Off the Kuff Rotating Header Image

May 3rd, 2020:

Weekend link dump for May 3

If you are reading this, then we have not been obliterated by an asteroid. Whether that’s good news or bad news is a matter of opinion.

A delightful Twitter thread featuring the creepiest objects in various museum collections.

“Many security-conscious people probably think they’d never fall for a phone-based phishing scam. But if your response to such a scam involves anything other than hanging up and calling back the entity that claims to be calling, you may be in for a rude awakening. Here’s how one security and tech-savvy reader got taken for more than $10,000 in an elaborate, weeks-long ruse.”

“These children, with their special genetic heritage, have grown into very regular adults—exactly the kind of adults you’d expect them to be, based on who their mother was, where they grew up, and what kind of education they received. Their lives demonstrate not the extraordinary influence of genes, but rather the monumental influence of all the economic and social forces in American society that guide and shackle us.”

“When do COVID-19 [super-spreader events] happen? Based on the list I’ve assembled, the short answer is: Wherever and whenever people are up in each other’s faces, laughing, shouting, cheering, sobbing, singing, greeting, and praying. You don’t have to be a 19th-century German bacteriologist or MIT expert in mucosalivary ballistics to understand what this tells us about the most likely mode of transmission.”

Thirteen reasons why the press hasn’t walked out of those idiot Presidential daily briefings.

RIP, Steve Dalkowski, legendary hard-throwing and hard-drinking pitcher who was the inspiration for Nuke LaLoosh in Bull Durham.

Willie Nelson has been autographing facemasks to raise money for more facemasks.

“We did not get smallpox herd immunity without a vaccine.”

“In the same way that 2000 led to no more hanging chads […] I would hope that this election leads to proper investment and modernization in our election system.”

Pro tip: Don’t do this. Or this. You’re welcome.

Why Zoom video chats are so exhausting.

“This is the clearest look I’ve seen at excess mortality in the United States. Data suggests twice as many excess deaths in March and early April as were directly attributable to COVID-19.”

Mike Pence at the Mayo Clinic without a mask. That’s it, that’s the link.

You’re going to see more foreign-produced broadcast shows on your streaming services because of COVID-19.

RIP, Irrfan Khan, actor best known in the US for Slumdog Millionaire and Life of Pi.

“In short, rather than a world of strengthened states contained within ever more impermeable borders, the pandemic could leave behind a much more complicated and messier political world, where power is contested in new ways—or perhaps in very old ones.”

“All of which is to say that I believe in UFOs, by which I mean that I acknowledge that we have seen things that we have not identified and cannot (yet) identify. I think the question of that Navy pilot, complete with its emphatic expletive, is something like the beginning of wisdom.”

RIP, Al Edwards, former Texas legislator who authored the bill that created the Juneteenth holiday in the state.

“Extensive protective gear is required in most types of reopened businesses, which was a sticking point for every Georgian I spoke with who was contemplating a return to work. They said the state is providing neither the gear itself nor guidance on how to get it, so they’re in the same market as everyone else, competing with medical workers and high-risk people who need masks to safely go to the grocery store.”

“So for each month we remain on the plateau, we risk losing more Americans than we lost in nearly a decade in Vietnam. If we spend May like we spent April, we will blow past 100k dead in weeks. If we relax the restrictions too early, death tallies could be much worse.”

“Top 10 Coronavirus clusters in the US? Prisons, meat packing plants, a Navy battleship. Next 10? Prisons, meat packing plants, nursing homes. Next 10? And the 10 after that? Prisons, meat packing plants and nursing homes….”

“How many of those 150 customers have been tested to ensure they’re not carrying this virus? None. How many of our 100+ associated have been tested? Also none. Yet we’re relaxing our restrictions and, I fear, will relax them even further in the weeks to come.”

Paxton threatens county clerks over vote by mail instructions

Seems to me this should get a bit more attention.

Best mugshot ever

Attorney General Ken Paxton informed county judges and election officials Friday that if they advise voters who normally aren’t eligible to apply for mail-in ballots due to a fear of contracting COVID-19, they could be subject to criminal sanctions.

His warning came in a letter to local officials Friday and two weeks after a state district judge had issued a temporary injunction allowing eligible voters who are fearful of contracting COVID-19 by voting in-person to cast their ballots by mail.

In order to qualify to vote by mail under state law, Texans must submit an application and be either 65 years or older, disabled, out of the county on election day and during early voting, or be eligible to vote but confined in jail.

During a hearing last month, the Texas Democratic Party argued that Texans following stay-at-home orders and exercising social distancing fall under the Texas Elections Code’s definition of a disability, which is “a sickness or physical condition that prevents the voter from appearing at the polling place on election day without a likelihood of needing personal assistance or of injuring the voter’s health.”

In Friday’s letter, Paxton said that while a person ill with COVID-19 would qualify under the state’s definition of “a sickness,” a fear of contracting the virus is simply “a normal emotional reaction to the current pandemic and does not, by itself, amount to a ‘sickness’” that would meet the eligibility requirements to vote-by-mail.

Therefore, officials and “third parties” should not advise voters to apply for mail-in ballots for those “who lack a qualifying sickness or physical condition to vote by mail in response to COVID-19,” the letter reads.

Chad Dunn, the general counsel for the Texas Democratic Party, which is one of the plaintiffs in the lawsuit, said in a statement Friday that the court has already overruled Paxton’s arguments.

“Paxton can keep on stating his opinion over and over again for as long as he wants but the bottom line is he needs to get a court to agree with him,” Dunn said. “We all have opinions. In our constitutional system, what courts say is what matters.”

In his letter, Paxton also said the lawsuit “does not change or suspend these requirements” due to his appeal of the judge’s ruling.

“Accordingly, pursuant to Texas law, the District Court’s order is stayed and has no effect during the appeal,” Paxton wrote. “Moreover, even if the order were effective, it would not apply to any county clerk or election official outside of Travis County. Those officials must continue to follow Texas law, as described in this letter, concerning eligibility for voting by mail ballot.”

Dunn disagreed with that assertion, and Thomas Buser-Clancy, a senior staff attorney with the ACLU of Texas, which had also joined the lawsuit, said Paxton’s letter misinterprets the law.

“Ken Paxton’s letter — which is not binding — gets the law wrong and serves no other purpose than to attempt to intimidate voters and county officials. The simple fact is that no Texan should have to choose between their health and exercising their fundamental right to vote,” Buser-Clancy said in a statement.

See here for the background. You can see a copy of Paxton’s letter here, and a copy of the ACLU and Texas Civil Rights Project’s responses here. The Austin Chronicle adds more:

The letter, also distributed as a press release, presumably has been sent to officials in all 254 Texas counties. Asked to respond to the Attorney General’s explicit threats of “criminal sanctions” in the letter and his interpretation of state election law, Travis County Clerk Dana DeBeauvoir said, “This is [Paxton’s] opinion and he’s stated it a couple of times previously. We are waiting to hear from the courts.”

State District Court Judge Tim Sulak recently granted a temporary injunction, ruling that the risk of infection by the coronavirus that causes COVID-19 is sufficient to enable all Texas voters to apply for mail ballots for the July 14 elections (Congressional run-offs and a Senate District 14 election in Travis County, other contests elsewhere). Paxton appealed that decision to the Third Court of Appeals, and has adopted the position that while the appeal is pending, “the District Court’s order is stayed and has no effect.”

However, some election officials have said they are planning for a surge in voting by mail. Earlier this week, DeBeauvoir told the Chronicle that Travis County normally receives about two VBM applications a day for an interim election like the July run-off. “Right now they’re running at about 200 a day,” she said.

[…]

An earlier, “advisory” Paxton letter to state Rep. Stephanie Klick – issued prior to the District Court’s official ruling – made the same general argument about the disability provisions of state election law. The latest letter is addressed to County Judges as well as election officials. Travis County Judge Sarah Eckhardt told the Chronicle that Paxton’s invocation of possible “criminal sanctions” is a “threat designed to suppress voter turnout.”

Eckhardt added that Paxton’s argument that the temporary injunction is “stayed” during the Third Court appeal is simply “one lawyer’s opinion, and the higher court may have a different opinion.”

As for the reiteration of Paxton’s earlier advisory letter, DeBeauvoir said, “He wants to make certain his threat is being heard.”

I mean, I know I’m not a lawyer and all, but usually you have to ask for a court order to be stayed pending appeal. If any of that has been done, then all I can say is that it has not been reported in a form that was visible to me. If there hasn’t been a subsequent order to stay Judge Sulak’s ruling pending appeal, either from Judge Sulak himself or from the appellate court, in this case the Third Court of Appeals. For what it’s worth, the official order from Judge Sulak says at the end:

“It is further ORDERED that for this Temporary Injunction Order to be effective under the law, cash bond in the amount of $0 shall be required of the Plaintiffs and filed with the District Clerk of Travis County, Texas. The Clerk of Court shall forthwith issue a write of Temporary Injunction in conformity with the law and terms of this Order. Once effective, this Order shall remain in full force and effect until final Judgment in the trial on this matter.”

Seems pretty clear to me. As for the matter of the claim that even if there’s no stay on the order it only applies to Travis County, there’s nothing in the text of the order that looks to me (again, Not A Lawyer) like it supports that interpretation. The judge does refer to the Intervenor Plaintiffs and the fact that they represent voters “throughout the state of Texas”. I suppose this could be clarified, but the interpretation that it’s a statewide ruling seems just as reasonable to me. I know Ken Paxton is full of bluster, but this seems to me to dance close to the line of blatantly disregarding the judge’s order. Is he gonna send in the Texas Rangers to arrest Diane Trautman? Maybe the plaintiffs need to ask the judge to please remind Ken Paxton where the lines are here.

UPDATE: The Chron now has a story about this, which mostly draws from the Paxton letter and ACLU/TCRP responses.

More on coronavirus and meat processing

From the Trib:

To understand powerlessness in a pandemic, trace a northbound path from Amarillo up State Highway 87. Not too far shy of the border where Texas meets Oklahoma lies Moore County.

There are few easy ways to make a living in this country of feedlots and dryland cotton, but one of the hardest is at the JBS Beef meatpacking plant. Just about everything looks small on these vast flatlands until you get right up on it, but the 125-acre plant in the tiny town of Cactus is massive from any vantage point.

The steady billow of gray smoke from the plant’s stacks tells you it is still running full tilt. With the coronavirus pandemic gripping the world, it’s considered essential to keep thousands of cattle running through the kill floor each day, headed for dinner tables across America.

Meat and poultry plants nationwide have emerged as incubators for coronavirus spread. More than a dozen have been forced to shut down temporarily as the number of cases and deaths tied to those facilities rose; others have scrambled to ramp up health and safety precautions in facilities where meatpackers often must work shoulder to shoulder.

State health investigators are tracking 159 coronavirus infections tied to the Cactus plant, including one death associated with the outbreak, and Moore County now has the highest reported infection rate in Texas. Yet about 3,000 workers, mostly immigrants from Mexico and Guatemala and refugees from Asia and Africa, still report there each day.

Meatpacking has always been brutal and dangerous work, but it pays relatively well. JBS jobs have drawn generations of immigrants to this rural community, so many that Hispanics make up more than half of Moore County’s nearly 22,000 residents, and one quarter of the population is immigrants.

But the people who prop up life here, the ones now getting sick or working in fear wondering when they will, have little power over what the coronavirus is doing to their lives, because they have little power here at all.

From the Observer:

Officials at Tyson’s poultry processing plant in Shelby County may have waited weeks to tell workers that an employee had tested positive for COVID-19, preventing other workers from taking action to prevent the spread of the virus inside the facility, plant employees told the Observer last week. The company waited even longer to implement rudimentary safeguards (such as breathing masks and plastic screens to separate workstations) as more workers fell ill, were hospitalized, and died, they say.

[…]

The Observer has changed Bennett’s name, as well as the two other employees named in this story, after employees expressed concern that Tyson might retaliate against them for speaking to a reporter. The story also omits some details of employees’ positions within the plant and their medical histories to make them less identifiable. The extent to which the Tyson outbreak has contributed to COVID cases in this rural region is still unclear, partially because of a lack of reliable state data on infection rates and testing. It is clear, however, that some workers feel as if Tyson put profits over worker safety as the virus spread through the facility this month. If the company had distributed protective equipment earlier, “it probably wouldn’t be as bad as it is now,” Bennett says.

The employees say that approximately three weeks ago, a plant supervisor told workers that at least one employee had tested positive. But they shouldn’t worry, the supervisor reportedly said—the case had occurred two weeks earlier, so other workers likely wouldn’t be threatened. The announcement hit the workers like a bombshell. “I don’t think it was fair to us as employees the way they waited until 14 days later to tell us,” says Denise Richardson, who has not contracted the virus. “If you’ve got paperwork confirming that someone has it, you let everybody know and give us all an opportunity to take proper precautions.” At the time, the company had just recently begun to start screening workers by checking their temperature, and masks had not been widely distributed to employees, Richardson says.

By the time Tyson alerted employees to the danger, the virus already appeared to be spreading. Bennett, after days of “feeling sicker and sicker, weaker and weaker” at work, was hospitalized shortly after the announcement. Bobby Dawson, another Tyson employee, tested positive for COVID-19 about the same time as Bennett. He says he informed plant supervisors about the positive test result the same day he learned of it. Dawson criticized the company for not telling him about the situation sooner, which would have allowed him to take precautionary measures to keep from getting sick, such as taking days off work or wearing protective equipment. “They hid it from us. They didn’t give us a choice to do anything,” Dawson told the Observer. “Their main concern is to get them chickens out, regardless of what their employees are going through. That’s why we all come up sick.”

The conditions of the plant lend themselves to the spread of disease, the workers say. Employees work “elbow to elbow” as they defeather, eviscerate, and debone thousands of birds a day. Even the most innocuous task—such as clocking in for a shift and clocking out at the end of the day—appears to present considerable risk, as hundreds of employees crowd the few functional terminals. “You got so many people trying to clock in at one time you can’t do nothing but catch it,” Richardson says. “We’re packed in there like a bunch of sardines.”

Richardson also notes that many of the plant’s workers cross the border each day from Shelby County’s adjacent parishes in Louisiana, a state that’s been ravaged by the virus. Shelby County shares a border with DeSoto Parish, where at least 180 confirmed cases and 10 deaths have been counted among a population of only 27,000.

See here for the background. These and other meat processing plants will continue to stay open due to federal order. I don’t have anything to add here, just that you should go read both of these stories.

Houston’s Climate Action Plan

We have one, with goals for 2050.

Houston’s first Climate Action Plan calls on the city’s 4,600 energy companies to lead the transition to renewable sources, while residents are asked to swap car rides for mass transit and work to cut down on the estimated seven pounds of waste each person discards every day.

The plan also calls for the city to adopt a new building code and develop a long-range plan for its waste collection system as part of a broad-based effort to reach carbon neutrality by 2050.

The 97-page plan, in the works for more than a year and published online Wednesday, is a strategy, not an ordinance, so it does not enforce any new rules. Instead, it identifies four areas to target emission reductions: transportation, energy transition, building optimization and materials management. It also identifies goals, strategies and targets for residents, businesses and the city to follow in each of those areas.

For example, the section on transportation, which accounts for nearly half of emissions here, includes a goal to shift the regional fleet to electric and low-emission vehicles. It lays out targets to get there, such as converting all non-emergency municipal vehicles by 2030, and increasing incentives and infrastructure for the private sector to do the same.

The section on energy transition includes the production of 5 million megawatt hours of solar power by 2050. It calls for the city to power municipal operations entirely with renewable sources by 2025, and it proposes training private businesses and property owners on how to adopt solar power on their rooftops.

Nearly all of the 34 million metric tons of carbon that Houston emitted in 2014, the baseline year for such calculations, came from transportation and energy that powers homes, businesses and institutions, the plan says.

Those strategies are tailored to Houston, said Lara Cottingham, the city’s chief sustainability officer and lead author of the plan. The city, she said, does not have the same tools as the state or federal governments or even other cities, such as San Antonio and Austin, to combat climate change. It has very little authority to regulate the oil and gas industry, and it does not have a city-owned electric utility.

That means the plan requires buy-in from businesses and residents to take initiative themselves, Cottingham said.

“The Climate Action Plan is a good combination of ambitious goals and common-sense solutions,” she said. “We don’t have all the answers, and that’s OK. We do know that science is behind us and technology is on our side. What is important is that every single one of us does our part.”

You can see the plan here. The story notes that there’s a broad range of support behind the plan, but also a lot of emphasis from supporters that this is just a first step. I agree with the Air Alliance Houston statement on the plan, which urges the city to collaborate with Harris County to expand this into more of a regional initiative. In the short term, I’d really like to see some action on solar power, with options to make financing for home solar panels widely available. This is very much a collective action problem, and I’m glad to see the city commit to doing its part. It’s on the rest of us to make sure they follow through.

Well, they do serve food

Presented (mostly) without comment:

A strip club in Houston has won a temporary order from federal court Friday night allowing it to resume business after a confrontation with police over the governor’s order to allow certain types of businesses to reopen amid the coronavirus pandemic.

Club Onyx opened just after midnight, claiming it was a full-service restaurant and that strippers there were merely “entertainment.” The governor’s order allowed restaurants, retail businesses, malls and movie theaters to open at 25 percent capacity Friday.

Houston police officers raided the business within an hour of it opening, saying the business did not qualify under the categories the governor laid out. The officers threatened owner Eric Langan with arrest if he didn’t close. Langan was defiant for hours but ultimately agreed to close the club around 4 a.m.

Then the business he owns, Trump, Inc., filed a federal lawsuit alleging the raid and forced closure violated his civil rights. The suit argued that his business was a restaurant and therefore able to accept customers.

Late Friday night, federal judge Vanessa Gilmore granted the club’s owner a temporary restraining order allowing it to reopen. It also prohibited Houston police from arresting employees for doing so and ordered the agency to produce all records from its investigation.

Mayor Sylvester Turner said the club had primarily operated and categorized itself as a sexually oriented business before the pandemic and was only claiming to be a restaurant so it could reopen.

No one ever said this was going to be easy. There was a time when strip clubs might have been Houston’s third-biggest industry, following energy and the Medical Center. I don’t even know what I’m doing here.