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Houston Politics

Another HERO Lawsuit, and the National Fight Against Equal Rights

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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

Ahead of Critical HERO Court Date, Houston City Attorney Resigns

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Just days before a pivotal court date, proponents of the Houston Equal Rights Ordinance are set to lose one of the persons most knowledgeable about the law.  Here’s more from the Houston Chronicle…

City Attorney David Feldman on Friday announced that he plans to resign next month, citing, among other reasons, that he could better defend the city’s embattled equal rights ordinance as a key witness than as a lawyer in the upcoming case.

Feldman has played a crucial and at times controversial role in Mayor Annise Parker‘s administration, alternately acting as chief negotiator, attack dog, policy wonk and spokesman.

Feldman said Friday that the main reason for his departure was his desire to work at a law firm with his son.

“The primary driving force is the desire to go back into private practice and frankly to go back into private practice at a time when I think there are people out there who I used to represent who still remember me,” Feldman said. “And my son has been after me continuously. There’s a draw there, there’s an allure, ‘Feldman and Feldman.’ I wanted to start 2015 in a new gig.”

But he acknowledged that the timing of his resignation was driven by the court date for Parker’s signature equal rights ordinance, which is set to take center stage Jan 19. Conservative critics sued the city this summer after Feldman and Parker announced that the group’s petition to send the ordinance to the ballot did not contain enough valid signatures. Opponents seeking to force the referendum largely take issue with the rights extended to gay and transgender residents under the ordinance City Council passed last May.

Despite Feldman’s statement saying that he will be a greater asset to the City from the witness chair than the Attorney’s desk, it’ very hard to see any logic in his decision to step out just as the HERO case is heating up. Unless of course he sees what myself and other have… The fight that lies ahead to protect HERO is potentially much more difficult than the fight to get the law passed.

This leaves city in a scramble not only find top notch legal representation, but also to get those persons up to speed in a precious few weeks. We’ll see what Mayor Parker and her team can come up with.

No matter the amount of animus thrown at HERO, it’s really important to remember one last point… the anti equality side’s arguments are built on lies. They may be growing rapidly in money and power, but that doesn’t make anything that they say actually TRUE. This ordinance is common-sense legislation that is already in place across the country. The facts are are squarely on the side of equal protection for all.

Off the Kuff, Brains and Eggs and Texpatriate have more.

Equality, Houston, Houston Politics

HERO Opponents Beg Texas Supreme Court For Repetitive Action

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Apparently the opponents of the Houston Equal Rights Ordinance cannot take “yes” for an answer.  Even after Mayor Annise Parker already agreed that HERO will not be enforced until all matters are settled in court, the anti-equality group is not satisfied in the least.  Here’s the Houston Chronicle’s Mike Morris with more…

Opponents of Houston’s equal rights ordinance have asked the Texas Supreme Court to force the city secretary to certify the signatures on a petition they submitted seeking to trigger a repeal referendum on the law.

Houston’s 14th Court of Appeals denied a similar request on Aug. 15, ruling that the emergency writ of mandamus would have the same result as a favorable ruling in the pending lawsuit opponents filed against the city earlier this month. The plaintiffs, the judges wrote, could appeal after a ruling comes down at the trial court level.

Trial in that case is set for Jan. 19.

The new filing with the Supreme Court, turned in late Tuesday, is similar to the group of conservative pastors and activists’ previous requests. It seeks to have the court force the city to suspend enforcement of the ordinance, to put the ordinance to another vote of the City Council and, if the council does not repeal it, to put the issue before voters.

The case already scheduled for January is seeking a writ of mandamus— a court-ordered directive for the signatures to be certified, and therefore require a referendum.  But the filing to the Texas Supreme Court asks for virtually the same thing, though both sides know the January trial is already pending.

Some may wonder… if the Mayor and the City are already giving HERO haters what they want by suspending enforcement of the ordinance, why is it necessary to keep crying for a court-ordered suspension?  It’s proving to be not only a waste of time for our court system, but as Off the Kuff points out, is surely costing a mountain in legal fees.

The simple answer?  Because politics.

For one thing, the recently ousted Jared Woodfill needs something to do, or else he risks losing all relevance with the political elite.  Parker’s decision to preemptively suspend the law is a special thorn in the opponent’s side because it denies them any possible political win.  If the Houston Equal Rights Ordinance is not in effect, they don’t get to shout from the rooftops that their court order was able to suspend it.  So instead they’re trying for the next best thing… a milk-toast version of victory via paper.  In order to give their cause any hope, they are desperate for something to cling to.

It’s true that anything could happen with the Texas Supreme Court.  They may choose to take the case and push HERO to a referendum.  But even in that event, supporters are the law are ready for the fight… whether it takes place today, in January or years down the line.

See Texpatriate for more analysis on this, including a better explanation of the actual legalese.