The AL4 cast shows up

The Houston Chronicle reports that a few new names have been added to the candidate roster for one of the Houston City Council’s open At-Large seats, specifically position #4, which is held by term-limited Councilmember C.O. Bradford (D-At Large 4). The seat has recently been held by a series of African-American representatives; even lead the standard-bearing Chronicle has noted this. Back in December, I noted that Laurie Robinson — a previous candidate for the city council — will be running for this position. Now, two more names have entered the fold: Amanda Edwards and Larry Blackmon.

Edwards is an attorney at a downtown blue-chip firm, whereas Blackmon is a retired teacher. Both have a number of connections in the local political scene, but they are not especially significant compared to Robinson’s. All three are fairly dependable Democrats, but each have ways of distinguishing themselves. Robinson, for example, ran against a fellow Democratic Councilmember, Jolanda Jones (AL5), when she ran in 2011 (Councilmember Jack Christie (R-At Large 5) also ran, and was the eventual winner). I was not old enough to vote in that election, but I covered the races with some familiarity, and would have voted for Robinson if I had been eligible. She garnered the endorsement of The Young Independents Club of Emery High School, for what it’s worth.

As the Chronicle article notes, this activity is relatively recent compared to the other open At-Large seat, position #1, which is being vacated by term-limited Councilmember Stephen Costello (R-At Large 1), who is also running for mayor. In that race, Harris County Democratic Party Chairman Lane Lewis, HCC Trustee Chris Oliver, Trebor Gordon, Michael “Griff” Griffin, Philippe Nassif and Jenifer Pool will face off.

For the other At-Large races, there aren’t many surprises. Former Councilmember Andrew Burks (D-At Large 2) will seek a rematch against Councilmember David Robinson (D-At Large 2), who defeated him in 2013. Councilmember Michael Kubosh (R-At Large 3) will cruise to re-election with minimal or nonexistent opposition. Perhaps the most intriguing contest is the last at-large position. Christie is reportedly running for mayor, or at least seriously thinking about it, even though he is still eligible for one more term. If he does run, it will create a third open seat. I know of one individual who is all-but-officially running for AL5, Christie or not, but I am not sure if she is willing to go on record yet. For those of you asking, my father will not be running again for the post.

As for AL4 in particular, I have two main thoughts. The first is to not be surprised if yet another candidate jumps in. I have heard about one individual in particular who has intently been looking over the race, and could really make a splash. Second, we officially have a citywide contest with more than one female candidate! In a city where the majority of the council was once comprised of women, female participation in elected municipal office has precipitously dropped. Zero women are, at press time, running for either Mayor or City Controller; a frightfully sad statistic.

In the next few days, when I have time, I will create one of my perennial side pages in preparation for the 2015 Election. Stay tuned!

Brains & Eggs, Dos Centavos and Off the Kuff have more.

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Texpatriate’s Best Councilmembers

Last year, this board examined the best and the worst members of the Houston City Council. After much debate and discussion, we decided to do it again. That being said, our criteria for inclusion — one way or another — has shifted considerably. Last year, we examined which councilmembers agreed with us on our policy goals and priorities the most. As such, the rankings delved into far more of a scorecard than an actual ranking. Looking back, such an assessment of a small and intimate deliberative body was deeply unwise. Being a councilmember, particularly in Houston, is about how one conducts themselves around the horseshoe and around the community. Constituent services are important, no doubt, but what makes or brakes inclusion, in our opinion, are leadership skills and consensus-building abilities.

Additionally, we placed considerable attention on the ability of the individual councilmembers to be unique and independent representatives. Given the strong-mayor system of Houston, this means how much the individuals were able to distinguish themselves from the agenda-setting priorities of Mayor Annise Parker.

Last year, we had nothing but adulation for Parker and her policy goals, whereas this year our opinion has been more mixed. Our reasoning is twofold. First, the composition of this editorial board has been truncated, with an effect of making our overall opinion nominally more conversation. However, we believe the main reason for the departure is that Parker opted to, instead of focus on a plethora of piecemeal accomplishments, pass two major pieces of legislation: a non-discrimination ordinance and an overhaul of vehicle-for-hire laws. We agreed with her on the former and disagreed on the latter, though we had serious reservations with the roll-out on both.

But some of Parker’s other accomplishments were marked with what we deemed to be executive overreach. Perhaps the best example of this was the unilateral decision to allow food trucks downtown, rescinding a dully-passed ordinance in the process. We agree with her on the underlying issue, but found the methods troublesome.

Some of the mayoral candidates for this year’s election, namely former Congressman Chris Bell, has suggested allowing councilmembers to introduce agenda items. We think this is a good idea, and thus have valued councilmembers who we believe would effectively participate in the legislative process.

Finally, we determined that the practice of deriding the “Worst” members of the council was unproductive. Given the small and non-partisan nature of the council, there is little parallel to State Legislature in that way.

Without further ado, we present our list:

THE BEST

MIKE LASTER: IT’S HIS WORLD, WE JUST ALL LIVE IN IT

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City Hall runs on a two-party system. No, not Democrats and Republicans. As any even cursory observer of municipal politics could explain, the system is official non-partisan. Most informed voters could tell you how the candidates fall one way or another, and super-partisans probably care about that type of stuff, but it just is not that important on Bagby street and around the horseshoe. The two parties at City Hall, much like a high school cafeteria, are the in-crowd and the outcasts. You can be on the mayor’s good side or not, and rarely is there a middle ground. The closest thing to one is Councilmember Mike Laster, the Democrat from District J (Sharpstown).

Early this past summer, Laster stood close with Parker as one of the council’s key proponents of the contentious non-discrimination ordinance, sometimes known as the Houston Equal Rights Ordinance (HERO). Be it the press conferences, the never-ending public sessions or the at-times heated debates, Laster was a dependable and steadfast supporter of LGBT rights as well as the plethora of other demographics protected by this good-senses ordinance.

However, unlike some others, Laster was always a pragmatic and respectful voice on this issue. This board believes that the principle of equality for all is indisputable, but that does not mean that legislation ensuring that right must be beyond the horse-trading and moderation of municipal politics. Laster understood this principle well. If and when the NDO fight transforms into a municipal referendum, its survival depends on voices like his to not lose track of the big picture.

But Laster is not just a pragmatic voice in the majority, he can sometimes be an effective member of the loyal opposition. This was seen best during the summer-long fight on vehicle-for-hire ordinance, specifically seeking changes to accommodate Uber and Lyft into the market. Laster, representing an outer-loop middle class neighborhood, did not get caught up in the gleefest over the new yuppie infatuation. Instead, he calmly looked at how changes would affect his constituents, his city and his values. When he determined — rightly so — that the inequities in the system proposed were unfair, he audaciously fought against its implementation.

One may think that, allied with so many of his opponents from the NDO fight, this would have made for strange bedfellows. But Laster is not a tribal politician who holds grudges, especially not at city hall. Always one for integrity, he transcended the “parties” at city hall and assumed his new role capably.

C.O. BRADFORD: THE SMARTEST GUY IN THE ROOM

Politics all too often is about obfuscation, confusion and misdirection. Officeholders love using doublespeak, code words and other silly tricks to avoid telling the truth or to conceal their agendas. Unfortunately, that mindset — typically associated with the dysfunction of Washington — is present within local political structures as well. Thankfully, Councilmember C.O. Bradford, a Democrat from the fourth At-Large position, is one of the dependable voices of reason in the room, to not only cut through the fluff but possessing arguably the best command of the rules of procedure around the horseshoe.

This was perhaps best noticed during the aforementioned vehicle-for-hire debates. Every time Bradford was recognized to speak, he essentially took control of the situation, using his persuasive rhetoric and his encyclopedic knowledge of pertinent rules and procedures.

But, possibly most importantly, we have been in awe of Bradford’s conduct in regard to the aforementioned NDO. Firmly a member of the anti-Parker team, he played devil’s advocate at every turn, examining a roll-out that was at times sloppy and without focus. In the past few months, as opponents have attempted to place a referendum on the ordinance on the ballot, Bradford has been reasonable in his comments. However, on the most important underlying point, Bradford has never, ever wavered from a bedrock belief supportive of LGBT rights.

For one member of this board, the decision to include Bradford was particularly easy. Early last year, the council approved an overhaul of ordinances on stray dogs, and Bradford voted incorrectly in our opinion. Reaching Bradford for comment, he passionately, articulately and demonstrably defended his position in a way that not only made his views understandable but reinforced our positive impressions of municipal politics.

DAVE MARTIN: SPEAKING TRUTH TO POWER

The Houston City Council, like any governmental body, does its fair share of silly stuff, so every one in a while someone has to come along and scream that the Emperor has no clothes, so to speak. That person, on Bagby Street, is usually Councilmember Dave Martin, the Republican from District E (Kingwood).

Undoubtedly the best example of this asinine mindset was on the final day of deliberations on the vehicle-for-hire overhaul. The lobbyists for Uber and Lyft had convinced the council to allow their taxi companies slide by the regulators under a different category than Yellow Cab, Lone Star Cab and others, thus prompting vastly different regulations for each category despite the fact that the services provided the exact same service. This board split on the underlying principle of reforming taxi laws, but we unanimously agreed that two different systems for the same service was exceedingly dumb. Most egregiously, the proposals allowed for the so-called “TNCs” like Uber and Lyft to charge whatever they wanted while the other taxis would have their fares completely locked in by city hall.

We asked a lot of people to explain this at the time, and no one could. All we got were ad hominems and sanctimonious dribble. Evidently, Martin had some trouble understanding the proposal’s value too. After it became apparent that the proposal would pass, Martin worked quickly to submit a handwritten amendment — later approved — that allowed all taxis to charge variable rates. Whatever your opinion on taxi laws, you should at least agree that equity should be present within the regulatory scheme. Martin eventually abstained on the underlying ordinance — poignantly reminiscent of our own indecision —  but his noble dedication to even-handedness was not unnoticed.

That is the best anecdote to illustrate the quintessence of Martin’s time around the horseshoe. Always prepared, always willing to speak truth to power and always a bunch of fun to watch in action. And lest you think Martin is a show-horse, to borrow the colloquialisms used in councilmembers’ mailers, his commitment to constituent services is one of the strongest at city hall.

Martin’s district, with Kingwood on one end and Clear Lake on the other, faces unparalleled challenges in many ways. The geographic diversity, for one, is daunting. But Martin — as well as his ever-talented staff — have worked well to respond to the district’s unique needs.

HONORABLE MENTIONS

ROBERT GALLEGOS: ROOKIE OF THE YEAR

Freshman on the city council often have quite an uphill climb to prove themselves in their first year in office. Proving as the exception to the rule, Councilmember Robert Gallegos, a Democrat from District I (East End), has done exactly. From his staff picks, which included young rising stars and former rivals, to his attention to detail at council meetings, Gallegos has proven himself as a positive addition to the council.

He has been a dependable ally of the mayor, by and large, but Gallegos has also begun setting himself apart. On the NDO, which originally only applied to employers with at least 50 employees, Gallegos spearheaded the amendment that lowered the threshold to 15, drawing the ire of the Greater Houston Partnership in the process. On vehicles for hire, he broke with the administration to champion 24/7 commercial insurance for all taxis, a priority of ours. All in all, look for Gallegos to be going places in the next few years.

RICHARD NGUYEN: PROFILE IN COURAGE

When Councilmember Richard Nguyen, hailing from District F (Little Saigon), defeated the two-term incumbent in 2013, few expected a very newsworthy representative. Little was known about him, but when he interviewed with us during the campaign (one of his few public comments), he disclosed his affiliation was a registered Republican because he believed “strongly in the United States Constitutions [sic].” Needless to say, he was not considered a very likely vote for an ordinance extending non-discrimination to LGBT people.

But Nguyen surprised us. In a heartfelt moment, Nguyen described his emotional journey in coming to a decision to support the NDO, in part because of his responsibility to be a good father to his young daughter. Later, Nguyen — becoming more and more affiliated with Parker — took a further step and officially became a member of the Democratic Party.

No doubt, he will be challenged this year for that brave stand. And while the other details of Nguyen’s first year in office haven’t been extraordinary, that special moment alone was. A courageous act for a courageous representative that his district should be proud of.

THE BULL OF THE BAGBY

MICHAEL KUBOSH: THE PEOPLE ARE THE CITY

Councilmember Michael Kubosh, the Republican representing the third At-Large position, has two main principles as an officeholder that guide how he votes. First, follow the law. Second, follow the people. A successful bail bondsman by trade, he possesses an erudite legal knowledge that could put many attorneys to shame.

This first principle was exemplified best during the vehicle-for-hire debates. New entrants, such as Uber and Lyft, began operating illegally months before the actual council debate. The rogue operators openly flaunted the law of the land, then absurdly asked for a more agreeable set of laws (that they would then supposedly follow). Kubosh would have none of this. In every public session on this issue, he made a point of reminding all who would listen that the new taxis were operating illegally. It is not a very hard principle to grasp, but it appeared lost on most of his contemporaries. In the council meetings following Uber and Lyft’s respective legalization, Kubosh has not lost sight of this pesky fact. Week after week, he inquires as to the adjudication of citations issued to Uber and Lyft drivers while they were operating illegally.

But the second principle is the more fascinating one. Kubosh could be described as a populist, in that he values direct democracy above most else. He first got well known in municipal politics in 2010 after he organized opposition to Red Light Cameras, and successfully spearheaded a referendum against their use. When the council passed asinine restrictions on feeding the homeless in 2012, Kubosh also became a leader in the push the see a referendum on that issue. And now, with the NDO, Kubosh is hoping for the people to voice their opinions on that issue.

This board is not a big fan of voting on civil rights. We disagreed with his vote against the NDO, but his reasoning is consistent and admirable nonetheless. In a day and age where our politics is dominated by ideologues, Kubosh is quite literally the furthest thing from it.

He listens to the people, whatever they say. In the age old dispute of “Delegate” versus “Trustee” systems of representatives, first formulated by Edmund Burke, Kubosh has firmly taken to the latter option. He’s bold, he’s unpredictable and he’s fearless. And while he certainly hasn’t made a friend of Parker, he’s earned our respect.

Now, the rumor is that Kubosh could challenge Congressman John Culberson, a Republican from the 7th district. We’d love to see him in congress, but city hall would certainly lose out.

The Texpatriate Editorial Board is comprised of George Bailey of Boston, Noah M. Horwitz of Austin and Andrew Scott Romo of New Orleans. Editorials represent a majority opinion of the voting board.

Catching up, Part I

In the last week, no shortage of big news has transpired down at City Hall. Coincidentally, I was down there three or four days of the past week, but mostly heard the big news secondhand. Perhaps most importantly, as the Houston Chronicle reports, Mayor Annise Parker has officially nominated her new City Attorney to replace David Feldman, who announced his resignation last month. The nominee is Donna Edmundson, who — if confirmed — would become the first woman to take the city’s top legal job. She has a lengthy and impressive career on the fourth floor, working there for nearly thirty years (straight out of law school).

Among Edmundson’s accomplishments in the past have been working tirelessly against gangs in high-risk neighborhoods, as well as being instrumental in reaching the 2013 deal between Parker and the strip club cabal. Needless to say, the City Attorney’s office will be in capable hands with Edmundson.

The announcement largely took the political community by surprise, as Edmundson was undoubtedly an under-the-radar pick. Many had expected either Lynette Fons, the First Assistant City Attorney, or Steven Kirkland, a Municipal Judge and former Civil District Judge, to be selected.

Standing besides Parker at the press conference that unveiled Edmundson’s selection were City Councilmembers Dwight Boykins (D-District D) and Jack Christie (R-At Large 5), respectively, who both voiced their support of the nomination. The bipartisan support is expected to continue, and Edmundson could easily be confirmed unanimously. The timing is somewhat important, as Feldman — whose last year in office was rocked over the controversial non-discrimination ordinance — is planning on testifying in the upcoming NDO trial.

For those unfamiliar, the NDO prohibits discrimination on the basis of race, sex, religion, sexual orientation, gender identity and a plethora of other demographics in employment (15+ employees) and places of public accommodation. Most of those categories (the notable exceptions being sexual orientation and gender identity) are already protected by state and federal regulations, but this ordinance makes legal options considerably easier/cheaper. Obviously, the protections for the LGBT community garnered those same trite homophobic reactions and blowback, although the Parker administration did foul up the roll-out of the ordinance. I contend that some of the ordinance’s strongest critics, such as Councilmember Michael Kubosh, could have been amenable to supporting the bill if Parker had not been so confrontational and divisive about the whole matter.

Anyways, opponents gathered enough signatures to force a referendum on this topic, but the City Attorney’s office — going around City Secretary Anna Russell, who had certified the petitions — disqualified most of the signatures. Off the court the whole thing went, which brings us to the present.

The Houston Chronicle reports that the trial over these petition certifications will occur on January 20th in the court of Civil District Judge Robert Schaffer, a Democrat. This past week, arguments took place regarding whether or not the case should be a jury trial or a bench trial (decided by the Judge). At the City Council meeting on Wednesday, some members of the Council weighed in on the matter. Kubosh believed that the will of the people should be respected and, as such, a jury trial should be sought. City Councilmember C.O. Bradford (D-At Large 4), who is both an attorney and a supporter of the NDO, agreed that a jury trial would be ideal.

I tend to agree with their sentiment, but think that at the end of the day this is a legal and not a political issue. Schaffer is a very good judge, who checks his politics at the door. I think whatever decision he comes to will be a well-reasoned one.

Speaking of lawsuits, Friday hosted some other big news in municipal politics. Theodore Schleifer at the Houston Chronicle reports that a Federal Judge, Sim Lake (a Reagan nominee), has placed a preliminary injunction on Houston’s municipal fundraising rules, which disallow candidates from raising money before February 1st. Since nothing is expected to change in the next three weeks, the floodgates have officially opened for mayoral and council candidates to begin raising money.

Schliefer, in a subsequent Chronicle post, described the stampede of fundraising that is already abound and how, if the law is definitively declared unconstitutional later this year, it will change the dynamics of local politics. Meanwhile, a separate lawsuit will be heard tomorrow, initiated by former Congressman Chris Bell, a likely mayoral candidate. Bell, as I noted a few months back, has sued Sylvester Turner (D-Harris County), another mayoral candidate, arguing that he violated the spirit of municipal regulations last year when he raised money for an all-but-obsolete legislative account, then later plans to dump all the money into a mayoral account.

As I said back then and still believe, the local campaign finance regulations tend to do more harm than good. But it will be interesting, to say the least, seeing how it will affect the mayoral candidate on the horizon.

Kubosh for Congress?

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Texpatriate reports that a concerted effort has begun to draft City Councilmember Michael Kubosh (R-At Large 3) into running for congress, specifically within the 7th District. Kubosh would challenge the incumbent congressman, John Culberson, in the Republican primary, if he were to run. Kubosh’s office did not immediately return a request for comment, but sources close to the councilmember confirmed that he is intently thinking over the decision to run and he has specifically not ruled it out.

Granted, the 2016 primary is still more than a year away, and a whole lot can happen between now and then. But Kubosh would instantaneously have the superb name recognition needed to run a credible campaign against Culberson, who is not exactly a sterling representative of his constituents.

Culberson, a former state representative first elected to congress in 1998, is an astonishingly lightweight politician. In most sessions, he introduces only a handful of pieces of legislation (sometimes none at all) and does little to nothing to see those bills through the process. His sole claim to fame is grandstanding against the proposed Richmond Avenue light rail line, which he has successfully blocked through bullying, intimidation and dirty tactics for many years. Even though the area in question is no longer in his district (it is in Congressman Ted Poe’s), he has gone to possibly unconstitutional lengths to deny federal funds for light rail expansion. He has also, more recently, set his sights on blocking a bus rapid transit line on Post Oak Road in Uptown.

Ostensibly, this is because of a dedication to property rights. But in literally any other instance, Culberson is a lousy defender of the people against claims of eminent domain, namely when the Katy Freeway was recently expanded. It is obvious he sheds crocodile tears on this issue. Sources close to Kubosh, on the other hand, intimate that he would be more amenable to light rail expansion, much like Poe.

All this is to say that Kubosh would be a remarkable improvement just as a result of not being the incumbent. But since taking office on council in January, Kubosh has served in his own right as an effective and well-intentioned officeholder. Whether or not you agree with him on specific issues, his dedication to the job is nearly unmatched among his colleagues.I have, overall, been a big fan of his tenure and would be most excited to see him run for congress.

A bail bondsman by trade, Kubosh first got his start in politics by organizing the successful referendum effort against red-light cameras. He later lead the charge against an asinine ordinance that criminalized feeding the homeless on public property. Historically associated with Republican causes, many within the political establishment feared that he would be a right-wing rabble-rouser on the council. However, his tenure has proven to be anything but, as he has become a steady, compassionate and articulate voice on the council.

I’d like to see Kubosh in Washington. But, given the choice between Kubosh and Culberson, I’ll pull out all the stops to retire the incumbent congressman.

Stuff at City Hall

I’m starting off on what will be five weeks in Houston for Christmas break. As you may imagine, I am totally elated. For a considerable component of that time, I will be within close proximity to City Hall and everything that occurs there. Now, with the holidays and new year rapidly approaching, you might think that activities have slowed down on Bagby street, but the reality is somewhat different. Specifically, between the council discussing prospective changes to the city charter and the evident regurgitation of a fight over food truck regulation, the council looks to truly have its hands full throughout the remainder of the year.

First, the fight over charter changes marches on, as the Houston Chronicle fills us in on. Last month, I delineated the four specific issues that an ad hoc council committee recently discussed; they are 1) lifting the revenue cap, 2) amending term limits, 3) allowing closed-door meetings and 4) allowing Councilmembers to place items on the agenda. Upon first glance, I had a strongly favorable position toward the first and last suggestions, and was rather ambivalent but leaning toward opposition for the second and third. That being said, the ad hoc committee on this topic, according to the Chronicle, made a point of wanting to hold more meeting around the community regarding these topics before reaching final decisions. They have until August to decide whether or not to officially place these suggestions on the November ballot (charter changes must be approved by voters), which I fully expect them to do.

Additionally, Councilmember Michael Kubosh (R-At Large 3) made a suggestion of possibly amending the charter or engaging in some other type of direct democratic action to counteract the so-called “Homeless feeding ordinance,” which stringently regulates how individuals may feed the homeless on public land, drawing the ire of many churches and charities. The editorial board of this publication has repeatedly castigated the administration for this asinine law and has commended Kubosh’s crusade against it; I definitely hope he gets his case to bring this item before voters. Whatever your opinion of Kubosh, one must admire his ideological consistency when it comes to advocating for direct democracy above all else. Many, if not most, of his contemporaries on the horseshoe could surely learn from him on that front and many others.

Additionally, it looks as though the contentious bickering regarding food trucks may return to City Hall any day now, as Mayor Annise Parker may finally attempt to shove through regulations that largely liberalize rules on the trucks. The Houston Chronicle ran an editorial on the topic, which means this will likely be bound to come up this week.

As I noted in the past, there were a few main points that the trucks and the restaurant association clashed over, namely operating downtown, congregating together and setting up individual tables and chairs. In September, Parker unilaterally decided to allow the trucks downtown, in a move that raised eyebrows from even supporters. As I said at the time, I personally have nothing against allowing the trucks in all the business districts (specifically downtown and the medical center), especially considering they were already allowed uptown and in Greenway Plaza. However, the change in law should have been done the right way, through the council.

For the remaining suggestions, I am split. Allowing the food trucks to congregate, namely in food truck parks, is a rather straightforward suggestion that, as long as the trucks are regularly inspected, really has no drawbacks. However, I cannot say the same thing for individual tables and chairs.

The crux of proposal to reform food truck laws rests upon one simple principle: they provide a different service from restaurants. Since they are not the same as cafes and delis, the argument goes, they should be treated differently. I suppose this stands to reason, but the argument falls apart if individual tables and chairs are erected right next door. At that point, the truck turns into a pop up restaurant, and it should be treated as such.

Additionally, I couldn’t help but chuckle at some of the misleading information passed off as fact in the pertinent Chronicle editorial. The article joyously lauds the new downtown food truck park as some type of busy and successful oasis. Coincidentally enough, I had lunch with the proprietor of one of these such trucks today, and he lamented the strangely slow business out of that same food truck park. It appears that the Chronicle editorials tells the story it wants to hear, not the one that actually happens.

That being said, I do not have a dog in this fight and the resolution of this legislation is placed rather low on my list of priorities. But, like anything else at city hall, the new rules should attempt to be fair and treat the playing field evenly.

Local odds and ends

In the days following the general election, a number of major actions have occurred at the local level. I’ve fallen a little bit behind, so instead of devoting separate posts to all of them, I will try to recap them altogether, since they all have a broadly City-related theme.

First, on Thursday, Judge Lisa Millard of the 310th (Family) District Court put yet another temporary restraining order on the City’s plan to offer full spousal benefits to same-sex spouses of city employees. The Houston Chronicle has outlined the full, nearly year-long, story on that front. Simply put, after Mayor Annise Parker announced the policy about a year ago, Millard placed a TRO on the matter. This, despite the fact that Millard is a Family judge and this case, concerning the constitutionality of a municipal regulation, undoubtedly belongs in a Civil District court (where most of the Judges are Democrats).

At the beginning of this year, the TRO was lifted after the case was moved into Federal Court. Although that Judge, Lee Rosenthal, later determined in August that the case need not be in Federal Court, a separate countersuit that resulted in a Federal holding in favor of the policy still stands. Accordingly, I’m confused as to what authority Millard has to contradict a Federal Judge. The constitution, which this case is ostensibly all about, is fairly clear about the supremacy of the Federal Government over the States. That’s Article VI, Clause II, for those of you playing at home.

If I had to make a guess, I would think that the Feds will once again step in and take this issue out of Millard’s hands. Short of that, I would not be surprised if a higher-up state court tosses this case into the Civil District benches. It is just wholly inappropriate for a judge who oversees divorces and the like to be prognosticating issues like the constitutionality of municipal policies. This is a bad decision from a bad judge, one who was unfortunately re-elected on Tuesday (unopposed as well, adding insult to injury).

The state of Texas’ constitution does clearly note that no subdivision of the state (such as a city) may recognize same-sex marriages. Accordingly, on its face, this policy does have some problems. But what Parker and City Attorney David Feldman argued has been that the US Supreme Court, in its 2013 decision United States v. Windsor, compels Houston to recognize such unions.

The second item of news is that the Parker administration has officially denied a petition effort to compel a referendum on the contentious “Homeless feeding” ordinance. Once again, Mike Morris and Katherine Driessen have the full story on that, over at the Houston Chronicle.

Way back in the spring of 2012, before this publication was even in existence, Parker and a bare-bones majority of the City Council passed a frustratingly silly ordinance that banned the sharing of food with homeless people on public land. Rightly so, the public was appalled by this asinine micromanagement, and an effort went underway to collect signature on a petition to force a referendum. In August 2012, the petitions were submitted, and then the waiting game began. More than a year later, one of the main drivers of this petition effort, Michael Kubosh, was elected to the City Council. Since taking office, he has reminded the administration nearly every week that he expected a decision on this petition effort.

Thursday afternoon, he got his answer, as the city officially denied the petitions. Much like the brouhaha over the Non-discrimination ordinance, nearly double the required minimum signatures were submitted, but half of them were denied. More specifically, about 35,000  names were given, but only about 17,500 were validated, short of the 19,000 required to force a referendum.

Kubosh, for his part, remained cordial and optimistic about the future. He told the Chronicle “I don’t want to have to accept it, but I’ll have to accept it and we’ll just have to figure out what to do next.”

First of all, from a political point of view, kudos to the Mayor’s office for waiting until after the election to wade into this controversial issue. Restraint and political acumen heralded the day here, unlike whatever “bonehead” in the legal department issued those unfortunate subpoenas to pastors regarding the NDO.

I always have been, and continue to be, a steadfast opponent of the ordinance. Criminalizing the sharing of food is just never a good strategy when it comes to the public relations battle, as national stories continue to suggest. If this would have come up for a vote, it would have gone down in flames.

Last, and probably least, there is yet another article in the Houston Chronicle that deals with a second lawsuit filed against the city’s fundraising rules regarding municipal candidates. As many will recall, former Congress Chris Bell, a likely Mayoral candidate, filed a state suit over the rules last month. This time, Trebor Gordon, a past and future candidate for the City Council, is challenging the rules in Federal court.

Gordon’s argument is that the fundraising ban before February 1st violates the First Amendment, as well as spirits of fairness given that elected officials in other offices can still raise money for their incumbent position, then transfer the money to their municipal accounts after February 1st. This is the key complaint of Bell, pointed toward State Representative Sylvester Turner (D-Harris County), the current arguable frontrunner.

“These exceptions codify a shocking bias toward incumbents and the political elite,” said Gordon’s attorney, Jerad Nevjar.

The article doesn’t note which position Gordon will run for, but I have to assume it’s at-large again. He ran a rather levelheaded campaign in 2013, but fell off the deep end earlier this year when talk of the NDO arose. He eventually blocked me and other social liberals from his Facebook after we took exception to his constant homophobic actions, including repeatedly linking homosexuality with bestiality and pedophilia. Now, Gordon notes that he was inspired to run again because of the aforementioned subpoena scandal.

I agree with him that the subpoenas were a poor choice, and I certainly agree that the fundraising rules are wrong — if not unconstitutional. But perhaps he is not the best messenger.

Council expands recycling citywide

The Houston Chronicle reported yesterday that Mayor Annise Parker unveiled a new plan to bring curbside recycling to every Houstonian by year’s end. Specifically, a roll-able 96 gallon green bin will be delivered to all the houses within the city limits, for absolute ease in recycling. Today, the Houston City Council voted unanimously (with the Mayor absent) to spend more than $5 Million to accomplish this ambitious task. The Council held a long –and often rambling– debate on the merits of recycling and the quixotic one-bin-for-all program.

Roughly 30% of houses in Houston are either without any form of recycling or merely have the bulky green bins one must carry by hand. As some may recall, I blasted the Mayor’s short-sighted proposals to “expand” the recycling program last year, which unreasonably focused on upgrading those with the handheld bins to the rolling bins, rather than providing every Houstonian at least some baseline of coverage. Unsurprisingly, the priorities on recycling went to richer and Whiter neighborhoods. District C, arguably the most affluent district, already had virtually full coverage. Some of the comparably poorer districts, including District D and District I, had much more spotty coverage.

One of those portions of District D is most of Midtown, which is still without any semblance of recycling service. When I worked in Midtown, as recently as last year, I would have to give any aluminum cans I had accrued throughout the day a 30 minute ride back to Meyerland if they stood any chance of being recycled.

Indeed, Councilmember Dwight Boykins (D-District D), who represents the area, has been particularly vocal about this matter. “The beauty of this thing is that everybody will be able to participate in the recycle process,” Boykins recently told the Chronicle on the subject.

Obviously, I am elated to hear this much needed adjustment to the city’s sustainability program has occurred.  As much as we hate to admit it, people will rarely go out of their way to do things such as recycle when their exists a much-easier alternative. Blame it on laziness or business or something else entirely, that’s just how it works in society. Accordingly, recycling rates only tend to rise when recycling containers are as ubiquitous as garbage cans. It’s simply naive to think differently.

However, the one-bin-for-all decision is still somewhere in the future, and I look forward to how the City Council deliberates that matter. Councilmembers C.O. Bradford (D-At Large 4), Michael Kubosh (R-At Large 3), Mike Laster (D-District J) and Dave Martin (R-District E) were particularly vociferous in their remarks today. I honestly am still undecided on that issue, with even left-wing environmental groups being skeptical. I can’t wait to hear what some of these councilmembers have to say at the pertinent time.

What do you think?