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July 10th, 2020:

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.

HISD being investigated over special education

Flagging this for later discussion.

Texas Education Agency officials are deep into a wide-ranging investigation of Houston ISD’s special education department, examining whether district staff violated numerous federal laws and state rules that help ensure students with disabilities get vital support while in school, the Houston Chronicle has learned.

Records reviewed by the Chronicle show state investigators have spent the past 8 1/2 months reviewing whether the state’s largest school district failed to follow about 20 special education regulations, such as properly identifying students with disabilities, delivering legally entitled services, re-evaluating students’ needs and involving parents in key decisions.

The inquiry, known as a special accreditation investigation, is the same type of review launched by the TEA in early 2019 following allegations that some trustees had violated the Texas Open Meetings Act, interfered with district contracts and failed to follow their governance role.

TEA officials substantiated those allegations and Education Commissioner Mike Morath moved in late 2019 to replace HISD’s governing board. However, the district’s elected trustees remain in power pending the outcome of a lawsuit they filed to stop their ouster.

While state officials typically handle several individual special education complaints brought by HISD families each year, the current investigation dives into HISD’s district-wide performance and could produce far more serious consequences.

If state investigators find evidence of systemic special education issues in HISD, Morath could appoint an official to oversee changes in the district or try again to replace the school board. TEA officials declined to comment on the ongoing investigation.

In a statement, HISD’s administration said it is “fully cooperating” with the investigation, directing additional questions to the TEA. HISD Board President Sue Deigaard said she is “looking forward to seeing the results.”

“If there’s a problem, and it’s taken a third-party to identify the problem, then we can fix it,” Deigaard said.

The investigation marks the latest development in HISD’s troubled history with providing special education services to children in the 210,000-student district.

The inquiry also renews the spotlight on TEA’s handling of special education, which remains under intense local and federal scrutiny after the Chronicle revealed in 2016 that the agency’s arbitrary cap on the number of children receiving services led to the denial of support to tens of thousands of students with disabilities across Texas.

You should read the rest for the particulars, but that’s a pretty good summary. It is certainly the case that the TEA has dirty hands when it comes to overseeing special education in Texas, but that doesn’t mean that HISD doesn’t have its own particular problems that require a deep-dive investigation and a detailed report of the issues and how to repair them. I would hope that if the TEA is to embark on such an investigation that they would be up front about the places where they have been complicit, or at least negligent, in enabling HISD’s shortfalls. If it’s more about assigning blame and pointing fingers, it won’t be worth the effort and won’t do anything to help the kids and families that have been harmed. The goal here needs to be making the system serve the people it needs to serve. With that, let’s see what happens. You can see my previous blogging about that earlier special ed report and related matters here.

A new homelessness initiative

Good.

Harris County Commissioners Court voted unanimously on Tuesday to authorize $18 million for a two-year program serving the homeless as advocates project a rise in homelessness with the novel coronavirus.

The program is the county’s most ambitious partnership with the City of Houston for people experiencing homelessness, with $29 million to be pledged by the city and an additional $9 million or more from private donors. The city and county’s dollars come from federal money allocated through the CARES Act.

While the city and county have collaborated on homeless initiatives in the past, this is their biggest joint investment yet.

“With the current COVID-19 crisis putting so many people’s living situations at an increased risk, having access to stable housing options is vital for the entire community,” Precinct 2 Commissioner Adrian Garcia said in a press release. Garcia brought the funding request to the county court. In commissioners court, Garica said, “This will have the most significant impact on the camps we see.”

Not only are people experiencing homelessness more vulnerable to coronavirus because of preexisting chronic conditions and a lack of even basic hygiene options, they are at higher risk of spreading it to others because people living on the streets have nowhere to self-quarantine.

“Housing is healthier for people experiencing homelessness during the coronavirus,” said Catherine Villarreal, communications director for the Coalition for the Homeless. The Coalition will be administering the programs. “People experiencing homelessness are uniquely vulnerable to coronavirus because of chronic conditions.”

The Coalition hopes that the programs can begin by mid-August and will roll out in stages pending city and county funding and contract approvals, said Ana Rausch, vice president of operations for the Coalition for the Homeless.

The initiative will provide rental assistance for about 1,700 newly homeless people who don’t need much case management, house about 1,000 people experiencing homelessness, support about 200 people at risk of homelessness, provide more mental-health case management and begin a homelessness diversion program. The Coalition projects the program will help about 5,000 people.

The best evidence we have now says that the most effective way to ameliorate homelessness is to provide housing or housing assistance to the people who need it. Other services may be needed for people with addition or mental health issues (by the way, expanding Medicaid would help a lot with those, too), and it turns out that having a stable place to sleep and eat and keep clothes and other possessions makes addressing those issues a lot easier, too. It seems to me that the main objection to providing this kind of direct aid is that it’s some kind of moral hazard, as in “well, if we help SOME people then we have to help EVERYONE, and if we do that then who’s ever gonna want to do for themselves” or some such. Putting aside the fact that such sentiments are facially untrue, if there’s one thing we should be learning from the coronavirus pandemic it’s that everyone does in fact deserve help. Hard times can come for any of us, at any time, without warning and without it being anyone’s “fault”. I want to live in a society that recognizes this truth, because the next person who needs it could be me or someone I love. Imagine how much more progress we could make on controlling this pandemic if everyone whose business or employment is threatened by it knew they would be tided over until it passed. Maybe now that we’re starting to take this kind of action, we’ll recognize the need to continue it after the current crisis has passed. Houston Public Media has more.

2020 Primary Runoff Early Voting, Second Thursday: In which I get a look at the vote rosters

What’s a vote roster, you say? It’s a detailed list of everyone who voted in a particular election. You can find some recent ones, mostly pertaining to the 2020 elections so far, here. I’ve used the rosters from past elections to do some deeper analysis of our city election voters.

And now I’ve turned that attention to the 2020 primary and primary runoff voters. I started out with an interest in the people who have voted by mail in the runoff, as there are many more of them than there were in March. How had they voted in March? More to the point, how many of them had not voted at all in March? In other words, what was the effect of the County Clerk sending mail ballot applications to every registered voter 65 and older in the county?

Well, I’ll tell you. The following data is for early voting and vote by mail through Wednesday, July 8:

For the Democrats, there have been 41,531 total mail ballots cast in the runoff. Of those,
– 15,895 people voted by mail in the primary
– 7,052 people voted early in person in the primary
– 4,361 people voted on Election Day in the primary
– 14,223 people did not vote in the primary

Also for the Dems, there have been 40,387 early votes in person so far in the runoff. Of those,
– 135 people voted by mail in the primary
– 21,375 people voted early in person in the primary
– 10,210 people voted on Election Day in the primary
– 8,667 people did not vote in the primary

In summary, 27.9% of all Dem runoff voters did not vote in March. And 34.2% of all runoff votes cast by mail came from people who had not voted in March.

How about the Republicans? There have been 23,585 total Republican votes by mail in the runoff. Of those,
– 12,121 people voted by mail in the primary
– 1,500 people voted early in person in the primary
– 816 people voted on Election Day in the primary
– 9,148 did not vote in the primary

Also for the GOP, there have been 11,833 early votes in person so far in the runoff. Of those,
– 130 people voted by mail in the primary
– 7,671 people voted early in person in the primary
– 1,520 people voted on Election Day in the primary
– 2,512 people did not vote in the primary

So, 32.9% of all GOP runoff voters did not vote in March, and 38.8% of all runoff votes cast by mail came from people who had not voted in March. How about that?

I’m working on some more data and will present that over the weekend. In the meantime, here are the updated early vote totals:


Election     Mail    Early    Total   Mail %
============================================
D primary  21,658   82,365  104,023    20.8%
R primary  21,340   65,783   87,123    24.5%

D runoff   43,000   47,389   90,389    47.6%
R runoff   24,724   13,679   38,403    64.3%

The Thursday runoff EV file is here, and the final EV turnout report from March is here. It looks like there had been an error in an earlier days’s reporting, which had shown nearly zero mail ballots received – I think it was the Tuesday report. That has been corrected, which is why there’s such a large increase in today’s mail ballot total. Dems topped 7K in person voters, their highest single day yet, while Republicans have still not seen as many as 2K in person voters. Today should be the busiest day, and voting hours are extended till 10 PM. I’ll have the final wrapup on Sunday.