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Black Lives Matter

Dragging Dutton

Richly deserved.

Rep. Harold Dutton

Houston area political action groups, activists, and unions gathered outside the office of Democratic state Rep. Harold Dutton Jr. on Tuesday to call for his resignation.

“It’s better if he goes now than in the next election,” said Alexis Melvin, president of the Houston-based nonprofit Transgender Foundation of America.

“We the Houston community are here to call for the resignation of Harold Dutton for his attacks on education but more specifically his attacks on transgender kids,” said Brandon Mack, an organizer with Black Lives Matter Houston.

The fury stems from a bill Dutton revived and voted in favor of last week, Senate Bill 29. The legislation would prohibit trans youth from playing on sports teams consistent with their gender identity.

[…]

The Tuesday press conference and protest was organized and attended by major political groups in the Houston area, including the Houston GLBT Political Caucus, Houston Federation of Teachers, Black Lives Matter Houston, Indivisible Houston, Texas Gulf Coast Area Labor Federation, and others.

“In the labor movement, we say an injury to one is an injury to all,” said Ashira Adwoa an organizer with the Houston Federation of Teachers. “When your civil rights are under attack, we will speak out with you.”

Adwoa said Dutton should instead focus on making housing more affordable in his district, and pull funding from charter schools to finance smaller class sizes and more wraparound services in public schools.

“This school year has been traumatizing to students, and we need to help them recover from this pandemic,” Adwoa said.

Hany Khalil, executive director of Texas Gulf Coast Area Labor Federation, described Dutton’s behavior as shameful.

“Dutton didn’t vote for SB 29 when it first came up in committee because he knew it was a terrible, hateful bill,” Khalil said. “He knew it would hurt vulnerable kids. And so he used it as a cudgel to go after legislators who stood up to him and his attempt to strip democratic power from our schools.”

“Trans kids deserve to be safe and loved, just like all of our kids,” Khalil continued. “And they’re not pawns — they’re not pawns to be sacrificed in a disgusting game of legislative chess.”

See here for the background. Rep. Dutton has served for a long time, and while we have seen our share of Houston-area Democratic State Reps get bounced in primaries, mostly during the Speaker Craddick era, it’s not an easy thing to do. None of the groups present were Dutton supporters before – certainly not in 2020, when Dutton had to win in a runoff against Jerry Davis – so the work of building a sufficiently large coalition to oust him still needs to be done. The starting energy is good, and the cause is just. There remains a long way to go.

One more thing:

“I am hopeful that he doesn’t just get one primary challenger but a whole team of them,” [Houston GLBT Political Caucus President Jovon Alfon B.] Tyler said.

With all due respect, I don’t think that’s the best path to beating Dutton. Find one strong candidate that everyone at that demonstration can line up behind, and go from there. The problem with a stampede is that you’ll have too many people expending effort and resources in competing directions. There’s a real risk the same energy wouldn’t carry over into a runoff, as one would likely be needed in such a scenario. Join forces and unite behind one champion, that’s my advice.

Introducing the George Floyd Act

Coming this spring to the Legislature.

Black lawmakers at the Texas Legislature unveiled on Thursday the George Floyd Act, a sweeping police reform proposal that would ban chokeholds across the state and require law enforcement officers to intervene or render aid if another officer is using excessive force while on the job.

The legislation, spearheaded by members of the Texas Legislative Black Caucus, is named after Floyd, a Black man killed in Minneapolis police custody. Floyd died after a white police officer knelt on his neck for several minutes until and after he lost consciousness.

His death in May set off protests across the country and renewed debate over police brutality and racial inequity. And at the Legislature, which is set to meet again in January 2021 for a regular session, Floyd’s death has sparked new calls for policing and criminal justice reforms — including proposals that have failed at the Texas Capitol in recent years, often after opposition from police unions.

“We acknowledge that the road to justice in Texas — particularly for Black and brown people in Texas — has been fraught with dead ends, dead ends of white supremacy, racial hatred and bigotry,” state Rep. Harold Dutton, a Houston Democrat who chairs the caucus, said as he kicked off a virtual press conference, which included Floyd’s youngest brother, Rodney Floyd. “These dead ends have to go — and particularly the dead ends that relate specifically to law enforcement.”

The bill would also address qualified immunity, which shields government officials from litigation, by allowing civil lawsuits at the state level “for deprivation of rights under color of law,” according to a caucus summary of the legislation. Another provision would end arrests for fine-only offenses like theft under $100, a version of which died dramatically in 2019 after union opposition.

“Those police officers who do wrong by unlawfully harming our families or our constituents, who violate the constitutional rights of others, will be held accountable and legally liable for their actions,” said state Rep. Shawn Thierry, D-Houston.

It’s unclear if the outcry sparked by Floyd’s death will provide enough momentum in 2021 to push past resistance from law enforcement and unions. It’s also unknown whether the legislation will win Gov. Greg Abbott’s support, which would be crucial in turning it into law.

Abbott has previously said he is committed to working with Floyd’s family on legislation, and has even floated the possibility of a George Floyd Act at the Legislature. While he has not offered specifics on what proposals he would support, Abbott has emphasized a proposal that has also been pushed by police union officials: strengthening law enforcement training before officers are allowed to go on patrol.

It’s still too early to pre-file bills, since after all we don’t know for sure who will be serving in the next session, but it’s never too early to announce them. The Chron adds some details.

Groups including the Texas NAACP, Mothers Against Police Brutality, ACLU of Texas, Texas Coalition of Black Democrats, Black Lives Matter Houston and Texas Organizing Project have already thrown their support behind the bill.

Gov. Greg Abbott has publicly condemned Floyd’s death and promised to work with state legislators to pass reforms, though he did not discuss specifics. State Rep. Senfronia Thompson, D-Houston, and state Sen. Royce West, D-Dallas, who plan to carry the legislation, said Thursday they had not yet spoken with Abbott about it.

“It would be a great signal if he made this an emergency item and that we pass this in the first 90 days of the Legislature,” said state Sen. Royce West, D-Dallas. “Hopefully he will partner with us on this legislation.”

The 19-member caucus that introduced the bill Thursday includes a single Republican, Rep. James White of Hillister.

While some local police and sheriff’s departments have implemented some tenets of the bill, such as requirements for officers to attempt de-escalation before using force, none of them are required for all 2,000 police agencies in Texas.

Further, the bill would require officers to demonstrate that they use lethal force only when in “imminent threat of serious bodily injury or death” or when “no other lesser level of force could have worked” and their actions present no risk to bystanders, according to a draft of the law that the caucus released Thursday. The use of force must stop as soon as the threat diminishes.

The bill states that “all force must be proportionate to the circumstance and the seriousness of the offense … and must be accompanied by (an) attempt to de-escalate.”

[…]

Charley Wilkison, the executive director of CLEAT, one of the largest law enforcement union in the state, said his organization is open to many of the concepts in the proposed bill, including banning chokeholds and ending arrests for fine-only offenses.

Other areas may require a more nuanced conversation, such as qualified immunity, as Wilkison said he believes it allows enough latitude — “It’s ‘qualified’; it’s not blanket” — under current law for citizens to sue officers for misconduct. Wilkison said he agrees with setting a statewide use-of-force policy, as long as officers retain discretion.

“If we’re allowed to be in the chain of communication, we’ll share and do our due diligence to take honest action in the Legislature,” Wilkison said.

As both stories note, some of what is in this proposed bill had been in the Sandra Bland Act originally. I don’t know that Abbott will care enough to make this bill an emergency item, but I do expect that he’ll support some form of this, and I do expect that something will pass. It’s mostly a question of how much of the bill as filed makes it to the finish line, and whether anything that is less desirable makes it in along the way. The potential for messiness, heated debate, and at least one idiot member of the Freedom Caucus saying something deeply stupid and offensive is quite high. But in the end I do expect something to pass, and we’ll feel good about what we do get. The question is how good, and how much more there will be to do in a future session. Reform Austin has more.

Kaylynn Williford

Goodbye, and good riddance.

The head prosecutor for Harris County District Attorney Kim Ogg’s trial division resigned Monday after posting a meme on Facebook last week that equated protesters who remove Confederate statutes with Nazis.

The meme posted by the veteran prosecutor last week shows a black-and-white photograph of hands holding an overflowing bin of rings.

It says, “Wedding bands that were removed from Holocaust victims prior to being executed, 1945. Each ring represents a destroyed family. Never forget, Nazis tore down statues. Banned free speech. Blamed economic hardships on one group of people. Instituted gun control. Sound Familiar?”

Assistant District Attorney Kaylynn Williford said in a statement that she took down the post after a friend’s daughter and later a Jewish lawyer told her they found it offensive to compare the two groups. Williford, a 28-year-veteran of the office who has tried major capital cases, said this was never her intent.

She posted it, she said, because she thought it was “thought provoking and promoted tolerance.”

You can see what she posted in that earlier story, which came out over the weekend. I held off on posting about this mostly because I wanted to see what the reaction from the DA’s office was going to be first. A group of Democratic State Reps had called for her resignation earlier in the day, and eventually got what they asked for. All I can say is that if Kaylynn Williford really truly had no idea that her stupid image was offensive and why it was offensive, then she should have been fired years ago and should never get on Facebook again. Even if you were to somehow grant her some kind of Sleeping Beauty-level exemption for deeply childlike innocent ignorance, the controlling principle of “don’t post political shit to Facebook if you don’t understand it” should apply. You know the old saying about how it’s better to keep silent and be thought a fool than open your mouth and remove all doubt? It was for situations like this that it was first uttered. Keri Blakinger has more.

UT athletes take a stand

Good for them.

Several athletes at the University of Texas at Austin are refusing to participate in recruiting incoming players or show up at donor-related events if university and athletics officials fail to respond to a list of demands geared toward supporting black students, according to a statement posted Friday afternoon by dozens of the student athletes on Twitter.

Brennan Eagles, the school’s sophomore wide receiver, and Brandon Jones, a senior defensive back, were among the students who posted the statement, detailing a list of actions Longhorn athletes want the university’s athletics department to take. These include donating 0.5% of the department’s annual earnings to the Black Lives Matter movement and black organizations, establishing a permanent black athletic history exhibit in the Athletics Hall of Fame and renaming parts of the football stadium after Julius Whittier, the first black football letterman at UT-Austin.

In addition to demands specific to the athletics department, athletes also want UT officials to rename campus buildings named after Texans who were proponents of segregation or held other racist views, remove a statue of prominent segregationist James Hogg and discontinue the school song, “The Eyes of Texas,” which has ties to minstrel shows and was created during segregation. Other calls to action include requiring a module on the history of racism at UT and increasing outreach efforts to inner-city schools in Austin, Dallas and Houston.

“We, as student athletes, and collectively as the University of Texas Longhorn football team, are aware that we are an athletic department made up of many black athletes, and believe that it is time we become active on our campus,” the statement reads.

Athletes will continue to practice and participate in workouts and team activities this summer but are asking for a “plan for implementation” before the fall semester begins.

[…]

After a widely circulated petition and statements from more than 100 student organizations, the larger UT student body sent a letter detailing student demands to interim President Jay Hartzell earlier this week. Their requests mirror those of the athletes — students want UT to “acknowledge its racist history” by renaming seven campus buildings and structures, removing the Hogg statue and discontinuing the school song.

Additionally, they are asking UT to cut ties with the Austin Police Department and campus police and adopt inclusive practices in recruiting and selecting UT faculty. UT leadership said it would respond to those demands in the coming weeks.

“We are aware of three petitions created by students and look forward to working with them and the UT community to create the best possible experience on our campus for Black students,” UT spokesperson J.B. Bird said in an email.

Like I said, good for them. My guess is UT will concede on a few things but not everything. I have a really hard time imagining that “The Eyes of Texas” will stop being the school song, but you never know. I hope some other school’s athletes are looking at this and getting their own ideas. The Chron has more.

We now have data about police shootings of civilians

The Chron reviews the first year’s worth of data.

Rep. Eric Johnson

Rep. Eric Johnson

Texas police reported shooting 159 people in the first year that the state tracked such cases under a groundbreaking new law. Officers in Houston shot 31 of them – compared to eight in San Antonio and Dallas and five apiece in Fort Worth and Austin.

Houston’s share of officer-involved shootings has been disproportionate – even when considering its size as the state’s largest city – compared to other Texas police departments.

The last year of incidents here involved dozens of tragic scenarios, from shootouts with heavily armed criminals to shootings of unarmed civilians. An unarmed man was shot after he was pushed into an off-duty HPD officer working security at a bar. A man with a gun who his wife later said had gone out to “look for his horse” was shot and killed by two Houston officers. A mentally ill veteran who opened fire on a neighborhood on Memorial Day weekend and shot seven was killed by a Houston SWAT sniper.

Each incident should be examined separately and no conclusions should be drawn from numbers alone, said former Houston Police Chief Charles McClelland, whose former agency was involved in most Houston cases. Police agencies differ in patrol strategies, policies and frequency of violent arrests, and the data should prompt further study of the actions of officers and suspects alike, he said.

“All of us in law enforcement and the media must get this right for the public,” he said. “A department’s entire reputation and relationship with its community may rest on this single issue.”

While many shootings involved armed clashes between civilians and police, some of the most troubling episodes revealed in the new Texas records involved officers shooting juveniles or killing unarmed adults suffering a mental health crisis. Statewide, 20 percent of those shot in the last year were unarmed.

[…]

In 2015, Rep. Eric Johnson, an African-American Democrat from Dallas, was so troubled by the debate over disproportionate use of force against minorities that he championed a reform to gather more information about all officer-involved shootings. Johnson sought to pass a law because of his own experiences “as an African-American male who notices that we have an interesting – statistically speaking – relationship with law enforcement.”

He initially sought to collect more data but later agreed to omit identifying information about officers and to require reports when police are shot by civilians.

“If you’re going to collect data on shootings, then be fair,” said Charley Wilkison, executive director of the Combined Law Enforcement Associations of Texas. “Did the officer believe the person had a gun? Was the officer in a struggle? We didn’t want this to turn into a ‘gotcha’ aimed directly at officers.”

Officers reported killing 71 people and injuring 88 in the first year. And that data already shows that something Johnson suspected is true: 28 percent of those shot were African-American, though African- Americans make up only about 12 percent of Texas’ population. Of the rest, 28 percent were Hispanic and 43 were Anglo, according to reports filed by police.

During the same period, 21 law enforcement officers were reported shot by civilians, and the fatal shootings of two other officers went unreported to the state. Including those two, at least seven were killed – five died in Dallas after an African-American sniper opened fire just after a peaceful Black Lives Matter march in Johnson’s hometown. The shooter, an Afghanistan war veteran, was killed too.

Racial disparities also show up in the state’s in-custody death reports. According to research by Amanda Woog at the University of Texas, 27 percent of the 1,118 people who died in police custody in Texas from 2005-2015 were African-American.

“While this data cannot tell us why these numbers have increased so drastically, it does alert us to the problem of increasing fatalities in police encounters in Texas,” Woog said. “Without such data, the national conversation around people dying in police custody – in particular black people – has been largely anecdotal. This data helps inform the conversation, revealing an alarming trend.”

Thanks in part to Rep. Johnson’s bill and to investigative efforts like those by Amanda Woog and the Texas Tribune, we now know a lot more about civilian deaths at the hands of law enforcement than we did before. (We should have known this stuff years ago, but we didn’t. Better late than never.) With this knowledge, one hopes we can gain the understanding to reduce those numbers. Some of this was unavoidable, but some of it was not, and it’s on us to learn which was which so that we can learn what we should be doing and what we should not be. Like with body cameras and recorded interrogations, this is for everyone’s good.

Black Lives Matter takes an interest in the Harris County DA race

This will be worth watching.

Inspired by voters in Chicago and Cleveland who booted top prosecutors last week with candidates who pledged more accountability in police shootings, Houston-area Black Lives Matter activists have started a #ByeDevon social media campaign to try to oust Harris County District Attorney Devon Anderson.

#ByeDevon, which appears to have debuted on Twitter last week, was shared and retweeted by individuals involved in local Black Lives Matter efforts as well as people who questioned the handling of the Sandra Bland incident and Houston-area members of the National Black United Front.

Anderson has drawn criticism for her handling of police shooting cases and for the lack of indictments against police officers who injure civilians. And activists have demanded an apology from Anderson for comments she made the morning after Harris County Deputy Darren Goforth was killed last year.

Anderson won the Republican primary earlier this month and is facing a rematch with Democratic challenger Kim Ogg in November.

[…]

Ogg said she welcomed the support.

“I’m glad they’re doing it,” she said. “I want them to be involved and we’ve seen that the public – at least in Chicago and Cleveland – recognized that it’s the district attorney’s responsibility to ensure that corrupt police or overly aggressive police or lying police are brought to justice and are held accountable to the public. I think it’s positive that young people are trying to raise their own community’s awareness and I think this is bigger than the African American community. I think the #ByeDevon hashtag could be the beginning of a movement for reform in the criminal justice system.”

[…]

[Black Lives Matter activist Jerry] Ford contends that Ogg would be better able to “close the communication gap between communities of color and law enforcement” and could “mobilize young people and people of color on the Democratic side to come out to vote.”

“We are going to mimic the strategy that took place up in Chicago,” Ford said, noting that #ByeDevon is patterned after the #ByeAnita social media effort to unseat Cook County prosecutor Anita Alvarez in Chicago. “I’m reaching out to activists around the country about the best way to move forward with this so we can be a success in November.”

Here’s the view on Twitter. Looks like the first use of the hashtag for this purpose was March 16. A subsequent post notes that ByeDevon.com has been acquired, so look for that at some point. This is modeled on the #ByeAnita hashtag used by Chicago activists in ousting the State’s Attorney who had not acted in the Laquan Edwards shooting.

That was a primary, and this is a general election, but the idea is the same – to engage and turn out people who care about the issues involved. This is a Presidential year so the turnout issue is different than it would be otherwise, but there is unquestionably room for growth. We’ve been a 50-50 county in the last two cycles; a few thousand votes here or there could make a huge difference. And the audience for this activism is primarily younger voters, always a good thing for Dems. I’ll be keeping an eye on this. Thanks to Houston Legal for the link.

UPDATE: More from Texas Monthly.