Saturday, June 05, 2010

Renew Houston, Stephen Costello, and Houston's flooding and drainage issues

I was part of a blogger gaggle this past week assembled by Renew Houston, which has a mission of placing a referendum on the November ballot dedicating a revenue stream to to fix -- over the long haul -- Houston's mobility infrastructure relating to flooding and drainage.

(Public policy isn't my area of expertise, but when pols and bloggers gather over a free lunch -- even when it's only Subway -- I will find a way to be there.)

There's a lot of this data at their site containing 'change-your-thinking' information, such as challenging the premise that Houston is a "new" city. It isn't. Even the suburbs that define Houston -- first Meyerland and then Sharpstown, then Clear Lake, Kingwood, and the western edge of Houston around the Energy Corridor -- are between forty and fifty years old. Then there's the fact that it takes twelve years in this town to go from a decision to rebuild a street to the beginning of the work to do so, because of a lack of necessary funds. This work is paid for out of the city's general revenue account, 60% of which is absorbed by public safety. So what results is patchwork, piecemeal measures ... which isn't really fixing anything.

Twelve years is, of course, completely unacceptable. But that happens when you have mayors and council members who are term-limited to six total years; greater focus on the short-term problems, less on the long-term ones. (I'm not advocating here for the abolishment of term limits, like others.)

I have written some harsh things about Councilman Costello (as have others), so I approached this meeting with an intent to have an open mind about an engineer who has made a lot of money from municipal contracts elected to city council, who then proposes a pretty vast public works program -- funded by a new fee -- from which his company stands to benefit greatly.

Whatever Costello gains politically or financially from the charter amendment Renew Houston proposes, the effort is worthwhile and the voters can decide the issue in November.

I signed the petition, and so should you.

Other coverage ...

The Chronicle -- here, here, and Rick Casey here

Off the Kuff (links to more there)

I sat next to Tory Gattis, so he will undoubtedly have something shortly. John's getting his wit on.

Houston Community Newspapers

ABC-13

Channel 39 (video link, has some really hilarious lost paperwork at the end)

Fox Houston

Calling all BP lawsuits: Judge Lynn Hughes

As some judges in New Orleans disqualify themselves from handling lawsuits over the Deepwater Horizon rig deaths and oil spill, a Houston judge Friday made it clear he's willing and able.

U.S. District Judge Lynn Hughes, whom BP lawyers requested by name to oversee pre-trial matters in all the federal lawsuits, met with lawyers on the first case filed in Houston federal court and talked about joining it with other lawsuits.

Hughes told the lawyers that he's handled complex matters before and that he has no conflict like the handful of judges in New Orleans and elsewhere who've recused themselves because of financial holdings or family ties to employees of the defendant companies or lawyers for those companies.

Hughes said he's posted his public financial disclosure on his own court website. Hughes owns some mineral rights and oil company stock but has no interest in the companies involved in the blowout and explosion that killed 11 and is wreaking economic and environmental havoc in the Gulf.

Do NOT miss the reader comments there. More on Hughes, first from the 1992 Houston Press' "Best of" reader poll/publication recommendations:

Republican Lynn Hughes hardly blinked when he advanced from his state district court (a civil one, no less) to the federal bench some 12 years ago. That characteristic aplomb has yet to be erased by some of the most demanding cases at the federal courthouse. He's coupled a healthy disdain for the traditional veil of legalese with a quiet but firm demeanor that has established him as one of the most independent jurists anywhere. Hughes demanded answers in a shady immunity deal for the notorious Graham brothers. And he didn't shy away from forcing the government to admit to submitting a false affidavit against an ex-CIA agent and lying to a grand jury in a bank fraud case. By now, his straightforward search for the truth is legendary among lawyers.

And Tom Kirkendall, from 2006:

First, he hammered the FDIC with a record sanctions award in the long-running case against Maxxam chairman Charles Hurwitz.

Then, he challenged the Enron Task Force's bludgeoning of a plea bargain from a mid-level former Enron executive.

Now, U.S. District Judge Lynn Hughes accused federal prosecutors of "reckless and conscious indifference" for bringing a fraud charge against Oklahoma lawyer John Claro and said he would award attorney's fees to Claro under the Hyde Act that provides sanctions for bad-faith prosecutions.

Lastly, Judgepedia. Scroll to the bottom and click on "The Robing Room" for some entertaining comments from those who've tried cases before Judge Hughes.

My personal opinion is that BP plaintiffs could do a lot worse than Hughes, whose no-bullshit reputation likely translates into rejecting a lot of claims he deems 'frivolous' associated with litigation requesting being 'made whole'.  Which is probably why BP likes him so much.

SCOTX issues emergency stay in bloggers' anonymity suit

On June 4, 2010, the Texas Supreme Court issued a highly unusual emergency stay in a case in which Beaumont trial judge Donald Floyd had ordered internet search giant Google to reveal the identities of two anonymous bloggers whose websites criticize notorious east Texas public figure Philip R. Klein. The high court’s order trumps the April 29, 2010, ruling by Beaumont’s Ninth Court of Appeals and prevents Judge Floyd’s order from being enforced.

“We are pleased that the Supreme Court recognizes the important First Amendment right to criticize public figures anonymously,” said Houston constitutional attorney Jeffrey L. Dorrell, who represents the bloggers. Klein argued that websites operationkleinwatch.com and samtheeagle.com content were “pure defamation” and not entitled to constitutional protection.

“Satirical parody is sometimes harsh, but if Jay Leno or David Letterman were sued every time they cracked a joke about Barack Obama or Paris Hilton, television would be a pretty barren source of amusement,” said Dorrell. Today’s ruling was the latest in a lawsuit in which Klein alleges that he has been defamed for, among other things, a parody of Dog Fancy magazine in which he was depicted under the caption, “Fat Men Who Love Their Dogs Too Much.”

The backstory ...

A political blogger in Southeast Texas has alleged that two other local bloggers have defamed and harassed him through their Web sites.

Philip R. Klein writes the Southeast Texas Political Review, a site that includes news and commentary about area elected officials and community leaders. "The story behind the story in East Texas politics," reads a banner describing the Web site on its home page.

As PRK Enterprises and Klein Investments, Klein sued the Operation Kleinwatch and Sam the Eagle blogs, as well as Google and its subsidiary blogger.com on Aug. 26 in Jefferson County District Court.

In the suit, PRK and Klein Investments are asking Google and blogger.com to identify all people responsible for running www.operationkleinwatch.blogspot.com and www.samtheeagleusa.blogspot.com.

They are also asking for the identities of all people who provided money or literary substance to the Web sites, who posted comments on the Web sites and those who are in any way affiliated with the Web sites.

[...]

The Web address www.samtheeagleusa.blogspot.com, first leads to a page containing a beach scene, soothing music and the words "Welcome to Sam the Eagle Center for peaceful meditation." To access the actual site, a user must click on "learn more about meditation" or instead go directly to http://www.notthisonetoojacques.blogspot.com/.

Then a home page pops up that appears similar to the Southeast Texas Political Review's home page, but with various satiric remarks scattered throughout.

At the moment it's not a beach scene but a picture of puppies, and you have to click on the link that isn't for puppies. Nor kitties.

So anyway, if any my fellow bloghermanos are ever in need of a lawyer, I can recommend one. And if you think I'm a nasty bastard ...