monday that Hotze does not “concede he’s not going to be prosecuted” under the order.

Hopkins said the order allows officers to impose a fine if there is an “extreme case, but I think in the examples we have, we don’t have a case like that right now.”

See here for the background. We now have the Abbott reopening order, which overrules any local order that allows for a fine or other punishment for non-mask-wearing. I would think, in my non-lawyerly way, that Harris County will add that to its argument that Hotze has no standing. The Supreme Court has asked for a response from the county by this Friday, so we’ll see.

Hotze sues Harris County again

This is just what he does now, I suppose.

Houston conservative power broker Steve Hotze filed a lawsuit against Harris County Judge Lina Hidalgo Thursday, alleging that her order requiring people to cover their faces in public violates the Texas Constitution and conflicts with Gov. Greg Abbott’s stay-at-home order.

Hotze, who also sued Hidalgo over her stay-at-home directive, said in a petition filed in state district court that the mask rule is at odds with a provision of the Constitution that gives the Legislature “exclusive authority to define crimes and to designate the punishments for those crimes.” The petition also contends that Hidalgo cannot issue more restrictive orders than Abbott, who has not mandated that Texans wear masks in public.

[…]

Robert Soard, the first assistant county attorney, cited Section 418.108 of the Texas Government Code, which gives the county judge the authority to declare a disaster in her jurisdiction and to “control the movement of persons and the occupancy of premises in that area.” That authority extends to the incorporated and unincorporated parts of the county.

Soard said Hidalgo has authority to issue the mask order under that provision and another that allows her to “exercise the powers granted to the governor” for emergency management, including issuing local executive orders that “have the force and effect of law.”

In the petition, Hotze also challenged the part of Hidalgo’s order that requires people to wash their hands before leaving their residence, and stay six feet away from each other and avoid touching their face in public. Hotze argued the section of state law that governs disasters “does not contain any language forcing private citizens to” perform the actions in Hidalgo’s order.

See here for the background. According to the Trib story, there should be a hearing on a temporary injunction later today, and an appeal to the Supreme Court if/when they lose. So, you know, just another Friday. Hotze of course has two other lawsuits going, one against Harris County over the stay-at-home order, and one against Abbott and Paxton for more or less the same thing. It’s actually kind of hilarious to see him described as a “power broker” in the story, since he’s basically never been more out of power locally than he is now. But hey, he can still move a few votes in a Republican primary.

Hotze sues Abbott and Paxton

Just another day at the office for this guy.

A group of conservative activists and pastors that’s challenging Harris County’s stay-at-home order is now also suing Gov. Greg Abbott, claiming his recent executive order to stem the spread of Covid-19 infringes on their constitutional rights.

In a suit filed in Travis County on Thursday, Steve Hotze , a longtime conservative activist, and multiple Houston-area pastors accuse the governor of “imposing draconian, unconstitutional requirements” on Texans. Attorney General Ken Paxton is also a defendant in the suit.

“Once government and its constituents start operating on the basis of fear rather than facts, they are willing to take whatever medicine is prescribed, no matter how harmful the side effects may be,” the suit says. “Churches and small businesses are shut down, and Texans right to move about freely is restricted. For all practical purposes, the governor’s executive orders constitutes a ‘lock-down.’”

[…]

Multiple legal experts said that the order struck a fine balance between public health concerns and religious liberties, and many congregations said they would continue meeting online .

Jared Woodfill, the former Harris County GOP chairman who is representing the plaintiffs, said that Abbott’s order did not go far enough.

“I don’t think the governor has a right to say when people can worship or the manner in which they can worship,” Woodfill said.

The new suit also challenges the authority granted to Texas governors or local authorities under the state’s disaster act. Woodfill accused Abbott and local leaders of “suspending” laws and thus setting a poor precedent for future disasters.

“Think about the authority that this one statute gives to so many individuals,” Woodfill said. “…They can effectively do what they’ve done: Destroy an economy.”

See here and here for the background. The first couple of pages of the lawsuit can be seen in this Jasper Scherer tweet, but it’s all preamble and background, and cuts off before it gets to the actual allegations about what actions or laws they claim are illegal. I Am Not A Lawyer, but it is my understanding that governors in general do have fairly broad powers in times of emergency, as we saw recently following Hurricane Harvey. This particular emergency/disaster is quantitatively different than the usual weather-based disasters we’re used to, and as such we’ve never seen an invocation of powers like this before. For sure, there has been overstep by Abbott, with the backdoor abortion ban (that was somewhat curtailed) and the assault on bail reform, which remains unsettled. I’m certainly open to the idea that these powers are perhaps too broad, that they have been applied in inconsistent or unjust ways, and that there needs to be some check on them to ensure that “emergencies” are not declared on a whim or extended well past reasonable deadlines.

That said, this is not a good faith attempt to define reasonable limits or find a better balance between public safety and executive authority. The only thing Steven Hotze cares about is himself, and the only principle at stake here is his own belief that “your laws don’t apply to me”. Hotze’s argument is that he and people like him represent a special protected class that gets to do what they want without legal constraint, and without any concern about the effect on the health, safety, or rights of anyone else. I’m sure you can tell from my description how I feel about this, but I really want to underline how corrosive this is to society as a whole, especially in times of crisis. The only tool we have right now for mitigating this virus is collective action that puts the health and wellbeing of others ahead of our own personal interests. Your actions benefit everyone else, and everyone else’s actions benefit you. We don’t need to do this forever, but the better we are about doing it now, the sooner we can get back to behaving normally. The main threat to this is exactly what Hotze is doing, elevating his own interests and actions above everyone else’s, because if that guy gets to do whatever he wants to do, why can’t the rest of us? It’s a short step from there to back where we were in early March, when the baseline “if we do nothing” models for coronavirus predicted upwards of two million deaths. I know we all have short attention spans, but I’d hope we still remember that.

In the meantime, we’ll see what the courts make of this. I’ll be very interested to see what kind of response Abbott and Paxton make to this complaint. I don’t expect Hotze to get a favorable ruling at the district court level, but I do expect him to push this all the way to the Supreme Court, no matter how long it takes. Any lawyers out there who have an opinion on the merits of this petition, please leave a comment.

Ridiculous Hotze lawsuit now in district court

We are all dumber by the mere existence of this.

The Texas Supreme Court has dismissed a lawsuit challenging the constitutionality of Harris County’s stay-at-home order, though the legal fight is set to continue in state district court.

The Wednesday ruling came at the request of the suit’s plaintiffs, including longtime conservative activist Steve Hotze and the pastors of three Houston-area churches.

Earlier this week, Jared Woodfill, the group’s attorney, filed a new case in Harris County that similarly claims County Judge Lina Hidalgo’s stay-at-home order violates the plaintiffs’ First Amendment rights because it allegedly continues to restrict church services even after Hidalgo revised it to align with Gov. Greg Abbott’s executive order deeming churches “essential businesses.”

The governor’s March 31 directive, akin to the stay-at-home orders issued by counties across Texas, came one day after anti-LGBTQ Republican activist Hotze and pastors Juan Bustamante, George Garcia and David Valdez filed a petition arguing that Harris County’s order violates the Constitution by ordering the closure of churches and failing to define gun shops as “essential” businesses.

The four original plaintiffs remain on the new lawsuit, and they are joined by Tom DeLay, the former House Majority Leader who represented a district in the Houston area until 2006. The plaintiffs also have challenged Montgomery County’s stay-at-home order in a different state district court.

[…]

Last Friday, Hidalgo revised her order to “permit in-person religious services that comply with the CDC’s guidelines,” according to a court filing by the county attorney’s office. The plaintiffs are continuing to challenge Hidalgo’s order in state district court, Woodfill said, in part because it imposes penalties — up to 180 days in jail and a $1,000 fine — that Abbott’s does not.

Hidalgo’s amended order says: “Per the Texas Attorney General’s guidance on this topic, if religious services cannot be conducted from home or through remote services, then religious services may be conducted in churches, congregations and houses of worship.”

Woodfill said he interprets that language to bar most churches from meeting in person, because most are capable of holding services remotely.

“Just about every church has the ability to do that,” Woodfill said. “Maybe there are some small churches that don’t. That doesn’t mean your parishioners have internet or the ability to access the service. We think that’s clearly government coming in to the church and issuing edicts and mandates that are an infringement on religious liberties.”

See here for the background. All this and Tom DeLay, too, because you can’t spell “stupid, evil, and corrupt” without Tom DeLay. Bear in mind, Hotze got what he wanted from Abbott’s executive order. It’s just that he’s special, so very special, and the rules of law and man don’t apply to him. I could sit here and spew invective at him all day, but what’s the point? He’s a sociopath, and this is what he does. If you get hurt as a result, that’s not his problem.

That was a statewide stay-at-home order

And we’re under it now, even if you don’t want to call it that.

Be like Hank, except inside

Gov. Greg Abbott released a new video Wednesday clarifying that his executive order issued on Tuesday “requires all Texans to stay at home” except for essential activities.

“Now, I know this is a great sacrifice but we must respond to this challenge with strength and with resolve,” Abbott said in the 48-second video.

Abbott’s order goes into effect at midnight on Thursday morning.

With that, Texas now joins 37 other states that have enacted statewide stay-at-home orders. Mississippi, Georgia and Florida were among those to join that list on Wednesday.

On Tuesday, Abbott intentionally avoided using the phrase “stay at home” during a briefing while describing his executive order, leading some to believe he had stopped short of ordering Texans to stay at home.

“In short, what this provides is that Texans are expected to limit personal interactions that could lead to the spread of COVID-19, while also still having the freedom to conduct daily activities such as going to the grocery store, so long as you are following the presidential standard of good distance practices,” Abbott said Tuesday.

Abbott also said on Tuesday he didn’t want to call his order a “stay at home strategy” because he thought that would mean you cannot leave your home under any circumstances.

But on Wednesday he issued a press statement just after 4 p.m. directing the media to the video that makes clear his order requires Texans to stay at home except for essential activities. His executive order makes clear those who don’t follow his decree face up to 180 days in jail and a fine of $1,000.

People are allowed out for basic exercise like running, bicycling or hunting, but must maintain distancing guidelines. The public can also go to grocery stores, pharmacies, hardware stores and the like.

See here for the background and here for the video, which is also embedded in the Chron story. As noted before, this order explicitly exempts churches from the restrictions, to appease sociopathic nihilists like Steven Hotze. Who, by the way, in addition to filing that writ of mandamus with the Supreme Court is also planning to file lawsuits in district courts in Montgomery and Galveston counties to challenge the stay-at-home orders there. Because this is exactly the type of person we need to be appeasing right now. Be that as it may, stay home. If we’re all diligent about this, we can truly hope for a different story in May. The Observer has more.

Harris County stay-at-home order extended

Not a surprise.

Be like Hank, except inside

Harris County Judge Lina Hidalgo on Tuesday extended her stay-at-home order through April 30, as cases of novel coronavirus infections in the Houston area continue to rise, three county officials with knowledge of the plan said.

Hidalgo could further lengthen or shorten the duration of the order, depending on the success of efforts to combat the outbreak, the sources said.

[…]

The original stay-at-home measure, which closed most businesses and prohibits public gatherings of any kind, is set to expire Friday. Health experts say extending the restrictions to daily life are necessary to prevent a spike in cases that could overwhelm hospitals.

Hidalgo signaled at a news conference Monday that she would do so.

“It’s not a matter of if the stay-at-home order will be extended; it’s a question of for how long,” she said.

Violations of the order are punishable with fines or jail time, though Harris County Fire Marshal Laurie Christensen said authorities have yet to make any arrests. She said her investigators have answered about 2,500 calls from residents with questions and focused enforcement efforts on reminding businesses of the rules.

The rules are the most restrictive in a series of steps taken by local officials this month to limit interactions between people that can spread the highly communicable virus. Turner ordered the Houston Livestock Show & Rodeo closed on March 11. Hidalgo closed bars and limited restaurants to takeout and delivery on March 16.

I know it feels like forever, but the Harris County stay-at-home order was issued eight days ago. HISD was closed beginning March 13, and I’d say most people who could work from home began doing so on the 16th, so we’re a bit more than two weeks into this. And speaking of the schools:

Gov. Greg Abbott on Tuesday told Texans to stay at home for the next month unless they are taking part in essential services and activities, announcing a heightened statewide standard to stem the spread of the new coronavirus. He also announced that schools would remain closed until at least May 4.

During a news conference at the Texas Capitol, Abbott declined to call his latest executive order a shelter-in-place or stay-at-home order, arguing such labels leave the wrong impression and that he wants Texans to know, for example, they can still go to the grocery store. But in an interview afterward, he said “it’s a fact” that the executive order nonetheless brings Texas up to speed with states that have issued orders with those labels.

“States that have adopted stay-at-home policies or even some that use shelter in place are very close to ours, which is, if you had to put a label on it, it would be ‘essential service and activities only,'” Abbott said. “If you’re not engaged in an essential service or activity, then you need to be at home for the purpose of slowing the spread of COVID-19.”

The state has outlined a list of more than a dozen sectors that provide essential services that comply with Abbott’s order, which is largely aligned with federal guidance on the issue. Those include health care, energy, food and critical manufacturing. Texas’ list adds religious services, which are not included in federal guidance.

The order goes into effect at 12:01 a.m. Thursday and lasts until April 30, aligning it with the new end date that President Donald Trump announced Monday for social-distancing guidelines.

The order supersedes one that Abbott issued March 19 that limited social gatherings to 10 people, among other things. The new order narrows that standard significantly, asking Texans to “minimize social gatherings and minimize in-person contact with people who are not in the same household.”

In using terms like “minimize,” the order’s language stops short of explicitly banning nonessential activity. But Abbott made clear he expects all Texans to adhere to the guidance or face criminal punishment — and that there is only wiggle room in the language to account for potential “exceptions to the rule.”

“You never know what the exception would be, like let’s say there’s some emergency where you have to go do something or whatever the case may be,” he said. “And you don’t want to get people subject to being in violation of a law for a lack of clarity.”

[…]

At the news conference, Abbott encouraged churches to conduct their services remotely but said that if they must meet in person, they should follow the federal social-distancing guidelines.

“I’m unaware of a church that would want its constituents, its parishioners, to be exposed to COVID-19, and I think there’s enough public information right now for them to be aware of the practices that are needed to make sure that their members don’t contract COVID-19,” Abbott said in the interview.

Still not a statewide shelter-in-place order, which the Texas Hospital Association and Texas Nurses Association are calling for, but it is what it is. As for that exception for religious services, we’ll see what that means.

Abbott said religious services should either be conducted remotely or in-person using social distancing guidelines. He added that “drive-up services,” where congregants would remain in their cars, which some churches plan to use this Easter, would “satisfy the criteria that we’re talking about.”

David Duncan, pastor of Houston’s Memorial Church of Christ, said he appreciates Abbott’s recognition of the “importance of religion.” But he added, “The second greatest command is to love our neighbors as ourselves. For me, at this moment, the way I love my neighbor is by giving them physical distance.”

Many congregations moved away from in-person gatherings prior to orders by local officials, including one by Harris County Judge Lina Hidalgo that banned gatherings. Hidalgo said Tuesday afternoon that the county was reviewing Abbott’s order.

“We will continue doing what we have been doing,” said Mike Miller, pastor of Central Baptist Church in Jacksonville. “Gathering crowds in any way that would make 6-foot separation impossible is not acting responsibly.”

[…]

Josh Ellis, head of Houston’s association of Southern Baptist churches, declined to comment on Abbott’s order.

Ellis did, however, advise churches to continue suspending in-person services. “Ministry is essential, and continues, while continuing to keep the most people safe,” he said.

The Archdiocese of Galveston-Houston, which suspended in-person services earlier this month, also said it is reviewing the governor’s order.

We’ll see if this has any effect on the Hotze death wish lawsuit. I still think the full-on ban was the correct move, mostly because assholes like Hotze have now demonstrated they don’t give a shit about anyone else, but if this avoids a nasty court ruling, I can accept it.

(By the way, has Dan Patrick been a little quieter than usual lately, or am I imagining it? Just wondering.)

Steven Hotze’s death wish

I have three things to say about this.

A hardline conservative power broker and three area pastors filed a petition with the Texas Supreme Court Monday arguing that Harris County Judge Lina Hidalgo’s stay-at-home order violates the Constitution by ordering the closure of churches and failing to define gun shops as “essential” businesses.

The emergency petition for a writ of mandamus, filed by anti-LGBTQ Republican activist Steven Hotze and pastors Juan Bustamante, George Garcia and David Valdez, contends Hidalgo’s order undercuts the First Amendment by limiting religious and worship services to video or teleconference calls. Pastors also may minister to congregants individually.

Hotze and the pastors argue the order also “severely infringes” on Second Amendment rights by closing gun stores. The order does not define gun shops as essential businesses, though Attorney General Ken Paxton issued an opinion Friday that stay-at-home orders cannot force gun stores to close or otherwise restrict sales or transfers.

Hidalgo’s order, issued March 24, requires most businesses to close and directs residents to stay home unless they are getting groceries, running crucial errands, exercising or going to work at a business deemed essential. The directive is aimed at slowing the spread of the coronavirus, and it came a day after chief executives at the Texas Medical Center unanimously called for the county to implement a shelter-in-place order.

[…]

Hidalgo spokesman Rafael Lemaitre declined to address “the specifics of the litigation,” but said: “Public health and science must drive our response, and the science is clear: If we fail to take adequate steps to mitigate the spread of COVID-19, people will die. We continue to urge folks to take this seriously.”

First Assistant County Attorney Robert Soard said county officials view the order as “necessary to deal with the extraordinary crisis that Harris County, Texas and the country are facing as a result of the coronavirus.”

Soard said the order does not intend to close gun stores and “we’ve not advised any gun stores to close, as far as I’m aware.” He also said Paxton’s opinion makes clear that gun shops in Texas will remain open.

As for the First Amendment challenge, Soard said there is “nothing in the order that prevents churches from broadcasting” services. He said Hidalgo crafted the order “as precisely or narrowly as she could to allow people to worship as they choose.”

1. If Hotze and his band of idiots were only putting their own health and lives at risk, I wouldn’t care. Hell, I’d cheer them on, from a sufficiently safe distance. But as we’ve said many times, that’s not how viruses work. They would be putting many other people in jeopardy. They may not care about that, but they don’t get to make that kind of decision unilaterally.

2. Even if the courts stop them, Hotze is still working to put other people in danger:

In a video posted to YouTube late last month, Hotze advised that people take multivitamins and not worry about the virus, which he said is “all media hype” and “fake news.”

Hotze then compared the virus to the flu or dysentery, and accused democrats of having “weaponized the coronavirus” to hurt President Donald Trump.

Marc Boom, CEO of Houston Methodist, called the lawsuit “disheartening” and “reckless,” and said it is “potentially endangering lives.”

I’m old enough to remember when behavior like that was considered to be un-Christian.

3. I’ll leave the last word to this guy:

‘Nuff said. A copy of the lawsuit is embedded in the story. The county should be filing its response today.

Trib overview of the Houston Mayor’s race

Not really anything here you don’t already know, but a good summary of the race so far.

Mayor Sylvester Turner

With early voting underway, the Houston mayoral race is not lacking for drama, but through it all, a fundamental question has persisted: Whatever the first-term stumbles of incumbent Sylvester Turner, is the solidly blue city willing to vote him out for a less-than-Democratic alternative? His closest competitor, swashbuckling attorney Tony Buzbee, is feverishly testing that hypothesis ahead of the Nov. 5 election, spending millions of his dollars to portray Turner as awash in corruption — and Buzbee as the City Hall outsider who can clean it all up.

But Turner has a Trump card — literally — and has spent the closing weeks of the race emphasizing Buzbee’s past support for the president, who is deeply unpopular in Texas’ biggest metropolis.

“This is a Democratic city,” said Keir Murray, a local Democratic consultant not working for any mayoral campaign. With Turner “pretty aggressively painting Buzbee with the Trump brush,” Murray added, “I think that that’s improving the mayor’s fortunes on a daily basis and given him some opportunity to win this race without a runoff.”

To be sure, Turner has his own vulnerabilities as he fights for a second four-year term in the mayor’s office, the potential culmination of a career in public service marked by 27 years in the Texas House and two unsuccessful mayoral bids before finally winning in 2015. And until the bitter end, Turner will have to contend with an unconventional, spotlight-grabbing challenger in Buzbee, who has already self-funded his campaign to the tune of $10 million while refusing donations from others. Beside Buzbee, Turner faces three other challengers seen as viable to varying degrees: Bill King, the businessman who narrowly lost to Turner in the 2015 mayoral contest; Dwight Boykins, a City Council member; and Sue Lovell, a former council member.

The race is non-partisan, though there is little mystery where the leading candidates are drawing their support. In the latest poll, Turner, a longtime Democrat, got majority support from that party’s voters, while Buzbee, who is eschewing party labels, had the backing of most Republicans.

There have been two public surveys in the race, both giving Turner a wide lead over Buzbee, but not enough to clear 50% and win outright on Nov. 5. Around one-fifth of voters were undecided in each survey.

[…]

Turner largely ignored his challengers until early September, when he launched an attack ad tying Buzbee to Trump, calling Buzbee a Trump “imitator” and “copycat.” Buzbee hosted a fundraiser for Trump, then the presumptive Republican nominee for president, in June 2016, and while he later disavowed Trump after the release of the infamous “Access Hollywood” tape, he ended up giving $500,000 to Trump’s inauguration committee.

Buzbee has rebuffed Turner’s efforts to yoke him to Trump by arguing he has supported politicians from both parties who have let him down — none more than Turner. Buzbee held a fundraiser for his now-rival in the 2015 runoff.

At a Monday debate, Buzbee conceded some things Trump has done “make me cringe” but insisted he wanted to “divorce myself from all this national politics which is ruining our political system.”

“This mayor would love this to be an election about Trump, but I’m running as Tony Buzbee, my own man, captain, United States Marine, who’s gonna change this city,” Buzbee said.

Turner responded: “If you’re making the same noise, if you’re coming with no experience, if you’re embracing people like Steve Hotze” — a controversial anti-LGBT power broker in Houston politics — “if you’re not running away from President Trump and yet you’re accusing other people of being the worst person you have ever supported, then what does that say about the person making those claims? It’s very important.”

(Hotze himself has grown as an issue in the race after Buzbee repeatedly distanced himself from Hotze’s endorsement at the debate. A day later, the Houston Chronicle reported Buzbee had met multiple times with Hotze in pursuit of his support, and on Thursday, Hotze withdrew his endorsement, calling Buzbee “a liar and a charlatan.”)

There’s more, and they touch on a bunch of other items that have been a part of the campaign. I didn’t see anything that I didn’t already know, but if you have a friend who needs a primer on what has happened so far in this race, this would suffice. To me, the two big things that appear to be affecting the outcome are the Republican support for Buzbee, which has helped him at King’s expense, and the lack of Democratic support for either Boykins or Lovell, which could have significantly held Turner back. I feel like the BuzbeeHotze dustup has opened a path to Turner winning in November, as polls show that much of Buzbee’s support comes from the Trump crowd, which we all know is now mostly equivalent to the Hotze crowd. If those people don’t show up or skip the Mayor’s race, that reduces the total number of votes Turner needs to get to make it to fifty percent. It’s still not the most likely outcome, but it’s possible.

Hotze and Buzbee

But wait, there’s more.

Anti-gay leader Steve Hotze withdrew his support for Tony Buzbee on Thursday, and called the mayoral candidate a “charlatan and liar” for denying he had sought the Republican power broker’s political support.

In an emailed statement, Hotze said Buzbee actively worked to get support from his group, Campaign for Houston, and at one point wanted Hotze to reach out to older Republicans to encourage them to vote for him.

“Make no mistake about it, the reason Tony Buzbee wanted to meet with Dr. Hotze was to gain his support,” the statement said.

Earlier this week, in response to a question about Hotze’s endorsement during a mayoral debate, Buzbee said he “didn’t know” Hotze or why the anti-LGBTQ Campaign for Houston had endorsed his campaign. A day later, Jared Woodfill, a spokesman for Hotze’s group, said the two had met multiple times in the run-up to Hotze’s endorsement, which was published in the Link Letter, a popular conservative newsletter

In response, Buzbee said he had forgotten about the meetings when he claimed not to know Hotze or agree with his anti-gay stances.

Reached by text Thursday afternoon, a spokesperson for Buzbee said the campaign was reviewing Hotze’s statement.

Hotze’s statement details four meetings he and some of his associates had with Buzbee between Aug. 27 and Sept. 17. It was during those meetings, Hotze said, that Buzbee told him that he had opposed the Houston Equal Rights Ordinance in 2015, and did not support the U.S. Supreme Court ruling that legalized same-sex marriage.

“During this meeting, Buzbee had aligned himself with Dr. Hotze’s view on these issues,” the statement said in reference to the Aug. 27 meeting at Hotze’s home.

See here for the background. Who among us hasn’t forgotten meeting four times with a viciously homophobic political power broker for the purpose of securing his endorsement in our Mayoral campaign? Could happen to anyone. Honestly, what else is there to say? It’s just perfect.

Buzbee and Hotze

Buddies.

One of the leaders of a controversial, anti-LGBTQ group on Tuesday said Tony Buzbee met numerous times with Steven Hotze before the Republican power broker endorsed his mayoral campaign, contradicting comments Buzbee made at a televised debate the night before.

Buzbee and Hotze met three or four times, starting in late September, according to Jared Woodfill, who for years has worked directly with Hotze and his group, Campaign for Houston, including as its spokesman.

During the meetings, Woodfill said, Buzbee asked for the group to “support” his campaign but did not ask for its endorsement. Woodfill said he and Hotze did not see a distinction between the two.

Hotze ultimately chose to back Buzbee, penning a full-page letter of support in the Link Letter, a popular conservative newsletter. Asked during Monday’s debate if he shares Hotze’s anti-LGBTQ views, Buzbee said he only had met Hotze once at a church and does not agree with the views Hotze has espoused.

The first meeting, Woodfill said, occurred in late September at Hotze’s home. Woodfill said a photo in the Link Letter showing Buzbee with his arm around Hotze’s shoulder was taken in Hotze’s study.

“It lasted about two hours,” Woodfill said. “I was there. I saw him there. … It was a great time. (Hotze) was very impressed by him. He said all the right things.”

Campaign for Houston decided to endorse Buzbee’s campaign after three more meetings that Woodfill said amounted to roughly seven hours of face time. Woodfill said they believed Buzbee held similar positions on issues that Hotze has made a focal point of his political career, including Drag Queen Story Hour.

“His positions on the issues seemed to be very consistent with Dr. Hotze’s,” Woodfill said.

There are no circumstances under which any decent human being should want to meet with Steven Hotze. The only thing more pathetic than this is Buzbee’s lame attempt to lie about having met with Hotze. Which, hilariously, has led to Hotze withdrawing his endorsement. I am loathe to attribute anything praiseworthy to Jared Woodfill, who is himself a contemptible excuse for a human being, but this is some next level shade:

“At this point, we’ve withdrawn the support, clearly based on the response last night. It appears Mr. Buzbee is trying to disassociate himself with the organization, disassociate himself with Dr. Hotze. And just to be honest with you, Dr. Hotze is very concerned that he would forget about the four days that they actually spent time together,” said Woodfill.

Truly, Buzbee and Hotze deserve each other. Two peas in a poison pod.

Endorsement watch: Don’t forget the judges

The Chron got some national buzz for their blanket non-endorsement of judges who support the current bail structure, but overall they’re supported a large number of Republican incumbents on the bench. Not all by any means, but well more than a majority. I want to highlight three races where they endorsed Democratic challengers, as in all three cases the Republicans (two incumbents, one running for an open seat) are truly deserving of defeat.

For Supreme Court, Place 4, the Chron endorsed RK Sandill:

RK Sandill

District Judge R.K. Sandill is running for our state’s highest civil judicial office on a platform of moderation. We don’t usually hear that from judicial candidates, but most don’t run against an incumbent like John Devine.

Devine gained a reputation as an ideologue when he campaigned for district court with the promise to “put Christianity into government.” As a district judge, he cemented his reputation as a hard-right jurist when he fought to keep the Ten Commandments on display in his Houston courtroom. More recently, Devine wrote a bizarre dissent to a decision by his colleagues not to hear a case involving same-sex spousal benefits for city of Houston employees.

Devine wrote that government is justified in treating same-sex couples differently because “opposite-sex marriage is the only marital relationship where children are raised by their biological parents.” He completely ignored that the Supreme Court has held that the Constitution prohibits discrimination on the basis of sexual orientation in the case of marriage.

But you don’t have to rely on our assessment of Divine’s bias. Almost half of the attorneys polled in the Houston Bar Association 2017 judicial evaluation questionnaire gave him the lowest possible rating for impartiality. Sandill received more favorable votes on the Houston Bar Association preference poll than the one-term Devine — a rare occurrence of a challenger beating an incumbent. In the State Bar of Texas poll, Sandill received 2,446 votes to Devine’s 1,957.

Add our endorsement to the list.

Devine has been an embarrassment since he knocked off a perfectly fine district court judge in Harris County in 1994. He doesn’t belong anywhere near a bench. The Chron also endorsed Steven Kirkland for Place 2, but at least the incumbent he opposes isn’t a complete travesty.

For Presiding Judge of the Court of Criminal Appeals, the Chron endorsed Maria T. (Terri) Jackson:

Terri Jackson

The editorial board has faced so many tough decisions in our judicial endorsements that it’s a relief to have an easy choice. Voters should confidently pull the lever for Maria T. Jackson, 54, in this race for presiding judge on Texas’ highest criminal court. Jackson has been the criminal district court judge in Houston for more than a decade, handling thousands of cases ranging from low-level drug offenses to capital murder. She told us she’s only been reversed twice by the court she’s seeking to join.

The former municipal judge is proud of the many people she has helped to rehabilitate, but she first experienced transforming lives in the 1980s as director of a school that helped juvenile offenders and gang members.

Overall, Jackson’s approach reflects a blend of toughness and compassion. After she adopted more stringent probation policies for DWI defendants, the entire county soon followed her example.

The graduate of Texas A&M School of Law, formerly Texas Wesleyan School of Law, noted that people don’t tend to care about judges until they need them. But voters should care about ethics questions concerning the current presiding judge of Texas’ highest criminal court, Sharon Keller.

I trust you are familiar with Sharon Keller and her disgraceful body of work. If we want real criminal justice reform, we need some change at the top of the judicial heap as well as in the district courts and DA offices.

Finally, for First Court of Appeals, Place 7, the Chron endorsed Julie Countiss. They begin with the story of how outgoing Justice Terry Jennings switched to the Democratic Party just before the 2016 election, saying the GOP had left him behind:

Julie Countiss

Candidate Terry Yates, on the other hand, seems to fit in with the party Jennings abandoned.

Yates filed an amicus brief asking the 14th Court of Appeals not to construe the right to same-sex marriage to apply to equal partner benefits for city of Houston employees.

Counsel should have the right to advocate for the positions of their clients, but when we asked him about the legality of same-sex marriage during an editorial board meeting, Yates said he didn’t have a deep enough understanding of the overarching Supreme Court case to weigh in.

Throughout the meeting he dodged and weaved when we asked about his political activities and relationship with Steve Hotze — a political activist who once proclaimed that all the gays needed to be driven out of Houston and whose organization has been declared a hate group by the Southern Poverty Law Center.

The close ties to Hotze is more than enough to disqualify Yates. Countiss only got one paragraph in the Chron endorsement, but it’s enough. Her Q&A with me is here. If you have Republican friends who are willing to split their ticket here and there, these are three races you can pitch to them for that.

Hotze and the judges

From family law attorney Greg Enos, who publishes a legal blog/newsletter called The Mongoose (I’ve referenced him here before):

Real Journalists Should Investigate How Republican Judges Are Funneling Money to Hotze’s Hate Group

I am a full-time lawyer and only a part-time journalist. Real news organizations need to look into the facts and questions uncovered in my story in this issue and tomorrow’s issue about how Harris County Republican judges are giving money to a politically powerful and hateful bigot, Steven Hotze, and his partner in anti-LGBT insanity, Jared Woodfill. Judges are paying money to a mysterious company that Woodfill and Hotze apparently partly own even as Woodfill is appearing in front of those same judges as a lawyer and being appointed by those judges to CPS cases where the county pays Woodfill’s fees. Go ask those judges if they are disclosing to the attorneys who oppose Woodfill in their courts that there is a business relationship between the judges’ campaigns and a company Woodfill apparently co-owns.

There have been news stories and blog posts about Hotze’s oversized and malignant influence on local GOP politics. But, no journalist has so far delved deeply into how money flows between Hotze’s various PAC’s, how his influential slate mailer is paid for, or where payments from judges to Hotze actually go. My two part article published today and tomorrow attempts to unravel and explain the tangled financial web of hate involving Hotze, Woodfill and most of the Republican judges in Harris County.

I started this project by trying to find out if the judges were making illegal contributions to Hotze’s political action committees (PAC). I realized during my investigation that some of the judges did not know exactly where their checks to Hotze ended up. But, I did conclude, based on the limited information I was able to uncover, that the judges’ payments were not illegally made to a PAC.

However, what I did learn poses just as serious questions about judicial ethics and the integrity of our judicial system. I am also now really curious about why these judges are paying money to Hotze’s and Woodfill’s company and what exactly they get for those payments if they are not paying for inclusion in Hotze’s slate mailer. I have spent dozens of hours on this investigation, and I still have more questions than answers.

That’s Part 1. Here’s Part 2. Both are long and detailed, far too in depth for me to usefully excerpt, so go read them. Enos is up front about generally supporting Democrats, but has no problem crossing over to support judges he likes, as well as District Clerk Chris Daniel. Enos documented a bunch of bad behavior by Judges Alicia Franklin and Denise Pratt in 2014; see here for those archives. If he’s coming at you, he’s got the receipts. Lord knows, no one deserves to be thoroughly and humiliatingly defeated more than Steven Hotze, and no judge worthy of the name should want to be associated with him. Go read what Enos has to say on the matter.

Woodfill and Hotze take their next shot at same sex employee benefits

Here we go again.

Anti-LGBTQ activists are again asking a Harris County judge to halt benefits for the same-sex spouses of Houston city employees, according to a recently filed motion.

The motion for summary judgment in Pidgeon v. Turner, a five-year-old lawsuit challenging the benefits, states that the city should not subsidize same-sex marriages because gay couples cannot produce offspring, “which are needed to ensure economic growth and the survival of the human race.”

The motion also asks Republican Judge Lisa Millard, of the 310th District Family Court, to order the city to “claw back” taxpayer funds spent on the benefits since November 2013, when former Mayor Annise Parker first extended health and life insurance coverage to same-sex spouses. And the court filing suggests that to comply with both state and federal law, the city should eliminate all spousal benefits, including for opposite-sex couples.

The motion for summary judgment was filed July 2 by Jared Woodfill, an attorney for Jack Pidgeon and Larry Hicks, two Houston taxpayers who initially brought their lawsuit in December 2013. Woodfill, a former chair of the Harris County Republican Party, is president of the Conservative Republicans of Texas, which is listed by the Southern Poverty Law Center as an anti-LGBTQ hate group.

In his motion for summary judgment, Woodfill asserts that although the U.S. Supreme Court ruled in favor of marriage equality in Obergefell v. Hodges in June 2015, that decision does not require the city to treat same-sex couples equally.

“Obergefell does not require taxpayer subsidies for same-sex marriages — any more than Roe v. Wade requires taxpayers subsidies for abortions,” Woodfill’s motion states.

Alan Bernstein, a spokesman for the city, said it will respond to the motion “in a timely fashion.”

“The City hopes the Judge will be persuaded by the law,” Bernstein said in an email. “The Legal Department defers to the arguments it will make in response.”

See here for previous coverage, and here for the last update. It’s hard to know what will happen here because the basic goal of the lawsuit is so ridiculous and harmful, and the immediate reaction of any decent person who hears about it will be “but marriage is marriage and why would anyone want to do that?” The sad and scary fact is that some people are like that, and that includes some judges. Did I mention that the judge in this case, Lisa Millard, is up for re-election in August? Sonya Heath is her opponent. There’s never been a better time to elect some better judges. Think Progress has more.

OutSmart talks to Kim Ogg

Another good read about our new DA, one that goes into her personal background in some depth.

Kim Ogg

John Wright: Your father, Jack Ogg, was a longtime Texas state legislator, and your late mother was well-known for her charity work. What it was like coming out to your parents?

Kim Ogg: It was traumatic. My parents were of the generation—they felt like my being gay was their responsibility, and that they were morally accountable. I had grown up in politics, and I understood that being gay was a political liability to my father and family, and so it was excruciating. Our family broke apart for some time, but we’re so close that what that did was give me time to go grow up, which I did. I had been on my father’s “payroll” from birth to college, but the day I got out of college I was on my own, and I’ve been on my own ever since. My family and I didn’t see each other on anything but holidays after that for some time—almost four years.

Our family broke up, [but then] we came around. I quit being. . . I was a little militant. An example would be that I wore camouflage for almost a whole year. I was at war with the world. And then it turned out that to get and keep a good job, you needed to have a broader wardrobe.

[…]

In 1996, you ran for district judge as a Republican, and longtime antigay activist Steve Hotze endorsed your opponent in the primary. Were you gay-baited in that race?

They didn’t gay-bait me; they gay-crucified me. But they didn’t do it in print. They did it through a telephone and whisper campaign, and they injected a third candidate into the race. I did not interview with Hotze, and I never answered any questions for him, so I never lied about my homosexuality. [But] the whole courthouse knew. It was funny, they didn’t do an antigay mailer, but they did a whisper campaign. It was enough to force me into a primary runoff where extremists usually win, and so the more conservative candidate won.

Twenty years later, in 2016, you were gay-baited again by your Republican opponent, former district attorney Devon Anderson, and it became a major news story.

It was my lifelong fear, being called a lesbian in front of my entire hometown—4.5 million people, on television. It’s like showing up with no clothes on or something—that bad dream that you have. When it finally happened, I knew it was exploitable and could benefit me, but I had to magnify that thing that I was so afraid of. And so we just sent it out to everybody—it was so freeing. It was sort of like coming out to my family. At that point, you don’t have anything left to lose. You have everything to gain. I realized at that moment how much that fear—it wasn’t a false fear—but it felt so good to let it go and just send it out to the world: “Devon Anderson called me a lesbian.” Discrimination, no matter how you dress it up, is wrong. For Devon to have regressed to name-calling was indicative of her losing the election.

When you ran as a Republican in 1996, Republicans attacked you for having voted in Democratic primaries. When you ran as a Democrat in 2014 and 2016, you were criticized for having voted in Republican primaries. Talk about your partisan evolution.

I think the criticism has been that I have been disloyal to both parties, and what I would tell you is that I grew up in the Democratic Party. I was pretty frustrated with [Democrats] in the mid-’90s, and Republicans were promising this big tent, and I thought it sounded reasonable. It didn’t turn out to be true. In the second presidential campaign under George W. Bush, they really utilized gay marriage—it was used as a wedge issue nationally in 2004, and I would say that radicalized me to the Democratic perspective. I was never going to be for a party that stood for hate and that used discrimination as a platform, as a literal political platform. So, for 13 years, I’ve been a Democrat and stayed a Democrat, and I don’t intend to ever change.

There’s more, so go read it. It’s fascinating to me because I didn’t know a lot of this stuff. Partly this is because I wasn’t paying close attention to local politics in the 90s, and partly because Ogg herself didn’t talk about any of it during either of her campaigns. Hearing her talk now about how she was affected by the gay-baiting in the 2016 campaign, mild as it was in comparison to some other examples we’ve seen, is an eye-opener. Check it out.

Checking in with Kim Ogg

That’s District Attorney-elect Kim Ogg now.

Kim Ogg

Kim Ogg

Kim Ogg, still hoarse from shouting over the jubilant victory party crowd after winning her race for Harris County District Attorney, said Wednesday that her first order of business would be to evaluate and secure all of the evidence used in thousands of pending criminal cases.

Ogg, who will take over the largest district attorney’s office in Texas on Jan. 1, hopes to ward off the problems of unauthorized evidence destruction that emerged after it was discovered that deputies at the Precinct 4 Constable’s Office threw away evidence in hundreds of cases. Scores of cases that may have been affected have yet to be resolved.

“It’s so we know that cases that are pled or tried, after I take office, have the real evidence to back them up,” she said Wednesday.

[…]

“It’s a new day in Harris County,” [Tyler Flood, president of Harris County’s Criminal Lawyers Association,] said “I’m hoping Kim will bring transparency to a very secretive regime.”

Ogg sketched out broad agenda items Wednesday but said little about specific plans or possible command staff. She said she is putting together a transition team and was not ready to announce who would be helping her helm the agency, which employs about 600 people including 300 lawyers.

In addition to evaluating the security and veracity of evidence, Ogg said she would be reviewing the pending capital murder cases, including a handful of death penalty cases currently scheduled to go to trial in 2017.

Under her administration, she said, a team of prosecutors will look at the evidence, both damning and mitigating, before deciding whether to seek the death penalty.

“It’s a grave responsibility to undertake taking somebody’s life,” she said. “And I want more minds, and hearts, looking at these cases than just mine. So we’ll have a team.”

Ogg had the second-biggest day in Harris County on Tuesday, winning with 696,054 votes. That’s about 8,000 behind Hillary Clinton, and it means that like Clinton she received a fair number of crossovers. Getting a big vote total like that is both a mandate and a higher expectation level, so there are going to be a lot of eyes on Kim Ogg and what she does.

Not just locally, either. The Harris County DA’s race had a national spotlight on it going into Tuesday. A lot of that attention had to do with the DA’s prosecution of marijuana cases; Ogg as we know has outlined broad reforms for how cases like those will be handled. If she is successful at implementing those policies, it will be a big change and will likely have the effect of reducing the county’s jail population. I for one am looking forward to seeing her get started on that.

Ogg will have a lot on her plate from day one. There was a lot of turnover at the DA’s office after Pat Lykos won in 2008, and I expect there will be a lot more – some voluntary, some not – now that Ogg has won. For some insight on that, I recommend you read what former ADA (now defense attorney) Murray Newman says, from before and after the election. Transitions like this are opportunities for some people to settle scores and get grievances off their chests. That will likely result in a story or two that will be unfavorable to both Anderson and Ogg. I hope we can all keep people’s possible motivations in mind when we read those stories. Be that as it may, there will be a lot of new faces and new procedures at the DA’s office come January, and there will inevitably be some bumps in the road. How well Ogg manages the transition will go a long way towards setting the tone and laying the groundwork for implementing the real changes she wants to make.

One more thing: We all know that Ogg is a lesbian. Devon Anderson got into some hot water late in the campaign for bringing that up during a podcast interview. It hadn’t come up in either campaign before, and the vast majority of people in Harris County don’t care about anyone’s sexual orientation. But a few people with loud voices care A LOT about this sort of thing, and with Annise Parker back in the private sector (for now, at least), Kim Ogg is now the most high-profile elected official in Texas who is also a member of the LGBT community. That means she is the latest monster under Steve Hotze‘s bed, and she will be a target for people like Hotze and the hateful crap he likes to spew. I don’t know how that will play out, which is to say I don’t know how many people outside of Hotze’s little fever swamp will hear or care about anything he says, but I do feel confident saying that at some point during Ogg’s first term in office, he or someone like him will say or do something sufficiently disgusting that the rest of us will be forced to take notice. Be ready for it, that’s all I’m saying. The Press has more.

Hotze and Woodfill take their hate statewide

These guys, I swear.

The conservative organizers who helped topple Houston’s equal rights ordinance are pledging a $2 million advertising campaign against Target over the big box store’s transgender bathroom policy.

Jared Woodfill and Steven Hotze of Conservative Republicans of Texas on Thursday launched the new “Campaign for USA” in what they described as an effort to keep men out of women’s restrooms. The duo had already called for a nationwide boycott of Target.

“We must stand up for the rights of our grandmothers, mothers, wives and daughters,” said Woodfill, who recently lost a bid to become chairman of the state GOP.

[…]

Woodfill, a frequent LGBT foe, on Thursday released a new TV ad that mirrors a provocative ad from the effort to defeat the Houston ordinance. His group also launched a new website, which says “transgender” is a just euphemism for “pervert.”

Blah blah blah. I’d note that this is pretty much the same sort of thing that was regularly said about gays not too long ago. Hell, it’s the same sort of crap Hotze and Woodfill say about gays today. My point is that this kind of hysteria can only be effective for so long. Woodfill and Hotze’s problem is that transgender people are, you know, people. People with family and friends and coworkers and neighbors, who go about their lives. The reality doesn’t measure up to the fearmongering, as people figured out about the gays and lesbians that Hotze and Woodfill and the like kept trying to make them despise. It may take awhile and there will surely be setbacks along the way, but lies eventually lose to the truth. It won’t be easy, and these guys will never stop trying to hurt the people they hate, but they will lose in the end. Just keep that in mind. Juanita has more.

POSTSCRIPT: I drafted this before the horrible mass murder in Orlando, and when I looked at it again as I scheduled it for publication, it was difficult to fight down the revulsion that I feel for these two hateful bastards. What happened in Orlando is the effect of stigmatization and dehumanization. I don’t care what drove this particular gunman to do what he did. The root cause is hatred and fear of The Other. Jared Woodfill and Steven Hotze bear a piece of the responsibility for that.

Overview of the Harris County GOP Chair runoff

This is the Republican runoff I’m most interested in.

vote-button

Two years after wresting control of the Harris County Republican Party, Paul Simpson is facing an unexpected runoff challenge from political newcomer Rick Ramos in a race that again pits establishment fiscal conservatives against a group of socially minded GOP kingmakers.

Simpson finished second with 39 percent of the vote in March’s three-way primary, as Ramos and political novice Tex Christopher – neither of whom reported raising a penny – earned the remainder.

Caught off guard, several party activists and deep-pocketed donors have mobilized behind Simpson, as Ramos has leaned on the support of a trio of local power players: Steve Hotze, Gary Polland and Terry Lowry.

Both candidates painted the outcome of the low-profile race as crucial for the party’s future in Harris County, which recently swung majority-Democratic, according to Rice University’s Kinder Institute.

“We are a battleground county,” Simpson, a 61-year-old energy lawyer, said during a recent interview in his downtown office. “So, the only way we can keep Republican leadership in place is to be an effective party, and we weren’t for a long time.”

Ramos, a 45-year-old family lawyer, said the party needs to broaden its appeal among minority voters and get more involved in social policy fights.

“For the Republican Party to be able to go forward … we have to have more diversity. We have to be able to reach out to communities at large within our own county, and what worked 20 years ago, 30 years ago for the Republican Party is not going to work in the immediate future,” Ramos said. “I think we have to be more proactive, more innovative, and really give the party somewhat of a face-lift.”

The down-ballot race drew scarcely any attention amid the Super Tuesday hubbub, when about two-thirds of the Republican voters cast ballots for party chair.

Little appears to have changed ahead of the May 24 runoff, for which Harris County Clerk Stan Stanart said he expects just 50,000 Republican voters to turn out.

I was going to cast aspersions on Stanart’s estimate of GOP runoff turnout, partly because he so comically mis-estimated March turnout and partly because as is the case on the Dem side there’s not really anything to drive runoff turnout, but there were 40,547 GOP primary runoff votes in 2008, when there was even less to push people to the polls, so given that 50K seems quite reasonable. (The 2012 runoffs, which were all about Cruz v. Dewhurst for Senate, are not a viable comparison.) I don’t have anything to add to this story, as I don’t know the combatants and have no stake in the outcome, but like many people I was caught off guard by the March result and have been waiting for a Chron story on the race. This one does answer some of my questions, and it offers the hint of continued GOP infighting after whoever gets elected, which is always nice to contemplate. Beyond that, I’ll leave it to those who will vote in this race to offer up their thoughts on it.

By all means, go for Jared

Keeping it classy.

The race for chairman of the Texas Republican Party has spawned charges that the party’s current leader, Tom Mechler, supports a “disgusting homosexual agenda.”

A supporter of Jared Woodfill, a Houston lawyer and former chairman of the Harris County Republican Party, has sent out campaign mailers blasting Mechler for allowing a gay and lesbian GOP group to have a booth at the upcoming state convention and not doing enough to move the event out of Dallas, which they call a “homosexual-friendly location.”

Mechler said he had nothing to do with the decision to allow the group, the Metroplex Republicans, to have a booth at the state GOP convention.

“I understand that hatred has spewed into the chairman’s race,” Mechler said.

Quelle surprise. You can’t spell “zealous hatred of the gays” without the letters H-O-T-Z-E, and indeed this mail was sent by Houston’s gay-hatingest quack. Nothing surprising there, though you may find yourself wondering how in the heck Jared Woodfill could be in a position to fail upward like that. Well, Woodfill as State GOP Chair is indeed a thing that could happen.

Houston’s Jared Woodfill is trying to win control of the Republican Party of Texas, challenging the current management and saying it has been too quiet in the face of legislative defeats in a state government dominated by Republican officeholders and appointees.

The contest between Tom Mechler of Amarillo, the party’s current chairman, and Woodfill, who once led the Harris County GOP, is a fight about purity, about which kinds of conservatives the Texas GOP represents and about what the party is supposed to be doing. They don’t run as combined tickets, but former state party Chairman Cathie Adams is running for vice chair in tandem with Woodfill, while current vice chair Amy Clark is seeking reelection, along with Mechler.

The outcome of the elections, to be held at the GOP’s state convention in Dallas next month, probably isn’t going to change your life, but it’s interesting. Mechler wants the party to bring in more voters — he’s talking about minorities and millennials, among others — who have generally eluded the charms of the GOP. He doesn’t think it’s his job to tell the state’s Republican officeholders what to do.

“Every Republican should be comfortable within the party,” he says. “My vision is and will be that is that this party is welcoming and embracing all conservatives from all over the state of Texas.”

Woodfill is a bully-pulpit guy, a political figure whose effectiveness depends on everything from actual microphones on actual podiums to social media, news media and advertising.

He is appealing for the support of others who, like him, think the state political party should be whipping the Legislature to keep it in line with the GOP platform and the beliefs of Texans in its voting base.

His pitch against the current party leadership seems aimed more at the House than at anyone else. An example from the Facebook page promoting his candidacy: “Friends, we are engaged in a cultural war and our Republican Party of Texas leadership is running from the fight! One need only look at the 2015 legislative sessions to find evidence of the RPT surrendering our values.”

Woodfill focuses on a list of issues that met their demise, he contends, in the Texas House, including bills outlawing references to Sharia law in courts, requiring Texas cities to enforce federal immigration laws, allowing the use or diversion of tax dollars for private school tuition, repealing in-state tuition for the children of undocumented immigrantsnon-citizens who graduate from Texas high schools, and enacting new ethics legislation.

That plays into existing divisions among the Republicans in government, however they are characterized: establishment against insurgents, social conservatives against social moderates, chamber of commerce against grassroots.

The characterization that matters here is that Jared Woodfill is an idiot, and would almost certainly be a terrible state party chair. He’s certainly not going to be about building a party for the future, or one that intends to grow. All of which, needless to say, is fine by me. I’ve said that scandal, in the form of criminality from the likes of Ken Paxton and Sid Miller, may help boost Democratic prospects in Texas in the short term. Incompetent leadership, especially when combined with an unwelcoming attitude towards anyone who isn’t already fully on board with a full slate of ideological shibboleths, would also help. And Lord knows, we Democrats can use all the help we can get. So please do your part, RPT. Please put Jared Woodfill in charge of your party. Thanks.

Hotze gets official hater status

Congratulations, I guess.

After more than 30 years of anti-gay activism, Steven Hotze picked up the equivalent of a lifetime achievement award from the Southern Poverty Law Center (SPLC) on Wednesday.

The Alabama civil rights group labeled Hotze’s Conservative Republicans of Texas (CRT) an anti-LGBT hate group in its annual report on extremist organizations.

Hotze, an influential and deep-pocketed Republican donor from Houston, was among the top funders of the successful campaign to repeal the city’s Equal Rights Ordinance (HERO) in November.

“What we look at in the anti-LGBT groups is primarily the use of lies, of falsehoods, that have the effect of demonizing gay people,” SPLC senior fellow Mark Potok said. “So, it’s not merely that they opposed the HERO ordinance; it’s the way in which they did it — the description of gay people as pedophiles and so on.”

[…]

CRT becomes the fourth anti-LGBT hate group in Texas, and the third added to SPLC’s list, in two years.

“These groups are on the defensive against huge social changes that they cannot stop,” Potok said. “The religious right has suffered very serious losses, losses from which it will not recover, and an enormous amount of rage has resulted.”

Click over if you want to see or be reminded of a couple of the more charming things Hotze said during the HERO fight. Mark Potok is right that the likes of Hotze have lost a lot of ground in recent years, but as HERO showed they can still win some battles, and they’re surely not going to go away without a nasty fight. The Press has more.

GOP versus Hall

Pass the popcorn.

RedEquality

The Harris County Republican Party released a flyer Monday attacking Houston mayoral candidate Ben Hall for his Democratic ties and previous support for a nondiscrimination ordinance.

Among top-tier mayoral candidates, Hall, a Democrat, is the most ardent critic of the city’s equal rights ordinance, known as HERO. The law is set to appear on November’s ballot.

“Ben Hall says yes to HERO ordinance in 2013,” the GOP flyer reads, citing a 2013 Harris County Democratic Party questionnaire on which Hall said he would support a nondiscrimination ordinance.

The ad also labels Hall a “current Democratic Party sustaining member” and claims he contributed more than $100,000 to Democrats, including President Barack Obama, Democratic presidential candidate Hillary Clinton and Secretary of State John Kerry, citing campaign finance reports.

Hall responded in a statement Tuesday afternoon saying he has been “crystal clear” on HERO.

“Ben Hall is the only candidate, Democrat or Republican, who has been opposed to the HERO ordinance from the very beginning, long before the campaign began for Houston Mayor, long before the court put it on the November ballot,” he said.

The full Chron story is here, and here’s the interview I did with Hall in 2013. I have no desire to go back and listen to it, but my recollection is that he said No when I asked if he would support an equal rights ordinance. He wasn’t a firebrand about it, just matter-of-fact. I also recall being surprised by that, as to my knowledge he hadn’t been opposed it before. I can’t swear to that latter part, I can just say what I remember thinking at the time. Whether Hall is virgin pure on hating HERO since the dawn of time or he cynically came to oppose it as a matter of political expediency somewhere along the line is irrelevant to me, and should be irrelevant to any decent person. He’s a hater now, he’s loud and proud about it, and that’s what matters.

Not that I really care, but I am a little curious as to why the Harris County GOP decided to pick this fight. I get their objections, I just think this is an odd hill to engage on. Hall’s HERO history was no problem for uber hater Steven Hotze, who endorsed Hall, among others. It’s fine by me if the antis spread their votes around in the Mayor’s race; better odds for good candidates making it to the runoff that way.

Anyway. I’ve seen some people asking about which candidates support what things – HERO and otherwise. You can listen to my interviews, of course, or do something crazy like check out the candidates’ websites and attend candidate forums and things like that. If you’re looking for a shortcut, both the local GOP and the HCDP have candidate guides that may help answer your questions. And at some point, one presumes, the candidates – the Mayoral candidates in particular – will start flooding our mailboxes and the airwaves. Greg has more.

The contours of the HERO fight

We’ll see how this goes.

HoustonUnites

When City Council sent Houston’s embattled equal rights ordinance to the November ballot two weeks ago, the vote raised the curtain on dueling campaigns that had been bracing in the wings for a political showdown more than a year in the making.

Council’s 12-5 vote to affirm the ordinance and place it on the ballot, part of a Texas Supreme Court order, followed months of heated back-and-forth in City Hall and various Harris County courtrooms. By the next week, campaign managers had been selected, ads were drafted and pollsters were working to take the pulse of voters.

Supporters quickly appealed to Houston-native and superstar Beyoncé on Twitter for a plug. Opponents, meanwhile, touted presidential candidate Rand Paul’s remarks during the national GOP debates chiding Mayor Annise Parker, though not by name, for a political fumble during the court case surrounding the law. Both camps warned that the eyes of the nation are on Houston.

Political scientists, however, said that is a tad dramatic; unless the law is repealed, the fight over Houston’s non-discrimination law will amount to a largely local affair bolstered by some national money.

Opponents will push a public safety campaign driven by the perceived threat that male sexual predators dressed in drag will use the law as cover to enter women’s restrooms. Supporters, meanwhile, will seek to debunk that and warn that repealing the law would irreparably harm the city’s image.

Both groups said they will need to spend at least $2 million to pepper voters with targeted direct mail and a few choice ads.

“HERO will be competing head to head with the mayoral election for oxygen and energy,” said Rice University political scientist Mark Jones. “There’s only so much space in an election like this, and a lot of that space is going to be occupied by HERO because it’s a charged issue. It’s going to make it even more difficult for down-ballot races to emerge and obtain the attention of voters.”

[…]

At dueling launch events last week, both sides offered a glimpse of the campaigns to come.

On Wednesday, equal rights ordinance supporters unveiled the “Houston Unites” campaign.

Leslie Jackson, the minister of education at Cathedral of Hope church in Midtown, said opponents “confuse religious freedom with the freedom to discriminate.”

“Religious faith does not undermine the value of equality for all under the law,” Jackson said. “Religious faith demands it. As a Christian minister, I must oppose misguided efforts to repeal the Houston Equal Rights Ordinance.”

The task for supporters, Campaign Manager Richard Carlbom said, is twofold: explaining the ramifications if the ordinance is repealed and countering opponents’ contention that male sexual predators will use the ordinance to enter women’s restrooms.

“Houston and Houstonians don’t believe in discrimination, and so, HERO simply says everybody should be free from discrimination and that’s why folks should support it,” Carlbom said.

The challenge for supporters is to fend off the public safety allegations without losing their own message, University of Houston political scientist Brandon Rottinghaus said. The business angle – that events such as the Super Bowl and Final Four could go elsewhere in the event of repeal – likely will factor into supporters’ argument, he said.

The onus, he said, largely falls on opponents of the ordinance to turn the tide as LGBT issues continue to pick up public support. As the ordinance was embroiled in litigation, a slew of states and then the U.S. Supreme Court legalized gay marriage.

“In part, because it’s hard to get people to undo something, opponents have a harder job,” Rottinghaus said. “Once the inertia is developed in a certain direction, it’s hard to get people to do something different.”

Jared Woodfill, former Harris County GOP chairman and a plaintiff in the lawsuit against the ordinance, said opponents would target female voters and men concerned about the safety of their wives and daughters. The pitch to voters, Woodfill said, is simple: “No men in women’s restrooms.”

Yeah, that’s exactly how I thought the opposition would go. The good news, I suppose, is that I really don’t think the leaders of the opposition are capable of keeping their frothing homophobia under wraps, and I think that will hurt them. I agree with Campos that the more they let Steven Hotze talk, the better it will be for HERO supporters. But it’s increasingly clear to me that the bathroom argument has taken hold, and has been internalized by a lot of people. I don’t think facts are going to help counter that. To the extent that persuasion is part of the pro-HERO campaign, I think it has to be about making people feel that supporting HERO is the right thing – the Houston thing – to do. I’m hopeful, but there’s an awful lot that can go wrong, and a lot at stake. BOR has more.

Mayoral finance reports: Out of town cash and max donors

You may have noticed that there’s a lot of money in the Mayoral race this year, even after subtracting what the candidates have given or loaned to themselves. You may be wondering where all that money came from. This post aims to shed a little light on that.

First question: How much of the money raised by Mayoral candidates came from Houston donors, and how much came from outside Houston?

Candidate Non-Hou $ Total $ Pct % ========================================== Garcia 539,949 1,441,792 37.4% Costello 312,660 1,276,281 24.5% Turner 296,588 747,793 39.7% King 103,501 721,250 14.4% Bell 51,288 366,770 14.0% Hall 35,925 69,025 52.0% McVey 21,750 43,927 49.5%

Disclaimer time: All reports can be seen here. My methodology was ridiculously simple. All donations for which the city listed in the report entry was something other than “Houston” was counted for this. Obviously, not all “Houston” addresses are actually within the city – mail sent to all of unincorporated Harris County and such small cities as West U and Southside Place say “Houston, TX” on the envelope – but I wanted to complete this exercise before the election took place, so I followed this guideline for ease of use. As with all totals presented here and elsewhere, this was a manual process, which means I looked over the reports and counted up the totals myself. It is highly likely that I goofed here and there, so consider these numbers to be reasonable estimates and not gospel truth. Finally, also as before, the “Total $” figures represent the cash money raised by each candidate, thus excluding in kind donations, loans, and (in the case of Costello) contributions from the candidate himself.

Having done this exercise, I (reluctantly) feel like I should go back and review Mayor Parker’s July forms from 2009, 2011, and 2013, as well as Gene Locke and Peter Brown’s from 2009, to see if what we’re seeing here is completely out of whack with past results or not. I know Mayor Parker had a strong national fundraising network, but I’ve no idea offhand what that meant in total dollars and proportional amounts. Whatever the case, I feel confident saying that Adrian Garcia knocked it out of the park here. He raised more from outside Houston than Chris Bell, Ben Hall, and Marty McVey raised in total combined; his non-Houston total is 75% of Bill King’s overall total. And that still left $900K from in Houston. Holy smokes.

One thing I noticed while perusing Garcia’s report: He received a ton of contributions from people with Asian names, both in Houston and not. He also had a lot of contributions from Latino/a donors, but the sheer number of Asian supporters surprised me. Make of that what you will.

I am curious what motivates someone to donate to a Mayoral candidate they can’t vote for. I get why people contribute to Congressional and Senate candidates from other places – laws made in DC affect them regardless, and partisan control matters a lot – but the justification here is somewhat less clear. To be fair, the vast majority of these non-Houston donations came from places like Katy, the Woodlands, Sugar Land, and so forth. For all the griping I did about non-Houstonians driving the red light camera referendum, it’s clear that folks who work here but live elsewhere have a stake in the outcome of elections like this. And of course some of these out of towners are in the personal networks of the candidates – friends, family, in-laws, colleagues (Sylvester Turner received several contributions from other members of the Legislature, for example), and so forth. I’d still like to understand this phenomenon a little better. Surely one of our Professional Political Pundits can put a grad student on it.

Next item: In Houston, an individual can give a maximum of $5000 to a city candidate in a given cycle, and a PAC maxes out at $10K. Having an army of small-dollar donors is a great thing in many ways, but those big checks sure add up in a hurry. How much of these hauls came from the deep pockets?

Candidate # Maxes Max $ Total $ Pct % ===================================================== Garcia 148 745,000 1,441,792 51.7% Costello 138 720,000 1,276,281 56.4% Turner 76 410,000 747,793 54.8% King 71 365,000 721,250 50.6% Bell 25 125,000 366,770 34.1% Hall 11 55,000 69,025 79.7% McVey 2 10,000 43,927 22.8%

Again with the disclaimers: Same manual process as above. Not all max donors give $5K at once. There were several gifts of $2500 each, and other combinations I observed as well. “# Maxes” is the count of all max donors, both individuals and PACs, which I also counted as one even though they could give twice as much. Multiply “# Maxes” by 5,000 and the difference will tell you how many max PAC donations that candidate got.

With the large amounts of money collected, the large number of donors who gave their all should not be surprising. One reason why I did this was to see who might have a harder time replicating their success between now and the beginning of October, when the 30 day reports come due. You can’t hit up those who are tapped out for a repeat performance, after all. I guess this leaves Chris Bell in better shape than some others, but I’m not sure how much effect that will have.

I should note here that two of Ben Hall’s max donors were named Hotze, an “SM Hotze” and a “JS Hotze”. Hall has gone all in with the haters, despite his weak sauce denials. This could actually present a bit of a problem for King and to a lesser extent Costello, as both of them are in their own way wooing Republican voters. Clearly, some of those Republicans are not going to be open to them. I presume Hotze still has some sway among GOP voters (a subset of them, at least), so if he actively pushes for Hall via mail/robocall/whatever as the One True Candidate Who Will Stand Up To The Gays, then I think that has to put a ceiling on King and Costello. How much that might be I don’t know – if I were forced to guess right now I’d say “maybe two or three points” – but as we’ve been saying all along, this is likely to be a close race where not too many votes could make a big difference in the outcome. Hall is a threat to Turner as well, of course, I just wanted to point this possibility out.

I think that’s about all the patience I have for scouring the Mayoral reports. I may take a closer look at the other candidates’ reports as my copious spare time allows.

Dan Patrick’s defeat

The Observer reviews how Dan Patrick’s Senate could ultimately take no firmer a stance against same sex marriage than to pass a resolution disapproving of it.

RedEquality

In last night’s “debate” over the resolution, Lucio, a passionate pro-life Catholic, rose to give a personal speech about his own convictions. “From our bibles, we learn of one man and one woman,” he said. “For me, nothing is more sacred than our biblical teachings.” The institution of marriage came from Jesus himself, and cheapening it was sacrilege. “By now, everybody knows how this senator from the Rio Grande Valley feels,” he told the chamber.

Nonetheless, he’d had a change of heart. He wouldn’t be signing the resolution, and he’d be withdrawing Coleman’s poor bill.

Patrick, who’d been listening to Lucio intently and rocking in his chair, stood to speak. With clasped hands, he told the chamber he’d given Lucio an ultimatum. If he tried to strip the anti-gay language out again, Patrick wouldn’t let the bill come to the floor. But Lucio had made his decision.

So, having been deprived of the chance to approve the strong, consequential language from HB 4105, senators drafted last night’s resolution on the fly. While it was being debated, the text of the resolution hadn’t even been uploaded to the Capitol website. The resolution was approved quickly. The thin document is the only real say-so the Legislature will have on the issue before the U.S. Supreme Court decision this summer.

It’s a comprehensive flop for the forces who oppose gay marriage. Nonetheless, Patrick told the Senate to buck up. They “should be proud,” he said. “The House decided not to have this debate.” That’s a dig at Speaker Joe Straus, of course. But since Patrick couldn’t get anything consequential out of his own chamber either, who is he pointing fingers at?

See here for the background. I figure any session that includes Steven Hotze throwing a hissy fit at Dan Patrick over his impotence on this can’t have been a total loss. Sorry, Danno.