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Houston

Appeals court overturns verdict in firefighter pay parity lawsuit

Wow.

An appeals court on Thursday reversed a ruling that declared Houston firefighters’ pay-parity measure unconstitutional, a major win for the fire union and one that could have far-reaching effects on city finances.

The fire union won approval of a charter amendment, known as Proposition B, in 2018 that would have granted them equal pay with police officers of similar rank and seniority. The city and the police officers’ union quickly sued, though, and in 2019 a trial court ruled the referendum unconstitutional because it contradicted state law that governs how cities engage with police officers and firefighters. The voter-approved charter amendment was never implemented.

In its ruling, the Fourteenth Court of Appeals in Houston said that was an error. Justice Meagan Hassan wrote in a 2-1 opinion that the Texas Legislature did not intend to stop cities from enacting such pay measures.

“Preemption is not a conclusion lightly reached — if the Legislature intended to preempt a subject matter normally within a home-rule city’s broad powers, that intent must be evidenced with ‘unmistakable clarity,’” Hassan wrote.

The justices sent the case back to the lower court. Both the city and the police union said they plan to appeal the ruling.

It was not immediately clear when the city would have to implement the pay parity measure.

[…]

Controller Chris Brown, the city’s independently elected fiscal watchdog, said the ruling was disappointing and concerning from a financial perspective. He said the administration and union need to iron out a collective bargaining agreement so the city knows how much it will have to pay if Prop B is upheld and back wages are owed. It could be in the ballpark of $250 million to $350 million, he said, adding the city and union could agree to pay that money over several years instead of all at once.

“We need to have certainty on the ultimate financial impact to the city,” he said. “I have a concern because ultimately, the taxpayers are going to foot this bill… If we do have a big, one-time payment, where’s that money going to come from?”

Good question. See here for the background here for the majority ruling, and here for the dissent. I would imagine this will be put on hold pending appeal to the Supreme Court, so we’re probably looking at another two years or so before this is resolved. It’s possible that the Mayor and the firefighters could hammer out a collective bargaining agreement that would moot this, or perhaps the next Mayor could, if the Supreme Court decides to wait till after the 2023 election to hand down a ruling. I wouldn’t bet on that, but it is theoretically possible.

Will Delta change HISD’s plans?

Remains to be seen.

Houston Independent School District Superintendent Millard House II released a video Saturday confirming that the district’s “communicable disease team” is still fully operational as the district works to update its COVID-19 plan for the start of the new school year.

“As you all know, we’ve seen a rise in the wrong direction most recently and its important for our community to understand we take very seriously the health and safety of our students, staff and community members to ensure that we have a strong and healthy start to our school year,” said House, who began work July 1.

“Contrary to what some reports have indicated, we have not disbanded our communicable disease team. We are continuing to work closely with those individuals that understand [the virus] and make certain that the safety of our community is A-1,” House said.

[…]

The video release comes weeks after House stated that classes would be held entirely in-person this fall, but that pledge came as the delta variant of COVID-19 was just starting to gain a foothold in the area.

In May, the district said it would comply with Gov. Greg Abbott’s executive order that banned public schools from requiring masks inside buildings after June 4.

Houston ISD spokeswoman Tejal Patel said an updated communicable disease plan “will be released in the coming weeks,” but did not say whether it would include a mask mandate or remote-learning options.

I guess a better question to ask is whether Greg Abbott will change his current stance and allow school districts some leeway if there are multiple outbreaks. He’s not going to follow national guidelines because it’s the individual responsibility of children who are not yet eligible for a vaccine to not get COVID, so I wouldn’t hold out much hope. I hope HISD and Superintendent House do everything in their power to protect students and teachers and staff, and loudly advocate for the things that are not in their power.

On the reaction by some people to the new mask recommendations

I have one thing to say to this.

Texas Republicans in Congress are fuming over new mask requirements on Capitol Hill and recommendations from the CDC that even vaccinated Americans begin masking again as an extra precaution in parts of the country where the Delta variant is spreading, including Texas.

“Which is it, vaccines or masks?” said U.S. Rep. Chip Roy, a San Antonio Republican, in an impassioned speech on the House floor on Wednesday. “Do the vaccines work or they don’t work? Do the masks work or they don’t work? I’d like to know which it is.”

Health officials have been clear that the vaccines remain effective at preventing the worst outcomes of COVID, including hospitalization and death. The vast majority of breakthrough cases have been mild.

But COVID infections continue to climb throughout much of the U.S. — including Texas — and the Centers for Disease Control and Prevention this week revised its recommendations to urge even fully vaccinated Americans in those areas to wear masks indoors again.

That led to new mask mandates in the U.S. House and the White House, but Texas Gov. Greg Abbott has made clear he doesn’t not plan to require face coverings again in Texas.

Still, Republicans were outraged at the new guidance. U.S. Sen. Ted Cruz called mask-wearing “a virtue signal of submissiveness” as he referred to Democrats wearing face coverings again as “kabuki theater.”

If you are not fully vaccinated, have not made your vaccinated status known to others, and have not been a vocal advocate of vaccination, then you can take any and all complaints you may have about these new recommendations and go fuck yourself. Seriously.

I say again, with all the feeling I can muster: Go fuck yourself.

More criminal complaints against Deshaun Watson

Yeesh.

Multiple women have filed complaints with the Houston Police Department related to Texans’ quarterback Deshaun Watson, according to both sides in the football player’s civil sexual assault cases.

Almost half of the 22 women who filed civil claims against Watson have given sworn statements to police and spoken to NFL investigators, attorney Tony Buzbee said Sunday. Defense lawyer Rusty Hardin specified on Monday that eight women in the suits have filed complaints with police. He also said two new women not in litigation have done the same, which ESPN first reported.

Houston police on Monday declined to comment beyond an initial statement they released in early April. One person filed a complaint, they said at the time, leading the agency to open an investigation.

The police and NFL investigations remain underway with no signs of immediate resolution for Watson, who returned to training camp this week amid the allegations of sexual assault and harassment.

Those cases as well as the lawsuits are trudging along, keeping Watson in a holding pattern while he doesn’t play and demands a trade — that in itself an unlikely occurrence until his legal issues end, team sources have said.

“Both processes are very lengthy,” Buzbee said, referring to the police and NFL probes. “We expect to provide further information to the NFL from all victims.”

[…]

Hardin said on Monday Houston officers should also speak to the remaining 14 women who sued but did not file police reports, he said, in order to complete a full investigation.

The lawsuits are meanwhile moving through the discovery process in the Harris County civil courts. Buzbee said his team is currently obtaining written information from Watson, including electronic data and payment records.

See here and here for some background. The complaints by two women who are not suing Watson sounds ominous to me. I know that he’s Rusty Hardin and I’m not, but if I were Rusty Hardin, I might be a little worried about what the police might find when they talk to those other 14 women.

The I-45 survey

Who thought this was a good idea?

The fate of the massive $9 billion project may depend on how many people who agree with Smith or agree with Davies fill out an online poll — after 15 years of planning, design, discussions, political maneuvering and $503 million. The Texas Transportation Commission, citing the dust-up over the final design, a lawsuit filed by Harris County and a federal review, is considering whether to remove the rebuild from the state’s 10-year transportation plan.

The process state transportation officials are using to inform their decision — a 30-day comment period, a public hearing and an online poll that asks respondents to proceed with the project as designed or remove it from the state’s upcoming project list — has drawn alarm from critics who want more opportunity to discuss changes rather than abandon the rebuild altogether.

“A survey is not public engagement,” Houston Mayor Sylvester Turner said. “Further, this survey is framing a false choice. We do not intend to play their game.”

Many fear the state — if it does not get full-throated support — simply will pull the project and leave one of the spines of the local freeway system a crumbling mess.

If removed from the state’s 10-year unified transportation program, updated annually and approved by the commission, the planned rebuild of I-45 from downtown Houston to Beltway 8 would be shelved. That would leave drivers and residents waiting months, maybe years longer than promised for two managed lanes in each direction, updated and additional rainfall detention, wider frontage roads and upgrades bringing some aging parts of the freeway up to current standards.

See here for the previous entry. My first thought in reading this story was “SurveyMonkey? Really? How sure is everyone that this can’t be hacked or spammed?” But Mayor Turner in his full statement and Michael Skelly on behalf of the Make I-45 Better Coalition articulate a different problem: The survey doesn’t have enough choices. From Skelly’s email:

The worst part is that the only two options on the public comment form are both flawed:

  1. Supporting the I-45 expansion exactly as it’s designed — despite the many flaws we’ve previously discussed, or
  2. Rejecting the I-45 expansion entirely and removing all funding for it

What about keeping the funding, but building a redesigned project that actually supports the residents and environment of the City of Houston? We could “make I-45 better” by—for example—following the alternative designs that the City of Houston Planning Department unveiled after listening to many, many public comments. The City of Houston pushed for a Vision C which would have accommodated transit, reduced rights of way impacts, and saved money, but TxDOT completely ignored the City’s suggested plan. If TxDOT truly cared about the public, they would allow for a better, safer project to be built.

Just to be clear—despite a new public comment period opening, the I-45 project has not changed since the last comment period in 2020, following the release of the Final Environmental Impact Statement (FEIS).

Having a third choice would risk not getting a majority in favor of any one option, but it would be a better gauge of what the public actually wants. As configured, there’s an even higher risk of “be careful what you ask for”.

In the meantime, you have until August 9 to submit your comments, and there’s an online public engagement on August 2. See the Skelly email for all the details. I have no idea what might happen here, but you should make your voice heard while you can.

Still surging

Hospitalizations.

The number of lab-confirmed COVID hospitalizations in Texas broke 4,000 on Friday for the first time since March, a worrying sign of the pandemic’s quick resurgence since the Delta variant was discovered in the state.

[…]

As of Saturday, Texas Department of State Health Services data reported 4,320 lab-confirmed COVID hospitalizations in the state, more than three times the cases it had at its low of 1,428 less than a month ago. In the span of one week, COVID hospitalizations had spiked nearly 50 percent.

The increases in COVID hospitalizations have been dramatic. In the week ending July 24, Texas averaged 3,710 people hospitalized with COVID, up from 2,537 in the week before and 1,838 in the week before that.

Texas Medical Center hospitals are seeing an influx of COVID patients in ICU beds, and medical leaders may soon consider postponing elective procedures, said Dr. James McDeavitt, executive vice president and dean of clinical affairs at Baylor College of Medicine.

“Everywhere is experiencing that same sort of explosive growth right now, so that’s obviously very concerning,” said McDeavitt, who has been closely tracking local COVID data since the start of the pandemic.

Positive tests.

More than 1,000 people are testing positive per day for COVID-19 in the greater Houston region, more than seven times last month’s daily average, according to the Texas Medical Center.

As the delta variant dominates new COVID-19 infections across the country, the Texas Medical Center is returning to daily coronavirus updates.

The takeaways, sent every morning from William McKeon, president and CEO of the Texas Medical Center, provide a glimpse into one of the world’s largest medical complexes as its clinicians treat infected patients. Previously released weekly, the switch back to daily missives illustrate how rapidly delta is spreading across the region.

Last week, an average of 1,069 people tested positive per day for COVID-19 in the greater Houston region, more than double the prior week’s daily average.

“The COVID-19 Delta variant is spreading rapidly throughout Texas as only 43 percent of our population is fully vaccinated,” McKeon wrote in a Monday email.

If you don’t know what to do by now, I can’t help you.

A Deshaun Watson sighting

Noted for the record.

Deshaun Watson made a shrewd move Sunday when he reported early for training camp with the other quarterbacks and rookies.

Watson showed up at NRG Stadium for the first time since the end of last season, avoiding a fine of $50,000 a day, creating a colossal distraction for a team in rebuilding mode and putting pressure on the Texans to make a move.

But what could that move be?

Watson reiterated he still wants to be traded. That means he doesn’t want to be at the facility, and the Texans don’t want him there, but a trade doesn’t appear imminent, according to team sources. Any move would likely come when his legal issues are resolved.

[…]

The Texans have options when it comes to Watson. He can attend meetings and practice. He can be given an excused absence and be able to leave and work out on his own without being fined. He can be placed on the exempt list (essentially paid administrative leave) by commissioner Roger Goodell until the league concludes its investigation.

The league’s personal conduct policy empowers Goodell to put a player on the exempt list “when an investigation leads the Commissioner to believe that a player may have violated this Policy.”

The conduct policy says that Goodell “may act where the circumstances and evidence warrant doing so,” and adds: “This decision will not reflect a finding of guilt or innocence and will not be guided by the same legal standards and considerations that would apply in a criminal trial.”

Tony Buzbee, who represents the women in the civil cases said “almost half” have given sworn statements to the police and spoken to the NFL. He said he expects to give the NFL more information.

Watson or the NFL Players Association could appeal his placement on paid leave. A player on paid leave cannot practice or play in games but is permitted to be at the team’s facility for meetings, workouts, therapy and rehabilitation.

Just a reminder, the first of the depositions by Watson’s accusers may begin in September. There is a criminal complaint, filed in April, that is still under investigation. There’s no formal timeline for when (or if) the NFL may act on the exempt list; some people think he should already be on it. We’re just waiting for updates until then. Sean Pendergast has more.

The fourth wave

We’re not ready.

One local hospital is reinstating visitor limits and Harris County Judge Lina Hidalgo is mulling a change to the county’s threat level amid a wave of COVID-19 variant cases that medical leaders warned Tuesday could overwhelm area hospitals and wreak further havoc as schools reopen next month.

The warning came amid massive spikes in hospitalizations across the Houston region, which Hidalgo’s office is closely monitoring to decide if the county needs to raise its emergency threat level from yellow to orange — or moderate to significant.

“We’re watching this very, very closely,” Hidalgo spokesperson Rafael Lemaitre wrote in an email. “The trends are moving in the wrong direction again and we are in a high-stakes race against the delta variant of this virus. Our message to the community is simple and clear: If you haven’t been vaccinated, take action now.”

In May, Hidalgo lowered the threat level from red — where it had been for nearly a year — to orange, then yellow a few weeks later, as COVID cases waned statewide.

But this month, hospitalizations across the state have more than doubled, ballooning from 1,591 on July 1 to 3,319 as of Tuesday, according to the Texas Department of State Health Services. The state’s hospitalization count peaked in January at 14,000.

Texas Medical Center CEO William McKeon said he fears the closing of many testing centers will make it more difficult to gauge the extent of COVID’s spread in the coming weeks.

“As this fourth wave begins in force, our radar is down,” Texas Medical Center CEO William McKeon said in a Tuesday conference call with reporters. “We have only a fraction of the testing…. We’re going to be running much more blind to the spread of delta variant in our community.”

[…]

Memorial-Hermann Health System plans to readopt visitor restrictions this week, and will test all patients for COVID, regardless of their vaccination status, said Dr. Annamaria Macaluso Davidson, vice president of employee health medical operations.

The hospital system had about 100 confirmed COVID cases on July 4; by Tuesday, there were more than 250.

We’ve been discussing this, and you know how I feel. The hospitalization numbers are still relatively low, but that’s a sharp increase, and there’s no reason to think there won’t be more. And I hadn’t even thought about the drastic reduction in testing facilities – I don’t know how big an effect that may have, but it’s not going to help.

I drafted this a couple of days ago, and before I knew it, Judge Hidalgo had already taken action.

Harris County’s emergency threat level was raised to orange — or “significant” — on Thursday and County Judge Lina Hidalgo called for resumed mask wearing amid a fourth wave of COVID-19 that has already caused hospitalizations to spike across the region.

“It’s not too late,” Hidalgo said. “But if we don’t act now, it will be too late for many people…. We are at the beginning of a potentially very dangerous fourth wave of this pandemic.”

The guidelines for the orange threat level are voluntary, and urge residents — namely those who are not vaccinated — to avoid large gatherings and businesses with poor safety procedures.

Hidalgo also said “everyone” should resume wearing masks to protect the County’s population who are not fully vaccinated. Currently, about 2.1 million county residents are fully vaccinated — 44 percent of Harris County’s total population.

She noted the county’s positivity rate is now doubling about every 17 days, quicker than any other point in the pandemic.

Get your masks back on, and hope for the best. I trust Judge Hidalgo to do everything she can to ameliorate this situation, but as we know, there’s not a lot she can do. Greg Abbott has seen to that.

One thing that could help is if more places of business begin putting in their own vaccination requirements, mostly for employees but also possibly for customers or business partners, depending on the situation. Putting some limits on what one can do as an unvaccinated person is one of the few effective ways to compel people to get their shots. That will have to come from the private sector, because it sure won’t come from the state. The FDA giving final approval to the Pfizer and Moderna shots will help, too. I just don’t know how long we can wait.

Council will decide when charter amendment votes will be

Fine, but they should be this year.

Mayor Sylvester Turner

Mayor Sylvester Turner on Wednesday promised to bring a charter amendment petition to City Council before a key August deadline to order an election for this year.

A diverse coalition of groups, including the Houston Professional Firefighters Association Local 341 and the Harris County Republican Party, delivered the petition in April, and the city secretary confirmed the signatures earlier this month. The measure would allow any three council members to place an item on the council agenda, a power almost entirely reserved for the mayor under the city’s strong-mayor format.

The council can put the charter amendment on the ballot this November or during the next city elections, which are in November 2023. Turner said he was not sure the city would order an election this year, prompting concern among petition organizers and supporters, who have sought an election in November. The last day to order an election for this year is Aug. 16.

“It will come before you, and this council will decide whether it goes on this year’s ballot or on the next city ballot,” Turner told his colleagues at the City Council meeting Wednesday. “I won’t be making that decision, we will be making that decision.”

The fire union is pushing a separate charter petition, which it delivered to City Hall last week, that would make binding arbitration the automatic resolution to contract impasses. The city and union have been in a deadlock since 2017, and have contested the contract talks in court battles.

[…]

The mayor said the city has to decide if it is going to take each charter petition individually, or if it would be smarter to lump them together in a single election, “which, from a cost perspective, would be quite wise,” he said.

“What we will have to decide is whether or not you do these one at a time, and every time you put it out there it’s a cost to the city (to run the election),” Turner said. “Now, there’s another one that was just delivered to the city secretary (last) week… Let’s say that gets the requisite signatures, do we do another election on that one?”

The fate of the most recent petition from the fire union is less clear. Turner said it takes the city secretary an average of three months to count the signatures, even with added personnel the mayor says he has approved for their office. That would mean workers likely will not finish verifying them before the Aug. 16 deadline to order an election.

The union has alleged the city is slow-walking the count for the second petition. The Texas Election Code allows the city to use statistical sampling to verify the signatures, instead of vetting them individually, as the city is doing now.

See here and here for the background. Sampling has been used before, in 2003 for a different firefighter initiative, but I don’t think it is commonly used. Not sure what the objections are to that. I say do them both in the same election, and it should be this election. I’d rather just get them done, if only from a cost perspective.

How HISD intends to spend its COVID relief money

Seems reasonable.

Houston ISD expects to spend $1.2 billion of federal relief shoring up academic losses from the pandemic under a wide-ranging plan that would target accelerated instruction to kids that have fallen behind, bolster tutoring and after-school services, seek to retain and recruit teachers with $2,500 stipends, provide laptops to more middle school students and boost technology in the classroom.

Superintendent Millard House II sent an email addressed to “Team HISD” Thursday evening with a 54-slide presentation attached about how the district would use the money, according to a copy obtained by The Chronicle on Friday.

The money comes from $122 billion for Elementary and Secondary School Education Relief funds included in the American Rescue and Relief Plan Act, passed by Congress in March.

HISD has been awarded $804 million from that. It is the second round of education relief funding. The district was allocated $358 million from that earlier round this month.

According to the plan distributed by House, about a quarter of the overall funding will go toward reversing learning losses in reading, math, science and social studies. About $76 million would be spent on before- and after-school programs, $50 million would go to special education, $53 million for college and military readiness, and $60 million would be directed at social and emotional learning, including the hiring of up to 150 additional counselors and social workers.

It is not clear if the plan is final. A timeline included in the presentation lists two dates to submit applications to TEA and July 28 as the date to share the plan with “community.”

These priorities seem right to me. The first order of business is to get students back to previous levels, and that’s going to take a lot of resources. You can see an embed of the plan in the story, and there will be at least one virtual meeting to discuss it. This is a big challenge for the new Superintendent right off the bat, and I wish him and the Board and everyone else all the best with it. We need them to use this funding to its best advantage.

GLO defends P Bush in Congressional hearing

Dude couldn’t be bothered to show up himself, so he had someone else there to defend him.

Texas Land Commissioner George P. Bush did not play a role in the process that left Houston and Harris County without any federal aid for flood mitigation projects, according to a top disaster official with the General Land Office who defended the agency’s scoring criteria during testimony to a congressional committee Thursday.

Bush, who is challenging incumbent Attorney General Ken Paxton in the upcoming Republican Party primary, has received bipartisan backlash over the GLO’s allocation of $1 billion in flood project funds tied to Hurricane Harvey, none of which went to the 14 projects sought by the city or county. Bush since has announced that he will ask the U.S. Housing and Urban Development Department to direct $750 million to the county.

“For the record, the Texas Land Commissioner George P. Bush was by design recused from the scoring committee and the scoring process,” Heather Lagrone, the GLO’s deputy director of community development and revitalization, told members of a House Financial Services subcommittee. “The commissioner was informed of the competition result only after the projects had been through eligibility review and scored in accordance with the federally approved action plan.”

U.S. Rep. Al Green, a Houston Democrat who chairs the subcommittee, accused the GLO of using a “rigged formula” to distribute the relief money, defining the process as “the hijacking of a federal mitigation appropriations process.”

“I think that the time has come for a course correction,” Green said.

See here for the background. Didn’t you hear the lady, Rep. Green? LEAVE GEORGE P. BUSH ALOOOOOOOOONE!

It was a chicken move for P Bush to not show up and explain himself, but that’s hardly surprising. And let’s face it, had he been there himself, we’d have gotten the same lies about the ridiculous GLO formula and the “red tape” that was actually in place under Trump, and we never would have gotten a rational explanation for why their formula made any sense.

While coastal communities bore the brunt of Harvey, the GLO disproportionately sent the $1 billion in aid to inland counties that suffered less damage and, by the state’s own measure, are at a lower risk of natural disasters, a Houston Chronicle investigation found last month.

Houston Public Works Director Carol Haddock noted during the committee hearing that the GLO declined to award a penny in mitigation funds to Aransas and Nueces counties, where Harvey made landfall, nor to Jefferson County, which saw the heaviest rainfall during the storm, nor to Houston and Harris County, which saw the most damage from the storm.

“The Texas General Land Office’s process for allocating granted zero dollars to all of these localities, and it was only after bipartisan political pressure that the GLO retroactively requested $750 million for Harris County,” Haddock said.

The GLO process got the result it intended. Everything else is details, and a reminder of why you cannot put bad faith actors in positions of power.

A portrait of David Adickes

Nice feature story on my favorite sculptor, who is 94 years old and still making art. Not the giant Presidential head kind of art, sadly, but art nonetheless.

At 94, [David] Adickes takes measured, shuffling steps. But his output remains astonishing as he continues to add to an enormous — both in scope and volume — amount of work.

“I still do something every day,” he says, with a little shrug. “I don’t know what else I’d do.”

Adickes may be the most visible artist in this region. His supersized Sam Houston looms off Interstate 45 in his hometown of Huntsville; his “Virtuoso” cellist remains an eye-catching piece in the downtown Theater District; and then there are those heads that resemble a cross between American history class and Easter Island. His bright and surreal “Three Colorful Friendly Trees” is part of the True North 2021 installation along the Heights Esplanade. And more recently he contributed works ranging from 1965 to 2021 as part of “Rooted Renewal,” a new dual exhibit with Marthann Masterson at the Bisong Art Gallery.

Among the pieces in “Rooted Renewal” — its title, in part, a reference to a resetting post-pandemic — is a painting Adickes sold ages ago to Elvis Presley. The exhibition also includes the last unsold work from his mid-1970s Spring Trees series. And a new work, “Put a Bird On It,” finds Adickes experimenting with a technique he’s temporarily calling “3D acrylic,” which involves acrylic paint over cast stone on canvas.

“I studied in Paris, and I traveled around the world,” Adickes says of the path that led him to the works in the show. “But I was born in Huntsville, which is where my mother was at the time. I suppose I wanted to be near her as a baby; otherwise, it would’ve been New York. But it was her call.”

Adickes’ jokes are much drier than Houston.

I don’t have a point to make, I just love a story about the guy whose work has brought me so much joy. Go read it for yourself.

Can you tell me how to get (safely) to Memorial Park?

Safety is nice.

A $200 million-plus plan to improve [Memorial Park] is aimed at making it a signature destination for all Houstonians. With that success, though, will come the same challenges anything popular in Houston faces: How will people get there, where will they park and what can be done to give them an option other than driving?

A variety of projects are planned or proposed to offer safer or additional options, including new bike paths, wider sidewalks, even a possible Metropolitan Transit Authority hub to rapid buses. All of the ideas, however, are years away and still face some public scrutiny that could alter the plans.

Efforts to create or expand trails follow what has been the largest park investment in a generation — a $70 million land bridge that creates a hillside through which Memorial Drive passes, connecting the park’s north and south sides.

[…]

One of the biggest challenges to improving access to Memorial is the big roads that border it: Loop 610 and Interstate 10. Running along the west and north edges of the park, the freeways are a barrier where the freeway intersections with Washington Avenue to the northeast and Memorial and Woodway to the west can be chaotic for cyclists and pedestrians.

“What we want is a safe, easy, biking solution,” said Bob Ethington, director of research and economic development for the Uptown Houston District.

Ethington said along Loop 610, officials are considering how best to get runners and cyclists as far away from cars as practical. Those plans include a connection from the south, parallel to the Union Pacific Railroad tracks as far south as San Felipe.

The trail skirts a rail line south of the park, in the River Oaks area dotted with some of the most expensive homes within Loop 610. Other projects could follow, taking the trail as far as Brays Bayou and creating what could become a freeway of sorts for bicyclists between two popular bayou routes.

The key connection to the heart of Uptown, on the other side of Loop 610, is a planned trail running near the top of Uptown Park Boulevard, where it curves into the southbound frontage road, that will follow Buffalo Bayou beneath the clatter of 16 lanes of traffic above.

That connection, which could include a new bridge strictly for the trail across the bayou, would eliminate a stress-inducing street crossing for cyclists and runners at Woodway.

“The corner is terrible and the (Loop 610) underpass is not great,” said Randy Odinet, vice president of capital projects and facilities for the Memorial Park Conservancy.

The Uptown work, which follows Briar Hollow in the neighborhood south of Buffalo Bayou, recently received a boost, when $4 million of the $5.3 million price tag was included in the House version of a federal infrastructure bill at the request of Rep. Lizzie Fletcher, D-Houston, who represents the area.

For travelers headed to the park from the east, two planned projects could help. Construction is set to start in about 20 months on a new bike lane spliced through a narrow piece of public land on the south side of Interstate 10. The Texas Department of Transportation project would eliminate a broken link between the Heights and Shepherd corridors and Memorial Park, caused by I-10.

Now, cyclists can use the Heights Hike and Bike Trail and White Oak Trail to access the Cottage Grove neighborhood north of I-10, then a pedestrian bridge atop I-10 at Cohn. About a half-mile from the park at the end of the Cohn crossing, however, is where the easy access stops. The Union Pacific Railroad tracks and nearby streets force runners back to TC Jester, which many avoid because of the heavy traffic and truck volumes and high speeds.

Design of the TxDOT project is not finalized, but the work likely will include a trail along the south side of I-10 from Cohn to Washington, through a slice of state-owned right of way and beneath the UP tracks. At Washington, it is expected to cross at the intersection and into the park.

The project also will replace the Cohn bridge with a wider span and assorted street-level improvements north of I-10 along the frontage road.

Most Houston residents and travelers, however, cannot simply hop on a bike and get to the park. Current transit offerings are limited to three bus routes, two of which come every 30 minutes. The third, the Route 85 Antoine/Washington that skirts the eastern edge of the park, is the only frequent route, coming every 15 minutes. More than a dozen bus routes pull into the Northwest Transit Center less than 2,500 feet away from the park, but those 2,500 feet are impassable because of the I-10 interchange with Loop 610.

A planned bus rapid transit route along I-10, however, could radically improve access if Metro were to include a stop at the park. Metro officials, while not committing, said they are considering a possible stop at Washington on the park’s boundary.

The idea of a Memorial Park station has drawn interest from transit riders and officials. Often, transit is built and discussed in terms of moving people solely to jobs and schools, Metro board member Sanjay Ramabhadran said.

“It is also about getting us to recreation facilities, parks,” Ramabhadran said.

Plans for the BRT line include an elevated busway along I-10 so large buses can move in their own lanes from the Northwest Transit Center to downtown Houston. Transit officials plan various public meetings before any station decision is made.

“You cannot order a BRT corridor on Amazon and have it delivered next week,” Ramabhadran said.

It all sounds good to me, and you can see each of the planned items in the embedded image. Years ago, when it was still possible to dream about more light rail lines being built in Houston, I proposed a rail line that was a combination of Inner Katy/Washington Avenue and the current Uptown BRT line, which would have included a Memorial Drive segment. That was included for the purpose of making it easier for more people to get to one of Houston’s biggest parks and premier destinations. That idea will never happen, but seeing a proposal for a Memorial Park-accessible stop on the now-proposed Inner Katy BRT line makes me smile. It really is kind of crazy that the only way to get to Memorial Park for nearly everyone is to drive there, especially considering how impossible it used to be to park. There’s more parking now, but we could get a lot more people into Memorial Park if they didn’t have to drive to get there. I very much look forward to seeing these projects take shape.

Astros again seek to dismiss Bolsinger lawsuit

They will probably succeed.

Did not age well

The Astros have submitted their proposal for a Harris County judge to dismiss former Toronto Blue Jays reliever Mike Bolsinger’s lawsuit against the team.

Bolsinger has alleged trade misappropriation and sought more than $1 million in damages in the wake of Houston’s sign-stealing scandal in the 2017 season.

[…]

In the Astros’ 17-page motion to dismiss submitted on Tuesday night, the team pointed to Bolsinger’s misinterpretation of Texas’ trade secrets law and called Bolsinger’s lawsuit an attempt “to turn a headline-grabbing sports story into a cash recovery.”

According to the Astros’ motion, Bolsinger needed to prove ownership of the trade secrets, misappropriation of them and injury caused by the misappropriation to recover any damages under the state’s trade secrets law. The club claimed he did not.

The motion, submitted by Astros attorneys Hilary Preston and James L. Leader, challenged the notion that Toronto’s signs are even secrets at all.

“The signs are not trade secrets, and, to the extent that any party can “own” hand gestures meant to convey pitching strategy, the signs are owned by the Toronto Blue Jays, not (Bolsinger),” the Astros wrote in their motion.

“The signs are hand gestures made in front of thousands of spectators, and the mere fact that the Blue Jays attempted to conceal the meaning of those signs from the Astros’ hitters does not turn those gestures into trade secrets under Texas law.”

See here for the previous update. As noted, Bolsinger had sued in Los Angeles originally, but that suit was tossed on the grounds that California didn’t have jurisdiction, so he re-filed in Harris County. I don’t buy his argument and expect the suit to be dismissed, but we’ll see.

Former HCC instructor sues over sexual harassment allegations

Hoo boy.

Robert Glaser

A former Houston Community College instructor is suing the community college system, its chancellor and a board member for $15 million, alleging that the college system retaliated against her for reporting that she was being sexually harassed by a board member.

Patricia Dodd, who is suing for compensation and damages (including lost income and benefits; attorney’s fees and court costs; and mental anguish), filed a Title IX complaint with HCC in May, stating she had been sexually harassed by board of trustee member Robert Glaser since November. Dodd, who has taught HCC for more than eight years, said Glaser pledged to help her with issues at her job in exchange for a sexual relationship, which she describes as “quid pro quo” sexual harassment.

The 50-year-old English instructor also contended in the July 8 suit that HCC Chancellor Cesar Maldonado knew about the harassment but did nothing to stop it. She claimed that Glaser was emboldened by his friend Maldonado, who also had a sexual relationship with one of his female direct reports who is married.

Both Glaser and Maldonado are named as defendants in the lawsuit, which describes a culture of sexual misconduct at the college with little consequence or correction. An attorney representing the community college said that Dodd was dismissed because she didn’t report two arrests.

Dodd alleged that Maldonado “repeatedly turn[ed] a blind eye to other male supervisors’ sexually harassing actions toward subordinate female employees” and attempted to intimidate HCC law enforcement investigating claims against him in order to protect his job. Dodd’s attorneys name at least six employees who Dodd asserts have engaged in sexual misconduct and/or sexual harassment, and at least three individuals who have allegedly helped cover for such incidents.

“Sexual exploitation and harassment of female employees at HCC is grotesque and widespread. The two most powerful policymakers at the college are male — defendants Glaser and Maldonado — whom both have engaged in repetitive, flagrant, sometimes grotesque bullying and vile sexual exploitation of vulnerable subordinate female employees at the college,” stated Dodd’s attorneys Ben Hall, George J. Hittner and James Ardoin in the court document.

Maldonado said in a written statement that the allegations against him are false — that he had not had an affair with a direct report, nor had he any prior knowledge of a relationship between Glaser and the instructor.

“I was not aware of any inappropriate relationship between Trustee Glaser and any college employee until recently, at which time I reported the information to the board and to appropriate regulatory authorities,” Maldonado wrote. “The college and I take all such allegations very seriously and I expect an objective and thorough investigation.”

See here and here for some background. Dodd says her firing was in retaliation foe filing the sexual harassment complaint against Glaser. The attorney for HCC says it was because she failed to inform the college of two arrests, both for assault and both since 2019. All I can say at this point is that this is a big mess. I hope we get to the bottom of it quickly.

Charter amendment referendum likely #2 on its way

Pending signature verification.

The Houston firefighters’ union says it has collected enough signatures on a petition to make it easier to bring contract talks with the city to binding arbitration.

The city secretary now must verify at least 20,000 signatures, the minimum threshold for getting a petition-driven initiative on the ballot. The petition drive is one of two the Houston Professional Fire Fighters is pushing for this November, along with one that would give council members more power to place items on the City Council agenda.

The city secretary verified signatures for the first petition, filed in April, last week. A broader coalition is advocating for that proposal, as well.

The union has said it hopes to place both items on the November ballot, although Mayor Sylvester Turner has signaled the city may not comply with those wishes. The mayor said last week a required council vote to place the items on the ballot may not happen this year.

“There is no obligation, I think, on our part to put anything on the ballot for this year,” Turner said then.

State law does not lay out a specific timeline for when council must take that vote, though it does require it to do so. The last day to order an election for November would be Aug. 16.

When the council does vote, it has two options for selecting the date: the next uniform election date, which would be November 2021; or the next municipal or presidential election, whichever is earlier. That would be the November 2023 in this case.

Marty Lancton, president of the Houston Professional Fire Fighters Association Local 341, said it does not matter whether the city is allowed to push off the election; it should respect the will of the petitioners and place the initiative on the November ballot. He said the union is prepared to go to court to get the charter amendments on the ballot this year.

See here for more about the other charter amendment referendum. I’m inclined to support this one, but I haven’t paid much attention to it yet so I’ll want to hear more before I make a final decision.

As for when to have the referendum, I’ll just say this much: Baseline turnout in 2021, a non-municipal election year, where the only items that will be on everyone’s ballot are the constitutional amendments (none of which are exactly well known at this point) and only some people will have actual candidates to vote for, is about 50K. Baseline turnout in 2023, when there will be an open seat Mayoral race, is at least 200K, probably at least 250K. Turnout in 2015, with HERO repeal also on the ballot, was over 270K, and in 2019, with the Metro referendum also on there, it was over 250K.

Point being, in 2021 you start with the hardcore voters, who have probably heard something about your issue and whose support you hope to earn, and seek to get lesser-engaged folks who agree with you to show up. In 2023, you have to put a lot more effort into persuasion, just because so many more people will be casting ballots, and many of them will start out knowing nothing about the issue. A lot of those less-engaged voters from scenario #1 are more likely to show up because of the Mayor’s race. Your message here is one part about introducing them to your issue, and one part about voting all the way down the ballot, because the charter amendments are at the bottom and you want to make sure they don’t miss them.

Given that, it’s a reasonable question to ask which environment you’d rather be in for the purpose of passing your referendum. It’s not clear that one is inherently more advantageous than the other, but the strategy for each is different. Needless to say, the 2023 scenario is more expensive, though a sufficiently funded referendum effort can have a significant effect on turnout, even in a 2023-type situation. The platonic ideal is for higher turnout since that is a truer reflection of the will of the people, but you want your item to pass, and you play the hand you’re dealt.

Now having said all that, I think if the petition signatures are collected and certified in time for the item to be on the next ballot, that’s when it should be voted on. I don’t know what Mayor Turner’s motivation may be for preferring to wait until 2023, which he is allowed to do. I just think we should have the votes this year.

KPFT station for sale

Not cheap, I’m sure.

A mainstay of Montrose, public radio station KPFT, could be headed elsewhere in Houston, signaling to some a changing of the guard in one of Houston’s most eclectic enclaves.

In an email to members, Pacifica Foundation, the California-based public radio partnership that owns KPFT, said the station’s building at 419 Lovett Blvd. is for sale, with the proceeds expected to pay for relocation and some debt repayment. The decision was prompted in part by what officials called a “favorable real estate market in Houston.”

Officials said the Lovett Boulevard location “holds a very special and sentimental meaning,” but repairs and restoration made it cost-prohibitive to keep it. The announcement did not include specifics of where officials are planning to relocate, or when a move could occur.

[…]

Most operations in the building ceased in March 2020 and the COVID pandemic took hold. That makes the sale even more bittersweet as volunteers adjust to the possibility “we will never again gain access to the Mighty Ninety studios,” said former general manager Duane Bradley, who still volunteers with the station.

“My greatest concern is that Pacifica… will use the proceeds of this property sale to deal with financial problems external to Houston and leave us effectively ‘homeless,’” Bradley said. “ It has been a rough year-plus for all of us and as we begin to come out and about again, it hurts to feel on the cusp of losing the tangible evidence of what community radio — and community itself —was all about.”

The KPFT station is a Montrose icon, but as the story notes quite a few other Montrose icons like the Disco Kroger have gone the way of all things lately, so this is just how it is. I’m sure they can get a good price for it, so if this has to happen then let’s hope it at least puts KPFT on firmer financial ground. And maybe for the new station, look outside Montrose for a neighborhood that is in 2021 similar to what Montrose was in the 70s. It would at least be in the spirit of the old place.

Testify, George P!

I’m ready for this.

A congressional panel is set to review the Texas General Land Office’s denial of federal flood mitigation funding to Houston and Harris County, the latest in an ongoing spat over more than $1 billion in aid approved by Congress and doled out by the state.

The Democrat-led House Financial Services Committee wants Land Commissioner George P. Bush to testify about the decision during a hearing next week, said U.S. Rep. Al Green, a Houston Democrat who chairs the panel’s oversight and investigations subcommittee. It’s unclear yet if Bush will appear at the July 15 hearing.

[…]

Green said he wants Bush to explain the initial denial, as well as why it has taken so long to get the federal funding out. The funding is part of a relief package that Congress approved in 2018 after Hurricane Harvey.

“This is pretty serious, when you look at the time that has lapsed … then not to have the money spent on people who are still suffering and waiting to have the relief and the money is in the hands of GLO,” Green said. “I think GLO should explain.”

These are all good questions, and we deserve to hear answers to them. We should also recognize that in the tradition of the Trump administration, there’s a decent chance that Bush just blows this off. If that happens, then Congress needs to do the stand-up thing and subpoena him, and hold him in contempt if he continues to defy them. Do not wimp out on this. Either there’s accountability or there isn’t, and enforcement is a key part of that. If he’s not there willingly, make him be there, or else.

We will have that charter election

For that thing I still don’t have a pithy name for. Someone form a PAC and throw me a bone here.

A petition filed in April by a group seeking to give City Council members the ability to place items on their weekly meeting agenda contained enough valid signatures to trigger a charter referendum in November, the city secretary reported Friday.

In a letter to Mayor Sylvester Turner and council members, City Secretary Pat Daniel said her office verified that 20,482 petition signatures — above the threshold of 20,000 — contained the name, signature and other required information of registered voters who live in Houston. The city secretary’s office counted 31,448 of the nearly 40,000 signatures submitted by the Houston Charter Amendment Petition Coalition, the group behind the petition drive, according to Daniel.

The referendum, if approved by voters, would amend Houston’s charter to allow any three council members to place an item on the council’s weekly agenda. For now, the mayor wields almost full control of the agenda, including the ability to block any measures, under the city’s strong-mayor form of government.

Three council members already are allowed to call a special meeting and set the agenda, but the maneuver rarely attracts a required quorum of council members.

The charter amendment coalition — a politically diverse mix of groups that includes the Houston fire union, the Harris County Republican Party, the conservative group Urban Reform, Indivisible Houston and the Houston chapter of the Democratic Socialists of America — has said it intends to place the measure on this year’s November ballot. City Council has until Aug. 16 to approve the referendum ahead of the Nov. 2 election.

See here, here, and here for the background. City Council has until August 16 to put the item on the November ballot. I expect this to pass, but I don’t plan to vote for it, for reasons I have already explained. I hope I’m wrong about the sideshow effect of this.

Back to the public input phase for I-45

They hear, but will they listen?

Hemmed between a request for a pause by federal highway officials and an outcry from opponents, planners of a massive rebuild of Interstate 45 in Houston are taking their plans back to the public in what may be a last effort to keep the project on pace.

The Texas Transportation Commission on Wednesday said more public scrutiny is needed of the plan for remaking I-45 north from downtown Houston to Beltway 8.

“Basically, let’s take this project and put it back out for public comment … then we will see where we go from there,” Commission Chairman J. Bruce Bugg said.

Additional public input on the I-45 project — at least the seventh time state officials have asked for comments — will be accepted via the month-long comment process for the Texas Department of Transportation’s 10-year plan, set to start July 7. The decision to seek more public comment, should it lead to the project being delayed or removed from the plan, was viewed as a necessary but unfortunate step by commissioners.

“I think it is very sad that we are at the point we are at with this particular project with regard to the amount of work and the amount of public engagement,” said Commissioner Laura Ryan, who lives in Houston.

Tying the project to the long-range plan is significant because as costs increased to a current estimate of $9 billion for the work, it represents about $1 of every $8 Texas will spend on highways during the next decade.

Officials estimate TxDOT has spent $503 million developing the project to this point. Delaying or significantly redesigning the project could make it the costliest highway hiccup in Texas history, far exceeding the $15 million spent on the Trans-Texas Corridor more than a decade ago before the planned tollway got the heave-ho.

[…]

The Federal Highway Administration in March asked TxDOT to pause development activities on the project. That was clarified in a June 14 letter to include any property acquisition and final design efforts after opponents found people still were receiving property offers.

“We’re frustrated that it’s taken the federal government stepping in to get TxDOT to do the right thing,” said Molly Cook, a Stop TxDOT I-45 organizer.

The right thing, however, is what remains in dispute. Supporters have increased their pressure in recent years, as local elected officials have changed. For more than 15 years to the present, Bugg noted there has been strong regional support for the project because I-45 is a crucial travel corridor for all of southeast Texas. Sixteen times, the Houston-Galveston Area Council, the local regional planning agency made up of various elected and appointed officials, unanimously backed the project.

Many local officials still do, including state Rep. Ed Thompson, R-Pearland, who urged transportation officials meeting Wednesday in Austin to charge ahead.

“I do firmly believe this corridor needs to be completed and if TxDOT can push on that they ought to,” Thompson said.

Citing the importance of I-45 to trucking and evacuation of the Gulf Coast in case of disaster, Thompson said delays in construction come with consequences opponents might not recognize.

“I do understand their concerns, but this is also vital to our entire region,” he said.

See here, here, and here for some background. As the story notes, there are competing interests here, as the city of Houston and Harris County and a bunch of neighborhoods and residents have serious concerns about the many effects of the project, while people who are mostly from far outside of Houston and the affected area want this built yesterday. It’s on TxDOT to balance those interests, and the opponents are not going to meekly roll over. It’s not my problem that TxDOT has spent a ton of money on this project without being able to deliver something that is acceptable to those who will be the most directly affected by it.

Superintendent House has arrived

He’s got a lot of work in front of him.

When Millard House II officially [started] as the new superintendent of Houston ISD on Thursday, he [had] a stack of challenges awaiting his attention.

Some students fell further behind during the coronavirus pandemic while others were “lost” amid its grip. The district expects to receive hundreds of millions of dollars in federal COVID-19 stimulus funding with no public plan for the funds in place yet. While teachers are set to receive a raise, their compensation has lagged neighboring districts, and trustees voted three weeks ago to mandate House propose a potentially larger teacher pay raise in August, when the district’s financial outlook may be clearer.

As House assumes his new role, members of the HISD community said they hope he can tackle a variety of priorities, from funding to inequities, and expressed excitement to work with him.

“The first job as a new superintendent is to learn the community, learn our schools, learn our neighborhoods,” said HISD Trustee Anne Sung, who bumped into House this week while visiting schools. “He’s already doing that so I think he’s off to a great start.”

House, 49, who was not made available for an interview this week, arrives from Tennessee, where he led the seventh-largest district in the state, the Clarksville-Montgomery County School System.

[…]

Among the biggest challenges for House and the district will be helping students who fell behind during the pandemic.

Standardized test score data released this week revealed one of the clearest looks yet at the pandemic’s impact. Roughly two-thirds of HISD eighth-graders did not meet math proficiency, compared with 28 percent in 2019.

Additionally, some students stopped attending class altogether, prompting recovery efforts, such as a recent four-day phone bank aimed at convincing some to return.

“We have a tremendous deficit,” said Houston Federation of Teachers President Jackie Anderson, who leads the district’s largest employees union. “We are very concerned about that. I want him to know that it is not an ‘us against them’ — it is ‘we.’ And we all need to be working together, and I think that if that happens … we can be successful.”

Add the STAAR scores to the pile. Superintendent House and the Board and all the stakeholders will have plenty to do to get things going, with federal COVID relief funds available to help out. Here’s his introductory message:

Welcome to Houston. Now please make yourself available for interviews. Thank you, and god luck.

Again with the existential Constable question

Here’s a long and detailed story in the Chron about the history and purpose of the Constable office in Harris County, where they are bigger and do more than anywhere else in the state.

Constable Alan Rosen

The lawsuit’s allegations were stunning: Harris County Precinct 1 deputy constables assigned to fight human trafficking had been exploited and molested by their superiors during undercover “bachelor party” stings. Undercover deputies pretended to be partying, with the hope of convincing escorts to agree to sex for cash — so they could try to build cases against the women’s pimps. But female deputies said they received little training before being thrown into “booze-fueled playgrounds” in which their bosses groped them.

Precinct 1 Constable Alan Rosen defended his agency, saying internal investigators hadn’t found any violations of policy or law, but for many, the accusations against high-ranking officials of the department reignited a debate that has simmered in Houston for the last half century: What is the appropriate role of the constables? And why were deputy constables running undercover prostitution stings — far afield from their traditional roles of policing rural counties or working as process servers and protecting local justice of the peace courts?

Many constables’ offices elsewhere in Texas have just a few employees. But not in Harris County. For a half century, Houston-area constables have steadily accrued more power and more responsibility. Now, they occupy a position unlike any other in Texas. According to records from the Texas Commission on Law Enforcement, Harris County’s largest constable jurisdictions far outnumber any other constables’ offices elsewhere in the state. Harris County’s largest constable’s office, Precinct 4, mans 567 deputies and dispatchers and has a budget of $60 million, according to county records. The largest department outside of Harris County, the Montgomery County Precinct 3 Constable’s Office, has 65 employees, state records show, and a budget of about $6 million, according to Montgomery County records.

Critics say the offices are bloated and out of control, duplicating other law enforcement agencies and creating a two-tier system where wealthy neighborhoods pay for what amounts to a private security force. Defenders say constables provide badly needed backup to the region’s larger departments, while constables themselves say that because they are elected, they are more responsive to their constituents.

“Constables are first line on community policing,” said Matt Wylie, newly elected president of the Justices of the Peace and Constables Association and Constable of the Johnson County Precinct 1 Constable’s Office. “We are elected by smaller percentage of county, more accountable to people we serve.”

The story is based on the scandal in the Constable Precinct 1 office that we are still waiting to learn more about. It’s a long story and there’s way too much to excerpt, but let me address a couple of points. I do think there’s a lot of duplication of effort in what the Constables do versus what the Sheriff and HPD do, and I don’t think there’s any good way to address that. Ideally, there would be better communication and coordination between these organizations, but there isn’t the incentive for that to happen and no way to enforce it. We could of course just limit what the Constables do, so that they’re more like Constables in other counties, but given where we are now that would be a heavy lift.

I know that we have had this discussion before, probably circa 2012 when two different Constables got arrested for various bad acts. In poking around a bit, I see that there was a report by then-County Attorney Vince Ryan on the practices of the various Constable offices. Maybe an update to that report, which is now almost a decade old and was criticized for not being comprehensive enough, is in order. How much duplication of services is there? How much do the Constables fill in gaps in other law enforcement services? What return are we getting on those fancy task forces that several of them have set up? An outside view of all that might shed some light on things.

In the meantime, I just want to know more about what is going on with the Precinct 1 situation. I recognize that there’s only so much that can be said while there is pending litigation, but this is still a public office and we need to know what the scope and purpose of that “human trafficking” division is, and what they have actually accomplished. We needed to know that before all this crap hit the fan.

City victory in water rights lawsuit upheld

Some good news.

A split Texas appeals court ruled Wednesday that a state law that would have stripped Houston of its interest in an unbuilt water reservoir was unconstitutionally retroactive, siding with a lower court that protected the city’s interests.

Two justices on a three justice panel upheld Houston’s 70% interest in water rights at an unbuilt reservoir on Allens Creek, which has suffered numerous setbacks since permits were first issued decades ago to the city and its partner, the Brazos River Authority. The court said that a law passed by the Texas Legislaturein 2019 to transfer the city’s interests to that partner would have impaired the city’s long-term plans related to the water project and that the partner hasn’t shown an overriding public interest in finishing the project that would overcome those concerns.

Just because the city wasn’t acting with urgency to develop the project doesn’t mean the Legislature had shown an overriding interest in upending previously granted rights through the passage of HB 2846, the court said. For instance, while the Legislature was seemingly acting in the public interest when it moved to strip the city of its rights and force a transfer of interest to the BRA, the justices said that decision failed to show how the beleaguered project would necessarily be completed faster since it had already undergone repeated setbacks and was facing years of work before ground could be broken anyway.

[…]

The city described the majority’s decision as a win with bigger implications for municipalities in the Lone Star State and said the ruling allows the city to avoid the forced sale of its “irreplaceable” surface water rights to the BRA without the option to replace the water.

“This a very important victory for Houston and all Texas cities and towns. Fresh water is an irreplaceable resource and the city has for years carefully planned and acquired scarce and very valuable water rights to ensure that the city, its residents and businesses have sufficient water resources to enable the city to grow and prosper in this century and beyond,” Mayor Sylvester Turner said. “House Bill 2846 punished the city’s foresight and endangered Houston’s and all Texas cities’ water supplies and future growth. No city would have been safe had the bill been allowed to withstand constitutional scrutiny. The city will continue to fight to protect the city’s irreplaceable resources.”

The permits for the project were first granted in 2000, when the Legislature gave the project a deadline for construction to begin by 2018. After Houston and the BRA received a $20 million loan to take on the project together, it was hit with numerous setbacks, leading to an extension of that 2018 deadline by the Legislature that gave them until 2025 to finish the project.

When no progress was made by 2019, lawmakers held legislative hearings and ultimately passed HB 2846.

Houston sued that same year, and the district court granted declaratory relief that the law was unconstitutional, void and unenforceable.

A Brazos River Authority spokesperson said it plans to appeal the appeals court decision.

See here and here for the background. The majority opinion is here, the dissent is here, and the case history is here. Not much for me to add except I hope the city wins the next appeal, too.

Glaser removed as HCC Chair

Appropriate.

Robert Glaser

Houston Community College board of trustees member Robert Glaser was removed from his position as chair following allegations that he sexually harassed an instructor.

The board voted on June 25 to replace Glaser with John P. Hansen as chair, according to a university statement. Hansen, who was elected to the board in November 2015, represents District VI and has served on the board for Alief Independent School District for over 20 years, according to his biography on the HCC website.

“Dr. Hansen brings a wealth of knowledge and experience in board leadership in both community colleges and public schools. Dr. Hansen has served in the capacity of HCC Board Chair the previous calendar year and is deeply committed to the mission of our college and the important return to campus across the district,” said HCC’s written statement to the Houston Chronicle Wednesday.

Glaser will remain on the board, according to the statement, and “the Board of Trustees will be cooperating with the appropriate authorities and protecting personnel privacy due to the sensitive nature of these allegations.”

See here for the background. As the story notes, there is an ongoing investigation, about which we know nothing. The Board could not operate with legitimacy with Glaser as Chair while this was happening. Whatever the outcome of the investigation, this was the right thing to do at this time.

Here comes the Delta variant

Be vaxxed or be vulnerable.

Texas Medical Center hospitals are seeing an uptick in patients infected with the COVID-19 Delta variant, and infections are prevalent among young children and adults who have not been immunized.

At Texas Children’s Hospital, fewer than 10 kids have been diagnosed with the Delta variant, which epidemiologists say is more transmissible than the original strain of SARS-CoV-2. Doctors have diagnosed 48 cases of the Delta variant at Houston Methodist since the end of April.

“The big concern with Delta is that it could spread like wildfire,” said Dr. James Versalovic, interim pediatrician-in-chief at Texas Children’s Hospital. Experts expect the numbers to increase in the coming days because the virus is “highly contagious” and can infect even those who have been partially vaccinated. The Delta variant is able to spread more rapidly by binding to host cells in the body. Currently, the variant accounts for one in five cases in the U.S.

Early studies of the Delta variant indicate the current COVID-19 vaccines can protect patients from severe infections. In a pre-print paper published by Public Health England, researchers found the two-dose Pfizer-BioNTech and AstraZeneca vaccines were 96 percent and 92 percent effective, respectively, against hospitalization for COVID-19. Moderna’s vaccine is also effective against Delta, the company said on Tuesday.

Breakthrough infections can occur with the two-dose vaccines, but these infections are usually far less serious than the ones affecting people who have not been inoculated.

“The common theme in Delta variant patients we see is almost none of them have been vaccinated, and that’s especially true for the people who are hospitalized,” said Dr. Wesley Long, an infectious disease expert at Houston Methodist Hospital.

[…]

The emergence of the Delta variant prompted the World Health Organization to issue a new recommendation that all people, regardless of vaccination status, resume wearing masks indoors. Because the new variant is particularly contagious in undervaccinated areas, experts worry it could overwhelm Texas.

“It does raise some concern, because people are no longer practicing social distancing and they’re less consistent about wearing masks,” said Dr. Robert Atmar, professor of infectious diseases at Baylor College of Medicine. “Those individuals who aren’t vaccinated are at risk of getting sick or of needing hospitalization, and the rest of us who are vaccinated could still potentially (become infected).”

There’s basically zero chance that we get another mask mandate in Texas, and there’s no opportunity for the city or Harris County to issue one, either. I have started not wearing masks in indoor spaces, in recognition of my and my family’s vaccinated status, but I may reconsider that. Certainly, anyone with kids under the age of 12 should continue being cautious. Beyond that, it’s the same song, different verse: We need more people to be vaccinated. That is what will greatly slow down the spread of this variant and others like it, and will ensure we don’t have any more spikes in the hospitalization rate. It’s as simple as that.

Andrea Yates, 20 years later

This case still breaks my heart.

Twenty years after their killings, attorney George Parnham still dutifully visits the graves of Andrea Yates’ five children.

He regularly drives to Clear Lake to leave flowers for Noah, 7; John, 5; Paul, 3; Luke, 2 and Mary, 6 months. He makes sure the grass over their graves is cut. He still weeps when he talks about them.

“I haven’t had a case in my entire career that has impacted my life as much as this case has,” said Parnham. “It’s something about the kids.”

During Yates’ 2002 trial, which drew international attention, many couldn’t fathom how a 36-year-old mother could drown her own children in a bathtub. The definitions of postpartum depression and psychosis were not yet commonly known. In order to defend Yates, Parnham had to educate the public about mental illness.

“When a person is suffering from mental illness and is in a psychotic state, they make decisions based on their own reality,” he said. “They don’t have a decision-making process based on rational thinking.”

The case brought mental health awareness, and postpartum mental illness in particular, into public awareness. Since it happened, more therapists, psychiatrists and medical professionals have dedicated their careers to helping women struggling after giving birth. More resources and interventions have also become available.

“Over the years, we’ve seen more and more women speak up and ask for help,” said Dr. Sherry Duson, a licensed therapist and counselor who founded the Center for Postpartum Family Health in Houston . “And there’s a greater understanding among OB-GYN pediatricians that perinatal mental illness is common and treatable and needs to be addressed.”

You should read the rest. It’s still painful to consider all the ways that Andrea Yates was failed by everyone around her, but at least we are more cognizant of mental illnesses, in particular postpartum depression and psychosis, than we were before. And God bless George Parnham for all the work he did on this case, and for his commitment to Andrea Yates and her children after all this time. May we never see another case like this again.

Feds tell TxDOT to slow down on I-45

On pause for however long.

In two letters released Wednesday — one to the Texas Department of Transportation and another to Harris County leaders — the Federal Highway Administration said it expected Texas officials to halt work [on I-45], including the purchase of needed property, on the $7 billion-plus rebuild of the freeway until more scrutiny of the project’s effects on low-income and minority communities and its environmental toll can be completed.

“This is an incredibly rare step, but it is a rare set of circumstances,” Harris County Attorney Christian Menefee said of the federal decision, noting how TxDOT, in his opinion, cut corners on its environmental assessment.

In a statement, TxDOT spokesman Bob Kaufman said the decision to slow development by FHWA “indefinitely suspends key steps” on a project state and local officials have sought for more than 15 years.

“It’s unfortunate there is an expanded delay on this project, but TxDOT remains fully committed to working with FHWA and local officials on an appropriate path forward ,” Kaufman said. “We know that many in the community are anxious to see this project advance.”

Harris County Judge Lina Hidalgo and Menefee said Wednesday the county remains committed to redesigning the proposal.

“We do need and our community deserves an I-45 project, Hidalgo said. “We also need a project that respects the wishes of the community.”

She said TxDOT for the past two years has ignored suggestions from local officials and groups to make the project more transit-focused and displace fewer people.

“You can’t bulldoze your way to a massive infrastructure project without community input,” Hidalgo said. “You cannot bulldoze your way through the Civil Rights Act.”

[…]

The letters reaffirm a request from federal officials in March that work on the controversial project halt until the concerns over equity and the freeway’s design are addressed. Federal officials sent TxDOT the letter after Hidalgo raised objections in May that the highway agency was acquiring property through purchases and eminent domain.

“We share the concerns raised by your recent letter suggesting that TxDOT is not engaging in the pause and may be proceeding with other aspects of the I-45 project,” wrote Achille Alonzi, FHWA’s division director for Texas.

In a letter to TxDOT Executive Director Marc Williams, FHWA officials said any pause applies to “right-of-way acquisition, including solicitations, negotiations and eminent domain, and final design activities.”

Further, federal officials said they are reviewing its agreement with TxDOT signed in December 2019, that allowed the state transportation agency to approve its own environmental impact study and move forward on the project. Texas and California have authority to approve their own projects, provided they show they complied with federal law. The review, which critics have called an audit, means federal officials will double-check Texas’ process, which could take months.

See here and here for some background, and here for a copy of the letters. I’ve been wondering lately if we’re going to see the likes of Greg Abbott or Ken Paxton get involved in this. I mean, we have local Democratic officials brazenly telling TxDOT that they can’t do their job and build their highway like they’re supposed to, and surely this cannot stand. I’m a little surprised there hasn’t been some pushback from the “only Republican governance is legitimate” crowd before now. And I hope I’m wrong to be worried about this. We’ll see how this goes. The Press has more.

Methodist anti-vaxxers officially fired

I have three things to say about this.

More than 150 Houston Methodist Hospital employees resigned or have been fired as of Tuesday over a recent policy that required hospital employees to be vaccinated against COVID-19 by Monday.

All told, 153 people are no longer employees of the Houston health care chain, Methodist spokesperson Patti Muck said. The hospital has about 25,000 employees, nearly all of whom have abided by the policy, Methodist leaders have said previously.

The firings follow a contentious few weeks in which hospital employees staged protests and filed a lawsuit against the hospital, claiming the policy, announced in April, violated their rights. Methodist was one of the first large health care providers in the country to announce vaccine requirements.

“I’m so happy and relieved,” Jennifer Bridges, the lead plaintiff in the suit, said Tuesday. “I don’t want any part of Methodist.”

Earlier this month, a federal judge tossed the lawsuit filed by more than 100 Methodist employees, most of whom were not doctors or nurses. In it, the plaintiffs argued Methodist’s policy violated the Nuremberg Codes, a World War II-era agreement that bans involuntary participation in medical trials.

Bridges said Tuesday that she and others planned to protest outside Methodist on Saturday, and that conspiracy theorist Alex Jones will be in attendance.

See here and here for the background. My three things:

1. I strongly suspect Methodist would say that the feeling is mutual, Jennifer.

2. Inviting Alex Jones to your protest really makes one question the previous statements made about how these folks are not anti-vaccine, just super cautious about this particular vaccine.

3. As Methodist cardiovascular technician Deedee Mattoa says in this story, the real surprise here is not that Methodist followed through, but that Memorial Hermann and Baylor College of Medicine, which have made public promises to require COVID-19 vaccines but have not set deadlines for when staff will need the shots, have not yet followed suit. What are you guys waiting for? The Trib has more.

City appeals firefighter collective bargaining case to Supreme Court

Here we go.

The city of Houston on Monday asked the Texas Supreme Court to weigh in on a recent appellate court ruling that rejected Mayor Sylvester Turner’s attempt to strike down a key provision of state law governing how firefighters negotiate their wages and benefits.

The case stems from a 2017 lawsuit filed by the Houston Professional Fire Fighters Association, which claims Turner’s administration did not negotiate in good faith during failed contract talks between the city and fire union that year.

As part of that lawsuit, the firefighters invoked a provision of state law that allows a state district judge to set their pay after Turner declined to enter contract arbitration. The city responded by arguing it was unconstitutional for judges to determine the pay of firefighters and police officers without firmer guidelines for doing so.

In an appeal filed Monday, attorneys representing the city asked Texas’ highest civil court to reverse a ruling last month by Texas’ 14th Court of Appeals, in which a panel of justices found the provision challenged by the city does not run afoul of the Texas Constitution’s separation of powers clause, which prohibits one branch of government — the judiciary, in this case — from exercising power that belongs to another branch.

Under state law, public employers must provide firefighters and police officers with “compensation and other conditions of employment” that are “substantially the same” as those of “comparable private sector employment.”

In the Supreme Court filing, the city contended that provision does not provide specific enough guidelines for courts to determine firefighter pay, an argument that was rejected by the appeals court in May. Still, city attorneys wrote in the latest filing that the law governing police and firefighter compensation has “existed under a legal cloud with respect to the unconstitutional delegation of legislative power accomplished by this judicial enforcement mechanism.”

See here and here for the background. This is too technical for me to have an opinion about the merits, but as I said before it would not have bothered me if the city had accepted the ruling and gone ahead with the judge setting the firefighters’ pay. I recognize that the downside risk of this for the city is getting a number they would not like, and if nothing else the appeal buys them some time. We’ll see how long it takes SCOTX to handle this.

One more thing:

Meanwhile, firefighters are collecting signatures for a charter amendment that would make it easier to bring contract talks with the city to binding arbitration. Union officials say they are aiming to place the measure on this year’s November ballot.

Insert your favorite GIF of someone shrugging their shoulders here.

It wasn’t just Houston and Harris County that got screwed by P Bush and the GLO

Every time I read something new about this, I get madder.

Disasters have not fallen evenly on Iola and Port Arthur. Hurricane Harvey flooded almost the entire coastal city on the Louisiana border, which was damaged by Ike and Rita before that. Iola, a tiny Grimes County community 100 miles inland, largely is insulated from tropical storms.

Both cities applied for federal Harvey disaster aid distributed by the state. Iola pitched a wastewater system that would serve 379 people. Port Arthur proposed the replacement of century-old storm water pipes to help 42,000.

The state funded Iola’s project. Port Arthur got nothing.

“With our susceptibility to being affected by hurricanes, if those places got money, you know it wasn’t fairly done,” said Port Arthur Mayor Thurman Bartie.

A Houston Chronicle investigation found the $1 billion in aid distributed by the Texas General Land Office in May disproportionately flowed to inland counties with less damage from Harvey than coastal communities which bore the brunt of the storm.

The GLO also steered aid toward counties with a lower risk of natural disasters — by the state’s own measure — and sometimes to projects that help far fewer residents per dollar spent than unfunded projects in more vulnerable counties.

The lowest-risk counties that received awards, like Grimes, were only eligible because of the GLO’s decision to add them. And in some cases, the state funded projects in these places even though they scored worse than applicants in the highest-risk counties, according to criteria the land office set.

Aransas and Nueces counties, where Harvey made landfall, did not receive a dime. Neither did Jefferson County, which recorded the highest rain totals. Same for Houston and Harris County’s governments, even though the county suffered the most deaths and flooded homes from the storm.

“To get goose-egged is really disappointing,” said Nueces County Judge Barbara Canales. “The coast is going to get battered first. … How do you come out of $1 billion and Nueces isn’t even on your radar?”

It’s a great question, one for which Land Commissioner George P. Bush has no good answer. I’ll say this again, this does not happen by accident. Even if it were possible to accidentally create a system that prioritized low-risk, low-population areas over high-risk, high-population areas, there was plenty of time to catch and fix the error, especially since the GLO was explicitly warned about it. They knew which places got which awards well before the information was released, and either didn’t think anyone would have a problem with it or didn’t care who said what.

I don’t blame these low-risk places for applying for the federal funds. They were playing by the rules. The GLO and their deliberately jacked-up scoring system are the problem. As the story notes, the belated offer by P Bush to award $750 million to Harris County (by as yet unknown means), which came about in the face of intense bipartisan criticism, doesn’t do anything for the likes of Nueces or Aransas or Jefferson, or any of their cities. (It leaves Houston out in the cold as well.) At this point, the only sensible and equitable solution is to throw this entire pile of trash away and start over, this time with a scoring system that makes sense and ideally is overseen by someone other than P Bush. I don’t know how to make that happen, I don’t know if it’s possible to make that happen, but it’s the best way forward I can see. Maybe having Congress re-appropriate money directly to the screwed-over localities could work, if it’s possible to get that through Congress and the Senate. All I know is this is totally FUBARed, and there’s no good way forward. We have to go back, and we have to start over. And yes, we should be extremely pissed off about this.

Get ready for your first Universities Line BRT map

Feel the excitement! No, seriously, we’ve waited a long time for this.

The largest and most-sought segment of Metro’s planned bus rapid transit expansion in Houston is poised next week to officially move from being just lines on a map to the starting line — even if construction remains years away.

Metropolitan Transit Authority board members are scheduled Thursday to approve a preferred alternative for the 25-mile University Line, the mammoth route that acts somewhat as an east-west spine of the region’s future transit plans. Setting the preferred route does not lock the agency into that exact path, but instead acts as the goal as design continues, leading to eventual public response to a proposal.

Though preliminary, officials said the approval is a major step for luring federal funding, as well as building the route as soon as possible.

“This is the crown jewel of MetroNext,” Metro board member Jim Robinson said of the line, referring to the agency’s $7.5 billion long-range plan.

Central portions of the line, mostly along Richmond and Westpark, represent the most sought-after but controversial connections in the Metro system. When voters approved Metro’s long-range plan and $3.5 billion in bond authority in November 2019, Metro chairwoman Carrin Patman said closing the gap in frequent, fast transit between downtown and Uptown was the “most logical” major project in the plan.

Construction, however, likely would not begin until 2024 at the earliest, after community meetings and Federal Transit Administration approval. Work likely will happen in sections.

Planning and technical work alone could take the next two years, with Metro set to approve a consulting agreement with engineering firm AECOM, paying it $1 million to start the initial designs. The total cost of the University Line is likely to exceed $1 billion.

As noted before, Metro is moving quickly to try to get federal funds so that design and construction can begin on the timeline indicated above. I support that and hope they’re successful, but I have to admit this all leaves me feeling bittersweet. Remember, the original Metro referendum passed in 2001. The Main Street line opened in 2004. We were talking about designs for what would have been the Universities light rail line in 2005. A combination of some cranky Afton Oaks residents, former Congressman John Culberson, the former Metro board’s incompetence, and the 2008 economic crash have all led to this, where we’re trying again to build something that in another universe might be celebrating its ten year anniversary by now. I feel pretty good about the current plan coming to fruition maybe five years or so from now, but the amount of time that was wasted with nothing to show for it is staggering and nauseating. Let’s please never do that again.

HISD asks for virtual learning funds do-over

I can understand this.

Thirty school districts, including Houston ISD, and two associations signed a letter to urge Gov. Greg Abbott to add legislation funding virtual learning to any special session for other proposed laws.

A bill that would have ensured districts receive funding for each student enrolled in online-only classes died after Democrats broke quorum to kill a controversial voting bill. The bill was expected to be called at 11:40 p.m. on May 30.

The signatories of the letter sent Wednesday — which also include Aldine, Conroe, Goose Creek Consolidated, Klein and Spring ISDs — noted that many districts scrapped plans to offer virtual learning this upcoming school year after the bill did not get a vote.

[…]

“We respectfully request that you add virtual learning to the list of items for the legislature to act on during any special session you call prior to the 88th Legislative Session,” the letter reads. “Over the past year, many students have discovered that virtual learning provides them with an opportunity to learn and grow in their own unique way.”

There is no new statutory framework authorizing remote instruction without the legislation, according to Texas Education Agency. The agency used disaster authority for the 2020-21 school year to OK funding for remote instruction, but that authority cannot be used for the new school year.

Under the proposal, districts and charters with a state-issued academic accountability rating of C or higher for the previous year would have been allowed to operate a local remote learning program. Districts that decided to offer such programs would have had wide discretion over which students could enroll.

The bill was HB1468, with Democratic and Republican authors and sponsors. It makes sense to me, because some kids benefited from remote learning, and some kids who are not able to get the vaccine either due to not being 12 yet or because of underlying health issues still need to stay home. Several teachers unions opposed the bill, presumably because teaching in dual mode is a lot more work without any bump in pay. It would be a simple matter for this bill to pass if added to a special session, since it was well on its way originally, but as we know that is entirely up to Greg Abbott, and who knows what he’ll do.

Kids still get COVID, too

And they need to get vaccinated if at all possible.

Since the Food and Drug Administration approved emergency use of the Pfizer vaccine for 12 to15 year olds on May 10, more than 300,000 Texas adolescents and teenagers have received at least one dose. Girls in this age range are receiving the vaccine at a higher rate (153,000) than boys (149,000), according to Texas Health and Human Services. Nationwide, more than 626,000 12 to 15 year olds have received two doses, according to the CDC.

Though young people can now receive shots, the number of children and adolescents being hospitalized is increasing. The Centers for Disease Control and Prevention released data from the first half of 2021 that shows nearly one-third of adolescents who are hospitalized with COVID-19 require intensive care. Five percent of those patients need to be put on ventilators with supplemental oxygen, as well.

The CDC reports that nearly 400 children and adolescents are currently in hospitals across the country with COVID or complications from the virus. More than 16,000 under the age of 18 have been hospitalized from COVID since the start of the pandemic, and more than 300 of them have died from it, said Dr. Jim Versalovic, interim pediatrician-in-chief at Texas Children’s Hospital.

“This is a huge setback for a child or adolescent with time spent out of school or activities,” Versalovic said. “There’s a long recovery time even if the infection is mild initially.”

He attributes the increase to fewer masks and stagnating vaccination rates.

More than half of all Texans are vaccinated with at least one dose, but that doesn’t mean Houston is free of several coronavirus variants that are more transmissible and deadlier than the original virus.

In the last month, fewer people are masking up in public outdoors and indoors after the CDC said it was safe for vaccinated people to go masklessThree-day holiday weekends and the onslaught of summer weather has turned Houston into the partying swamp city it was before the pandemic, too.

[…]

Versalovic said about 10 percent of children diagnosed with the virus at his hospital require hospitalization. This rate is nearly three times greater than the seasonal flu, which the CDC reported killed nearly 600 children between 2017 and 2018.

Child survivors sometimes have a whole new set of problems when the initial infection clears. Several weeks after other symptoms have gone away, children who had mild COVID develop other symptoms that typically require hospitalization. This is called Multisystem Inflammatory Syndrome in Children, or MIS-C.

MIS-C symptoms include fever, stomach pain, diarrhea, vomiting, neck pain, random rashes and bloodshot eyes. Extreme fatigue is also a symptom, but it’s usually blamed on other problems.

Texas Children’s has vaccinated more than 18,500 12 to 15 year olds since early May. Any person age 12 and older is eligible for a free Pfizer vaccine from the hospital, regardless of whether they are currently a patient. Vaccines are available at six Texas Children’s sites across Houston Monday through Saturday.

The hospital is partnering with Houston-area school districts now to immunize their students, so middle and high schools can open safely for the fall semester, he added.

“We are going to be very busy during the summer months as we seek to immunize as many children as possible,” Versalovic said. “It’s important to protect adolescents to stop the spread of COVID as they get ready for summer activities, camps, sports and the school year in August.”

Not much to say here that we haven’t said already, many times. Get your kids vaccinated. As long as there are unvaccinated and/or immunocompromised members of your household, you should continue with pre-vaccination safety protocols as much as possible, which I know is vastly more difficult now that masks are being removed all over the place. It is true that the health risks to kids from COVID are lower than they are with adults, but they are not zero and they can be serious. For all the progress we’ve made, we’re not out of danger yet.

Methodist anti-vaxxers appeal lawsuit dismissal

As expected.

A group of Houston Methodist employees who sued the hospital system over its COVID-19 vaccine requirement have appealed a ruling dismissing the case.

Over the weekend, U.S. District Judge Lynn N. Hughes tossed the lawsuit, calling it “reprehensible” to compare the vaccine requirement to Nazi Germany’s medical experiments.

“Equating the injection requirement to medical experimentation in concentration camps is reprehensible,” Hughes said. “Nazi doctors conducted medical experiments on victims that caused pain, mutilation, permanent disability, and in many cases, death.”

[…]

Although the lower court judge thought the case had no merit, Woodfill could get traction from the 5th U.S. Circuit Court, known as one of the most conservative appeals courts in the country. On several recent occasions, the 5th Circuit has dealt blows to Hughes, a historically stubborn 79-year-old Reagan appointee.

The appeals court ordered him to re-sentence a defendant in a terrorism case who was accused of supporting ISIS overseas. After Hughes re-sentenced the man to the same abbreviated sentence, 18 months, which did not consider a sentencing enhancement, the government appealed and the 5th circuit removed the sentencing from Hughes’ court.

The 5th circuit also admonished Hughes for remarks he made on the record about female employees of the federal government. Hughes later barred the Houston prosecutor from appearing at the jury trial involved in that case.

More than half of frontline medical workers nationwide have received at least one dose of the COVID-19 vaccine, according to a survey from the Kaiser Family Foundation, a Washington, D.C.-based think tank. But as of April, nearly one in five said they did not plan on receiving a COVID-19 vaccine.

See here for the previous entry. It’s true that Judge Hughes can be a crank, but I kind of doubt that any of those previous instances will weigh on this case. For some analysis of the lawsuit and subsequent dismissal, this WaPo story has some good information.

Valerie Gutmann Koch, co-director of the University of Houston’s Health Law & Policy Institute, called the decision “another step in demonstrating the legality of these mandates, particularly in a health crisis like this.”

“There isn’t much there to rely on to argue these mandates should be illegal,” she said.

[…]

Akiko Iwasaki, an immunologist at Yale University, characterized the lawsuit’s claims as “absurd” in recent remarks to The Washington Post, noting that tens of thousands of people participated in the vaccine trials. The suit also repeats misinformation circulated widely online about the shots altering DNA.

The inoculations are seen as key to a return to normalcy, yet most employers have shied away from mandating them, concerned about the thorny politics and previously untested legal issues. Colleges and universities, along with Houston Methodist and a handful of other health-care institutions, are the exception.

Koch said the ruling shows “employer mandates of the covid-19 vaccine, particularly in the health care arena, are absolutely legal.” She said she expects to see more legal battles around vaccination mandates but noted she has “always predicted that they have very thin legal legs to stand on.”

There is precedent for vaccine requirements, she said, such as when health-care institutions require vaccinations during particularly bad flu seasons. Koch said she was “encouraged by the fact that this was dismissed as quickly and expeditiously as it was.”

Veronica Vargas Stidvent, executive director at the Center for Women in Law at the University of Texas School of Law, said the ruling is based on employment law in Texas, so the extent to which it sets a precedent for other jurisdictions is not clear.

“At least here in Texas, under this ruling, it’s pretty clear employers can require employees to get vaccinated,” she said.

Yeah, I don’t think it should be a surprise that Texas employment laws are much more favorable to employers than to employees. As Reuters notes, Judge Hughes wrote that “Texas law only protected employees from being fired for refusing to commit an illegal act and that the requirement is consistent with public policy.” I’ll be more than a little surprised if the Fifth Circuit decides that this is the place to take a stand in favor of the workers.