Sriracha post-mortem

The Motley Fool wonders if State Rep. Jason Villalba should get the credit for the resolution of the Great Sriracha Dispute of 2014.

In early January, Texas state representative Jason Villalba made a public invitation to David Tran to pack up and move Huy Fong to Texas. In his announcement, Villalba contrasted “excessive government interference” by “government bureaucrats” in California to Texas’ “low regulations and limited government interference.”

This could have come across as one-off political grandstanding, but Villalba didn’t let go of the issue. His pitch later expanded to include the notion of Texas’ Rio Grande Valley as a possible pepper-farm location—despite the fact that the valley and Dallas are 500 miles apart, which would hike Huy Fong’s transport costs considerably. And on May 12, he brought a delegation of state legislators and Texas officials to Irwindale for a high-profile tour of Huy Fong’s plant and a private meeting with Tran.

Whether or not Tran was seriously considering relocating or expanding to Texas, the visit and the publicity it generated gave him leverage in his conflict with the city. And it gave GOP leaders both in Texas and in California a national platform to criticize what they saw as shortcomings in the Golden State’s business climate.

The dispute’s endgame began Tuesday, when representatives from Democratic governor Jerry Brown’s office held a private meeting with Tran and city officials. Wednesday night, Irwindale’s council voted to drop the issues.

Whether that settles the matter for residents living near the plant won’t be clear until this summer when the pepper harvest comes in for processing. But for now, it looks like Huy Fong will stay put and its most popular sauce will keep flowing.

This was of course a local dispute, one that had nothing to do with state regulations, and the leading suitor for a relocated Huy Fong factory was surely elsewhere in California. Be that as it may, California Gov. Jerry Brown wasn’t taking any chances.

Afraid of losing a few hundred jobs and the world’s best hot sauce, Los Angeles officials urged Brown’s office to take action. The Governor’s Office of Business and Economic Development and the Los Angeles Economic Development Corp. began reaching out early this year to try to get the two sides talking, an adviser with knowledge of the meetings said.

Brown’s economic development team got the South Coast Air Quality Management District to evaluate Irwindale’s air — they found no significant odorous problems — and arranged for the mayor of Irwindale, Mark Breceda, and a city council member to visit the factory and begin making peace.

Leslie McBride, deputy director of business investment services in the economic development office, represented the Brown administration during the walk-through on Tuesday. Huy Fong showed city officials their new filtration system upgrades, which should help mitigate future air quality problems.

Brown was briefed several times on the progress of negotiations, the adviser said, though the governor’s office didn’t offer any specific incentives.

This LA Times story has more detail on the backstage activity. Honestly, I think this was more of a communications problem than anything else. For whatever the reason, the city of Irwindale and David Tran dug in their heels as the rhetoric escalated, and it wasn’t until the cooler heads from Gov. Brown’s office intervened, and the reality of maybe actually turning the business completely upside down as represented by the arrival of Team Villalba seeped in, that everyone came to their senses and worked out a resolution that should have been obvious six months ago. You can give credit to Brown, and if there is a real expansion opportunity in the future – still no word on that as far as I can tell – you can give plenty of kudos to Villalba, but from where I sit this was always how this should have ended up. Stuff does happen sometimes – ask a Cleveland Browns fan, or a Baltimore Colts fan, for two such examples – but what really mattered in the end was that the two sides finally started talking to, and listening to, each other. Isn’t that usually how it goes?

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Friday random ten: C U Later

This list is brought to you by artists whose names begin with the letter C.

1. Never Gonna Give You Up – CAKE
2. Pictures of Matchstick Men – Camper Van Beethoven
3. Love Will Keep Us Together – Captain & Tennille
4. You’re So Vain – Carly Simon
5. I Feel The Earth Move – Carole King
6. It Ain’t Me Dammit – Carolyn Wonderland And The Imperial Monkeys
7. Good Times Roll – The Cars
8. Round Midnight – Charlie Parker
9. Down The Old Plank Road – The Chieftains
10. Up The Junction – Chris Difford

Yes, I know about the Captain and Tennille. Don’t harsh my memories of cheesy 70’s variety shows, man.

Hey, it was the 70s. It made sense at the time, I swear.

Posted in Music | Tagged , , | 1 Comment

On bathrooms and menaces

Nonsequiteuse has something to say.

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

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

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

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

Let me break this down for you.

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

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

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

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

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

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

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

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

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

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

Posted in Local politics | Tagged , , , , , , , , , | 2 Comments

Vehicle for hire vote tagged

No surprise here. I had thought the ordinance was still in committee, but it went before the full Council yesterday. It was of course tagged – we weren’t going to have this vote only one week after the HERO vote, no way in hell on that. Most of the story recapitulates stuff we know, so let’s see what the Council members are saying about it.

“I’m not satisfied with what has been presented so far, and we need to make sure we have this covered properly with regard to people with disabilities,” said Councilman Robert Gallegos, who noted his brother is in a wheelchair.

Gallegos and Councilman Dave Martin both mentioned that the council last week passed an equal rights ordinance prohibiting discrimination against more than a dozen protected groups, including those with disabilities, and should be consistent.

Taxis must provide trips for disabled passengers, but the same demand is not placed on the so-called transportation networking companies, Yellow Cab lobbyist Cindy Clifford said.

Tina Paez, director of the city’s regulatory affairs department, told council members in a memo that the city plans its own tweaks to the ordinance, including one aimed at getting companies like Uber and Lyft to deploy wheelchair-accessible vehicles among 5 percent of their drivers.

Councilman Michael Kubosh was concerned that setting a goal to achieve accessibility would not produce access for the disabled.

“I have a goal to lose 100 pounds,” he said. “You can have a goal. No one is going to punish you if I don’t meet your goal.”

The council discussion also included mention of Uber and Lyft’s decisions to launch preemptively in February, despite city officials urging them to be patient.

Councilman Mike Laster said Wednesday that 160 citations have been issued to the companies for operating illegally, 142 to Uber and 18 to Lyft; none has gone to court, he said.

“That just goes to show you these operators are operating illegally,” Laster said. “Either we have ordinances that we enforce or we don’t, and I think that’s part of the discussion.”

Lyft is still making some noise about not liking the city’s background check criteria, saying theirs is more stringent. I expect that will get sorted out. The main thing I’m curious about at this point is what the headcount is for the ordinance. The only Council member that I am sure has taken a firm position is CM Costello, who announced his support for Uber and Lyft more than a month ago. Houston Mayors generally don’t bring ordinances to the table to get voted down, so my assumption is that this will pass, I just don’t have a good feel for who’s voting which way at this point. What are your thoughts?

One more point to make is that I got an email from Joshua Sanders on behalf of Lyft Wednesday night that disputed the claims made by Lauren Barrash, founder of The Wave, about Lyft. Specifically, they denied that Lyft drivers have no shift limits or rest requirements. A comment left by a self-identified Lyft driver also addressed this, saying “After each 12 hours of being in Driver Mode, the system boots you out for 8 hours to get some rest”. I offered to print a statement about this by Lyft spokesperson Chelsea Wilson, but didn’t hear anything further from them.

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Bell op-ed for eliminating the revenue cap

More like this, please.

Chris Bell

A decade ago, Houston voters restricted city property tax revenues to the combined rates of inflation and population increases. Like most arbitrary rules that politicians apply to math, this revenue cap sounds like a great idea until it meets the realities of a growing and expanding city.

During the Great Recession, property values remained largely constant while the global economy struggled and revenue to the city fell. City government tightened its belt, cutting spending and reducing its number of employees. Critical investments in our infrastructure, public safety and human services were deferred because we simply couldn’t afford them.

Today, with our strong economy and increased property values, we should be able to make those key investments we were unable to make. The only problem is that the revenue cap prevents us from doing so. We remain in the difficult position of either cutting services, laying people off, or having to seek voter approval to raise the tax rate – because our property tax revenues are capped.

Now, Houston budget writers are trying to recover from those bad choices. The revenue cap has created an artificial crisis for a growing population with rising real estate values. Instead of considering all the choices, Houston faces more hard, if false, choices in the near future.

Managing Houston’s ballooning debt obligations is going to squeeze services that will face an increasing demand. The better Houston does, the worse Houston will become. The revenue cap, as currently written, punishes Houston for its success, antithetical to our city’s core values.

See here for the background. You know I agree with what Bell says, so I’ll keep this brief. As a matter of philosophy, I’m opposed to stupid budget tricks, the vast majority of which offer little more than illusion, distortion, and perverse incentives. I hope to see more people join Bell’s call to repeal this bad law. I just wish more people had spoken against it back in 2004 as well.

Posted in Local politics | Tagged , , , , , , , , , | 5 Comments

Burnam drops electoral challenge

A good decision, in my opinion.

Rep. Lon Burnam

After months of legal wrangling, state Rep. Lon Burnam announced Thursday that he will not continue with his challenge of his primary election loss.

Shortly after losing on March 4 by 111 votes to local businessman Ramon Romero Jr., Burnam, D-Fort Worth, sued, saying the election for state House District 90 was tainted by illegal mail-in ballots.

Now, after three courts — including the state’s top civil court — refused to order the release of the applications for those ballots, Burnam has asked his legal team to drop the case.

“I did not make this decision because I believe my opponent won fairly, or that our suspicions of illegal conduct in the election have not played out,” Burnam said in a statement.

“I made this decision because the Texas Supreme Court has denied our final appeal for a subpoena to see county vote-by-mail records, making it impossible to prove that more than 111 ballots were illegally cast.

“These records will become public after the general election in November and I plan to revisit the issue at that time.”

Romero said he’s glad Burnam is dropping the lawsuit.

“We ran a race fair and square,” he said. “We asked people to vote for us and they did.

“I’m excited to begin the work of the district.”

See here for the last update. Not the most magnanimous exit by Burnam, and I’m not sure what the point of revisiting the issue after the November election is, but whatever. I’d feel more sympathy for Burnam if he hadn’t come close to parroting Republican talking points on vote fraud during the litigation. Having said all that, Lon Burnam was a strong progressive voice in the Legislature and he served with honor. He’ll be missed, and Rep.-elect Romero will have some big shoes to fill. The Texas Election Law Blog, who thinks Burnam got a raw deal from the courts and who has some thoughts about using iPads for absentee ballot applications, has more.

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Those uninvestigated criminal cases

To say the least, this is big news.

The Houston Police Department, already reeling from a scandal involving shoddy work in its homicide unit, was dealt another blow Monday when a report revealed that some 20,000 burglary, theft, assault and hit-and-run cases with workable leads were not investigated in 2013.

The authors of the city-commissioned study surveyed HPD division commanders who revealed “excessively high numbers of cases with leads that were not investigated in 2013 due to a lack of personnel.”

The report noted that 15,000 burglaries and thefts, 3,000 assaults and nearly 3,000 hit-and-runs were not investigated last year. The data was based on monthly HPD management reports of cases with workable leads.

The study’s findings arrived at a critical time for HPD. The Houston Chronicle on Sunday reported on almost two dozen homicide cases dating back a decade that were barely investigated by HPD detectives. That scandal erupted earlier in the year when eight detectives were disciplined for their lack of work on the cases.

HPD Chief Charles McClelland had not completed reading the new 200-page study late Monday, but is expected to comment in the next day or two, said spokesman John Cannon.

[…]

The $150,000 study released Monday was conducted by the nonprofit Police Executive Research Forum and Justex Systems Inc., a consulting firm co-directed by Larry Hoover, a professor of criminal justice at Sam Houston State University.

It was requested by City Councilman and former HPD Chief C.O. Bradford in July 2010, but was delayed by the city’s recent budget shortage.

“When we have tens of thousands of cases with solvability factors, with leads, where suspects could be arrested, that simply shouldn’t be happening in the city,” Bradford said. “I am not shocked, because we don’t have the personnel to do it.” Bradford said he favors hiring 1,500 new officers, but said 800 – at a cost of $80 million – would be a starting point. HPD currently has 5,100 officers

Mayor Annise Parker said her administration has taken a number of steps to have more of the city’s officers investigating crimes, but added that “massive” funding is on the horizon.

“We investigate everything we have the capacity to investigate,” Parker said. “We need more police officers. The only way we can have more police officers is to have more tax revenue to pay for them. We have done an extraordinarily good job of utilizing every resource, putting more officers back on the street, doing all these really innovative things to maximize it, but ultimately, that’s just kept us treading water.”

A copy of the large report is here. I’m sure a lot of people will be reading it. I’ll get to it as I can in my copious free time.

The main thing to come out of this is likely to be calls for hiring more officers. With a Mayoral election on the horizon, you can hear the calls already. I’m just going to say this for now, and bear in mind that I haven’t read the report yet. I’m sure that there are some deadweight members of HPD just as we recently learned there were in the Homicide division. I’m sure that in the nine-figure Public Safety budget there are some questionable expenditures and opportunities for optimization, especially since that part of the budget has been basically untouchable despite the recent shortfalls. But I’m also sure that we’re not going to efficiency our way to a solution here. Whether you think HPD needs 1,500 new officers or could get by just fine with some smaller number of new hires, doing that kind of hiring is going to cost a lot of money. How exactly do we plan to pay for that? Even without the near-term bumps in the road that we face, and even if you believe that the non-Public Safety portion of the budget still has some readily identifiable waste in it after the great cutbacks of 2010, we don’t have $80 million plus lying around to spend on increasing HPD’s workforce. I don’t see how you can get there without at least rolling back the Bill White property tax rate cuts, if not raising the rate beyond that. Politicians love to talk about making “tough decisions”, well, here’s one that someone needs to make. I will take proposals to add staff to HPD seriously when I see an accompanying proposal for how to pay for it. Calling for solutions is easy. Coming up with solutions, then fighting for them if they’re not immediately received with hurrahs and hosannas, that’s what separates the contenders from the pretenders. Lisa Falkenberg has more.

Posted in Crime and Punishment | Tagged , , , , , , , , , , | 3 Comments

Judge Dietz refuses to recuse himself

Game on.

The Travis County District Court judge overseeing a contentious trial over the state’s school finance system rejected a request by the attorney general’s office to recuse himself from the case.

Attorney General Greg Abbott’s office asked state District Judge John Dietz to remove himself from the proceedings after learning of emails between Dietz and plaintiffs’ lawyers, some of which state lawyers say “suggest that the judge is coaching the plaintiffs’ counsel in order to improve their case.”

In an order signed Monday, Dietz declined to step aside, instead asking Billy Ray Stubblefield, presiding judge of the 3rd Administrative Judicial Region of Texas, to assign a separate judge to hear the motion of recusal.

Lawyers for hundreds of school districts slammed the state’s motion as an effort to delay a ruling.

If that were the attorney general’s intent, it worked, said Rick Gray, attorney for the Texas Taxpayer Student Fairness Coalition.

Gray said Dietz likely won’t continue work on the case until the recusal matter is resolved.

A ruling had been expected sometime this summer.

The attorney general’s office “shut it down and the ultimate losers are the schoolkids,” Gray said. “Every day, they stall and delay this is one more day we’ve got kids going through an underfunded, inefficient and inadequate system.”

See here for the background. The main thing I learn from this is that at least one other plaintiff group is on the same page as the David Thompson plaintiffs, who have already said they will “vigorously oppose” the state’s motion. Here’s more from the Statesman:

It is unclear how much delay the recusal motion will add to the school finance case, begun in 2011. Court rules require the motion to be heard “as soon as practicable,” even allowing a hearing to be held by conference call, with briefs and documents to be submitted by fax or email.

If the new judge denies the recusal motion, Abbott may appeal, but an order to remove Dietz from the case may not be appealed.

Before the recusal motion, Dietz had been expected to rule by late June or July.

A judge has been appointed to hear the arguments for this. Hopefully, we’ll get a ruling soon, as well as an updated opinion in the lawsuit.

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Waco finally adopts non-discrimination policy for LGBT city employees

Very glad to see it.

Without fanfare or controversy, the city of Waco has quietly agreed to bar discrimination against city employees who are gay, lesbian, bisexual or transgender.

City Manager Dale Fisseler said Monday he has made an administrative decision to add sexual orientation and sexual identity to the city’s internal personnel policy on nondiscrimination.

The policy already bars discrimination based on the federally recognized categories of race, sex, religion, color, national origin, age, marital status and disability.

“All I’m doing is updating our internal policy . . . just to clarify that we don’t discriminate based on sexual preference and identity,” Fisseler said.

A handful of local pro-LGBT activists, led by Paul Derrick and Carmen Saenz, had been seeking the change since 2013.

The city’s Equal Employment Opportunity Advisory Committee last summer recommended the policy revision. Then-City Manager Larry Groth turned it down, saying in a February letter that the city has never had a grievance or complaint about LGBT discrimination.

“I believe the policies clearly convey the message to our employees that discrimination and/or harassment is not allowed to any class even without a list,” he wrote to the advisory committee.

But Fisseler, who succeeded Groth in March, said his correspondence with Derrick in the last month gave him reason to reconsider.

“I agreed with Larry at the time, but I’ve been offered some additional information I don’t think he had,” Fisseler said.

[…]

Fisseler was city manager in Fort Worth in 2009 when the city council there passed a much more sweeping anti-discrimination ordinance that gave LGBT residents protections not only in municipal employment but private-sector employment, housing and public accommodations.

Saenz, who worked with Derrick on the Waco policy, said she ultimately would like to see a broad nondiscrimination ordinance in Waco, but she thought it necessary to take smaller steps.

Saenz, a psychology professional who identifies as lesbian, said she hasn’t experienced discrimination in Waco, but in the last year she has heard from city employees who feel pressure at work to keep their same-sex relationships a secret.

“The bigger picture is that we wanted to show that the city of Waco treats everyone equally,” she said. “It reflects to the state and the country that we don’t discriminate. It’s good for business, and it’s good for kids growing up gay, lesbian or trans that this is a place where you can live your life authentically and go to work.”

See here and here for the background. I confess, I lost track of this after the Equal Employment Opportunity Advisory Committee voted to recommend the change – I just assumed it had been adopted. My bad there. Be that as it may, this is a nice step forward after the victory in Houston, and I too hope that once the locals realize that the earth is still spinning on its axis a push can be made to adopt a similar comprehensive ERO for Waco as well.

Posted in The great state of Texas | Tagged , , , , | 1 Comment

Texas blog roundup for the week of June 2

The Texas Progressive Alliance celebrates the passage of the Houston Equal Rights Ordinance as it brings you this week’s roundup.

Continue reading

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The Latino Victory Project

I like the sound of this.

Building on record-breaking fundraising numbers, an expanded donor base and a historically high number of Latino voters in the 2012 presidential election, a progressive Latino group is set to officially begin efforts to expand the reach of Latino voters and candidates in the 2014 cycle and beyond.

Founded by actress and advocate Eva Longoria and Henry R. Munoz III, a businessman and finance chairman of the Democratic National Committee, the Latino Victory Project includes the Latino Victory PAC, a political arm that will back a slate of candidates who embody “a pro-Latino agenda and values” on issues such as immigration reform, the environment, the economy and health care.

“We want to build political power within the Latino community and institutionalize what happened in 2012. There needs to be a movement right now,” Longoria said. “We can really exercise the potential, because people see the demographic shift and are now saying, ‘Hi, Mr. Garcia. Hi, Mrs. Lopez.’ We want to make sure the names on the ballot reflect that power.”

To that end, the PAC will back a slate of seven Latino candidates — Reps. Joe Garcia (Fla.), Pete Gallegos (Tex.) and Raul Ruiz (Calif.); Amanda Renteria, who is running for Congress in California; and Nevada Assemblywoman Lucy Flores, who is running for lieutenant governor; Texas state Sen. Leticia Van De Putte, who also is running for lieutenant governor; and Angel Taveras, the mayor of Providence, R.I., who is running for governor.

Charlie Crist, who is running for his old job as governor of Latino-heavy Florida, also will receive the group’s support.

Although 11 million Latinos cast ballots in the 2012 election, about 12 million stayed away, and Latinos still vote at a lower rate than any other group. That same year, Latino elected officials did make gains nationwide, in state legislatures and in Congress, with a record 31 now serving in Congress, according to the National Association of Latino Elected and Appointed Officials.

Yet their representation in Congress is below 17 percent, the make-up of Latinos in the general population.

“The disparity is so stark and that’s why we have to begin developing the pipeline now, not only for 2014 but laying groundwork that will take us to 2016 and then to 2020,” said Cristobal Alex, president of the Latino Victory Project. “That is the year for us when Latinos will be in a position to influence the Oval Office. Our vision for 2020 is that we will have a record number of Latino voters to help influence redistricting and to help drive and influence policy for the balance of the century. This will take some time.”

[…]

The group grew out of the Futuro Fund, which raised $30 million for Obama’s reelection and created a new cadre of high- and low-dollar donors, with 150,000 Latinos contributing.

Among the specific initiatives is a program called “The Firsts,” which will focus on Latinos who are the first in their families and communities to reach educational and professional milestones, a designation that often falls to the eldest daughter, who Alex said is often the “CEO in the family.”

“By 2016, we want 100,000 of the firsts,” Alex said. “And they will elevate the first Lucy Flores, the first Leticia Van De Putte.”

Indeed, sparking the kind of movement Longoria envisions means engaging Latinas.

“Women definitely make the household decisions, economic decisions, educational decisions, and in turn, that correlates with the political decisions,” she said.

See here for their website, and here for a bit of background. It sounds like they’ve got a Battleground Texas-like model, which is all about engaging neighbors and friends to spread the word. I’m delighted to see that they’ll be supporting Sen. Van de Putte and Rep. Gallego, both of whom could use all the involvement they can get. They’re right that this will take time, so who knows how much effect it may have this year, but there’s no time like the present to get started. Stace has more.

One more thing:

Texas, with its 38 electoral votes, remains the biggest political prize for Democrats, yet the Lone Star state has remained solidly red. The state’s brightest stars are Latinos, among them Sen. Ted Cruz; George P. Bush, who is running for Texas land commissioner; and twin brothers Joaquin Castro, a congressman, and Julian, who is mayor of San Antonio.

In Texas, Democrats don’t have a solid lock on Latinos; 40 percent backed Gov. Rick Perry in 2010.

groan Where do these not-based-in-Texas writers come up with these numbers. No citation is given, so one presumes it’s little more than someone’s idea of conventional wisdom. As I’ve said many times before, this sort of thing can be easily checked with actual election data. Here’s how Rick Perry did in the most heavily Latino State Rep districts in 2010.

Dist SSVR% Perry White Perry% White% ============================================ 31 75.77 10,135 13,454 42.01% 55.77% 35 73.67 6,465 10,663 37.19% 61.34% 36 82.58 4,035 9,459 29.55% 69.26% 37 77.19 6,245 10,273 36.96% 60.79% 38 77.01 6,420 9,144 39.11% 59.26% 39 81.43 5,278 13,987 27.03% 71.64% 40 85.44 3,086 8,898 25.37% 73.16% 42 85.76 4,992 16,985 22.41% 76.24% 75 80.97 3,042 7,260 29.04% 69.31% 76 80.69 4,033 12,758 23.57% 74.57% 80 78.50 7,320 13,486 34.58% 63.70% Total 61,051 126,367 32.57% 67.43%

Election and SSVR data can be found here. As with the claims that Mitt Romney took 36% of the Latino vote in Texas and Ted Cruz took 40%, the empirical evidence does not bear this unsupported, context-free claim out. As always, this sort of analysis is limited and somewhat hazy, as the actual percentage of Latino voters in these districts in any given election may be considerably less than the Spanish Surname Registered Voter (SSRV) percentage. Given that most of the non-Latino voters in these districts will be Anglo, whose support for Rick Perry or whichever other Republican we’re looking at is likely to be a lot higher than these numbers, that suggests Perry’s actual level of Latino support in these districts is lower that what you see here. This represents less than twenty percent of the total statewide Latino vote, but to get from here to 40% overall would mean that Latinos everywhere else voted for Perry at much higher rates than what we’re seeing in these districts. I’ve yet to see any credible evidence suggesting that might indeed be the case. Anyway, the bottom line is that the evidence we have implies Rick Perry’s actual level of support among Latinos is a fairly unremarkable 30% or so. I’ve shown you my numbers, so if you want to claim otherwise, you show me yours.

Posted in Election 2014 | Tagged , , , , , , , , , , , , , , , , | 1 Comment

Who stands with Jared?

I noted yesterday that soon-to-be-former Harris County GOP Chair Jared Woodfill is busy trying to gather petition signatures to repeal the Houston Equal Rights Ordinance. Here’s the beginning of his pitch:

Jared Woodfill

I want to thank all of you who stood against Mayor Parker’s Sexual Predator Protection Act. The battle to repeal this ordinance has begun. I encourage each of you to join me in taking a stand against the ordinance proposed by a Mayor who admits that the ordinance is all about her personal agenda and the campaign promises she made to the lesbian, gay, bisexual, transgender (“LGBT”) community. The next step in this battle is to promote and circulate a petition that would force a city-wide referendum to repeal Mayor Parker’s Sexual Predator Protection Act.

There should be no special privileges for her special interests. Parker’s Unequal Rights Ordinance is 34 pages long and creates two new “protected classes” in the city charter’s anti-discrimination provisions. This new city ordinance would grant minority status for “sexual orientation” and “gender identification.” Mayor Parker’s ordinance would include minority status for transvestites, allowing men who dress as women to enter women’s public bathrooms and locker room areas. For example, if a biological male, who believes he is a female, wants to use the women’s restroom and you do not allow them to use the female restroom, then the leaders of the business, restaurant, church or other establishment could be prosecuted criminally for discrimination under the Mayor’s ordinance. Additionally, it forces these same entities to recognize same sex marriage or be prosecuted for refusing to do so.

The ordinance is really about Mayor Parker’s personal, social, LGBT agenda for the city, state, and country. She must be stopped!

Blah blah blah hurt feelings entitlement rage lots of lies and so forth. You get the idea. What I want to know is simply this: If this is the official position of the Harris County Republican Party, as well as of the statewide Republican slate, where do all of the Republican candidates running for office stand on this? There’s a lot of Republican judges running for re-election this fall. How many of them will stand with Jared and sign his petition? That’s something I think we ought to know. And yes, I’d like to know the same for the Democrats running against those judges; I’m thinking I’ll add a question to my usual judicial Q&A this year to inquire about that.

What about the other Republican officeholders in Harris County? Well, County Clerk Stan Stanart has participated in the anti-HERO rallies at City Hall, so I think we know where he stands. And while I don’t know his personal opinions on the subject, I’d venture to guess that County Judge Ed Emmett will not be involved in this effort. I suspect he sees no reason to meddle in the affairs of the city of Houston, he’s never given any indication that he’s motivated by so-called social issues, and he just spent over $100K to defeat Woodfill in the primary. So yeah, I expect Judge Emmett will take a pass. That leaves County Treasurer Orlando Sanchez, whom I expect will stand with Jared, District Clerk Chris Daniel, and District Attorney Devon Anderson. I won’t venture a guess about the latter two. Someone ought to ask them, for the record.

Anyway. Jared’s little petition is here, and it says that petitions with notarized signatures must be received (by them) no later than June 27. Circle that date on your calendar, we’ll know by then if we might have another item on the ballot this fall.

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And we circle back to Uber and Lyft

Took longer than we thought it would, but on we move to the next contentious debate.

Companies that connect riders with drivers via smartphone and tablet applications could operate legally in Houston, subject to certain conditions, under a proposal to be considered Wednesday by the City Council.

The suggested changes to Houston’s taxi and limousine laws follow more than a year of discussions among city staff, taxi and limo operators and the new companies, Uber and Lyft.

Lyft’s future in Houston, however, remains uncertain. A spokeswoman said the company was unwilling to use the driver background check system required by the city, believing its own procedure is better.

Local cab and limo companies sought to keep Uber and Lyft out of the Houston market, citing concerns about their safety and insurance. Cabbies said they felt unfairly burdened by some city rules that the upstart companies wanted to ignore.

Greater Houston Transportation Company, owner of the local Yellow Cab and United Cab businesses and the city’s largest taxi company, remains opposed to the proposal, spokeswoman Cindy Clifford said.

Taxis must provide trips for disabled passengers, but the same demand is not placed on the so-called transportation networking companies, Clifford said.

Part of the discussion includes a rule that would require the transportation network companies like Uber and Lyft to guarantee that five percent of their drivers can accommodate wheelchair passengers. For what it’s worth, a good friend of mine who now lives in North Carolina suffers from multiple sclerosis and spends most of her time in a wheelchair. When she and her husband (who is from Houston; she grew up in Sealy) last visited, they drove a normal rental car, some four-door sedan. Her folding wheelchair fit easily into the trunk. The challenge was getting her from the wheelchair into the car and vice versa. Her husband was well-practiced in this, and though it took a couple of minutes at each end, he got the job done. Anyone could have done this, with some patience and a bit of upper body strength. I’m saying all this because I’m wondering what such a requirement by the city would look like. Is it about the capability of the vehicles, or of the drivers, or both?

In revising its rules, Houston built on policies in other parts of the country, then “closed a gap in some areas,” said Christopher Newport, chief of staff to Mayor Annise Parker.

As in other cities, the new companies have pressed into Houston on shaky footing. Uber and Lyft launched preemptively in February, despite city officials urging them to be patient. The companies continued discussions with the city to change the taxi laws.

“The biggest takeaway is when everyone comes together to work, we end up coming to a great resolution that is going to be best for riders and for drivers,” said Chris Nakutis, a Midwest general manager for Uber who oversees operations in eight cities, including Houston.

However, a Lyft spokesperson, Chelsea Wilson, said the city’s code would still inhibit its operations, in part because the city requires a criminal background check that includes fingerprinting. Lyft’s system of background checks is more thorough, Wilson said.

Changes to the taxi and limo laws also would forbid Uber and Lyft drivers from soliciting rides through means other than their online systems, and would ban them from cab stands “near any passenger depot, hotel, airport, ship or ferry landing, bus stop or station.”

Rules regarding commercial use of Houston’s passenger airports mean drivers for Uber and Lyft cannot pick up or drop off passengers without a city permit. Cab and limo companies, as well as airport shuttles, pay for annual permits to come to the airport, and also pay a per-trip fee.

I’m okay with the restrictions on soliciting rides, the ban on using cab stands, and the permit requirements for going to and from the airport. I wouldn’t have thought people would use these services for airport rides, but apparently they do. As far as the concerns expressed by Lyft spokesperson Chelsea Wilson go, I can’t see why it wouldn’t be acceptable under the proposed ordinance for a TNC to have stricter background check requirements, as long as theirs contain the city’s requirements. It’s not clear to me what the stumbling block is there.

If you’ve been following this blog for awhile, you know that I am generally favorable towards revising the existing vehicle for hire code to allow Uber and Lyft and the like to operate in Houston. I have some reservations, mostly stemming from the disdain that Uber in particular has shown towards the existing code while the process was in the works, but overall I think the addition of TNCs will be a net positive. A few weeks ago I noted some objections raised by Lauren Barrash, founder and CEO of The Wave, in one of the many stories on Uber and Lyft. She contacted me after that post came out, and we corresponded via email and had a longish phone conversation, in which she went into a lot more detail about her concerns. I was going to write a full post about all we discussed, but between the high volume of activity lately and life in general (cue tiny violins), I never quite got around to it. So, I’m going to take this opportunity here to boil it all down to two points that had some resonance with me and that I haven’t seen discussed much here or elsewhere.

1. How exactly is enforcement going to work? This is one part lack of resources – Barrash says the city doesn’t have enough inspectors now, and as we know there’s a looming budget crunch that may put even more pressure on this – and one part the fact that unlike cabs, Uber and Lyft vehicles aren’t necessarily readily identifiable. Yes, I know about the Lyft pink mustaches, but right now at least some Lyft drivers aren’t using them, either to avoid being cited or to avoid harassment. However you slice it, there will be a lot more vehicles subject to city ordinances, but no more inspectors or police officers to oversee them.

2. Other safety issues. This includes a range of concerns, such as drivers having access to customers’ cell numbers, drivers being heavily dependent on smartphones for dispatches and directions, drivers contributing to congestion and general chaos at large events like the Rodeo, and drivers potentially competing with each other (since they can know where their peers are) for pickups in the hot zones. Also a potential problem is that there are no shift limits or rest requirements for Uber and Lyft drivers.

There’s more, and I may return to this subject now that vehicles for hire are back on the front burner, but you get the gist of it. I’m sure there won’t be a vote this week, so we have at least a few more days to talk about this. The Highwayman has more.

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State wants judge removed from school finance case

Keep an eye on this.

Attorney General Greg Abbott’s office on Monday sought to remove the judge presiding over the public school finance case, contending that his impartiality is in question due to email exchanges with lawyers that filed the lawsuit.

A lawyer for one group of the school districts that sued over the funding system, David Thompson, said state District Judge John Dietz has been impartial and that state lawyers have had the same opportunity to communicate with the judge. Abbott’s office said the state wasn’t notified of the communications with plaintiffs or given a chance to respond.

[…]

The attorney general’s motion cited a series of e-mails between the judge or his staff and lawyers for those who sued regarding the merits of the litigation, particularly the judgment, findings of fact and conclusions of law.

The exchange occurred between March 19 and mid-May, said the motion, contending that “some of the emails’ content suggest that the judge is coaching the plaintiffs’ counsel in order to improve their case.”

That raises a question about his impartiality, the motion said.

[…]

The motion asks that Dietz recuse from the case or that the matter be referred to the regional presiding judge for consideration.

Thompson said plaintiffs will be filing a response soon.

“We don’t think there is a solid basis for it,” Thompson said of the state’s motion. “Certainly nothing has been done that the state was in the dark about.”

The DMN fills in a few blanks.

On May 14, Dietz invited all the attorneys from both sides to meet privately in his chambers to discuss his final ruling, which is expected to be issued later this summer. The session, which was closed to the public, included lawyers from Abbott’s office who have been defending the state in the case.

“That the record in this matter is still open, that defendants’ counsel was not notified of the communications or given an opportunity to respond, and that some of the emails’ content suggest that the judge is coaching the plaintiffs’ counsel in order to improve their case, raise a reasonable question regarding the judge’s impartiality,” state attorneys said in the motion.

The motion will be ruled on by a separate judge in the 3rd Administrative Judicial Region of Texas. The presiding judge for the region is Billy Ray Stubblefield of Georgetown.

Houston attorney David Thompson, who represents one group of plaintiffs that includes the Dallas school district, disputed the state’s allegations and said the plaintiffs will vigorously contest the motion.

“We very strongly believe all the communications that have occurred in the case have been appropriate and consistent with the rules of procedure for Texas courts,” Thompson said.

He pointed out that state attorneys previously agreed that each side would submit proposed findings of fact to the judge that would not be shared — at least initially — with the opposing side.

“We hope this motion will be considered and ruled on expeditiously so that a final judgment can be entered and process moved forward,” Thompson said. “We believe Judge Dietz has conducted a very thorough and very fair trial on an issue of extreme importance to all citizens of Texas.”

Engaging in ex parte communication is a serious accusation, and if substantiated then recusal is a suitable remedy. As the facts are in dispute here, it’s too early to say if anything untoward happened. I look forward to the Thompson plaintiffs’ response – I wonder what if anything other plaintiff groups will have to say about this as well – and to Judge Stubblefield’s ruling.

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TM talks to Mike Collier

He’s a really impressive candidate.

Mike Collier

Mike Collier

What I’ve been surprised by in the past two years is how much farther right the state has gotten, even compared to someone like Rick Perry, who has, I think, been conservative by any normal standard. When Combs came back in 2013 reporting an $8.8 billion surplus—to me, that was a red flag that we cut the schools budget $5 billion by accident in 2011, or perhaps not by accident; perhaps in an abundance of caution that should raise some eyebrows.

Here’s my perspective on that. When the Eighty-second Legislature sat in January 2011, she showed up with a Biennial Revenue Estimate that showed a deficit that surprised everybody. It should have been a red flag to everybody: maybe this estimate isn’t right. If you look at the state’s economy, even in the document itself where she transmits the news, page 1 says we’re going to have less in revenues, which leads to the deficit. Page 2 says the good news is that we grew in 2010 and we’re going to grow in 2011 and we’re going to grow in 2012 and we’re going to grow in 2013. Anybody with any finance sense should have said, “There’s something really wrong here.” And my opponent didn’t say, “I think there’s something wrong here.” I’ve gone back and looked at the revenues coming into the treasury at the time. If you did a quarter on quarter analysis—this past quarter versus a year ago—you would have seen that revenues were roaring in. She should have at least stopped and said, “How do we manage our way through this uncertainty?” I think it was politics, and unacceptable.

I tend to agree with that, although within the Lege, I think there were people on both sides who were trying to maneuver their way through it, because they were logistically constrained by what the comptroller had projected, or maybe they were politically constrained. So they wrote a budget knowing they would backfill the budget. But there were also some who genuinely didn’t understand, and maybe some who felt genuinely cautious because it’s better to have a surplus than a shortfall.

You know, Erica, what I think this all boils down to is that if you’re a politician, you struggle with all the political implications of what you do. But if you’re a chief financial officer and you’re not a politician, it suddenly becomes very simple. You think of it the way a real executive would think of it and say, “These are the numbers; these are the uncertainties; these are the possibilities.” You don’t have to go through all of that political stuff. But you have to have a comptroller who’s not a politician to do that. And that’s, I think, what makes this so compelling to Texas voters. When I tell the story, the response I get—this whole notion of what party am I running for—just dissolves when I tell that story.

Go read the whole thing, it’s worth your time. I believe it’s a bit naive, albeit quite normal for an idealistic first-time candidate, to think that you can remove political considerations from inherently political processes. Revenue forecasts rely on assumptions, and assumptions are colored by one’s beliefs. Be that as it may, some forecasters are justifiably more trusted than others, and that’s a function of transparency and fidelity to verifiable facts. I feel quite confident that anyone who listens to Mike Collier will come away feeling good about his ability to make reliable forecasts. The key is whether he can get enough people to hear what he has to say. I actually got a genuine snail mail fundraising pitch from Collier the other day, and I plan to send him a check. If he can raise $5 million or so, who knows? What I do know is that the more voices like Mike Collier there are out there, the better off Democrats as a whole will be this fall.

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Yes, Greg Abbott opposes the HERO

He just doesn’t want to be forced to admit it.

It’s a reporter asking questions we don’t want to answer!!!

When the Houston City Council passed its nondiscrimination ordinance including gay and transgender protections, top Democratic statewide candidates such as Sen. Wendy Davis were quick to celebrate.

“All people should be treated equally in every way,” Davis said. Her gubernatorial campaign pointed out that when San Antonio earlier approved its nondiscrimination ordinance, Davis said she’d like to see one in every Texas city.

But the campaign of Davis’ GOP opponent, Attorney General Greg Abbott, was silent, suggesting a balancing act on the issue as the general election approaches.

Abbott wasn’t shy about opposing San Antonio’s ordinance when it was proposed last year, before he won his primary nod. He said it ran contrary to the Texas Constitution’s ban on religious tests and its one man-one woman definition of marriage, which Abbott has staunchly defended.

He even suggested Texas might sue over the San Antonio ordinance but backed off after seeing the final version, which his spokeswoman said included needed changes.

Other Republicans weren’t as reticent about the Houston ordinance. They didn’t put out press releases, but they responded when I called. The Abbott camp didn’t respond to calls, texts and emails.

Reporter Peggy Fikac quotes spokespeople from the Dan Patrick and Ken Paxton campaigns doing their best Dave Wilson impersonations, while noting that their Democratic opponents Sen. Leticia Van de Putte and Sam Houston are in favor of the equal rights ordinance. Greg Abbott, meanwhile, lacks the courage of his convictions and is hoping to make it through the next five months without anyone asking any embarrassing questions about that. But don’t mistake that lack of courage for a change of heart.

Meanwhile, as Abbott cowers in a secure undisclosed location, the Harris County GOP has gone all in for repeal. We’ll see if they have any more success with this effort than San Antonio’s haters had last year.

(PS – Why is Jared Woodfill still acting as Harris County GOP Chair? When does the new guy take over? I’m just curious.)

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Astrodome preservationists make their case for historic landmark status

Ted Powell and Cynthia Neely, the driving forces behind the push to designate the Astrodome as a national and state landmark, write an op-ed outlining their reasoning.

Not historic but still standing

As the Texans and the Rodeo view a third-party investor as not boosting, but rather siphoning off their revenue streams, we believe they have and will continue to dismiss any third party idea submissions no matter how well financed.

The hastily assembled $217 million bond ballot initiative, which was narrowly defeated during the low turnout election in November, was a face-saving move following the county’s swift dismissal of more than 22 third-party submissions.

It is our belief that public funding (i.e., bond issue), is the only path forward that the Texans and the Rodeo will accept as it is the only way that guarantees that they will not have to share park decision-making and revenue with a third party in the future.

We believe the national and state landmark designations can break the stalemate. Their legal statute permit requirements bring the Texas Historical Commission to the table, who, if invited, will assist with developing a comprehensive plan that optimizes the economic benefit and historical preservation aspects in repurposing the Astrodome. Even if the commission is not invited to the planning table, the agency has veto power over any ill-conceived Astrodome plan.

The landmark designations also offer tax saving opportunities to third-party investors, increasing the pool of potential investors and re-purposing visions.

It is true that a state landmark-designated building can be delisted and a demolition permit can be granted, but this requires the owner to show due diligence as to why no economically viable plan exists.

It is doubtful that the commission would grant a demolition permit based on “existing contractual obligations.”

See here, here, and here for the background. It’s tough to put much detail into a 700-word op-ed aimed at a general audience, but I don’t feel like I learned anything new from this. It’s interesting that they have concluded that public financing is the only non-demolition path forward, since previous statements made by the likes of Commissioner El Franco Lee and County Judge Ed Emmett suggest they think that a private investor is the ticket. I wonder how much Powell and Neely’s perspective was shaped by that stakeholders meeting a few weeks ago. I agree that landmark designation will make it more difficult, politically as well as procedurally, to demolish the Dome. That may force the recognition that an imperfect plan is better than no plan, which may help move something forward, and it has value on its own if you’re passionate about saving the Dome, as Poweel and Neely clearly are. Beyond that, I’m still not sure what this will do.

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Texas will do just fine under the new EPA clean air regulations

Unless it wants to fail, of course, which is always an option under the likes of Rick Perry and Greg Abbott.

Greg Abbott approves of this picture

Texas could lead the way into a less carbon-intensive future under the Obama administration’s plans to sharply reduce greenhouse gas emissions from coal-fired power plants.

Or the state could have trouble keeping the lights on.

The competing views underscore the exquisite complexity of the rules scheduled to be unveiled Monday. The proposed regulation represents the centerpiece of President Barack Obama’s climate agenda – one that could lead to the shuttering of hundreds of coal plants, the nation’s largest source of carbon pollution.

Already Texas officials are lining up against the plan, with 29 members of the state’s congressional delegation – Republicans and Democrats – voicing concern in a letter to the Environmental Protection Agency. They say the rules could drive up electricity bills, threaten reliability and lead to job losses in a state that pumps far more carbon dioxide into the air than any other.

But environmentalists note that Texas already is shifting closer to Obama’s goals. Last year, 63 percent of the state’s electricity came from sources other than coal.

“We will hear a lot of complaining about the rule, but we have a lot of options in Texas that other states do not have,” said Al Armendariz, a former EPA official who now leads the Sierra Club’s anti-coal campaign in Arkansas, Mississippi and Texas.

Oh, there’s plenty of complaining, all right. The hot air generated by Rick Perry and Ted Cruz alone might be enough to offset whatever gains the Obama administration hopes to make via these new regulations. Just remember, when you hear the usual assortments of gasbags start to bloviate about this, we’ve heard it all before, and they’ve been wrong every single time. Consider this, for example:

Let’s flash back to an article from the Van Nuys Valley News, dated Sept. 10, 1970 — when the Clean Air Act was young and eager and taking aim at unchecked, noxious emissions from U.S. cars. “Ford Motor Co. said yesterday in Dearborn, Mich.,” the item begins, “that some of the proposed changes in the Federal Clean Air Act could cut off automobile production in just five years, lead to huge price increases for cars even if production were not stopped, do ‘irreparable damage’ to the American economy — and still lead to only small improvements in the quality of the air.”

Sound familiar? Are you driving a car nearly half a century later? Yes, those controls had a cost — and so too will future efficiency mandates that the Obama administration has put in place — but in the long view, the view that matters, life will go on and be cleaner for it. Not so sure? Consider that between 1970 and 2011, aggregate emissions of common air pollutants dropped by 68 percent, even as U.S. gross domestic product grew by 212 percent and vehicle miles traveled increased by 167 percent. The number of private sector jobs increased by 88 percent during that same period.

So yeah, pay them no attention. And remember as well, they’re vastly out of step with public opinion:

* Among Americans overall, 69 percent say global warming is a serious problem, versus 29 percent who say it isn’t. Among Americans in the states carried by Mitt Romney in 2012, those numbers are 67-31. Among Americans in states carried by Barack Obama, they are 70-28.

*Americans overall say by 70-21 that the federal government should limit the release of greenhouse gases from existing plants to reduce global warming. In 2012 red states, those numbers are 68-24. In 2012 blue states, they are 72-20.

* Americans overall say by 70-22 that the federal government should require states to limit greenhouse gases. In 2012 red states, those numbers are 65-23. In 2012 blue states, they are 73-21. Even in red states, then, support for the feds stomping on states’ rights (on this issue at least) is running high.

* Americans overall say by 63-33 that the government should regulate greenhouses even if it increases their monthly energy bill by $20 per month. In the 2012 red states, those numbers are 60-35. In 2012 blue states, they are 64-32.

On every one of the above questions, in red states, large percentages of independents and moderates favor action. And more broadly, as you can see, those just aren’t meaningful differences between red and blue states on these questions. This applies even in nearly two dozen coal states [emphasis added].

Who wants to bet the Trib will come out with a poll showing the opposite in Texas? I can see it coming from here. Unfair Park and the Rivard Report have more.

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Dan Patrick loves the Latinos

Can you feel the love?

“All that stuff I said before? Let’s pretend it never happened.”

State Sen. Dan Patrick’s victory over incumbent David Dewhurst in the Republican runoff for lieutenant governor on Tuesday night came as no surprise.

And while the conciliatory tone that marked his victory speech — in which he pledged to make inroads with Hispanics — sounded nothing like the fiery immigration rhetoric voters are accustomed to, political observers say it’s an approach Patrick will have to take in a general election battle against Leticia Van de Putte, a Latina state senator from San Antonio.

“Before you can get someone’s vote, you have to respect them enough to go talk with them and explain who you are,” Patrick said Tuesday after election returns showed he had overwhelmingly defeated Dewhurst. “It won’t be overnight, but it’s going to start tomorrow morning.”

Patrick’s race against Van de Putte, who has criticized the Houston senator for calling the influx of undocumented immigrants from Mexico an “illegal invasion,” could serve as a test case for both parties to gauge their outreach and appeal to an increasingly crucial voting bloc.

[…]

While some Hispanic Republicans have said they will cross over to vote for Van de Putte instead of Patrick in the general election, Hector De Leon, chairman of the Associated Republicans of Texas, predicted Patrick will recover from criticism about his remarks because the state is so reliably Republican.

But De Leon, who has referred to Patrick’s “illegal invasion” remark as “thinly veiled racism,” added that Patrick’s success among Hispanic voters will depend on his ability to turn his “good words” on Tuesday “into good deeds” in the next six months.

He also said Patrick’s outreach efforts could be “too little, too late” if Van de Putte is able to raise enough money to build a narrative about him across the state. Since jumping into the race in November, she has not raised the kind of campaign cash her opponent has — though she didn’t have an expensive primary battle like Patrick did. In January, the last time both candidates filed a campaign finance report, Patrick had raised three times as much money as Van de Putte.

Yeah, even Aaron Pena can’t smear enough lipstick on this cabrón to make it presentable. The bit about Sen. Van de Putte needing to raise enough money to get the message out about Patrick is the key. Assuming she can, it’s a simple matter to highlight a few of Patrick’s juicier quotes, then pair them with what he’s now saying, and ask which one is the lie. Patrick has more than revealed his true character. He may as well stick with it.

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Probably the last thing I’ll write about Jim Hogan

At least, I hope it’s the last thing, because there ain’t much to say.

Jim Hogan

Texas Democrats are not holding their breaths for a win for the office held by Republicans since Perry ousted Jim Hightower in 1992.

Democratic consultant Jason Stanford went so far Wednesday as to say [Jim] Hogan’s candidacy [for Ag Commissioner] is “as good as a forfeit.”

“Sid Miller could probably move to Oklahoma and win this race,” Stanford said. “No one would notice.”

The best thing the Democrats can hope for in the race is for Hogan to continue his strategy without publicly embarrassing the party, said Mark Jones, a political scientist at Rice University.

Jones said Hogan’s nomination reflects poorly on party leadership.

“It’s really a sad state of affairs for the Texas Democratic Party when someone is able to be a statewide candidate without actively campaigning at all,” he said.

Yes, it’s embarrassing, but let’s keep some perspective here. Republicans didn’t exactly nominate their best candidates for Ag Commissioner or Attorney General or Railroad Commissioner, either. Let’s also not forget that all the way back in 2010, some dude named David Porter, who campaigned about as much as Jim Hogan did, knocked off two-term incumbent Railroad Commissioner Victor Carillo despite Carillo having huge advantages in campaign finances and name recognition. Hogan’s win is a forehead-slapper, but it’s hardly unprecedented.

The good news is that there’s a fairly simple fix for this. The problem in a nutshell is that when voters are faced with unfamiliar choices, you get random results. We’ve seen this in elections at every level. Your best bet to avoid a random result is for the viable candidates to have the resources to properly introduce themselves to the voters, and by “resources” I of course mean money. Roll the clock back six months or so, have a few big Democratic donors seed the Hugh Fitzsimons campaign with $500K or so for some targeted mail, and I’m willing to bet he makes it to the runoff. For all the crap I’ve given that Trib poll, the one useful thing about it was that it highlighted at the time how unknown all of the Democratic candidates for Senate were. I’m sure that changed dramatically over the next few weeks as David Alameel was plastering his image over the entire Internet. You wouldn’t have needed Fitzsimons to win outright, you just need to ensure he makes it to the runoff. He needed 70,000 votes to pass Kinky, 75,000 to pass Hogan. Surely that was within reach for that kind of money. I’ve said before that if we want to be able to recruit quality candidates for these downballot races in 2018 and however many elections after that until the bench is deep enough to take care of this by itself, we need to be able to reassure them that they’ll have the resources they’ll need to fend off whatever quacks and wannabes file for the same race. Someone in a better position than me to make this happen needs to start thinking about this ASAP.

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City strikes two deals with CenterPoint

One on street lights, and one on bike trails. Both are great news.

All 165,000 of Houston’s streetlights will be converted to more efficient LEDs over the next five years, halving electricity use and cutting air pollution in what Mayor Annise Parker said will be one of the nation’s largest such initiatives.

Also on Friday, the city said it had struck a deal to open up land under power lines for the construction of hike and bike trails, the result of years of negotiations in Austin to enact necessary legislation and months of local discussions. Both the trails and streetlights announcements involved agreements with CenterPoint Energy.

The switch from yellowish high-pressure sodium, mercury vapor and metal halide streetlights to bluish light-emitting diodes, or LEDs, may require no added city investment. Officials with the city and CenterPoint, which owns the streetlights, project that a long-term drop in maintenance costs will offset the up-front cost of installation.

LED lights draw less power and last longer than traditional bulbs.

Parker said the move would help the city reach its goal of lowering greenhouse gas emissions produced by municipal operations by 10 percent by 2016. Once finished, the mayor said, the switch will save the city a projected $28 million in electricity costs over 10 years.

“In addition to being good for the planet, if we can cut energy consumption it’s also really good for the city’s bottom line,” Parker said.

[…]

Regarding the trails agreement, CenterPoint says there are 923 miles of right of way in Harris County, including 410 in the city of Houston. Those involved in the effort have estimated about 140 miles of right of way sit under large transmission lines, which make the most sense for trails.

In making the announcement, CenterPoint also presented a $1.5 million check for trail construction.

Houston voters in 2012 approved $100 million in bonds to be combined with private and grant funds for the $205 million Bayou Greenway Initiative to expand the city’s trail system along bayous.

The bayous largely run west to east, Parker said, requiring more north-south connections – and, conveniently, many transmissions corridors run north-south.

“We also have a lot of miles of bayou trails to install,” the mayor said, “but this allows us to make a more complete system.”

See here, here, here, and here for the background on the bike trails stuff, and here for the Mayor’s press release. It’s a beautiful thing being able to save millions of dollars without having to cut anything, isn’t it? The right-of-way trails have the potential to be transformative for the city’s – and the county’s – bike infrastructure. Like I said, great news all around.

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Reminder: Drowning doesn’t look like drowning

I’ve posted this twice before, and with summertime officially upon us, it seemed like the right time to post it again.

The new captain jumped from the deck, fully dressed, and sprinted through the water. A former lifeguard, he kept his eyes on his victim as he headed straight for the couple swimming between their anchored sportfisher and the beach. “I think he thinks you’re drowning,” the husband said to his wife. They had been splashing each other and she had screamed but now they were just standing, neck-deep on the sand bar. “We’re fine; what is he doing?” she asked, a little annoyed. “We’re fine!” the husband yelled, waving him off, but his captain kept swimming hard. ”Move!” he barked as he sprinted between the stunned owners. Directly behind them, not 10 feet away, their 9-year-old daughter was drowning. Safely above the surface in the arms of the captain, she burst into tears, “Daddy!”

How did this captain know—from 50 feet away—what the father couldn’t recognize from just 10? Drowning is not the violent, splashing call for help that most people expect. The captain was trained to recognize drowning by experts and years of experience. The father, on the other hand, had learned what drowning looks like by watching television. If you spend time on or near the water (hint: that’s all of us) then you should make sure that you and your crew know what to look for whenever people enter the water. Until she cried a tearful, “Daddy,” she hadn’t made a sound. As a former Coast Guard rescue swimmer, I wasn’t surprised at all by this story. Drowning is almost always a deceptively quiet event. The waving, splashing, and yelling that dramatic conditioning (television) prepares us to look for is rarely seen in real life.

Go read the whole thing, which was reprinted at Slate as well. There’s video here and a Today Show clip worth watching here. I read this story every time I see it, and as a parent of two water-loving children it scares the crap out of me every time. Stay safe, y’all.

Posted in Society and cultcha | Tagged , , | 1 Comment

Weekend link dump for June 1

Neil Gaiman visits a refugee camp in Jordan. You should read about it.

On a completely not-coincidental note, there’s over $100 million lying idle in the campaign accounts of former members of Congress. You could feed a lot of refugees with that kind of money. I’m just saying.

“Let’s be real though, I have no idea if we’re doing the right thing. My younger boys are teenagers living at home, and the oldest is just about to blow this joint, so the jury’s still out. But I do hope that by regarding our children’s individuality and by allowing and engaging with them in the right-of-passage wrestling of souls, we are managing our family in a manner worthy of respect.”

RIP, Bunny Yeager, pinup model and best-known photographer of Bettie Page.

“It’s interesting that many evangelical groups are quick to break ties with anyone who does not believe that being gay is a sin, yet are cautious and claim that it’s not their right to “adjudicate” when it comes to sexual abuse of children.”

What TBogg says.

“The war against euphemism and cliché matters not because we can guarantee that eliminating them will help us speak nothing but the truth but, rather, because eliminating them from our language is an act of courage that helps us get just a little closer to the truth. Clear speech takes courage.”

The most horrifying wedding cake ever.

“Dating advice of the sort you find in Cosmo magazine and other women’s media usually starts from the premise that the advice-seeker has flaws that need to be fixed in order to make her more attractive. But pick-up artistry argues that men who can’t get laid are fine the way they are, and it’s women—the entire lot of them—who are broken. And that by accepting that women are the ones to blame here, the student of PUA can finally start getting the sex he feels entitled to.”

The kids are all right. And they very likely will continue to be.

“Bob Newhart is the rare straight man who gets laughs all on his own.”

“Cops carry around holstered guns all the time. Accidents happen; but it’s pretty rare to have something like this happen. It seems increasingly common, though, in the new open carry era where your average doofus decides it’s a hot idea to bring his loaded weapon to the local Walmart. So just what is the law and balance on negligence, aggravated derp and criminal responsibility?”

RIP, Seth Popper, Director of Labor Relations for The Broadway League and a high school classmate of mine. We weren’t friends but we had friends in common and took at least a couple of gym classes together. Condolences to family and friends.

“Earthing” is a load of crap.

Who needs Shark Week when you can have Sharknado Week?

“In any event, the legal tussle over the ONE TRUE HUMMUS rages on.”

The Reading Rainbow is coming back.

Turns out all those apocalyptic predictions about the imposition of clean air standards on power plants were a bunch of overblown hooey.

In fact, even the Chamber of Commerce’s own numbers show that we can achieve a lot of climate protection for a fairly low cost.

RIP, Maya Angelou, national treasure.

“There’s no evidence that countries that provide free or low-cost healthcare to their citizens, even those who provided it to all their citizens, end up spending more. Quite the contrary.”

Sixteen questions Edward Snowden wasn’t asked.

“It doesn’t look like Obama is doing much to move the country in a more liberal direction, but in his slow, methodical, pragmatic way, he’s doing just that. A lot of people might not know it, but they’re attracted by his no-drama approach to incremental social change. It frustrates those of us who want to see things change faster, but in the end, it might turn out to be pretty effective.”

When poorly conceived social media campaigns go horribly – and hilariously – wrong.

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Wilson’s petitions

Here, courteously sent to me by reader and regular commenter Mainstream, is a copy of Dave Wilson’s petition for a charter amendment to “prohibit men (who perceive or express themselves as women) from using the women’s restroom. The petition itself is in addition to a scare-mongering letter from Wilson, sent from his current “residence” on 34th Street, and an offensive and misleading drawing. The latter was included in an earlier petition effort from last October for the same thing. Either I completely forgot about that one or I never heard of it in the first place. Hopefully that’s a harbinger for this one. In any event, the petition itself reads as follows:

Except as required by State or Federal law, the City of Houston shall only define “Gender Identity” as an individual’s innate identification, as either male or female, which is assigned at birth. Perceived gender Identification is not allowed in defining “Gender identity”. Furthermore, the City of Houston shall require entities doing business with the city to adopt the same definition of “Gender identity”.

If any portion of this proposed Charter amendment is declared unlawful, then such portion shall be removed and the remainder of the Charter amendment will remain in effect. Any ordinance or executive order in conflict with this section of the Charter is hereby repealed and declared invalid.

You know I’m not an attorney, but I have a hard time seeing how this drivel could survive a legal challenge, if it were somehow to be adopted. It’s so vaguely worded yet specifically targeted I don’t know how it could possibly be enforced. Any attorneys out there that want to weigh in on this, by all means please do. Note that this is also not a petition to repeal the ordinance, for which there is a 30 day window, or to recall Mayor Parker or any member of Council. I’m not sure what to make of that. If you receive this or any other petition for one or more of these purposes, from Dave Wilson or any other group, please let me know, either via comment or an email to kuff – at – offthekuff – dot – com. If you get a different petition than this one, I will be eternally grateful if you can scan it and send it in email to me. Thanks very much.

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Supreme Court denies Burnam mandamus request

Rep. Lon Burnam

Late Friday I got an email from the Ramon Romero campaign touting the news that the State Supreme Court had denied a write of mandamus to Rep. Lon Burnam in his electoral challenge lawsuit. You can see the Supreme Court’s order here – scroll down to case 14-0372, the third one listed under “Miscellaneous”. See here, here, and here for the background – basically, he’s alleging that the Romero campaign’s use of iPads to process absentee ballot requests violates Texas electoral law, which only references fax machines. Burnam had asked that county election officials release all the applications turned in for mail-in ballots in this race to investigate potential illegalities such as an “illegal computerized-signature vote-by-mail operation”, with the goal being to have any absentee ballot requested via a Romero iPad thrown out. He was denied by the trial court judge on the grounds that he was fishing for information, then by the 2nd Court of Appeals, and now by the Supreme Court. State District Judge Robert McFarling had agreed to delay the trial until after the appeals court had ruled, and now Burnam has come to a dead end. Accordint to this Star-Telegram story that reported the Supreme Court ruling and recapped the story so far, Rep.-elect Romero has filed a motion to dismiss the lawsuit, which will be heard on June 16. If Burnam survives that, I presume a trial date will be next, unless he decides to drop the matter. It’s hard to see how Burnam can prove his case at this point, but I suppose one tends to keep hope alive for as long as one can. Anyway, the next update will be on or around June 16, unless Burnam gives up before then.

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Another slap on the wrist for a prosecutor behaving badly

Weak. Very weak.

The Texas Bar Association has issued a public reprimand to state district Judge Kaycee Jones for her role in clandestine texting during a criminal trial while she was a prosecutor and before her election to the bench last year.

Jones, who oversees the 411th court in Polk, Trinity and San Jacinto counties, signed the agreed judgement citing her for “professional misconduct” just before she came in front of the bar’s grievance panel for a hearing this month.

Jones, 39, was an assistant Polk County prosecutor for 11 years before becoming a judge in 2013. She could not be reached for comment.

However, in a letter to the bar’s disciplinary counsel several months ago, Jones confessed to being an accomplice in a texting incident that she stated she knew was wrong, writing: “I deeply regret that I acted in this manner.”

The agreed judgment documented how Jones had received text messages from state district Judge Elizabeth Coker, while she was seated on the bench during a trial in a child injury case.

Jones, then an assistant prosecutor and observer during the trial, wrote down the message that suggested a line of questioning to bolster the prosecution’s case and relayed it to the lead prosecutor.

[…]

However, several whistle blowers in the investigation, including attorneys Cecil Berg and Richard Burroughs, said the state bar was far too lenient on Jones.

“I’m totally stunned and in disbelief,” said Burroughs of Cleveland. “I served on the state bar’s grievance committee for eight years and would have expected Jones to be suspended or disbarred when she has confessed to violating someone’s civil rights.”

He said Jones has since refused to recuse herself from overseeing his cases that come into her court and feels she is retaliating against him.

He and Berg wanted the state bar to expand its investigation to include multiple other “ex parte” texts between Jones and Coker involving other defendants which were given to the state judicial commission for review.

“We want to find a way to have the bar association look at them still,” Burroughs said.

See here and here for the background. I suppose the State Commission on Judicial Conduct can weigh in as well, since Jones is now a judge, but since all they did with her partner in crime Coker was make her resign, I don’t expect much. I still think a suspension of one year is the bare acceptable minimum punishment for what these two unethical idiots did, and disbarment would not have been too harsh. Why bother to behave if there are no consequences for breaking the rules? Grits has more.

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Saturday video break: Brain Damage

An iconic song from an iconic album:

Two iconic songs, really, since “Brain Damage” leads inexorably to “Eclipse”; I’d say 90% of the time the former is played on the radio, the latter comes along as well. By the way, the notes on the video says this is an “Early 1972 mix”, so if it sounds a little different to you, that’s why.

An iconic song needs an iconic cover:

That was the first Austin Lounge Lizards song I ever heard; it was immediately followed by “Jesus Loves Me But He Can’t Stand You”. Needless to say, I had to learn more about them, and I’ve been a fan ever since.

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Sriracha dispute settled

The City of Irwindale’s long national nightmare is finally over.

Sriracha’s spicy relationship with the City Council cooled off a bit Wednesday after officials unanimously dismissed a lawsuit and public nuisance declaration against manufacturer Huy Fong Foods.

The standoff between the city and Sriracha creator David Tran began in October when the city filed a lawsuit against his iconic company. The battle sparked fears among Sriracha fans there would be a global shortage of the popular condiment and its bottle with the tell-tale green cap.

An informal meeting Tuesday between Tran and city officials, accompanied by a written statement from Tran, provided the council the assurance it needed that Huy Fong will address residents’ odor complaints.

“We forged a relationship. Let’s keep that going,” City Councilman Julian Miranda said Wednesday.

[…]

Before the vote to dismiss the public nuisance order, Irwindale Chamber of Commerce President Marlene Carney gave a presentation to the council announcing the chamber will launch a marketing campaign “to talk about the positives of doing business” in Irwindale.

Tran on Tuesday credited representatives from Gov. Jerry Brown’s Office of Business and Economic Development for bringing the city officials to his factory.

Residents complained last fall the fumes seeping from the factory during the chile grinding season burned their eyes and throats and forced them to stay indoors.

The company recently installed stronger filters on its rooftop air filtration system, which Tran said he tested with pepper spray.

It is unknown if the new filters will be adequate until the company begins to process chiles, which is expected to begin in August.

“At the commencement of this year’s chile harvest season, if the air filtration system does not perform well, then Huy Fong Foods will make the necessary changes in order to better the system right away,” Tran wrote in a letter to the council.

With the settlement of this dispute, there’s now no impetus for Huy Fong to consider relocation, so this should bring the entire sriracha saga to a close. There may yet be expansion possibilities, but the prospect of moving the manufacturing facility, which never really progressed the “vague threat” status, is no longer operable. We can all now resume our normal lives.

I will say, it’s a bit mind-boggling that Huy Fong and the city of Irwindale could have had such a breakdown in communication. You would think this was the sort of routine disagreement that could have been resolved with some ordinary conversations and negotiations, instead of turning into international news. David Tran says in this LA Times story that he “fears that he’s lost market share because he has been forced to reveal so much about his production process”. Maybe, but I think he’s also discovered just how strong his brand is, and by all indications his business is continuing to grow. I’m pretty sure this will all be a net positive for Huy Fong in the end, if it isn’t already.

Finally, regarding that expansion possibility, a Google News search for “Jason Villalba”, the State Rep that has spearheaded the wooing of Huy Fong shows nothing new since his much-ballyhooed visit earlier this month. If there really is something to this possibility, I figure it’ll get mentioned as part of whatever ceremonial recognition of the peace accord with Irwindale takes place. If nothing like that happens, I figure it’s at best a long-term, not-yet-on-the-road-map idea. We’ll see.

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Game room enforcement back on in Harris County

Better choose your eight liner provider carefully.

After clearing a few legal hurdles, Harris County’s new game room regulations – on which the city of Houston is piggybacking – are set to take effect Friday.

Late Tuesday after a hearing, a federal judge denied a request from a game room owner and operator for a temporary restraining order that would have blocked the new rules from being implemented. The accompanying lawsuit against Harris County – the second filed since Commissioners Court approved the regulations in December – still is active, with another hearing set for next month.

Under the regulations, game rooms with six or more video poker or “eight liner” machines will be required to obtain permits, pay a $1,000 annual fee, shut down between 10 p.m. and 8 a.m., and leave windows unobstructed. The shops also will be required to identify themselves with signs reading “Game Room” and would be barred from requiring a membership for entry, a practice officials say keeps police out.

The new rules were originally set to take effect in March, but the Harris County Sheriff’s Office decided to delay implementation until May 30 to allow more time for game rooms to comply.

See here, here, here, and here for the background. According to Hair Balls, a motion for preliminary injunction is set for June 23, but enforcement is now happening. So be careful where you gamble, you never know when the heat may be on.

Posted in Local politics | Tagged , , , , , , | 4 Comments

Somebody doesn’t like something about the Astros

I’m still not sure what we’re supposed to conclude from this long but mostly unsourced screed about how the Astros are running their team.

The Astros have become one of baseball’s most progressive franchises as they try to rebuild and avoid a fourth consecutive 100-loss season.

But general manager Jeff Luhnow’s radical approach to on-field changes and business decisions has created at least pockets of internal discontent and a potential reputation problem throughout baseball.

“They are definitely the outcast of major league baseball right now, and it’s kind of frustrating for everyone else to have to watch it,” said former Astros pitcher Bud Norris, now with Baltimore. “When you talk to agents, when you talk to other players and you talk amongst the league, yeah, there’s going to be some opinions about it, and they’re not always pretty.”

The criticism, through interviews with more than 20 players, coaches, agents and others, comes in two parts:

On the field, the Astros shift their defenders into unusual positions to counteract hitter tendencies more than any other team, including in the minor leagues. They schedule minor league starting pitchers on altered and fluctuating rotation schedules, what they call a “modified tandem” system, a development strategy unique in baseball.

Off the field, the Astros are said to handle contract negotiations and the timing of player promotions with a dehumanizing, analytics-based approach detected by some across their operation.

The central question is how much criticism should be inherent to their process and how much should signal trouble in a game where word of mouth spreads quickly?

“Ninety-five percent of what we do is very similar to what all of baseball does,” Luhnow said. “We’re being a little bit different for very good reasons in some areas that we think are important.

“It doesn’t affect our ability to make people happy at the big league level. It just doesn’t. It affects their ability to perform better and be more prepared. That’s at least our hypothesis, and what we believe. And to tie that together with (how we handle) contracts is ridiculous.”

As far as the shifting goes, we all know that the basic idea for this dates from the 1940s, right? Lots of teams are employing it heavily these days, due to a combination of much better data about where each individual batter tends to hit the baseball plus a crop of managers and GMs that are willing to do what the plain facts say they ought to do. As the widespread deployment of this tactic is still new there are sure to be adjustments and countermeasures taken along the way, but for now whatever griping there is about it – the story basically had none – is the usual reactionary BS that tends to dominate baseball conversations. This is why we can’t have a better Hall of Fame balloting process.

As far as the “tandem rotation” system in the minors goes, that’s another stathead pet rock that goes back at least 30 years. The basic idea behind it is to develop young arms while minimizing the risk of injury. For all the advances we’ve made in tracking and measuring what happens on the field, we still have no idea what causes some pitchers to thrive and others to blow out their arms. A team that can crack that enigma, or just show some tangible advantage over doing what everyone has always done, will reap a huge benefit. I have no idea if this particular idea will work, but it can’t hurt to try, and the minors is the place to do it since player development and not a team’s won-loss record is the primary goal.

It almost feels silly to even discuss these things because despite being prominently mentioned early in the story, the rest of it has nothing to do with them. I guess those things are proxies for the real gripe, about how the Astros evaluate players and handle contracts.

When players are first promoted to the majors, they need not be paid more than the standard minimum salary of $500,000. Once in the majors, a player’s service-time clock begins, which eventually will determine when he is eligible for salary arbitration (three years, or two-plus in some special cases) and free agency (six years) – both vehicles for bigger paydays.

The Astros have benefited from making contract offers to young players at low rates and holding back players in the minors for service-time reasons.

Last year, Jose Altuve, signed a guaranteed four-year, $12.5 million deal (the Astros can extend it to six years) that made him even more valuable than his statistics alone – players who are productive and inexpensive are the game’s most valuable commodity.

Top prospect George Springer, who was promoted to the Astros after the season started, will not be eligible for free agency until he is 30 after the team delayed his move to the majors. The Astros said service time wasn’t a factor in the move that could potentially save them millions.

The Astros saved themselves money. But the question is whether the team handles these matters in a way that fosters confidence, and how much they should care about that perception in a business worth half a billion dollars based on a core product of 25 players.

“Players are people, but the Astros view them purely as property that can be evaluated through a computer program or a rigid set of criteria,” one player agent said, echoing the comments of others. “They plug players into it to see what makes sense from a development or contractual perspective, and it does not engender a lot of goodwill in the player or agent community.

“They wield service time like a sword (in contract extension negotiations) and basically tell a player, ‘This is what you are worth to us, take it or leave it.’ ”

Extension offers for players who have little or no major league experience have grown in popularity in recent years as teams try to get them at a bargain price, and the Astros have made several such offers.

The premise is not what some agents said bothers them, but how the Astros approach dealings and appear to handle clients.

Springer had an offer last year that reportedly was worth about $7 million guaranteed with the potential to earn more. The Astros also have made third baseman Matt Dominguez an offer worth $14.5 million for five years, plus two options, and outfielder Robbie Grossman received at least one similar offer – $13.5 million for six years plus two options, a person familiar with the offers said.

None of the players accepted. Luhnow has a policy of commenting on contracts only if a deal is finalized.

None of this is unusual. Every team does it to some extent. Offering multi-year extensions to young players that might sign for huge amounts elsewhere once they become free agents is standard practice now, to the point that teams like the Yankees that have traditionally done business by signing such players have had to make adjustments because the free agent talent pool ain’t what it used to be. Generally speaking, teams make this kind of offer to their rising stars with a year or two left in their team-control years – it doesn’t make sense to do it much earlier than that. If the Astros are insulting or alienating the kind of players they’d like to retain at a competitive salary, they’ll find those players will choose instead to play out the string and sign with another team. It’s just too early to say whether they’re headed down that path or not.

What was really amazing about this story was just how few people were quoted in it. One unnamed Astro, one unnamed agent, and two former players – Jed Lowrie and Bud Norris. Lots of potential axes to grind in there, but no objective outsider/analyst perspective, other than one positive statement about the effect of the shift defense. I have no idea what we’re supposed to make of this. Sure, it’s easy to point at the on-field performance, but we all know they started from a point of having zero talent. They’re finally developing that talent now, and it would be nice if they could keep the players they grow. It’s fine to point out that their managerial style – talking contract negotiations here, not player positioning or pitcher rotations – might be a hindrance to that. There was so much smoke in this piece it’s hard for me to say if that’s a legitimate concern or a bunch of mindless nattering by the handful of malcontents that every organization has. If it’s the former, there will be plenty of visible evidence for it soon enough. I’m not going to worry about it until then. Chron columnist Randy Harvey, who sees things more or less as I do, and PDiddie, who sees it differently, have more.

Posted in Baseball | Tagged , , , | 3 Comments

Friday random ten: B sides

Continuing the Name Of The Artist Game with the letter B:

1. Telephone Song – B.B. King
2. Dance This Mess Around – The B-52’s
3. Venus – Bananarama
4. Walk Like An Egyptian – The Bangles
5. Alternative Girlfriend – Barenaked Ladies
6. Daniel – Bat For Lashes
7. Human Thing – The Be Good Tanyas
8. Be True To Your School – Beach Boys
9. Help Me Make It Through The Night – Big Daddy
10. Billie’s Blues – Billie Holliday

And as with the letter A, I managed to create this list without resorting to the two artists for whom I have the most songs, in this case Billy Joel and Bruce Springsteen. Variety! Of course, the fact that I had ten artists before I reached either of them alphabetically helped some, too.

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Post HERO, watch for the petition drives

Here’s the full Chron story about the passage of the Houston Equal Rights Ordinance. I’m going to skip ahead in the story and focus on what the haters are saying and planning to do.

Opponent Dave Welch, of the Houston Area Pastors Council, said his group will begin gathering signatures against the ordinance to trigger a referendum seeking its repeal this November. The group would need to gather roughly 17,000 signatures – or 10 percent of turnout in last fall’s mayoral race – in the next 30 days.

“Once we correct this grievous act through the ballot this fall,” Welch said in a statement, “we will then remind those members that patronizing a tiny interest group and outgoing mayor instead of serving the people leads to a short political career.”

[…]

Houston voters twice have rejected protections or benefits for gays, in 1985 and in 2001.

The most recent vote was spearheaded by Houston Community College trustee and longtime anti-gay advocate Dave Wilson, who said he plans to gather signatures to seek a recall election against “three or four” council members who voted yes.

Only the number of signatures equivalent to one-quarter of the votes cast for mayor in a given council district are required, which Wilson said makes some districts with poor turnout particularly ripe targets.

The signatures must be gathered within a 30-day period and a recall petition must list grounds related to “incompetence, misconduct, malfeasance or unfitness for office.” The target of such a petition could then object, triggering a vote of the City Council on whether the grounds are sufficient. City Attorney David Feldman said the city’s 100-year-old recall process has never been used, and added a single ordinance vote would not be valid grounds.

“Some people say it’s intimidation, et cetera, but I look at it as accountability,” Wilson said, adding he views Feldman as a biased source. “People are elected to represent their district. They’re not up there to propagate their own personal views.”

Wilson said he also is gathering the signatures needed to seek a charter amendment banning a biological man from using a women’s restroom. The ordinance passed Wednesday offers such a protection for transgender residents citywide, as does an executive order Parker signed in 2010 applying to city facilities.

The earliest a charter vote could appear would be May 2015, but Feldman said such an effort may be too relevant to the ordinance passed Wednesday, meaning the signatures gathered would need to fall within the 30-day window.

A petition to repeal the ordinance would require fewer than half the signatures needed to mount a recall effort against Mayor Parker. That’s a more attainable target, but we’ll see how it goes. As I said before, I don’t fear any of this. It’ll be a fight, but we have the numbers, we have the will, and we have the pleasure of being in the right.

It seems clear that anything other than a straight repeal effort within the 30 day time frame will generate a court fight. I rally don’t know how much weight to put on the wording of the petition versus the lack of any mention of grounds for recall elsewhere in the charter. I’d hate to have it come down to a judge’s ruling on that.

By the way, you know who’s an unsung hero in all this? Ben Hall, that’s who. Thanks to Ben Hall, Mayor Parker took the 2013 election a bit more seriously than the 2011 election, and drove up turnout to near-2009 levels as a result. If turnout in 2013 had been the same as in 2011, the haters would only need about 27,000 signatures to get the recall process started instead of the 42,500 they need now, and they’d need fewer than 11,000 sigs to force the repeal referendum instead of 17,000. So thanks, Ben Hall! You did something good with your campaign! Hair Balls, Juanita, BOR, Texas Leftist, Free Press Houston, and TransGriot have more.

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Where are all the ladies?

Christy Hoppe of the DMN notices something missing on the Republican side of the 2014 ballot.

Rep. Kay Granger

The Texas Republican Party has a girl problem.

A glance down the list of GOP nominees set after Tuesday’s runoffs makes it look as if U.S. Rep. Kay Granger of Fort Worth has signed up for shop class.

She is the lone woman among the 50 congressional, statewide and top judicial Republican candidates.

In a year when the marquee races for governor and lieutenant governor will feature Democrats Wendy Davis and Leticia Van de Putte, the Grand Old Party looks like it’s going stag.

Candidate Lisa Fritsch warned during the primaries of “the party of all these men and the same old recycled candidates.”

And Fritsch is a staunch conservative who was challenging Greg Abbott for the nomination for governor.

State party chairman Steve Munisteri said he’s noticed.

“I would tell you I’ve had discussions with elected officials and party leaders about this very issue,” he said Tuesday. “Frankly, it is a concern.”

He said he is placing women in high-profile jobs and hoping to recruit more women to run for office.

The story has gone national, but it should be noted that Rep. Granger isn’t quite as lonely as Hoppe says. There is one more Republican lady among the statewide and Congressional candidates – there is also Susan Narvaiz, who is running for CD35 against Rep. Lloyd Doggett. And it’s not like there were a bunch of viable female candidates that filed but couldn’t make it through the primaries. The only serious contender for a statewide office on the R side was Debra Medina, who finished third for Comptroller with 19% of the vote despite that crappy Trib poll that I’m still not tired of mocking that showed her leading, and the only serious contender for a Congressional seat was Katrina Pierson, who was defeated easily by Rep. Pete Sessions despite having Ted Cruz as her overlord. The lack of Republican ladies on the ballot was a problem that one could see coming from a good ways away.

To be fair, there’s not an overabundance of ladies on the Democratic side, but there are three women running statewide. Two of them you’ve probably heard of, plus Justice Gina Benavides of the 13th Court of Appeals, who is running for Supreme Court. There are also two Congressional incumbents – Reps. Sheila Jackson Lee and Eddie Berniece Johnson – plus two more Congressional candidates, Shirley McKellar and Tawana Cadien. That’s two Democratic incumbents to one Republican incumbent even though Republican incumbents overall outnumber Dems in this group by more than three to one, and seven Democratic candidates to two for the GOP. I’d have liked for there to be more female candidates on our ballot – I did vote for Maxey Scherr in the Senate primary, after all – but given the historic nature of the Wendy Davis and Leticia Van de Putte candidacies – the first time ever that a party has nominated women for both of the top two slots – it’s still something we Ds can be proud of. Better luck next time, Republicans.

Posted in Election 2014 | Tagged , , , , , , , , , , , , , , , , | 2 Comments

We’ve got some budget challenges coming

Some chickens are coming home to roost.

BagOfMoney

Beginning next summer with fiscal year 2016, Houston will face a projected $142 million gap between expected revenues and expenses in its general fund, which is fed chiefly by property and sales taxes and funds most basic city services. That exceeds the $137 million budget gap Houston had to close during the economic recession, when Mayor Annise Parker laid off 776 workers in making numerous cuts in 2011.

And the projected gap will widen in the years to follow. By fiscal year 2018, the budget deficit is expected to top out at a projected $205 million.

The calculations resulting in those projected deficits assume no raises for city workers or added investments in vehicles and technology that cannot be put off forever, said Councilman Stephen Costello, meaning the actual deficits could be higher.

“There’s still not enough attention directed toward the next four years, which is really the problem that we have,” said Costello, who chairs the council’s budget committee. “We need to start looking long-term.”

[…]

About 51 percent of the increase in the proposed budget is driven by employee contracts, 18 percent represents dollars transferred to specific funds and not available for spending, and another 17 percent is an increase in debt service, Dowe said.

The revenue cap cannot alone be blamed for the looming crisis. The cap will allow revenues to rise, after all, but they will rise at the combined rates of inflation and population increase, not at the breakneck pace of property appraisals many homeowners have seen this year.

Driving the problem are soaring pension payments and a spike over the next four years in the cost of servicing debt.

The single largest expense increasing in the proposed 2015 general fund budget is a 21 percent hike paid into the city’s three pension funds, to $261 million. That’s more than what is spent on libraries, parks, trash pickup and municipal courts combined.

And pension payments are only projected to increase. Next year, Dowe said, the city expects to cough up $50 million on top of its scheduled payment to the police pension thanks to a contractual trigger that requires the account to maintain a funding level of at least 80 percent.

In refinancing debt, Dowe added, past mayors put off principal payments for future leaders to pay, creating a debt bubble that now is coming due. General obligation debt payments will jump from $297 million this fiscal year to $355 million by fiscal 2018, before falling.

The good news is that the debt service cost is a four-year speed bump, so it’s at least a temporary situation. The pension issues are ongoing, and no matter how many columns Bill King writes about it, I don’t see it getting resolved in a way that satisfies, or at least doesn’t completely alienate, everyone involved any time soon. While ridding ourselves of that stupid revenue cap may not be a whole solution to this, it would still at least minimize the problem. To me, priority one is working to repeal the revenue cap, and priority two is coming to grips with the fact that no matter how much we gripe about pensions, the fact remains that public safety is by far the largest budget item. If we want to, as CM Bradford put it, define what our core services are, then we need to do that exercise for all of the budget. If 65% of the budget is off limits for considerations about efficiencies and savings, then we’re kidding ourselves. If any member of City Council is unwilling to do that, I will thank them to spare me the usual talk about “making tough decisions”.

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