Tag Archives: Houston Equal Rights Ordinance

Houston Politics

Texas Supreme Court Sides with HERO Opponents on Ballot Language

1 Comment

As election day fast approaches, the situation surrounding the Houston Equal Rights Ordinance continues to be complex.  Showing no concern for perception, the State Supreme Court has jumped at the chance to heighten the drama.  As Mike Morris of the Houston Chronicle reports, the fact that City Council placed HERO on the ballot is not sufficient…

The Texas Supreme Court has again overruled Mayor Annise Parker’s administration in connection with the legal fight over her signature nondiscrimination ordinance, ruling Wednesday that the mayor and City Council erred in choosing the language that will appear on the November ballot when the ordinance faces possible repeal.

The justices, writing in “yet another mandamus proceeding concerning the City of Houston’s equal rights ordinance,” said the city charter is clear in requiring that voters be asked to vote for or against the ordinance. Parker had instead argued it was proper to vote for or against repealing the measure, and the council approved language with that approach Aug. 5.

“Though the ordinance is controversial, the law governing the City Council’s duties is clear. Our decision rests not on our views on the ordinance — a political issue the citizens of Houston must decide — but on the clear dictates of the City Charter,” the justices wrote. “The City Council must comply with its own laws regarding the handling of a referendum petition and any resulting election.”

Plaintiff and conservative activist Jared Woodfill said the original ballot language was “all about deception and trickery.” Woodfill noted that opponents have now sought and won two opinions on the ordinance at the state Supreme Court — the first essentially forcing a repeal or vote on the ordinance and now one on the actual ballot language.

“Deception and trickery” are an interesting choice of words from Mr. Woodfill.  Given the ridiculous amount of time that he, the Houston Area Pastor Council and HERO opponents spend promoting  the myth of predatory males lurking in a women’s restrooms, he’d seem to be an expert at both.  They have lied about the non-discrimination ordinance every step of the way, and two Supreme Court rulings in their favor cannot change that as fact.

But unfortunately, what this latest ruling can do is force City Council to call a special meeting and review the ballot language before the August 24th deadline.  As discussed previously, the ballot language is hugely important to HERO opponents because it allows them to deploy campaign tactics which have been successful in previous situations.  It also means that all of the propaganda and information they’ve already produced against HERO does not have to be changed.

If there is any positive to be had, it’s that Houston Unites— the campaign launched to protect the Houston Equal Rights Ordinance, has now launched and is off to a great head start.  Check back later this week for more information on the Houston Unites group.

Texas Leftist will have more as it develops.

TXScotus

(Photo credit:  RMI Limited)

Houston Politics

Another HERO Lawsuit, and the National Fight Against Equal Rights

3 Comments

That onslaught of lawsuits mentioned earlier this week??  Well here it comes, right on schedule.

Equality opponents really are throwing yet another lawsuit into the mix, even after they achieved their long-fought goal of getting the Houston Equal Rights Ordinance placed on the November ballot.  As Katherine Driessen of the Houston Chronicle reports, this time their anger stems from the chosen ballot language…

Equal rights ordinance opponents on Friday sued Mayor Annise Parker for the second time this week, challenging the ballot language that will go to voters in November.

At issue is whether the ballot item should ask voters if they favor repealing the law or not, or if they support implementing the law or not. City Council approved sending the equal rights ordinance to voters on Wednesday, under order from the Texas Supreme Court to either repeal the law or affirm it and place it on the November ballot.

Then, City Council tackled the ballot language. Attorney Andy Taylor, who represents the opponents, told City Council he believed City Charter does not allow for a suspended ordinance — the law has been tabled, under court order — to be voted on by repeal.

The current ballot language asks “shall the city of Houston repeal the Equal Rights Ordinance” — so a supporter of the law would vote against it, and an opponent would vote in favor. In a press release, Taylor said the “Mayor decided to play games with the language in an effort to confuse voters on the effect of a ‘Yes’ or ‘No’ vote.”

Taylor has submitted an emergency mandamus relief request to the Texas Supreme Court. In order to meet a late August deadline for ballot items, City Council has only one meeting left to re-vote on the language if ordered to do so.

Mayor Annise Parker did not respond to a request for comment but on the Houston Matters radio show Friday afternoon she said the lawsuit lacked merit. The language, she noted, was taken from a repeal referendum petition opponents submitted last summer.

At issue is careful semantics that are embedded into the Houston City Charter.  On Wednesday, City Council approved the following language, based on the repeal petition’s original request…

“Shall the City of Houston repeal the Houston Equal Rights Ordinance, Ord. No. 2014-530, which prohibits discrimination in city employment and city services, city contracts, public accommodations, private employment, and housing based on an individual’s sex, race, color, ethnicity, national origin, age, familial status, marital status, military status, religion, disability, sexual orientation, genetic information, gender identity, or pregnancy?”

But plaintiffs filed the latest lawsuit because they contend the chosen ballot language does not satisfy rules set by Charter Article VII-b., Section 3.  Here is an excerpt of that…

…Immediately upon the filing of such petition the City Secretary shall do all things required by section 2(b) of this Article. Thereupon the Council shall immediately reconsider such ordinance or resolution and, if it does not entirely repeal the same, shall submit it to popular vote at the next city general election, or the Council may, in its discretion, call a special election for that purpose; and such ordinance or resolution shall not take effect unless a majority of the qualified voters voting thereon at such election shall vote in favor thereof.

In agreement with the Charter, the ordinance has been submitted immediately for reconsideration, and for popular vote.  But while the Charter does say that a vote must be in favor, it does not specify clearly if all votes must be in favor of the ordinance, or in favor of repeal.

On this point, there was vigorous disagreement even among the Council table.  C.O. Bradford, who supports the Houston Equal Rights Ordinance, sided with the plaintiffs on the ballot language, warning that it left City officials open for such a lawsuit as filed today.

So there you have the legal wrangling, but here’s the real reason that HERO opponents (A.K.A. the Houston Area Pastor Council/ Texas Pastor Council/ US Pastor Council) want ballot language for a vote in favor of the ordinance.  The entirety of their campaign has already been constructed around their side voting against the ordinance.  Remember the original slogan they employed was “NO Unequal Rights”

No Unequal Rights

According to sources which cannot yet be revealed by Texas Leftist, the Pastor Council has stockpiled mailers, posters, other campaign materials and possibly even media spots that they are ready to unleash against HERO.  It’s likely to be an onslaught never before seen at for a local election.  So taking away the ability to tell their side to “Vote NO!”  foils much of those plans, and forces them to reverse course and spend money on a whole new campaign.

The “Vote NO!” arena has already been tested, and victorious.  Last fall, the US Pastor Council produced a battle to defeat the Non-Discrimination Ordinance in Fayetteville, Arkansas, and won that battle with 53 percent of the vote.  Repeal 119 was one of the “test markets” for persecution of local non-discrimination ordinances across the United States.  Make no mistake… this is a national fight against equal rights, with Houston currently taking center stage.

Lest we forget, the persecution of equality is much more than a religious conviction for the US Pastor Council.  It also puts them on the fast track to fame and fortune across the United States.  Like any group that has been suddenly cast into the spotlight, they will do and say whatever they can to gain more power, money and influence.  For those that support equality, this is a necessary factor to keep in mind.

Whatever the final ballot language, this November’s election just got a lot more complicated.

No Unequal Rights

 

Equality, Houston, Houston Politics, Texas

Houston Equal Rights Ordinance WILL See 2015 Ballot

Leave a comment

Just over 1 year ago, the Houston Equal Rights Ordinance faced a contentious vote to be approved by City Council.  At that time, opponents questioned the need for local protections against discrimination, and even promoted blatant lies about the law regarding restroom usage.  After hours of debate and impassioned stories, HERO was passed.

But the drama and legal challenges continued, all of which (thus far) have now lead up to today’s Council meeting.  As Katherine Driessen of the Houston Chronicle reports, HERO now faces voters for the 2015 election…

City Council voted to affirm Houston’s equal rights ordinance Wednesday, a move that will send the law to voters in November per a Texas Supreme Court ruling.

City Council voted 12-5 to leave the law in place, with Councilmen Dave Martin, Oliver Pennington, Michael Kubosh, Jack Christie and Councilwoman Brenda Stardig voting to repeal the ordinance. A Texas Supreme Court ruling issued last month ordered the city to either repeal the ordinance or put it on the November ballot.

“All we’re saying by this is that everyone should have an equal opportunity to equal rights,” Councilwoman Ellen Cohen said.

City Council approved the equal rights ordinance 11-6 in May 2014. The ordinance bans discrimination based not just on sexual orientation and gender identity – the flash points for opponents – but also, as federal laws do, sex, race, color, ethnicity, national origin, age, religion, disability, pregnancy and genetic information, as well as family, marital or military status. The ordinance applies to businesses that serve the public, private employers, housing, city employment and city contracting. Religious institutions are exempt. Violators can be fined up to $5,000.

“Let the people vote!”  was the unending battle cry and singular for HERO opponents, as was evidenced at I Stand Sunday— the worldwide telecast which thrust the Houston Area/Texas/US Pastor Council into international fame and almost certain fortune.  In today’s vote by City Hall to place HERO on the ballot, it’s safe to assume that anti-equality leaders have gotten what they want.

But if one assumes as much, they probably little the need for fame and attention… once you get it, you only want more.  So it’s no surprise that the Pastor Council has planned an onslaught of lawsuits against the city, including suing for the legal fees they chose to incur thus far.

Texas Leftist will have more on the Pastor Council(s) soon.

Equality2

Texas Politics

Texoblogosphere: Week of July 27th

Leave a comment

The Texas Progressive Alliance is always on the side of equality as it brings you this week’s roundup.

Off the Kuff decries the Supreme Court ruling that will force a vote on whether or not to repeal Houston’s Equal Rights Ordinance.

Harold Cook explains why the Republicans won’t nominate Donald Trump, but won’t be able to escape him, either.

Libby Shaw at Texas Kaos and contributing to Daily Kos never ceases to be amazed by Rick Perry’s serial hypocrisy. Have YOU No Decency, Rick Perry?

Socratic Gadfly talks about the Dunning-Kruger effect and why many people think their local race relations are much better than national race relations.

CouldBeTrue of South Texas Chisme notes that many people in South Texas do not have clean drinking water. This should be a scandal, but, as Donald Trump has amply explained, Texas Latinos are nothing but piñatas to republicans.

Ben Hall and Steven Hotze, Ben Hall and Dave Wilson… a lot of prayers got answered for the Houston bigots and homophobes when the Texas Supreme Court ordered the City of Houston to either repeal its equal rights ordinance or put it on the November ballot. PDiddie at Brains and Eggs knows that we don’t need another HERO referendum, but we’re going to get one anyway.

With football season fast approaching in Texas, Neil at All People Have Value posted about the NFL’s refusal to allow Junior Seau’s family to speak at his Hall of Fame induction as Seau’s family sues the NFL over his terrible head injuries. Football is unsafe to play at any level. APHV is part of NeilAquino.com.

=====================

And here are some posts of interest from other Texas blogs.

The Texas Election Law Blog tries to clear up some confusion about resignations and vacancies.

Ex-pat Texan Elise Hu-Stiles documents what it’s like to live and have children in Seoul, South Korea.

The TSTA Blog wishes our state leadership cared as much about schools as teachers, parents, and charities do.

Scott Vogel, editor of Houstonia, has some choice words for a couple of readers who objected to an ad showing a multi-racial family.

Tamara Tabo examines the problems of jail surveillance cameras.

Paradise in Hell knows that Texas is great in spite of Rick Perry, not because of him.

Eric Berger geeks out over the pictures from Pluto.

Grits for Breakfast tries to distill some lessons from the Sandra Bland tragedy.

IMG_2967

 

(Today’s feature photo is of a mural at Blackshear Elementary School in Houston’s Third Ward, created by artist Anan Ronen.  Photo by L. Wayne Ashley)

Houston Politics

Texas Supreme Court Says HERO Must Be Placed On November Ballot

Leave a comment

The Conservative-leaning Supreme Court of Texas has sided with anti-Equality plaintiffs in a Friday morning ruling.  Here’s the story from Rebecca Elliott of the Houston Chronicle…

The Texas Supreme Court ruled Friday that Houston City Council must repeal the city’s equal rights ordinance or place it on the November ballot.

The ruling comes three months after a state district judge ruled that opponents of Houston’s contentious non-discrimination ordinance passed last year  failed to gather enough valid signatures to force a repeal referendum.

“We agree with the Relators that the City Secretary certified their petition and thereby invoked
the City Council’s ministerial duty to reconsider and repeal the ordinance or submit it to popular
vote,” the Texas Supreme Court wrote in a per curiam opinion. “The legislative power reserved to the people of Houston is not being honored.”

The city’s equal right ordinance bans discrimination based not just on sexual orientation and gender identity but also, as federal laws do, sex, race, color, ethnicity, national origin, age, religion, disability, pregnancy and genetic information, as well as family, marital or military status.

Houston City Council has 30 days to repeal the ordinance or place it on the November ballot.

The ruling overturns a lower court decision of the district court.  It also seems to ignore copious evidence submitted by the city that proved the petitions were wrought with fallacies, including not listing the resident county of the signee, some pages that may have been forged, and other issues.

petition p1

A sample page from the original petition to place HERO on the ballot reveals that plantiffs did not comply with Texas Election Code which governs how petitions must be submitted.  

Oddly enough in the full text of the Texas Supreme Court opinion, the author even makes explicit mention of the rules governing how citizens must submit petitions.  One has to wonder if the court actually saw the document before issuing their decision.

During the 30 day decision period, the Houston Equal Rights Ordinance has been suspended, effective immediately per the ruling.

This is breaking news, so check back later for more.

Houston Politics, Texas Politics

Post Court Ruling, Houston Equal Rights Ordinance Now In Effect

1 Comment

Today marks another huge victory for the city of Houston and supporters of equality, as a Texas District court rules against petitioners of the Houston Equal Rights Ordinance.  Here’s the story from Katherine Driessen of the Houston Chronicle…

After separate rulings from both a jury and state District Judge Robert Schaffer, attorneys for both sides entered dueling counts of the valid signatures, adding and subtracting voters as Schaffer responded to motions. By early this week, the counts were closer together than ever before, fewer than 1,000 signatures apart.

Ultimately, Schaffer on Friday ruled the final count of valid signatures was 16,684, leaving opponents short of the threshold required in the city charter of 17,249 signatures, or 10 percent of the ballots cast in the last mayoral election.

[…]

The law, on hold during trial, is now in effect, according to a city spokeswoman. Mayor Annise Parker released a statement celebrating the verdict.

“I would hope that the plaintiffs would not appeal, they lost during a jury trial and today they also lost with the judge’s ruling,” Parker said. “Now all Houstonians have access to the same protections.”

The day’s news marks the end of a huge week for Houston Mayor Annise Parker as well, who just gave her final State of the City address on Thursday.

Though the District Court ruling may come as quite the surprise to many Texans, it should be of little surprise to those familiar with the shoddy work of Anti-HERO petitioners.  When reviewing the signatures City of Houston officials, independent review groups, the jury and the judge were all able to uncover glaring errors and inconsistencies.  Yet still, today’s decision is both a relief for supporters and a great victory, as the Houston Equal Rights Ordinance can now take full effect.

More news is surely to come.

Equality, Texas Politics

Texas Wins: Business Leaders Push Back Against Discrimination Efforts

Leave a comment

With historic progress now being made toward the goal of marriage equality in the state of Texas, new initiatives are ready to take on a much larger, more complex fight.

The new campaign, called Texas Wins, is focused on stemming the tide of Anti-Equality populism that has taken over many state legislatures across the country.  Here’s more from their inaugural press release…

AUSTIN, TX – A new multi-million dollar campaign, Texas Wins, kicked off today amid alarming efforts to openly promote – and expand – discrimination in the Lone Star State. Through business outreach, strategic communications, advertising, opposition research, and grassroots mobilization, the campaign will amplify the values of opportunity and fairness shared by a majority of Texans. Former George W. Bush media advisor Mark McKinnon will serve as chair of Texas Wins.

“All hardworking Texans should be able to put food on the table and a roof over their heads,” said Christina Canales Gorczynski, Texas Wins campaign director. “So it’s shocking that gay and transgender Texans can still be fired from their jobs or denied housing simply because of who they are. And, just as bad, such discriminatory policies are potentially expanding beyond the LGBT community to include veterans, single moms, people of faith, and many others. This is a can of worms we don’t want to open. Discrimination of any kind is not in line with Texas values.”

At the Capitol, aggressive efforts from Republican legislators are seeking to roll back municipal protections passed in many Texas major cities, like the Houston Equal Rights Ordinance, which seek to ban discrimination of all citizens including the LGBT population.

But within weeks of the launch of Texas Wins, the state received possibly its biggest win on the issue.  Here’s more on that from John Wright of the Texas Observer…

The Texas Association of Business has come out against two religious freedom resolutions that critics say would enshrine a “license to discriminate” against LGBT people in the Texas Constitution.

TAB, which is the state’s powerful chamber of commerce, unanimously adopted a resolution last month opposing House Joint Resolution 55 and Senate Joint Resolution 10, by Rep. Jason Villalba (R-Dallas) and Sen. Donna Campbell (R-New Braunfels), respectively.

Chris Wallace, president of TAB, said more than 100 members of the board voted to add opposition to the resolutions to the group’s legislative agenda at a statewide meeting Feb. 17.

“We feel that this will certainly make our state look very much unwelcoming when it comes to business recruitment,” Wallace said of the resolutions. “We also have several businesses within the state, our large corporations for instance, that have diversity policies already in place, and what we’re hearing from them is they want their state to look the same way.”

[…]

In addition to LGBT issues, the chamber is concerned the resolutions would allow people to claim religious exemptions to criminal, tax, health and safety, environmental quality and zoning laws. Wallace said the resolutions would also lead to a spike in litigation, costing businesses and taxpayers.

No matter how severely Rep. Villalba and Sen. Campbell want their bills to pass, most wager it will be hard to do so without the support of the state’s most powerful business organization.  In all likelihood, TAB’s resolution moves HJR 55, SJR 10 and any legislation like it in the “no-go” category for this session.

One can’t be sure that the resolution by the Texas Association of Business and the launch of Texas Wins are directly related, but timing does seem to matter in these events.  As people hear of TAB’s decision not to support the bills, they also encounter the voices of prominent Texans like Billionaire Mark Cuban come out against discrimination.

Whatever the case, one thing is for sure… Texas definitely scored some wins this week.

Visit Texas Wins and the Texas Association of Business for more on those organizations, and Off the Kuff has more on the story.

Texas Wins

(photo credit:  Texas Wins twitter feed)