The turnout issue in 2014

Two recent articles of interest, both about the nature of the electorate in non-Presidential years. First, via Ed Kilgore, who has been beating the drum about the volatility of the Democratic base, comes this NYT story about what the Democratic Senatorial Campaign Committee (DSCC) hopes to do about it as it has to defend numerous seats in tough territory.

The Democrats’ plan to hold onto their narrow Senate majority goes by the name “Bannock Street project.” It runs through 10 states, includes a $60 million investment, and requires more than 4,000 paid staffers. And the effort will need all of that — and perhaps more — to achieve its goal, which is nothing short of changing the character of the electorate in a midterm cycle.

The Democratic Senatorial Campaign Committee is preparing its largest and most data-driven ground game yet, relying on an aggressive combination of voter registration, get out the vote, and persuasion efforts.

They hope to make the 2014 midterm election more closely resemble a presidential election year, when more traditional Democratic constituencies — single women, minorities and young voters — turn out to vote in higher numbers, said Guy Cecil, the committee’s executive director.

[…]

Both voter registration and mobilization efforts are at the center of the Democrats’ new strategy. In Georgia, for example, the committee estimates that there are 572,000 unregistered African-American voters, and that there are more than 600,000 likely supporters of Michelle Nunn, the Democratic Senate candidate there, who voted in 2012 but not in 2010. The goal, then, is to register the African-American voters, and to target the likely Nunn voters to show up to the polls during a midterm election.

But black voters who did not register to vote in 2008 or 2012, amid all of the excitement surrounding the nation’s first black president, could pose a challenge to register in 2014.

The Bannock Street project is specifically focused on ten states — Alaska, Arkansas, Georgia, Iowa, Kentucky, Louisiana, North Carolina, Michigan, Montana, and West Virginia — with plans for senior field operatives and other staff members to be in place by the end of the month.

No, Texas isn’t on their list. This isn’t a surprise, for multiple reasons. One, the Texas Senate race is on no one’s list of races to watch, though that will likely change in the improbable event that Steve Stockman manages to oust incumbent Sen. John Cornyn in the primary. Two, we don’t know who the Democratic nominee is. I’d say David Alameel is the most likely to draw interest from the DSCC if Cornyn gets past Stockman, as he can provide plenty of seed money for his race, but I wouldn’t expect much more than an email or two sent on his behalf by the DSCC. They just have too many other, larger fish to fry.

In addition to all that, there’s already a Democratic-focused and well-financed statewide turnout operation going on, that being of course Battleground Texas. It remains to be seen what effect they can have in Texas, especially in a year they originally weren’t expecting to be competitive statewide. One thing for sure is that there’s plenty of slack in the system for them to work with. Too many Presidential year Democrats don’t come out at other times, and too many potential Democrats don’t come out at all. The Trib takes a closer look at that.

Battleground Texas, started by former Obama operatives who want to turn the state away from its Republican devotions, is trying to register new voters, identify Democrats and turn them out for this year’s elections. They started a year ago and said it would take four to six years to turn Texas their way.

A couple of promising candidates showed up early, putting faces on the effort. The candidacies of Wendy Davis, who is running for governor, and Leticia Van de Putte, who is running for lieutenant governor, bring some focus to the organizing efforts. After all, it is easier to raise a crowd for a candidate or a cause than for the general promotion of civic health. It helps to be about something or somebody.

Up front, the math favors the Republicans. They have been winning statewide elections for 20 years, and it has become sort of a habit. Folk music has had a bigger comeback than Texas Democrats.

The Democratic administration remains remarkably unpopular in Texas, and conservative candidates from the bottom of the ballot to the top are running against either the president, his signature health care program or both. Even if Texas suddenly had equal numbers of voting Republicans and voting Democrats, those Democrats would have the political winds in their face this year.

That last paragraph is a fundamental misunderstanding of the race this year, one that I think is far too prevalent. The first priority of Battleground Texas is to get partisan Democrats who don’t generally vote in non-Presidential years out to the polls this year. That was the secret to the Republican wave of 2010. Having a bunch of increasingly right-wing Republican candidates out there bashing President Obama and saying all kinds of crazy and offensive things about immigration, marriage equality, abortion, Medicaid, and so forth isn’t a headwind for that effort. It’s a motivating factor. If people are angry about these things, that’s awesome. It’s much easier to channel already existing emotions into action than it is to try to get someone to feel something in the first place.

Now I agree that in a straight up turnout battle, Republicans have a clear advantage. But we can’t do anything about their level of turnout. All Dems can do is work to maximize our own numbers. Only by ensuring that piece of the puzzle can Democrats like Wendy Davis and Leticia Van de Putte hope to change the focus to soft Republicans that might be turned off by their candidates’ brand of extremity. This can be done as well, and again I’d call the expected amount of vitriol from the Republican side a potential asset in that. It is possible to peel away some voters – Bill White received between 200,000 and 300,000 crossovers in 2010, running against Rick Perry. In a 2008 turnout context, I believe he would have won. In the absence of that, as was the case in 2010, he didn’t come close. Maximize the base first, everything follows from there. We may well fall short, but accomplishing that much would be a huge step forward, as turnout on the Dem side has basically been flat since 2002. I’ll take a look at that in some more detail tomorrow.

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

Metro reports good first month North Line numbers

Off to a fine start.

In its first month of operation, the Red/North Line extension exceeded ridership projections by 62 percent.

METRO launched its 5.3-mile extension of the Red/North Line last Dec. 21 – extending the line from HCC-Downtown Station eight more stops to Northline Transit Center/HCC.

In January, the first full month of operation, the Red/North Line averaged 4,200 weekday boardings. That’s 1,600 more than what we had forecasted for the average daily ridership by Sept. 30, the end of METRO’s fiscal year.

“This speaks volumes about the value of rail in the community, and how expanding the reach of one form of transit enhances others like our bus service, “ said METRO Chairman Gilbert Garcia in a statement. “It’s providing better connectivity and improving the customer experience on many fronts.”

Consider these stats since the North/Red Line expanded:

  • The amount of transit service has increased, adding 192 rail trips each weekday, replacing 149 weekday bus trips.
  • The frequency of service has increased with peak and midday service running every 12 minutes, compared to 15 minutes on previous bus route.
  • On-time performance has improved. Route 79, which serves the Northline Transit Center, rose to the Top Ten routes for on-time performance from the bottom 10.

Ridership on the Red/North Line is expected to surge when two more light-rail lines open later this year, the Burnett Transit Center opens and a redesign of our bus system is implemented.

That last link goes to Metro’s System Reimagining page, which is all about what you think it is. The draft of their new system plan should hit the streets in the spring, so probably in two to three months. In the meantime, I’m encouraged by the North Line’s first month numbers. It would be great to see Metro’s overall ridership numbers really rebound after several years of decline.

UPDATE: I sent an email to Christof Spieler for a response to the comment left by chefmegan. Here’s what he sent me:

Comment from METRO staff:

“METRO does have next train departure signage and announcements at the Northline Transit Center. It’s not clear if this was an isolated case where the audio message didn’t clearly indicate, or the passenger may not have heard, which train was leaving. As for parking, METRO currently only has 7 parking spaces at this location. This location was designed as a transfer spot for our buses coming into the transit center and the foot traffic from the adjacent neighborhoods. Based upon our experience to date, we will continue to look for ways to work with community partners to try and identify additional parking around the Northline Transit Center.”

I’ll add this: the new rail lines are designed primarily to serve riders who reach the trains by bus, on foot, or on bike. Parking lots at stations are expensive to acquire, build, and maintain; more significantly, they make the area around the station less pedestrian friendly and disconnect the transit line from the neighborhoods around it. We’ll provide parking where it makes sense and where it will not negatively impact neighborhoods, and private property owners can (and already do) provide parking on their properties around stations.

My thanks to Christof for the information.

Posted in Planes, Trains, and Automobiles | Tagged , , , , | 1 Comment

Endorsement watch: Wendy Time

The Chron makes the obvious call in the Democratic primary for Governor.

Sen. Wendy Davis

Sen. Wendy Davis

The Democratic candidate for governor is, in essence, an accidental candidate. Disconsolate Texas Democrats, wandering on the wrong side of the River Jordan for more than half of the biblical 40 years, were eagerly anticipating their date with demographic destiny a few years down the road, in 2018 perhaps. That’s when they expected a dynamic Hispanic mayor from San Antonio, buoyed by majority Hispanic votes across the state, would lead them at long last into the land of political milk and honey. But along came Wendy Davis. The Fort Worth state senator’s 13-hour filibuster of anti-abortion legislation last summer electrified the party faithful. With support and encouragement pouring in from across Texas and around the nation, she must have felt that destiny was calling and she had no choice but to respond.

We’re glad she did. We believe that her candidacy – a long shot, to be sure – is not only good for the Democratic Party but also good for the state as a whole. A party that has held near absolute power as long as the Republicans have needs to be challenged – and not only because of the Lord Acton dictum about the dangers of absolute power. Voters need a viable choice. They need an opportunity to consider new ideas to governance.

Fortunately, Davis is a worthy adversary to her Republican counterpart, Attorney General Greg Abbott. She may not be as dynamic and engaging as the late Ann Richards, the last Democrat to capture the governor’s office, but she is knowledgeable about the issues, experienced at both the state and local level (11 years as a Fort Worth City Council member) and more than capable of articulating policy differences with her opponent.

Davis had previously received the endorsements of the Morning News, Statesman, Express News, Austin Chronicle, and others – I think this Star-Telegram editorial is an endorsement of Davis and Greg Abbott in their respective primaries, though it reads more like a preview of the race everyone expects to happen. Be that as it may, Abbott was similarly endorsed by all the major players, so no surprises on that score going into the main event. At this point, the only mystery is the final score of their races.

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Weekend link dump for February 16

So how do ants drink water, anyway?

Among other things, gentrification is anti-gang.

Law and Order and computers, documenting history by the screenshot.

Ever wonder what judges wear underneath their robes?

Don’t smoke, y’all. Mr. Spock says so.

Forget Wal-Mart, Costco is the new battle line in the culture war.

Come to San Antonio for the culture and cuisine, stay for the high school robotics competitions.

On the enduring success of Ed Sullivan, and why that mattered for The Beatles.

“[M]yths about virginity, sex, and basic biology still pervade even among sexually active adults, and when those myths get reinforced by vacuums of reliable information and sexist messages ingrained in popular culture, they can have serious consequences for women’s health.”

“In other words, we experienced exactly the kind of unforeseeable, unpreventable medical crisis that any health plan is supposed to cover. Isn’t that the whole point of health insurance?”

“In other words, providing people access to healthier foods is not enough. Access is not sufficient.” More time in the day would also be nice.

I’ll totally be watching the Redshirts adaptation.

“The Republican Party isn’t trying to move to the center. It’s just trying to prevent abject idiots from running for Congress, especially in red hot media markets like Northern Virginia”.

The CBO is not to be trifled with.

RIP, Shirley Temple Black, former child star and US Ambassador.

“The great mystery of U.S. health care is why the country’s CEOs didn’t demand a single-payer system a long time ago.”

“So when Erick Erickson contradicts and rejects Peter’s interpretation of Peter’s vision, then I’m sorry, but I’m going to have to side with Peter.”

Ashley Wagner is your new McKayla Maroney.

Don’t let your boss lie to you about your health insurance costs.

“Because gender segmenting toys interferes with a child’s own creative expression. I know that how I played as a girl shaped who I am today.”

This will be Derek Jeter‘s last year. sniffle

“I believe the right to vote is on the same level as free speech and fair trials. And no one suggests that released felons should be denied either of those.”

Oh where, oh where has my moon rover gone?

Every Prince hairstyle, from 1978 through 2013. You’re welcome.

RIP, Sid Caesar. As always, Mark Evanier’s obit of him is worth reading.

“I find it a remarkable notion that McDonald’s can’t afford to pay an increase in the minimum wage but In-N-Out Burger can.”

Deficit scold, heal thyself. Or better yet, just go away. But not before we mock your cluelessness first.

More Mary Carillo, please.

“So there you have it. It’s not just that these Republican legislators are willing to side with a corporation against a union; it’s that when it comes to being pro-business or anti-union, they’ll choose anti-union.”

Get to know Dale Hansen, the Dallas sportscaster whose defense of Michael Sam went viral, a little better.

RIP, Ralph Waite. Good night, Pa.

#HealthPolicyValentines. Ain’t no humor like geek humor, ’cause geek humor don’t quit till the subject has been thoroughly examined.

RIP, Gemma Caramante. No, you don’t know who she is, unless you’re from my hometown of Staten Island. She was the great aunt of my best friend growing up, and a big part of my childhood who was every bit as kind and generous as described in that obituary. I wasn’t related to her by blood, but she was Aunt Gemma to me, too. Every kid should have an Aunt Gemma in their lives. Rest in peace, Zizi. We love you.

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Nikki Araguz case reinstated

Good.

Nikki Araguz Loyd

A transgender woman who was denied benefits after her firefighter husband died in the line of duty will get another chance to litigate the case in a state district courtroom, the 13th Court of Appeals ruled Thursday.

[…]

Nikki Araguz has been on feminizing hormone therapy since age 18 and in 1996 successfully petitioned the 245th state District Court of Harris County to have her name changed, court documents state. Later that year, she changed her birth certificate in California to change her gender to female.

She married Thomas Araguz in August 2008, after presenting a Texas driver’s license to the Wharton County Clerk’s Office stating she was female. At the time of the wedding, she still had male sex organs, but she underwent genital reassignment surgery two months later, court documents state.

[…]

As first reported Thursday in the San Antonio Express-News, the appellate court, based in Corpus Christi and Edinburg, voided the state district court judge’s summary judgment in favor or Thomas Araguz’s parents and ordered the case returned to the original courtroom for further litigation.

“… We conclude that the trial court erred in granting the summary judgment because there is a genuine issue of material fact regarding Nikki’s sex and whether the marriage was a same sex marriage,” Chief Justice Rogelio Valdez wrote in the 26-page ruling for the case.

See here and here for more on the case, and here for some background on Nikki Araguz. You can see a copy of the opinion here. Lone Star Q fills in some details.

State district Judge Randy Clapp issued a summary judgment declaring the marriage void in 2011. But on Thursday, the 13th District Court of Appeals threw out the summary judgment and remanded the case to Clapp for further proceedings.

“We conclude that this was an error because, on the record before us, the question of Nikki’s sex is a disputed issue of material fact that precludes summary judgment,” Chief Justice Rogelio Valdez wrote.

The opinion goes on to say that the Legislature passed a law in 2009 making proof of sex change one of the documents people can use to obtain a marriage license in Texas. According to the court, this law’s passage had the effect of overturning another state appeals court’s 1999 ruling in Littleton v. Prange, in which a transgender widow’s marriage was declared void based on her birth sex.

The 13th District also said Clapp failed to give adequate weight to an expert’s affidavit saying Araguz has “gender dysphoria” and explaining the condition.

So the good news is that her case is alive and the courts recognized that Texas law allowed for her wedding to be legal. The bad news is that legality hinges on the question of whether she was female in the eyes of the state at the time, and the case will go back to the district court to settle that question. What fun that will be to litigate. The issue is complicated – needlessly so, since the state of Texas refuses to allow two consenting adults to just go ahead and get married if they want to – and I’m sure in the current environment it will be politicized by the kind of people who think their own lives will be ruined if people like Nikki Araguz have the same rights as they do. Still, this is a positive development, and I continue to wish Nikki Araguz all the best in her fight. The Dallas Voice has more.

Posted in Legal matters | Tagged , , , , , | 1 Comment

HISD gets more diverse

Which in this case means it’s getting a little whiter.

After decades of free fall, Houston ISD’s white enrollment is inching upward, suggesting that more families with the resources to choose are selecting Houston public schools.

Enrollment of non-Hispanic white students in the Houston Independent School District bottomed out in 2010 at 15,340 students, or 7.6 percent of enrollment. White enrollment has increased by 13 percent since then, and today Houston ISD enrolls 17,313 white students, about 8.2 percent of a district that swelled to 210,000 with the recent absorption of neighboring North Forest, a predominantly African-American district.

Curbing so-called white flight is a major accomplishment for an urban school system, said Robert Sanborn, CEO of Children at Risk, a Houston-based nonprofit. Public schools are stronger when they reflect their city’s racial and economic diversity, he said. Roughly 25 percent of Houston’s population is white, meaning most white families continue to opt out of HISD.

“To me what’s remarkable is that we don’t show a loss like everybody else,” Sanborn said. “It’s absolutely counterintuitive.”

[…]

“It’s not a stampede, and it never has been, but it’s steady and it’s undeniable,” HISD school board member Harvin Moore said of the growing white enrollment.

Enrollment of Asian students also has increased each year since 2010; HISD now enrolls 7,401 Asians, or 3.5 percent of its overall student body.

I have kind of a distorted view of HISD, living as I do in the Heights. The article discusses how gentrification and the influx of new residents into the Heights, many of whom have kids and want them to attend neighborhood schools, has had a profound effect on the demography of Harvard Elementary School, but it could just as easily have used Travis Elementary as its example. I definitely agree with Bob Sanborn’s premise that public schools are better off when they more closely resemble the city they’re in. It’s not a good thing politically if you’ve got this large bloc of voters who feel like they have no stake in the schools, and therefore no real need to support them.

As it happens, Michael Li brought up this topic on Facebook the other day.

Remarkable stats: Of the nearly 11,000 ninth grade students in DISD, only 558 are Anglo. Of those Anglo ninth graders, a quarter go to just one school – Arts Magnet.

That makes DISD about five percent Anglo. Li got his stats from DISD’s public data portal. In a subsequent comment, he noted the percentage was even lower for fifth graders. Dallas County is less Anglo than Harris County is, but not by that much. Given the past history of official segregation in public schools, it’s more than a little unnerving to see such stark differences between the makeup of these school districts and the makeup of their larger communities. Thanks to the continued dynamism of Houston’s urban neighborhoods, HISD is bucking that trend. I hope that continues for awhile.

Posted in School days | Tagged , , , , , , | 3 Comments

Complaint #3 against Judge Pratt

Greg Enos does not give up, y’all.

Judge Denise Pratt

With just days before early voting begins in the GOP primary, Webster family lawyer Greg Enos has filed a third criminal complaint against embattled family court Judge Denise Pratt with the Harris County District Attorney’s office.

The complaint, which details one of the 631 cases Pratt dismissed on Dec. 30 and Dec. 31, accuses the freshman Republican judge — who is seeking a second term this year — of backdating an order in open court. It includes sworn affidavits from a couple who say Pratt informed them that she was “backdating this order” and screenshots indicating Pratt signed the order at an April 25 hearing, but dated it March 5.

Enos’ second criminal complaint, filed last month, alleges that Pratt broke the law by purging hundreds of cases last month without giving prior notice to lawyers or their clients. His first complaint against the district court judge, filed in October, accuses her of backdating orders in two unrelated cases. That complaint led to the resignation of Pratt’s lead clerk and sparked an investigation by the DA’s office and a grand jury, which ultimately no-billed her.

Pratt, through her lawyer, blamed the backdating on her court clerks. Enos says it’s “totally different” this time.

“The last time was circumstantial. She was blaming the clerks,” he said. “If these two witnesses are willing to go into a grand jury and the (Harris County) District Clerk’s records back up what they say … I don’t know how she would not get indicted for this.”

See here for previous blogging on Judge Pratt. Houston Politics has a copy of the complaint and a few more details. This whole thing is just…wow. I can’t wait to see what happens next. Texpatriate has more.

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

Endorsement watch: Chron for Alameel

The Houston Chronicle makes a nice endorsement of David Alameel for the Democratic nomination for Senate.

David Alameel

David Alameel

David Alameel isn’t your usual political candidate. Most big money political donors don’t start like Alameel: a gas station attendant and farm laborer. But this Lebanese immigrant’s story of working his way up to the top by joining the Army, becoming a dentist and eventually selling his chain of dental offices in Dallas to a venture capital firm stands as an embodiment of the American dream. It is a tale that grows rarer every year, with skyrocketing costs of higher education and a middle class that’s losing the economic potential necessary to fuel our economy. That’s where Alameel puts his focus. “I don’t care what other issues are involved,” Alameel told the Chronicle. “You have to keep pushing education.”

His passion for the issues comes from his experience as an immigrant and as a father who married into an Hispanic family. For him, immigration policy isn’t just a topic for political debate, but something that he’s lived: citizens harassed by border patrol, grandmothers separated from their children, businesses that need hardworking laborers. It is a refreshing perspective in a campaign season filled with hyperbolic claims from folks who live their lives in sanitized suburbs.

While other Democratic candidates will hit the pavement to register and turn out voters in Texas’ big cities, Alameel says he wants to stay along the border and make sure that those folks vote not just in the primary, but in the general election. It is an admirable goal in a state with such low turnout.

They throw in a few nice words for Maxey Scherr at the end but concede that Alameel will be better funded. The Chron’s rather warm embrace stands in contrast to the Star Telegram, who also endorsed Alameel but wasn’t impressed with any of the Democratic candidates and mostly went with Alameel on the grounds that he might be able to have a reasonably well-financed campaign. I was going to say that the Chron endorsement of Alameel was the first major endorsement by someone other than an individual I’d seen, but a scan of his campaign Facebook page shows that he has been receiving a decent number of group endorsements around the state, and it included the link to the FWST editorial that I’d missed. Scerr, for her part, is quick to send out emails touting her endorsements, which recently included the San Antonio Express News and the Austin Chronicle.

Also in the Chron were a handful of judicial primary endorsements, with this one being of the most interest:

113th Civil District Court: Steve Kirkland

Steve Kirkland’s loss in the 2012 Democratic primary for the 215th civil district court stands as a case study in the pitfalls of a partisan elected judiciary. After serving for years as a dedicated and highly praised judge, Kirkland was challenged by an unqualified opponent whose campaign was almost exclusively funded from a single source – local plaintiff’s attorney George Fleming, who coincidentally had lost a major judgment in Kirkland’s court. The election was marred by underhanded attack ads, and the message to Harris County was clear: Justice is for sale.

Democracy should not go to the highest bidder. But history threatens to repeat itself. Fleming is at it again, bankrolling Kirkland’s only challenger in this race, Lori Gray. There is no question in this election. Democratic Party voters should send a message and put Kirkland back on the bench where he belongs.

A graduate of the University of Houston Law Center, Kirkland served for four years as a civil court judge and eight years as a municipal court judge. He may not have the backing of a big-dollar plaintiff’s attorney, but he does have the endorsement of the Houston Chronicle.

I noted Fleming’s financial involvement in my roundup of 30-day finance reports for county candidates. I hope the dynamics of the primary this time are more favorable to Kirkland, but we’ll see. The Chron made no recommendation in the Democratic primary for County Criminal Court at Law 10, and made endorsements in three Republican judicial primaries. I have to assume there are more of these to come, as there are quite a few other contested primaries, and I can’t believe the Chron won’t take the opportunity to weigh in on the GOP race for the 311th District Family Court, home of Judge Denise Pratt. We’ll see if they have more to say on these and a few other races, like SD15, as early voting gets underway.

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

Saturday video break: After The Fire

I didn’t mean to start this series out with two Pete Townshend songs in a row, but I’m going alphabetically and this is what came next. It’s also one of my favorite songs, from one of my desert island CDs:

Love the song, and totally love the CD, “Deep End Live!”; you can see the whole concert here. That’s David Gilmour from Pink Floyd on lead guitar, by the way. You’ve probably heard Roger Daltry’s version of this. Townshend reportedly gave the song to Daltry in a pub, saying he could do a better version of it than Townshend himself could. You be the judge of that:

Daltry has the better voice, but I’ll take Townshend’s more introspective and heartfelt version. How about you?

Posted in Music | Tagged , | 1 Comment

Add Virginia to the list

The list of states whose law banning same sex marriage has been struck down.

RedEquality

A federal judge ruled Thursday that Virginia’s ban on same-sex marriage is unconstitutional, making it the first state in the South to have its voter-approved prohibition overturned.

U.S. District Judge Arenda Wright Allen issued a stay of her order while it is appealed, meaning that gay couples in Virginia will still not be able to marry until the case is ultimately resolved. Both sides believe the case won’t be settled until the Supreme Court decides to hear it or one like it.

[…]

The Virginia Attorney General’s Office took the unusual step of not defending the law because it believes the ban violates the equal protection clause of the 14th Amendment. In her ruling, Wright Allen agreed.

“The court is compelled to conclude that Virginia’s Marriage Laws unconstitutionally deny Virginia’s gay and lesbian citizens the fundamental freedom to choose to marry. Government interests in perpetuating traditions, shielding state matters from federal interference, and favoring one model of parenting over others must yield to this country’s cherished protections that ensure the exercise of the private choices of the individual citizen regarding love and family,” Wright Allen wrote.

Wright Allen’s stay was requested by the Virginia Attorney General’s Office in order to avoid a situation similar to what happened in Utah after a federal judge declared that state’s ban on gay marriages unconstitutional.

[…]

The Virginia case centered on a gay Norfolk couple who were denied a marriage license by the Norfolk Circuit Court in July, shortly after the Supreme Court struck down the federal Defense of Marriage Act. A Chesterfield County couple who married in California and are raising a teenage daughter also later joined the lawsuit, seeking to have their marriage recognized in Virginia. The attorneys representing the plaintiffs are the same ones who successfully challenged California’s voter-approved ban on gay marriages in court.

In her ruling, Wright Allen said the lesbian couple “suffer humiliation and discriminatory treatment on the basis of their sexual orientation.”

“This stigmatic harm flows directly from current state law.”

You can see a copy of Judge Wright Allen’s ruling here, and a press release from AFER (the American Federation for Equal Rights), who represented the plaintiffs, here. This ruling comes on the heels of the ruling in Kentucky and the hearing in Texas, for which we are still awaiting a ruling. Don’t make us wait too long for that, Judge Garcia.

In the meantime over in Nevada, where the AG and Governor recently announced they would drop their defense of that state’s anti-same sex marriage law, there was an admirably bipartisan rally in favor of changing that state’s law.

Several gay couples helped a coalition of advocacy groups in Nevada put a face on what they called marriage equality on Thursday, launching a push to get the Legislature in 2015 and voters in 2016 to change the state constitution to allow same-sex unions.

“It really isn’t complicated. Love is love,” said Vivian Wright-Bolton, a Las Vegas language translation businesswoman, mother and committed partner in a same-sex relationship.

[…]

The American Civil Liberties Union of Nevada hosted the events for a campaign they called “Freedom Nevada,” along with the Progressive Leadership Alliance of Nevada and Human Rights Campaign nonprofits, and the Freedom to Marry Inc. lobbying group.

ACLU Executive Director Tod Story said the aim was to begin sharing real experiences of loving gay and lesbian couples “and show why marriage matters.”

Jeff Garofalo, a lawyer and self-described conservative Republican, was one of 17 supporters during the news conference at the Grant Sawyer state office building in Las Vegas.

Some held signs, in English and Spanish, calling for same-sex marriage rights.

Garofalo pointed to what he called a varied “checkerboard of rights” from state to state, and called marriage a basic freedom.

“As a matter of policy, long-term committed relationships should be encouraged,” he said.

[…]

Reno Mayor Bob Cashell said at a news conference at the Trinity Church parish that tourism could benefit from support of gay marriage.

“To be competitive we need to continue to welcome a diversity of business to our great state,” said Cashell, a Republican.

“For somebody who has been married 49 years,” he added, “I can’t imagine someone telling me I couldn’t marry the person I love.”

Wouldn’t it be nice to hear a few prominent Republicans in this state adopt that kind of language? Instead, we have Ted Cruz. Well, if they won’t join us, we’ll have to beat them. Daily Kos has more.

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Lots of pushback on HISD’s school closure proposal

People don’t like it when schools get closed.

With the temperature near freezing, Maria Salazar bundled her three young children in jackets on Tuesday and walked them eight blocks to Port Houston Elementary School. She dropped off Joaquin, 7, and Arianna, 5, and then hiked home with her 2-year-old son on her hip. She doesn’t own a car.

Salazar is among parents, community leaders and elected officials in neighborhoods across the city who are voicing emotions from fear to fury over the proposed closures of Port Houston, Dodson and Nathaniel Q. Henderson elementary schools; Fleming Middle School; and Jones High School.

Hundreds packed public meetings this week, trying to persuade Superintendent Terry Grier and the school board to spare the schools. Grier plans to present a formal recommendation to the board in March.

Black activist Quanell X said he is organizing a protest in front of Grier’s house Sunday afternoon, particularly over the proposed closure of Jones High School. He said community members feel deceived because the district included Jones in its bond package last year, committing $1.1 million to renovate the south Houston campus – not close it.

“Since he enjoys turning African-American households upside-down and disrespecting African-Americans, then we will absolutely go to his house to say, ‘Hell no,'” the activist added.

District officials have not announced how they would use the money budgeted for Jones, where about two-thirds of the students are black, if the school is closed.

Parents and others cited various concerns about the potential closures: Shutting down schools will weaken the surrounding neighborhoods. The district should try harder to improve the schools. Some campuses that students would be zoned to attend perform worse academically than those facing closure.

And some people will just have to go longer distances to get their kids to school, as with Ms. Salazar. See here for the background on this. The argument about and the 2012 bond referendum is a good one. One of the arguments that HISD itself made in support of that referendum was that better facilities would help keep more families in HISD schools. If they really believe that, then Jones ought to be a fine test for the hypothesis. I get that there may be neighborhoods where the long term demographic outlook is sufficiently grim for school population that there’s basically nothing that can be done to arrest the trends. I haven’t waded through the district’s massive demographic and enrollment report yet, so it may all be right in there for me to see. If that is the case, HISD needs to make it clear to everyone, especially the parents and children that would be directly affected. They’ve got a tough job ahead of them.

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Tracking city performance

Cool.

HoustonSeal

The City of Houston launched a website Monday pulling from a massive database of 311 service requests that allows visitors to create custom graphs counting everything from bad tasting water and missed yard waste pickups to storm sewer odors and traffic signal timing.

The site also includes links to the most recent quarterly performance report to the mayor, the site’s Data Portal website where it hopes to inspire civic-minded programmers and a partnership with a community group, Open Houston, dedicated to innovation.

“Through the Performance Insight report and the Performance Improvement Portal, citizens are now able to see how the City measures its own performance, participate in civic innovation projects and join in an ongoing conversation about government improvement,” read a city press release.

City officials also touted the soon-to-be expanded site as an important transparency measure.

“There are currently over 200 datasets available through the online portal, and the City is finalizing an Administrative Procedure that will lay the groundwork to make all non-exempt data publically accessible in the future,” the release said.

The website is here and the data portal is here. That has a bunch of GIS data sets, which even now are sending out a siren call to folks like Greg Wythe. I don’t know how much this site will be used by most normal people, but it’s an impressive piece of government transparency. Check it out.

Posted in Websurfing | Tagged , | 1 Comment

Endorsement watch: Kim Ogg for DA

The Chronicle gives a ringing endorsement to Kim Ogg in the Democratic primary for District Attorney.

Kim Ogg

Kim Ogg

Ogg has experience as a board-certified felony prosecutor, but she also has the broad view that comes from serving as director of Houston’s first anti-gang task force. After overseeing a 40 percent drop in gang violence, Ogg went to work as executive director of Crime Stoppers, where she helped unite community resources to solve thousands of unsolved crimes. With this experience, Ogg knows that it isn’t merely about racking up prosecutions but setting countywide policy that is directly connected to reducing crime. She points to creative use of civil law to prevent crime before it happens. Harris County has used nuisance injunctions to keep gang members away from schools and apartments, and Ogg wants to expand that strategy to fight people whose businesses act as fronts for sex trafficking.

[…]

Ogg also will put people convicted of possessing small amounts of marijuana where they belong: along our bayous performing community service, rather than in jail at taxpayer expense.

But like the heroine in a bad horror movie sequel, Ogg has to defeat a sad soul who keeps coming back: Lloyd Wayne Oliver. Just when you thought it was safe to vote in the Democratic primary, he’s on the ballot again for the free publicity. Primary voters should give Oliver the thrashing he deserves for making a mockery of our elections. And they should give Ogg a place in the general election come November.

We all know what the stakes are here. Either we nominate Kim Ogg and have ourselves a real candidate to support who can drive a real debate about the DA’s office and its direction, or we punt the race for the second time in two years. Given that we’re basically going to punt the County Judge race, since the only qualified candidate on the ballot is incumbent Judge Ed Emmett, that’s a lot of dead weight at the top of the county ticket. While I don’t think that will be a drag on Wendy Davis and the rest of the statewide ticket, it certainly won’t help. It’s up to Ogg and her team to do the heavy lifting of voter outreach, but we can do our part as well. Vote for Kim Ogg, and tell everyone you know to vote for Kim Ogg.

On the same page, the Chron did a series of endorsements in contested House primaries. Of interest to us:

District 131: Alma Allen

We endorse Allen, the incumbent, because of her familiarity with the Legislature and her 10 years of seniority there, and because her position on the education committee and long history as a school principal enable her to promote better state funding for public schools. Those serve her south Houston district well. But her energetic challenger, 27-year-old Azuwuike “Ike” Okorafor, is a promising newcomer. We hope to see him run for other area offices.

District 145: Carol Alvarado

In the House, Alvarado has a strong record of fighting for Democratic causes, such as education funding, women’s health and Medicaid expansion, without alienating the Republican colleagues she needs to get things done. She and her staff are notably visible and accessible, providing a high degree of constituent services in a heavily Hispanic district that stretches from part of the Houston Heights southeast to Beltway 8. She’s the clear choice in this race.

No surprises in either one, and I too would like to see Azuwuike Okorafor run for something else if he doesn’t win this time. On the Republican side, they endorsed Chuck Maricle in HD129, Ann Hodges in HD132, Rep. Sarah Davis in HD134, and Rep. Debbie Riddle in HD150. Maricle was endorsed by the Houston GLBT Political Caucus, the only Republican who screened with them for this primary; Hodges was endorsed by the Texas Parent PAC; Rep. Davis was endorsed by Equality Texas, the first Republican to get their recommendation. So they have that going for them.

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Friday random ten: Heartbreak Hotel

The Captain and Tennille. Ron and Hermione. It’s been a heartbreaking couple of weeks, hasn’t it? And today is Valentine’s Day, too. Here’s an appropriate soundtrack for some love gone wrong.

1. Break My Heart – La Sera
2. Break Your Heart – Natalie Merchant
3. Breaking Up Is Hard To Do – Neil Sedaka
4. Breaking Us In Two – Joe Jackson
5. Danger Heartbreak Dead Ahead – The Marvelettes
6. Don’t Break The Heart That Loves You – Connie Francis
7. A Room At The Heartbreak Hotel – U2
8. The Sound Of My Heart Breaking – Miss Molly
9. That’s How I Knew This Story Would Break My Heart – Aimee Mann
10. You Can’t Break My Heart – The Hot Club of Cowtown

If nothing else, it’s a little tonic for all of the commercialized mush we put up with this time of year. May your Valentine’s Day have no heartbreak, and just as much or as little mush as you want.

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ACA enrollments top 200K in Texas

Despite continued fierce resistance from state leadership, people keep signing up for health insurance in Texas via the Healthcare.Gov exchange.

It's constitutional - deal with it

It’s constitutional – deal with it

Enrollment in the federal health insurance marketplace continued to steadily climb in January, according to data the U.S. Department of Health and Human Services released Wednesday. In January, another 89,500 Texans selected a health plan on the insurance marketplace created by the Affordable Care Act, the department reported.

“Today’s enrollment figures are more proof that Texans are ready and willing to push past the barriers that Gov. Perry has put in the way of the new Health Care law,” Ginny Goldman, executive director of the Texas Organizing Project, which is assisting enrollment efforts across the state, said in a statement.

As of Feb. 1, the total number of Texans who have enrolled in a health plan jumped to 207,500 from 118,000 at the end of 2013. Across the nation, enrollment grew to 3.3 million, a 53 percent increase over enrollment in the previous three months.

“These encouraging trends show that more Americans are enrolling every day, and finding quality, affordable coverage in the Marketplace,” U.S. Health and Human Services Secretary Kathleen Sebelius said in a statement.

[…]

Texas has been a priority state for enrollment efforts, said Julie Bataille, communications director for the Centers of Medicaid and Medicare Services, and they’re working closely with local organizations and government officials to assist enrollment efforts.

“A lot of the activities that we’re doing in Texas in particular, understandably, are focused on reaching citizens who speak both English and Spanish,” she said.

John Davidson, a health policy analyst at the conservative Texas Public Policy Foundation, said enrollment was strikingly low, given the total number of uninsured Texans.

“In a state with more than 6 million uninsured, you would expect more than 207,546 people would have bothered to sign up after four months of open enrollment,” he said in an email. “This suggests that many Texans do not think the exchanges plans are all that good of a deal after all.”

But Phillip Martin, deputy director of the left-leaning Progress Texas, said that it took Texas four years, from 2006 to 2010, to achieve a similar spike in enrollment on its own — 232,000 children — in the Children’s Health Insurance Plan.

“In the past, it took years to see the kind of health coverage expansion in Texas we’ve seen in the last few months thanks to the Affordable Care Act,” he said in an email.

Davidson’s criticism is kind of hilarious. Why aren’t there more of those benighted suckers signing up for this horrible, fascistic failure of a system that’s totally going to doom us all to a fate worse than not having health insurance in the first place? Don’t you people listen to me when I tell you what’s good for you? Never mind all of the barriers that Rick Perry, David Dewhurst, Greg Abbott, and all the legislators that listen to people like Davidson put in place to keep millions of people off of health insurance. All these people that we’re prevented from getting health insurance still don’t have health insurance – see, it’s a failure, just like I said it would be!

Anyway. Davidson’s BS aside, the pace of enrollments in Texas mirrored the national trend, which showed stronger numbers in January than originally projected. Part of that is catchup from the first two months, but it’s still positive, and portends the likelihood that final signup numbers will be pretty close to what was expected in the beginning. Texas ought to exceed half a million, which is less than ten percent of our shameful total number of uninsured people, but will still be a half million more than Perry and his crew ever helped. And the push continues:

On Saturday, February 15, several community organizations will come together to host a bilingual community event to help Latinos learn about and enroll in new health care plans available under the Affordable Care Act (ACA) . Attendees will learn about new insurance plans, discover what financial help may be available to them, and work with trained experts one-on-one to enroll on site.

The event, celebrating Heart Health, will be hosted by Dia de la Mujer Latina, a national nonprofit organization focusing on Latino health since 1997. Planned Parenthood Gulf Coast and Get Covered America will be providing an opportunity for many underserved populations to learn about insurance options and enroll. Certified ACA navigators will be on hand to provide in person assistance. On the day of the event, attendees interested in enrolling will need to provide an email address, social security number, proof of legal residency (residence card or citizenship certificate), and income verification in order to apply.

Most eligible, uninsured Latinos don’t know how the health care law will affect them. Fifty-three percent of Latinos in Harris County had no health insurance coverage at the time of the 2010 American Community Survey; and in the state of Texas, there are 5.7 million Latinos without insurance. This information session will better inform people in the community about their benefits under the Affordable Care Act.

That’s from a media advisory I got about an event occurring tomorrow at the Hiram Clarke Multi Service Center, 3810 West Fuqua, from 11 to 3. There are a lot of groups out there doing this hard work, all over Texas. Imagine what kind of results they could be getting if people like John Davidson would just get out of their way. Wonkblog and BOR have more.

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Davis officially supports same sex marriage

Right on.

Sen. Wendy Davis

Sen. Wendy Davis

Sen. Wendy Davis said Thursday that she supports same-sex marriage and that Attorney General Greg Abbott, her presumed general-election opponent in the race for governor, should stop defending the state’s ban.

“It’s my strong belief that when people love each other and are desirous of creating a committed relationship with each other that they should be allowed to marry, regardless of their sexual orientation,” Davis told the Express-News editorial board.

Davis, D-Fort Worth, said she is “pleased” that the state’s constitutional definition of marriage, as being between a man and a woman, is under challenge in federal court.

“I think that what we see happening at the federal level in terms of constitutional interpretations on that provide some hope that it may be found unconstitutional,” she said.

The Republican attorney general’s office is defending the constitutional provision.

Asked if she would call on him to stop doing so – as she earlier called on Abbott this week to reach a settlement in a state school funding lawsuit – Davis said that “makes perfect sense. We’ve seen that happen.”

She cited such decisions by Virginia and Nevada.

“Obviously our AG has the capacity to do the same if he chooses to do so,” she said. Asked if she would call on him to do so, she said yes.

Damn right. And another reminder, as if one were needed, of how important the elections this year are. The next AG will be inheriting a lot of ongoing litigation from Greg Abbott. Some of those lawsuits really ought to be dropped or settled, as they’re little more than ideological crusades that can have unexpected costs. One of the consequences of this election will be whether or not there’s any momentum for settling these cases and dialing back the activism. In the specific case of same sex marriage and the litigation over it, it’s also a matter of recognizing that the state of Texas is clearly on the losing side of the argument. We can come to terms with that now, or we can be like Ted Cruz and the state of Kansas and be forced to come to terms with it later. Wendy Davis has chosen wisely, and we should all be happy about that. Lone Star Q and Texpatriate have more.

UPDATE: Just in time for Virginia’s same sex marriage ban to be declared unconstitutional. I’ll have a full post on that tomorrow.

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Montgomery County voting shenanigans

Fascinating story out of Montgomery County in which a handful of self-styled activists in Montgomery County attempt to register to vote in a Road Utility District (RUD), a taxing entity that has literally almost no voters, and wind up getting arrested on felony voter fraud charges.

In May 2010, [Adrian] Heath, along with nine of his fellow suburban neighbors from in and around The Woodlands, gathered at a Residence Inn hotel inside the confines of the Woodlands Road Utility District, a 2,475-acre taxing body that is connected to The Woodlands by a coalition of developers, lawyers and well-to-do local insiders. The group included a retiree, a homemaker, a tile contractor, a salesman and an oil-equipment technician.

Heath and his friends claimed residency inside the district despite staying only two nights at the hotel. They did so to elect three of their colleagues in order to usurp the incumbent balance of power in the district. They believed the district was running up public debt and wanted to stop that.

Heath and his colleagues figured they were standing up for their rights, hoping to be part of a system that was imposing taxes indirectly on them in a commercial area in which they did much of their shopping and dining. And they were certain that their group was working within the very blurry lines of state law regarding residency and voting.

The law they followed says that the voter residency requirement can be determined “by the voter,” as Randall Dillard, a spokesman for the Texas Secretary of State’s office, stated in February 2010.

Dillard’s statement was repeated like a mantra among Heath and his pals in the weeks leading up to the election. They succeeded in getting their own candidates in office by changing their voting registration residences in April 2010.

But as in a scene gone wrong in a caper movie, in June 2010, a district judge ruled the election and the group’s part in it invalid and tossed the results.

That might have been the end of it, with a few malcontented wiseasses fruitlessly trying to prove a point.

Instead, as it turned out, the troublemakers had picked a very bad time to make their stand.

Read the whole thing, it’s really something. I had no idea there was such a thing as a RUD, and while I don’t know enough about these guys’ claim that this particular RUD was being financially mismanaged, there’s no question that the setup of it is highly suspicious, and I can see why they took the action they did. Their argument is that they’re being targeted, partly in retaliation by Montgomery County officials such as now-former Sen. Tommy Williams for being a general pain in the rear, and partly by Attorney General Greg Abbott, who wanted to prove that he does too go after “vote fraud” committed by people who aren’t minority Democrats. I couldn’t help but think about the Dave Wilson affair as I read this, but these guys pushed the envelope even farther than Wilson did. I hope they appeal their conviction, if only to eventually provide further clarification about what our state laws about residency for electoral purposes really mean. Check it out.

Posted in Show Business for Ugly People | Tagged , , , , , , | 4 Comments

Not just DNA

There are a lot of other exonerations that happen around the country, for crimes major and minor, that don’t involve DNA.

ExonerationsByYear

In September 2006, [Corey] Love was charged by Houston police with possession of between one and four grams of cocaine, a felony. He was 20 years old and indigent.

He had two choices when he made his first appearance before a judge: Stay in jail waiting for laboratory tests to confirm the substance found on him was cocaine, or accept the prosecutor’s offer to plead guilty to a lesser charge, do his time in state jail and go home.

He chose the latter, received a credit of two days for every day served, and was released on Dec. 23, 2006. Six days later, Love was arrested and charged with robbing someone at the barrel of a BB gun, to which he pleaded guilty and was sentenced to three years in state prison.

In December 2012, the Houston Police Department crime lab finally got around to testing the substance taken from Love. It wasn’t cocaine. And it weighed less than 1 gram, which means that, even had he been carrying cocaine, Love would have faced a lesser charge in the first place.

The Harris County District Attorney’s Office notified the trial court, which appointed attorney Tom Moran to file a writ of habeas corpus on Love’s behalf. It was granted in June last year. Love’s conviction was vacated, and he was declared innocent.

That bit of good news likely hasn’t reached Love – neither Moran nor an investigator from the district attorney’s office has been able to find him to tell him.

“He has no clue,” Moran said. “I have no idea where he’s at. He was out of Louisiana. I checked with the Louisiana prison system but couldn’t find him.”

Nationally, the registry reported that the number of exonerations in 2013 based on DNA testing continued to decline and non-DNA exonerations were on the rise.

Nearly a third of the exonerations last year involved cases in which no crime had occurred. Fifteen individuals were declared innocent of crimes to which they had pleaded guilty but did not commit.

Seven of those cases, including Love’s, were in Harris and Montgomery counties, and six of them involved convictions for drug possession that were overturned after crime lab analysis determined no drugs were involved.

All seven defendants were convicted after accepting plea bargains, which is how the vast majority of convictions in the country’s federal and state courts are obtained – 97 percent of federal convictions and 95 percent of state convictions.

Grits was on this last week. The registry in question is the National Registry of Exonerations, which is a joint project of the University of Michigan Law School and the Center on Wrongful Convictions at Northwestern University School of Law. You can see their report here; the embedded graph is from this page. The thing to keep in mind here is that Corey Love spent about three months in jail for something that wasn’t actually a crime. His is an extreme case, but there are a lot of people in our county jails like him, people who couldn’t make bail and wound up pleading to something so they could get their ordeal over with. We spend a lot of money on people like that, for no good purpose. We also spend a lot of money fighting to keep from re-examining the evidence in cases where strong doubt exists about the integrity of a conviction. There’s an awful lot more that we could be doing here, to either increase this number, or make it so that we don’t have to. The Atlantic has more.

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Davis for medical marijuana

Wendy Davis talks to the DMN editorial board and answers some questions about marijuana.

Sen. Wendy Davis

Sen. Wendy Davis

Questions: As you know, both ends of the political spectrum have questioned the nation’s and state’s drug policies and the mass incarceration that has resulted. Even Gov. Perry has said positive things about decriminalization, as he defines it. What changes would you support in Texas law that now allows for jail time for small amounts of marijuana? And, as a separate question, what’s your position on medical marijuana?

Davis: “I do believe that Gov. Perry’s approach is a reasonable approach, that we as a state need to think about the cost of that incarceration and, obviously, the cost to the taxpayers as a consequence of it, and whether we’re really solving any problem for the state by virtue of incarcerations for small amounts of marijuana possession.

“With regard to medical marijuana. I personally believe that medical marijuana should be allowed for. I don’t know where the state is on that, as a population. Certainly as governor I think it’s important to be deferential to whether the state of Texas feels that it’s ready for that.

“We certainly have an opportunity to look at what other states are doing and watch and learn from that. I think Texas is in a position right now of being able to sit back a bit and watch to see how this is playing out in other arenas.”

Follow-up question: Had a bill gone to the Senate to decrease criminal provisions for possession of small amounts of marijuana, would you have voted for it?

Davis: “Yes, I would have.”

Another follow-up: If the Legislature were to put a constitutional amendment on the ballot, to let the people decide marijuana legalization, as they did in Colorado and Washington, how would you vote, as a private citizen?

Davis: “I don’t know yet. I want to wait and see what happens in Colorado. I have a daughter who lives in Denver. I think there are some challenges to that law that are presented to law enforcement. In Denver they’re already talking about that, based on my conversations with my daughter, a week or so ago.

“When you stop someone who’s drunk driving, you can easily do a test to make a determination that that’s the case. When you stop someone you believe is driving under the influence of too much marijuana, what is the ability to conduct that same sort of analysis, and do you accidentally ensnare someone who really isn’t under the influence but yesterday smoked marijuana, and it’s still in their blood stream? These are some unique questions and challenges.

“From a philosophical position, do I have any objections to the fact that citizens might want to legalize marijuana? No, I don’t. But I think watching to see how this experiment plays out in other states is probably advisable before I could tell you for sure.”

Final follow-up question: If you were elected governor and the Legislature sent you a bill that made possession of small amounts of marijuana a civil matter, rather than a minor criminal offense, would you sign it?

Davis: “I would consider it.”

The writers note that Greg Abbott has yet to answer any questions on this subject. In a separate post, editorial writer Tod Robberson declared Davis “thoughtful and extremely well informed”. For those of you who might still be peeved at Davis for her statement about open carry, Robberson also noted that her primary opponent, Rey Madrigal, called himself “unabashedly anti-abortion”. Just thought you might want to know that. Finally, on a related note, Democratic Senate candidate Mike Fjetland came out for legalizing marijuana on Monday. It’s not just a Kinky Friedman issue anymore. Juanita has more.

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No ruling in Texas same sex marriage lawsuit

We’re going to have to wait to see if an injunction will be granted against Texas’ Double Secret Illegal Anti-Gay Marriage constitutional amendment.

RedEquality

A San Antonio federal judge issued no decision Wednesday in a request to bar the state from enforcing its ban on same-sex marriage.

The request for a preliminary injunction by two gay couples who sued the state of Texas in October is seen as a giant step towards marriage equality.

Plaintiffs Nicole Dimetman, her spouse Cleo DeLeon and Vic Holmes and his life partner, Mark Phariss, whom were featured in a story this weekend in the San Antonio Express-News, allege the 2005 ban is unconstitutional because it treats the LGBT community unequally.

“This is one of the most important things we’ve ever done,” said Dimetman, who married DeLeon in 2009 in Massachusetts. “We look forward to our day in court.”

Their suit rides a wave of change in the legal and social landscape. It is among more than 40 cases challenging same-sex marriage bans in more than 20 states, including some where federal courts have ruled that similar bans are unconstitutional. Two other suits are pending in federal courts in Texas.

The hearing Wednesday morning before U.S. District Judge Orlando Garcia lasted about two hours. Federal marshals had geared up in case there were clashes between supporters of gay rights and opponents, courthouse sources said.

“As we all know, no matter how I decide this, this matter is going to be appealed in time,” Garcia said, adding that any of the courts who have been dealing with same-sex marriage will make their way to the Supreme Court

To get a preliminary injunction, the plaintiffs would have had to convince Garcia that they are likely to win when the full lawsuit is litigated later and show that they are being harmed right now.

Judge Garcia said he would take the matter under advisement, but did not say when he would issue a ruling. Kind of an anticlimax if you ask me, but we’ll see how it goes. In the meantime, we did get a ruling on same sex marriage in Kentucky.

In a ruling that could open the door to gay marriage in Kentucky, a federal judge on Wednesday struck down Kentucky’s ban on recognizing valid same-sex marriages performed in other states, saying it violates the U.S. Constitution’s guarantee of equal protection under the law.

U.S. District Judge John G. Heyburn II joined nine other federal and state courts in invalidating such bans.

Ruling in a suit brought by four gay and lesbian couples, Heyburn said that while “religious beliefs … are vital to the fabric of society … assigning a religious or traditional rationale for a law does not make it constitutional when that law discriminates against a class of people without other reasons.”

Heyburn said “it is clear that Kentucky’s laws treat gay and lesbian persons differently in a way that demeans them.”

Citing the U.S. Supreme Court’s ruling throwing out the Defense of Marriage Act, Heyburn struck down the portion of Kentucky’s 2004 constitutional amendment that said “only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky.”

You can see a copy of the decision here. The judge did not rule on whether same sex marriages must be allowed to be performed in Kentucky, as that was not part of the lawsuit, just that Kentucky must recognize marriages that are performed in other states. Defenders or Kentucky’s ban on same sex marriage made the same tired arguments about “tradition” and procreation (Texas also made them), which Judge Heyburn swatted down. I’m sure this will be appealed, but for now chalk up another win for the good guys. So far, no federal judge has ruled against the plaintiffs in any of these lawsuits. I sure hope Judge Garcia won’t be the first. Equality Texas, Lone Star Q, and the Observer have more.

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We still need to reduce inmate headcount

The Harris County jail’s population is down from historic highs, but with the usual summer uptick coming, Sheriff Adrian Garcia has asked for a waiver to make some more beds available.

go_to_jail

State officials have rejected a request from Sheriff Adrian Garcia to increase the capacity of the Harris County Jail and said local leaders have not done enough in recent years to reduce the inmate population.

The inmate population at the state’s largest lockup has fallen in recent months after exceeding building capacity for the first time in two years last September, but the Sheriff’s Office says it is too close for comfort. The population is known to swell in the summer months by as much as 1,000 inmates, said spokesman Alan Bernstein, noting that Garcia’s request was intended to create some “flexibility” as county leaders work to reduce the jail population.

The building capacity of the county jail system is 9,434; the population on Monday was 8,814.

Garcia last week asked the Texas Commission on Jail Standards for permission to increase the number of supplemental beds used when the population swells, replacing 680 hard plastic cots with 1,064 metal bunk beds. He also asked that the jail still be able to use up to 100 mobile cots known as “boats” or “low-riders.”

The Texas Commission on Jail Standards agreed only to let Garcia replace the 680 cots with bunk beds to save 5,000 square feet of floor space, keeping the inmate capacity the same.

[…]

[Sen. John] Whitmire said one thing the county – its judges, in particular – is not doing that frustrates him the most is refusing to grant no-cost personal bonds to nonviolent offenders with relatively stable lives, something other large metropolitan areas in Texas are doing with increasing frequency.

Last month, 69 percent of the county’s 8,559 prisoners were pretrial detainees rather than convicted criminals serving sentences, according to the Criminal Justice Coordinating Council, which the county created in 2009 improve the justice system and help reduce jail overcrowding.

“There’s no basis not to allow a charged person that has a job, a family and a permanent residence, who is nonviolent, but can’t come up with $1,000, to go back to work and agree to show up next month,” Whitmire said.

Caprice Cosper, director of the coordinating council, said the pretrial detainees are “not necessarily the easy population people might want it to be,” noting that two preliminary analyses have shown that about 90 percent of those detainees who are there for longer than five days have higher-than-standard bond amounts, indicating they are not first-time offenders.

There should be no need to draw inferences about the offense history of these more-than-five-day detainees. We should have hard data available about them. And even if they are mostly repeat offenders, it doesn’t follow that they’re necessarily the kind of dangerous offenders that need to be kept off the streets before their hearings. Sen. Whitmire is correct about the lack of personal recognizance bonds, and about the reluctance by judges to find alternatives to incarceration for arrestees awaiting trial. It may be that we’re doing more than we might think, as Caprice Cosper suggests, but that doesn’t mean there isn’t more – a lot more, even – that we could be doing.

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Texas blog roundup for the week of February 10

The Texas Progressive Alliance is still learning the rules of team figure skating as it brings you this week’s roundup.

Continue reading

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Interview with Hugh Fitzsimons

Hugh Fitzsimons

Hugh Fitzsimons

In my previous interview, I mentioned that the two Democratic candidates for Ag Commissioner that I had spoken to were very different from each other. (There is a third candidate in the race, but I have not seen any evidence of campaign activity from him.) Where Kinky Friedman is his iconoclastic self, Hugh Fitzsimons is exactly the sort of person you think of when you hear the words “Texas Agriculture Commissioner”. A native of San Antonio, Fitsimons is a rancher on land that has been in his family for four generations, raising bisons and cultivating wild honey. A former history teacher, Fitzsimons has based his campaign on meeting Texas’ water needs and coping with climate change. His knowledge of the issues gained him the Chronicle endorsement for the primary. We covered a lot of ground in our conversation:

You can see all of my interviews as well as finance reports and other information on candidates on my 2014 Election page.

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Turner for Mayor 3.0

This is what you call a poorly kept secret.

State Rep. Sylvester Turner

State Rep. Sylvester Turner

Just three months after Annise Parker captured a final term as mayor, a major contender has declared his desire to succeed her in the City of Houston’s top job.

“You know I’ve had my challenges. I’ve come through them,” said State Representative Sylvester Turner.

In what can only be viewed as a warning shot aimed at other potential candidates Turner has let his intentions be known. The well regarded 25 year veteran of the Texas Legislature believes his key role writing and balancing state budgets equips him well to tackle Houston’s financial challenges.

At age 60, Turner stands ready to make his case.

“They have to believe that you will be there for this city, not for any one group, not for any one class of individuals, but you will be there for your love of this city. If you can’t convince them that what drives you most of all is your love for the city and your ability to move this city forward in a positive direction. Than you failed the test,” said Turner in an interview with Fox 26.

Barring a reversal of course this will be Turner’s third run for the Mayor’s office having narrowly lost to Bob Lanier in 1991 and later to Bill White in 2003. Having recently played a critical role in securing more than $300 million in additional funding for the state’s mentally challenged Turner believes it’s time to bring his consensus building back to the Bayou City.

Those of us that pay too much attention to this sort of thing have been hearing Turner’s name for awhile now. Makes sense for him to try again now if he’s still got a desire to be Mayor, as there’s no clear frontrunner to inherit the job from Mayor Parker. I’m sure he’ll make a strong contender, and I’m also sure no one who thinks he or she would make a strong contender themselves will concede the field to him. I have no doubt it will make for a great race next year once it gets going, but I’m with Texpatriate: it’s too damn early to start thinking about it. We haven’t even begun early voting for the primaries, for crying out loud. I’ll make note of it when someone makes an announcement, even if it’s just an “I’m thinking about it” announcement, but I have no interest in speculating or in reporting on any of the ridiculously early “polls” that have been floating around. Let’s get through 2014 before we spend too much time worrying about 2015. Greg has more.

Posted in Election 2015 | Tagged , , , , , | Comments Off on Turner for Mayor 3.0

Is it all over for the Harrisburg Line underpass?

Despite earlier agreement between Metro, residents, and the city to build an underpass for the far end of the Harrisburg line, it’s not looking too good for that option right now.

Residents of Houston’s East End supported a 2003 transit referendum that included a light rail line through their neighborhood, but they balked six years later when they learned of plans for a large overpass – a “hideous monstrosity,” in the words of one community leader – that would cross freight rail tracks along Harrisburg.

Two years of often contentious negotiations ensued as Metropolitan Transit Authority officials responded to concerns that the overpass would split the neighborhood and inhibit redevelopment. With the city of Houston as peacemaker and financial partner, Metro shelved its overpass plan in 2011 and agreed to build an underpass, winning the wary support of residents.

But now, as work on the so-called Green Line nears completion, the discovery of a vast area of gasoline-polluted soil appears to have scuttled the underpass plan, reopening a wound that Metro, the city and the neighborhood thought had been healed. The city’s $20 million stake in the project is in question, and transit officials are seeking community support for a plan likely to send the light rail trains over the Union Pacific tracks rather than under them.

The crossing is critical to extending the Green Line east of Hughes Road, planned to link downtown with the Magnolia Park Transit Center. The Green Line, which Metro is building with no federal assistance, is one of two Metro rail lines scheduled to open this fall.

“The most important thing is to complete the project,” said Metro board chairman Gilbert Garcia. “We are committed, and have told people we are committed, to go to the Magnolia Park Transit Center.”

See here, here, and here for the background. Apparently, the issue with the contamination has been known for a long time, but it’s only now that we’re hearing about its possible effect on the light rail construction. That’s unfortunate, given the way the folks in the area had to fight against the previous Metro regime against the overpass solution. It was only after the current Board was appointed by Mayor Parker, under then-CEO George Greanias, that Metro agreed to do an underpass, with some financial help from the city. At least this time Metro is thinking about how to mitigate the effects of an overpass.

Neighbors feared the overpass would be a “hideous monstrosity,” [Marilu De La Fuente, president of the Harrisburg Heritage Society] said, that would split the mostly Hispanic community in two, forcing some residents to take circuitous routes around a massive concrete divider.

Metro is working on plans that might soften the impact of an overpass.

Metro might be able to end the overpass before 66th Street, leaving that street open and giving the community a chance to petition for a traffic light at 66th and Harrisburg, officials said. And one design option would send the light rail tracks and two lanes of traffic over the freight line, while keeping a lane in each direction for street-level traffic and sidewalk access.

I hope they can work it out in a way that mollifies the residents. It’s awfully late in the game to be making this kind of change. Campos has more.

Posted in Planes, Trains, and Automobiles | Tagged , , , , , , , | 3 Comments

If we must have voter ID, let’s make sure people know about it

The Democratic Senators from Harris County write a letter to County Clerk Stan Stanart.

Still the only voter ID anyone should need

Still the only voter ID anyone should need

Three Houston state senators are asking Harris County officials to emulate Dallas County’s voter outreach efforts tied to Texas’ new voter identification law.

State Sens. Rodney Ellis, Sylvia Garcia and John Whitmire — all Democrats — wrote a letter on Monday to Harris County Clerk Stan Stanart, asking him to reach out to voters to “minimize any issues voters may encounter at the polls” because of the ID law.

The senators offered an example by pointing to Dallas County, which last month sent 195,000 notices to voters to alert them about the law’s provision that a voter’s name on a valid photo ID must exactly match the name listed in the voter registration database.

“With a county as large as Harris County, there is no reason why we should not be able to take the same proactive measures to ensure that our constituents’ constitutional right to vote is adequately protected,” wrote the senators, who made a similar request last year.

[…]

In Dallas County, it has taken elections officials several months to comb through databases and flag voters who might have problems. And it’s going to take officials a few more months to complete the additional outreach approved by county commissioners.

But in Harris County, the senators said they were hopeful something still could be done there before the March primary.

“Time is of the essence as the March primaries are fast approaching and high voter turnout is anticipated,” the senators wrote.

You can see the letter at the link above. Dallas County has already spent a bunch of money on voter outreach. I don’t know how much Harris County has spent, but I’ll bet it’s nowhere near that much. We already know that Harris County has had issues with how the law has been enforced, and that was in a low turnout odd year election. Surely we’d like to improve that experience and minimize inconvenience and wait times for voters, right? Houston Politics has more.

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

Interview with Kinky Friedman

Kinky Friedman

Kinky Friedman

We come to my last set of interviews for the primary season, the Democratic race for Ag Commissioner. Some primaries feature candidates that don’t differ all that much. This race is not one of those. Making his second run for Ag Commissioner and third statewide campaign is musician/comedian/entrepreneur Kinky Friedman. As you’ve likely heard, Friedman has based his candidacy on advocacy for the legalization of marijuana. He’s passionate and sincere about it, but it’s fair to say that he faces a skeptical primary electorate, given his 2006 run for Governor as an independent. I’ve certainly been one of those skeptics, but in a year with an open seat and an opponent that will likely have no statewide profile, he might be in a good position to leverage his celebrity and his unorthodox issue advocacy for good. These were the things we discussed in the interview:

You can see all of my interviews as well as finance reports and other information on candidates on my 2014 Election page.

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

Hearing for the Texas federal same sex marriage lawsuit is tomorrow

All eyes will be on San Antonio on Wednesday.

RedEquality

Like most new parents, Nicole Dimetman and Cleopatra De Leon plan their days around their small child. Theirs is an ordinary family life, they say, but it is by no means easy.

Although married in 2009 in Massachusetts, where same-sex marriage is legal, they live in Texas, a state that doesn’t recognize their union. When De Leon delivered their child in 2012, Dimetman’s name wasn’t allowed on the birth certificate.

“There was that time period that I was the only parent,” De Leon said, a situation that never affects married heterosexual couples. “If something happened to me during his birth, he would have been considered an orphan.”

In October, the women, along with another couple, filed a federal lawsuit in San Antonio challenging the state’s ban on same-sex marriage. On Wednesday, they will go before U.S. District Judge Orlando Garcia, who will consider a preliminary injunction, a court order that would bar Texas from enforcing the ban while the suit continues to be litigated.

As the nation’s second-most populous state, “any decision that affects the marriage equality in Texas has national implications,” said San Antonio-based attorney Neel Lane, who represents the couples.

Indeed, the implications of the Texas cases could transform the national debate over gay marriage.

[…]

To prevail on the injunction request, the couples have to show they are likely to win when the full suit is litigated, and that they “are being harmed right now,” according to attorney Lane.

“Our belief is the arc of equal protection cases … points directly to recognizing that people have the right to marry regardless of gender,” Lane said. “Gays and lesbians are not afforded access to marriage and all the benefits from it. That is a denial of equal protection of the law. It is unequal when some people are not permitted to do what most others are permitted to do. And there’s no basis for denying them that right.”

See here and here for the background on the Texas case. As you can see from the latter link, I was rather pessimistic about this at the time that the hearing date was set. Then along came the rulings in Utah and Oklahoma and Ohio, and the decision by Virginia AG Marc Herring to not defend that state’s law, and just like that things look a whole lot different. There’s still a ton of decisions to be made, by the district court in Virginia and the appeals court for Utah and Oklahoma. Ohio, the site of a narrower decision concerning death benefits, is now on the clock with its own lawsuit (via Scalzi). And I’d still bet money on the Fifth Circuit Court of Appeals doing something hideous when they get the opportunity to weigh in. But it’s clear that the ground has shifted, and that the plaintiffs have by far the stronger argument. I don’t know what’s going to happen in court tomorrow, but it’s mind-boggling to think that we’re at this point barely eight years after that horrible, discriminatory amendment was passed. I truly hope we can start the countdown till its final day. Lone Star Q has more.

UPDATE: And late yesterday, the Democratic Attorney General of Nevada, with the agreement of the Republican Governor of Nevada, has announced the state will not defend its ban on same sex marriage against litigation there. Another nail in the coffin.

Posted in Legal matters | Tagged , , , , , , , , , , , | 5 Comments

School finance retrial wraps

We’re back where it all began.

The Texas Legislature failed to bridge funding gaps between wealthy and poor school districts despite partial restoration of funds that were cut, lawyers representing schools told a state district judge Friday.

“They have put a Band-aid on a Band-aid on a Band-aid,” said Rick Gray, attorney for the Texas Taxpayer Student Fairness Coalition, during closing arguments in the second phase of a school finance trial. “We have a constitutionally and fundamentally broken system, and it’s time that that be repaired and be repaired on a non-Band-aid approach.”

State lawyers countered that previous actions have addressed the plaintiffs’ concerns and the system is constitutional.

Hundreds of schooldistricts sued the state in 2012 after the Legislature cut $5.4 billion from public school funding during the 2011 session.

State District Judge John Dietz ruled the finance system unconstitutional last February. He reopened the trial in January to examine the effects of House Bill 5, an overhaul of the state’s graduation standards passed by the Legislature in 2013, and the state’s new biennial budget, which injected about $3.4 billion back into the school finance system.

Dietz could rule by mid-March.

It remains the case that public education is down $2 billion from the 2009 budget, and that’s before factoring in enrollment growth. It remains the case that many property-poor districts receive far less money per pupil than many property-rich districts despite having a higher property tax rate. It remains the case that the state of Texas thinks everything is hunky dory, just as it was in 2011 after $5.4 billion had been cut from public ed. And it remains the case that it will ultimately be the State Supreme Court that settles this. Assuming there isn’t a settlement, of course.

Sen. Wendy Davis

Sen. Wendy Davis

State Sen. Wendy Davis, the leading Democratic candidate for governor, called on her likely Republican opponent Monday to use his power as Texas attorney general to settle a massive school finance lawsuit instead of defending the troubled funding system in court.

“Attorney General Greg Abbott continues to defend the indefensible,” the Fort Worth Democrat said at an Austin news conference. “He’s wasting time and taxpayer money on a frivolous lawsuit that hurts Texas.”

[…]

Davis said Monday that Abbott should have instructed the Legislature last year how to avoid the litigation. She said lawmakers could have avoided cuts that she said caused teacher layoffs, increased classroom sizes and led to the elimination of vital programs.

“As our lawyer, it was Greg Abbott’s job to come and work with the Legislature to stave off yet another lawsuit. We knew that this lawsuit was coming,” Davis said. “And yet Greg Abbott remained silent.”

The Davis campaign distributed a memo outlining past cases in which the state settled litigation, ranging from prison overcrowding issues to redistricting. It was written by Dave Richards, who has been tangling with Texas in court for decades on issues including civil rights and voting rights. (Richards is the ex-husband of the late Gov. Ann Richards).

“Texas’ Constitution and case-law provide clear precedent that establishes the attorney general’s discretionary power to settle cases,” Richards wrote. “Based on precedent, past actions and any informed interpretation of law, it is absolutely within the power of the attorney general to settle cases of this nature.”

Davis was asked during the news conference how Abbott would settle a case that ultimately requires legislative action. She said he should advise lawmakers, probably in a special session, to consider changes to the complicated school finance system.

I don’t think that would be terribly complicated, but it ain’t gonna happen. As has always been the case, Texas will have to be forced to do what is right. My guess is that Judge Dietz will rule in substantially the same was as he did last January, which is to say in favor of the plaintiffs on all counts. This time he’ll release a full opinion, which will be for the Supreme Court to suss out. Just keep in mind that if the ruling I think Dietz will deliver is upheld, the Legislature is going to have to find billions of dollars more for public education. Who do you trust as Governor to work with the Legislature to do that? The Observer and BOR have more.

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Where to see Bigfoot

And by “Bigfoot”, I mean whatever the huckster Rick Dyer has faked up to look like a “Bigfoot”. Be that as it may, the place to go is the Alamo Drafthouse.

Steve Austin knows the truth

Anyone who doubts a Texas man’s claim that he shot Bigfoot near San Antonio will have a chance, two actually, to check out the carcass at close range.

Rick Dyer, who says he shot the ape-human creature in 2012, is scheduled to make two evening appearances later this month at Alamo Drafthouse Cinema.

At 7:30 p.m. Feb. 24, Dyer will be at the Mason Park location, 531 S. Mason Road in Katy, and at 7:30 p.m. Feb. 25, he will be at the Vintage Park site, 114 Vintage Park Blvd., in northwest Houston.

The $20 admission includes a “mystery” Bigfoot movie to be announced and a 30-minute Question-and-Answer session with Dyer, to be moderated by a comedian, said Alamo Drafthouse programming director Robert Saucedo.

“We’re guaranteeing audience members are going to get their money’s worth in entertainment and have an amazing time,” Saucedo said Thursday. “We’re going to go all out to make sure no stone is unturned to offer up a fun event. After that, it’s up to the audience member to make up their own mind, whether Mr. Dyer is (for) real or not.”

Saucedo said he hadn’t yet seen the Bigfoot carcass, which Dyer described as being in a glass coffin.

“He’s talked about how he has some kind of refrigerated trailer,” Saucedo said. “I still need to work out the details about how we’re going to display it in our theater. I know the audience will have a change to get up close and take a look at this creature.”

See here and here for the background, and here for the Alamo Theater’s take. They’re selling this as entertainment, and I can’t argue with that. If anyone reading this does go, by all means tell us about it afterward.

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Interview with Rep. Mary Gonzalez

Rep. Mary Gonzalez

Rep. Mary Gonzalez

We’re one week out from the start of early voting, and barring anything unexpected the interviews I present this week will be the last ones I do for the primary cycle. I’ll have interviews with two of the Democratic candidates for Ag Commissioner later, but today I’m stepping away from Houston and going all the way to El Paso to visit with Rep. Mary González, who is serving her first term in HD75. I’ll just come out and say that I’m a fan of Rep. González, who won a grassroots and unabashedly progressive campaign in 2012 and quickly made a name for herself as a smart and dedicated fighter of the good fight. I’m hardly her only fan – she was named “Freshman of the Year” by MALC, and she drew many positive profiles for her work during the session. I think she has a great future ahead of her, but first she has another primary to win, as she drew a Democratic opponent. Here’s what we talked about:

You can see all of my interviews as well as finance reports and other information on candidates on my 2014 Election page.

UPDATE: Lone Star Q listened to the interview and transcribed a little bit of it.

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Gallup’s poll of Latinos in Texas

I have four things to say about this.

Texas Hispanics are decidedly Democratic in their political party preferences, 46% to 27%, but that 19-percentage-point Democratic advantage is much smaller in Texas than the average 30-point gap Democrats enjoy among the Hispanic population in the other 49 states. And white Texas residents are decidedly more Republican (61%) than the average among whites residing in other states (48%), complicating whether Texas will turn into a “blue” Democratic state in future elections.

Political Preferences by Race

With an increasingly large minority population, including the second-largest Hispanic population of any state, Texas has the potential to see a once-in-a-generation political re-alignment, which could transform the nation’s largest reliably Republican state.

These latest results come from 2013 Gallup Daily tracking poll data, which consists of 16,028 Hispanics nationwide, including 2,536 Hispanics residing in Texas. The Lone Star state is experiencing significant changes in its population — it is one of the top destinations for state to state migration — and these data provide a crucial, updated look into Texan Hispanics’ political preferences over the past year.

Texas holds a gubernatorial race this year, and some Democratic operatives are hoping Texas’ evolving demographic makeup will allow them to more effectively compete for the governor’s mansion. In 2010, Gov. Rick Perry was re-elected handily, defeating his Democratic opponent by 13 percentage points.

In Texas, GOP Making Small but Meaningful Gains With Hispanics

Relative to 2008 — the year of President Barack Obama’s landslide presidential victory — Texan Hispanics have gradually become more Republican, even as the percentage of Hispanics identifying with or leaning toward the Republican Party has remained relatively stable nationwide. The six-percentage-point gap between the percentage of Texan Hispanics and Hispanics living in all other states who identify or lean GOP is the highest it has been in over six years.

Hispanic Party Identification, Republican Party

Meanwhile, Hispanics living in Texas have followed the broad national trend in terms of primarily identifying as Democrats. The 46% of Texan Hispanics who now lean or identify Democratic is seven points below the 2008 crest; by contrast, U.S. Hispanics living in the other 49 states report support of the Democratic Party that has declined by a slightly smaller four points between 2008 and 2013.

Hispanic Party Identification, Democratic Party

1. I presume this was a poll of registered voters. It would have been interesting if they had also asked about how often they voted in recent elections. There’s polling evidence that suggests lower-propensity Hispanics are almost as strongly Democratic when they do vote as African-American voters, while higher-propensity Hispanics are considerably less Democratic than Hispanic voters as a whole. Would have been cool to have gotten another data point on that. Be that as it may, it remains the case that Latinos heavily favor Democratic candidates, and even if the gap is smaller than it is nationally, there’s nothing to suggest that boosting turnout among them would be anything but an unalloyed good for Dems. And on a side note, at least this poll may mean that it will be cited as the “official” level of Latino support for the GOP in Texas, and not whatever figure Mike Baselice retrieves from his nether regions. For that and that alone, this is a good result.

2. I’m deeply suspicious of that 20% “Independent/No Lean” number. There’s scads of evidence nationally to show that the number of true could-go-either-way indies is tiny, and they’re usually a proxy for the less engaged folks that just plain don’t vote much. Again, an additional question or two about recent voting history, broken out by R/D/I would have been instructive. If I had to bet, I’d say some of these respondents don’t vote much, and some others may just be mad at their party for whatever the reason and refuse to identify with them. Self-declared party ID moves around a lot more than actual voting behavior.

3. As far as the poll result goes, I think the level of Latino support for Republicans is about right, but I’m not sure about the trend. I’ve discussed this topic ad nauseum, so let me just cut to the chase and say that by every indicator I’ve examined, the level of support for Democratic candidates in Latino areas went up from 2008 to 2012, not down. I’ll repeat myself one more time and say that some questions about actual voting behavior would have shed a lot more light on this survey. Being me, I couldn’t leave it at this and got to wondering if there were some other way to corroborate or contradict the evidence from this poll. What I came up with was to look at the level of Republican primary voting in some heavily Latino counties. Here are the numbers:

GOP primary turnout County 2008 2010 2012 ===================================== Cameron 4,822 4,601 5,311 El Paso 18,727 15,386 11,556 Hidalgo 5,753 5,015 6,401 Webb 1,232 1,224 1,189 Total 30,534 27,221 24,457 Registered voters County 2008 2010 2012 ===================================== Cameron 167,656 171,024 174,077 El Paso 372,000 375,128 371,321 Hidalgo 290,454 290,097 291,724 Webb 100,606 105,012 106,579 Total 930,716 941,261 921,701

Let’s be clear, this is an extremely crude measure. I wouldn’t use this to make a point, I’m just looking to see if there’s any correlation to the Gallup charts. The answer appears to be “not really”. The numbers ticked up in Cameron and Hidalgo, and declined in El Paso and Webb. Note that even in these predominantly Latino counties, the people casting these GOP primary votes could still be majority Anglo. We just don’t know. All I can say is that this tidbit of anecdotal evidence neither corroborates nor refutes the hypothesis. I’d need a much more precise measuring tool to be able to say.

4. While the Latino support for Republicans feels about right to me in this poll, the Anglo support for Republicans feels a little low. I’d have pegged it closer to 70%, based on polls and results from 2012. I have a hypothesis that will drop a couple of points post-Obama, but that’s just intuition, not based on any empirical evidence. I do think Wendy Davis et al will need to chip into that if she/they want to have a shot at winning this fall. I think if the Rs are getting only 61% of the Anglo vote in November, they could be in trouble.

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More on Texas Left Me Out

The Observer reports on the launch of Texas Left Me Out.

Members of the coalition pointed to two different studies that estimate that thousands of uninsured Texans with chronic conditions are likely to die as a result of not expanding Medicaid.

A Harvard University/CUNY study released last week predicts between 1,840 to 3,035 deaths. Another study, by a University of Texas Medical Branch researcher, projected approximately 9,000 preventable deaths per year. Dr. Robert Luedecke of Doctors for America, a national coalition for healthcare reform, said the death toll associated with the uninsured is something many lawmakers won’t talk about.

“What would people do if they didn’t have health insurance?” Luedecke said of critically ill patients who put off seeing a doctor because they can’t afford it. “They would just die—that’s what they’d do.”

Linda Berman, 63, is one of those who says she’s been left out by Texas. She’s languishing in the coverage gap while dealing with diabetes and high-blood pressure. As a small business owner teaching Science, Technology, Engineering and Mathematics (STEM) skills to kids through a traveling workshop, Berman said she’s left with little to no taxable income at the end of the year. The cheapest individual private plan she’s found comes with a $450 monthly premium—out of her price range. She makes too little to qualify for subsidies on the marketplace and she’s never been eligible for Medicaid under Texas’ strict eligibility standards. Two years ago, Berman racked up $70,000 in medical debt after she was hospitalized.

“I knew I had no money to pay for [the visit] but had I not [paid out of pocket], they wouldn’t have saved my life,” Berman said.

Not long after her hospitalization, a debt counselor told her that she would never be able to pay off her medical debts. Berman soon filed for bankruptcy. The hospital was left holding the bill.

“People without insurance don’t get preventative care,” Berman said. “You don’t die of diabetes, you die of complications.”

See here and here for the background. The Trib also tells Ms. Berman’s story, and adds this extra bit of context to the situation.

State Rep. John Zerwas, R-Richmond, who led efforts to craft “a Texas solution,” said he hoped that the period between legislative sessions would give lawmakers a chance to work on a road for reform. However, he said he wasn’t sure that this particular coalition would have a significant impact, and he said a coalition of businesses concerned with health care issues would have a stronger impact. He said a business-focused coalition would “resonate especially with the conservative Legislature.”

Texas has declined billions of dollars from the federal government to assist with Medicaid expansion and will lose $100 billion in federal funds over a 10-year span, according to a report by Billy Hamilton, a tax consultant and former deputy comptroller, for Texas Impact and Methodist Healthcare Ministries of South Texas Inc. The federal government would cover 100 percent of the Medicaid expansion enrollees’ health care costs from 2014 to 2016, then gradually lower its share of the costs to 90 percent over ten years, resulting in 10 percent of financial responsibility for the state by 2020.

The Texas Association of Business, local government officials, and the state’s largest medical associations, including the Texas Hospital Association, and Texas Medical Association, pushed lawmakers to expand Medicaid during the 2013 session, but the issue still failed to gain traction among Texas’ conservative leadership.

Rep. Zerwas has been an honorable actor in this saga, but I don’t know what he’s talking about here. Look at that last paragraph and the supporters of Medicaid expansion in it. If that’s not a sufficiently business-focused coalition to resonate with the Lege, who else is there? We need a change of leadership at the top. That’s the only way this is moving forward.

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KIPP departs Galveston

I have two things to say about this.

The popular KIPP charter school chain is pulling out of Galveston, where it operates two campuses with about 900 students combined under a contract with the school district.

Because of statewide school funding cuts, Galveston ISD superintendent Larry Nichols said, the district has dipped into savings over the last few years to foot the bill. This is unfair to taxpayers and other Galveston students, Nichols said.

Galveston ISD paid KIPP $5.5 million this year – about $1.5 million more than it would have spent on those students in district-run schools.

“It became kind of an equity issue,” Nichols said. “I’m a fan of KIPP, but we’ve got to live within the budget.”

[…]

The Costal Village elementary and middle schools opened in the months following Hurricane Ike in 2008 to help draw families back to the island. After the contract was negotiated, the 6,800-student Galveston ISD lost $7.4 million in state funding for the biennium in 2011. About $1.7 million was restored by the Legislature last year, Nichols said.

“The original agreement was no longer workable after GISD had to live with quite a bit less money,” the superintendent said.

KIPP leaders said they couldn’t maintain their model, which includes a longer school day and year, for less money. The charter chain spends about $6,200 per student in Galveston, compared to Galveson ISD’s $4,623. And KIPP’s costs were higher earlier in the contract, officials said.

There’s no way to close a gap that large, leaders agreed.

“We kind of both said ‘uncle,’ ” KIPP co-founder Mike Feinberg said. “This doesn’t have any solution on the horizon.”

1. The failure of KIPP to stay in Galveston is a direct consequence of the $5.4 billion that was cut from public education in the 2011 budget, the failure to restore those cuts in 2013 despite a huge surplus, and the failure in general to adequately fund public education in Texas. Republicans own this failure, as they are the ones that are responsible for those cuts, even as they claim to be advocates for “school choice” and a greater role for charter schools in Texas. Dan Patrick, the Chair of the Public Education Committee in the Senate last session, owns this failure. Greg Abbott, who continues to defend the $5.4 billion cuts to public ed in court, owns this failure. Every Republican legislator that voted for the 2011 budget owns this failure. Every Republican legislator and candidate that isn’t advocating for restoring full funding to public education and doing whatever it takes to adequately and equitably fund it going forward owns this failure.

2. Wouldn’t it be nice to know how much better the rest of Galveston’s schools could be if they had received that extra $1600 per student that KIPP had been getting? Maybe now that GISD isn’t writing a check to KIPP it can take some of that money that it would have spent on KIPP and spend it on the rest of their students.

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