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.

David Feldman resigns

The Houston Chronicle reports that David Feldman, the City Attorney of Houston, has resigned. Feldman took office in May 2010, a few months into Mayor Annise Parker’s first term, and has worked under her for the succeeding nearly five years. Now, with just a little more than a year left on Parker’s final term in office, Feldman is out the door.

Ostensibly, it is because he wishes to go into private practice with his son, who is also an attorney. But Feldman, a former partner at the blue-chip firm Vinson & Elkins, would have surely had that opportunity — as well as a plethora of others — waiting for him at the end of Parker’s time in office. Some individuals, namely former Harris County Republican Party Chairman Jared Woodfill, contend that Feldman is leaving because of the firestorm that erupted regarding the recent asinine decision by Feldman’s office to subpoena pertinent sermons from pastors, namely those involving the non-discrimination ordinance and its succeeding referendum effort. Feldman, for his part, claims he did not personally authorize the subpoenas but conceded that the issuing of them was a blunder on his part.

Interestingly enough, Feldman’s resignation — which will take effect on January 16th of next year — occurs just before a planned trial on the validity of petition efforts to overturn the aforementioned NDO. Feldman himself intimated to the Chronicle that he wished to resign before the trial, so that he could testify and not disqualify the Legal Department staff from serving as counsel. However, the cottage legal expert that the Chronicle sought out even noted that such drastic concerns were patently silly. My legal sources have said the same thing.

The Chronicle article is yeoman’s work by Mike Morris, and it essentially pens Feldman’s political obituary; I highly recommend reading the whole thing. One point of note is that, even among ideological opponents on the NDO, such as Councilmember Oliver Pennington (R-District G), Feldman was well-liked as an honest hard worker. Although his legacy will likely be cemented in that controversial ordinance, he does have a history of working hard to achieve many of the other city goals.

I think I am most curious, however, about the exact decision for Feldman to leave office. As the Houston Press notes (as well as the Chronicle article), the city is also approaching a big battle with the Firefighter’s Union regarding contracts. The interim president of that union, as the Chronicle quotes, did not have any kind words for Feldman on the news of his departure.

I’m in Galveston this morning, but I can still hear quacking all the day from City Hall. As Parker enters the final few months of her term, more and more senior staff will begin jumping ship. Not necessarily a judgment on her administration in particular, just a common component of the six-year itch in municipal politics. One must wonder, though, if the negative press over the NDO played a greater part specifically in Feldman calling it quits.

Is Ben Hall running as a joke?

The Houston Chronicle reports that former City Attorney Ben Hall, who recently announced his intent to run for Mayor yet again, has released his second radio ad, nearly a full year ahead of the election. The ad features fictional characters, named “The Harrison’s,” debating Houston politics and lamenting Hall’s previous untruths, complete with a jingle and everything. I’m serious.

The 60-second spot, which you can find at this link, features a fictional African-American couple, initially complaining about the end of this most recent election, debating the merits of Hall’s second candidacy. The husband, later identified as George Harrison, thinks he sounds “so sincere” this time, but his wife, Christine Harrison, made a point of noting Hall’s dishonesty in the most recent election. She brings up his broken promise on holding community meetings. Then, the ad just throws a bunch of stuff at the wall and hopes some of it sticks. Specifically, Mr Harrison makes a point of bringing up “Subpoena-gate,” when Mayor Annise Parker’s administration foolishly tried to subpoena sermons by anti-LGBT clergy as part of the discovery process in the lawsuit against the non-discrimination ordinance.

I don’t even know where to begin with this one. Perhaps Hall thinks that humility could be an asset, but it just doesn’t work like that. Just ask Jerry Springer how well admitting your mistakes work. Generally speaking, if you make up fictional characters in a commercial, your level of support among them should be just about unanimous. Not 50%. Like his myriad of campaign blunders the last time around, Hall appears to just micromanaging his campaign away from any semblance of logic and reason.

Perhaps even more than the last time around, Hall appears willing to spend a considerable sum of money on his delusional dream of getting elected Mayor. I think it’s safe to say that he will never, ever be the Mayor, which begs the question as to why he is trying so hard. I suppose he could be testing the waters rather hard now, so that he could abort his candidacy by the spring if things do not appear to be causing much traction. But that’s just my guess.

The significantly more problematic side effect of Hall’s candidacy could be playing spoiler to the candidacy of State Representative Sylvester Turner (D-Harris County). Hall could arguably split the African-American support with Turner. And while Turner, the arguable frontrunner of the race, has a rather broad coalition, he could rely greatly on that demographic if his intention is to win next November without a runoff.

What do you think of Hall’s new ad?

Hall 2.0

I will preface all my remarks with a full confession that, once upon a time, I greatly respected Ben Hall, the former City Attorney, as a politician of honor and integrity. In fact, about two years ago, when he first announced his candidacy in the 2013 Mayoral election and made his first appearance on this publication, I noted that “in an open election, I probably would have supported Ben Hall.”

Over the next year, Hall ran what could generously be called the worst campaign I have ever bared witness to in municipal politics. He was scattered, dishonest and unnecessarily abrasive. I strongly urge you to read through some of my archives tagged under “Ben Hall,” and you will find someone whose patience grows thinner and thinner as time went on. Hall spent a 12 month campaign without bringing up any concrete issues. He merely spoke in broad platitudes, or with unsubstantiated claims about his opponent, Mayor Annise Parker. The few times that he did open his mouth, Hall sometimes contradicted himself, such as his hypocrisy on a proposed non-discrimination ordinance.

Hall’s campaign was also marred by myriad controversies involving his integrity. The Parker camp honed in on Hall’s nasty little problem with not paying his taxes, while Sophia Arena and I published a lengthy exposé on some other conflicts of interest in the past. Simply put, when Hall announced today that he would run for Mayor again next year in the open election, and would immediately begin running radio ads (as reported by the Houston Chronicle), I was not pleased, to say the least.

Hall joins an already crowded list of prospective mayoral candidates, including but not limited to State Representative Sylvester Turner (D-Harris County), former Congressman Chris Bell, Sheriff Adrian Garcia, METRO Chairman Gilbert Garcia, former Kemah Mayor Bill King and City Councilmembers Stephen Costello (R-At Large 1), Jack Christie (R-At Large 5), Oliver Pennington (R-District G) and Ed Gonzalez (D-District H).

In Hall’s 60-second radio spot, triumphant music plays as he narrates. “Last year I promised to have a conversation with you about the things we needed to do to improve our city,” he says. “Unfortunately, that didn’t happen.”

Hall’s ad appears to glance past the fact that he chose to ignore those important issues, and he spends about the next 50 seconds speaking once again in broad platitudes. The one exception, however, is getting in a cheap shot about “Subpoena-gate,” when the mayor’s office made a bone-headed decision to go after the sermons of pastors who railed against the non-discrimination ordinance. As I referenced above, Hall has — at one time — both supported and opposed that ordinance. Ambiguous banalities aren’t doing much to clear up the confusion.

In other news, HCC Trustee Carroll Robinson officially announced his candidacy for City Controller. Robinson, a former member of the City Council, already has a great deal of community support. His likely competitors will be Dwight Jefferson (current METRO Board member and former District Judge) and Bill Frazer (an unsuccessful 2013 candidate).

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.

Subpoenas droppped

Yesterday, Mayor Annise Parker finally agreed the drop the controversial subpoenas issued against clergy for supposed comments made regarding the recent Non-discrimination ordinance. I talked up this issue somewhat thoroughly a couple weeks ago when the subpoenas were first issued, so I do not think I will get into weeds of all that again.

First, the Parker administration narrowed the scope of the subpoenas to explicitly make the point that they wished to only cover topics directly related to the petition effort against the NDO, not any broad topics on the underlying issues. Still receiving derision from across the country, Parker and City Attorney David Feldman relented and dropped the subpoenas. However, as the Houston Chronicle noted today, religious and conservative leaders are still up in arms about the actions.

Litigators and others with some familiarity between the city and those religious leaders bringing suit against the city (please see previous post for more on that) will know that these subpoenas are fairly routine parts of the discovery process in a lawsuit. However, the ultra-religious, ironically those preaching hellfire and damnation against some others most obstreperously, are remarkably gifted at feigning outrage and phony persecution. If you ever dare to suggest that Churches stop impeding upon the state, they scream persecution and “War on Christmas” and all that hyperbolic silliness. Nick Anderson, the Pulitzer Prize-winning cartoonist at the Chronicle, illustrated this very point better than I could write on it.

But, separate from what is legally correct, this whole issue was politically wrong. Actually, that’s an understatement, it was a political atrocity. Parker succeeded in awakening the angry conservative masses that had finally subsided following the “Summer of HERO.” She succeeded even in bringing attention to this delicate issue from all across the country. And the annoying way that the issue was fumbled led even left-of-center outlets to react skeptically to this whole production.

Make no mistake, a referendum will still probably be held on this ordinance. When that day comes, because of the Parker administration’s trigger-happy maneuvering, the contest to save the NDO will be even more uphill. National Republican groups will pour in money against the ordinance. And negative campaigns against Democrats have already started  by dredging up this issue.

I am still a steadfast supporter of this ordinance, which is what makes seeing this boondoggle unfold is all the more troubling. The most vociferous opponents against the NDO engage in slimy tactics; the proponents, particularly those in City Hall, should not sink to that level.