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Tag: Texas

  • School staff abused 7-year-old with autism, lawsuit says. ‘Don’t let them hurt me mom’

    School staff abused 7-year-old with autism, lawsuit says. ‘Don’t let them hurt me mom’

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    The parents of an elementary school student say they found bruises covering their daughter’s arms when she came home from school crying in early October. As she showed her father, he also saw “finger marks” and scratches, according to a new lawsuit.

    “They hurt me,” Paisley Dohse told her parents, explaining she had been held down, according to the lawsuit filed April 2 in federal court in Houston, Texas.

    Kimberly Pittard and Christopher Dohse said they believe the bruises they noticed Oct. 6, and again on Oct. 13 — when their daughter also had deep scratches resulting in scabs — came from staff at Oakland Elementary School in Fort Bend County.

    “What really upsets me more so than anything is that we asked about the bruises numerous times,” Pittard told McClatchy News. “We were always shifted that it was not the time or place to talk about when that happened, where that happened, that they investigated it and looked into it and found nothing wrong.”

    Pittard and Dohse, her husband, are represented by attorney Martin Jay Cirkiel of Cirkiel Law Group, which provided photos to McClatchy News showing bruises and scratches on Paisley.

    Throughout the fall 2023 semester, the lawsuit says staff “unnecessarily physically restrained” Paisley, who was 7 years old and diagnosed with autism, a speech impairment, anxiety and “related behavioral issues.”

    Describing methods that “bordered on torture,” the suit says staff held a pillow over Paisley’s face, forced her to lie on the floor with her hands behind her back and made her stay still inside a square on the floor and punished her if she didn’t.

    She once was locked in a storage closet as punishment, according to the lawsuit, which says school district staff had also locked her inside a police car to “scare the child straight.”

    Around the time, Paisley was having “increased emotional reactions and worsening behavioral reactions” due to bullying from fellow classmates, resulting in staff increasingly restraining her, the lawsuit says. On one occasion, a classmate had punched Paisley, according to Pittard.

    Though the school had created a behavioral plan for Paisley, staff never addressed the bullying, and instead hurt her while restraining her, according to the lawsuit.

    Pittard and Dohse are suing the Fort Bend Independent School District on multiple causes of action, including for violations of their daughter’s constitutional rights and violating the Americans with Disabilities Act. The Fort Bend ISD, however, said in a statement to McClatchy News that “the allegations made were found to be unsubstantiated.”

    Pittard, who is a contracted social worker, told McClatchy News she has high-functioning autism and anxiety and recalled her own struggles growing up.

    “When I saw my daughter coming home feeling lower than I felt, I was at a loss for words … I said I don’t care what amount of money it costs to fight for our daughter, we need to fight to lobby for change,” Pittard said.

    Paisley and her parents.
    Paisley and her parents. Cirkiel Law Group

    School district’s response

    The Fort Bend ISD told McClatchy News in a statement that privacy laws limit the district’s ability to disclose “important details.”

    “In instances like this, the school district wishes to share details that would provide clarity, but unfortunately, we cannot,” the district said. “Please know we investigated allegations in this case fully and impartially.”

    The Fort Bend ISD Police Department and the district’s human resources teams reviewed “video footage and evidence, statements from all pertinent staff members, date and time verifications plus other ascertainable information,” according to the district.

    Along with not being able to verify any of the accusations, the district said, “an investigation by Child Protective Services also ruled out any findings of abuse or neglect by district staff.”

    Texas Department of Family and Protective Services spokesperson Melissa Lanford confirmed to McClatchy News that CPS “thoroughly investigated the family’s allegations.”

    The department “cannot discuss specific details of investigations” because of confidentiality laws, Lanford said.

    “At the conclusion of our investigation, CPS sent letters of our findings to the parents and Oakland Elementary school,” Lanford said.

    McClatchy News has not viewed the letter as of April 5 after requesting a copy of it from Pittard and Dohse’s legal counsel on April 4.

    ‘Don’t let them kill me’

    Pittard and Dohse have since pulled Paisley out of school and the district is providing her with “Home School Services,” according to the lawsuit.

    Whenever the family drives past the school with Paisley in the car, she is terrified, the suit says.

    “Please don’t let them hurt me mom please don’t let them hurt me,” Paisley has said, according to the lawsuit.

    Now she occasionally has nightmares, Pittard told McClatchy News.

    “I have a little girl who used to sleep in her bed that won’t leave our bedroom,” Pittard said.

    She said Paisley wakes up in the middle of the night, saying “please don’t let them hurt me, don’t let them kill me.”

    Pittard is unable to enroll Paisley in another school until the lawsuit is resolved, she explained.

    She said the school’s director of special education once suggested Paisley be transferred to an alternative school in a Behavior Support Services setting.

    “We said, no, we’re not being forced to move our child,” Pittard said.

    The lawsuit seeks an unspecified amount in damages, including for “loss of equal access to educational opportunities,” physical pain, medical expenses, mental anguish and more.

    Pittard said Paisley, who is very smart and loves to help others, has one specific wish.

    “Mommy,” she recalls her saying, “I don’t want anybody to feel like this.”

    Paisley and her parents.
    Paisley and her parents. Cirkiel Law Group

    Julia Marnin is a McClatchy National Real-Time reporter covering the southeast and northeast while based in New York. She’s an alumna of The College of New Jersey and joined McClatchy in 2021. Previously, she’s written for Newsweek, Modern Luxury, Gannett and more.

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    Julia Marnin

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  • Here’s what to know about the 2024 Atlantic hurricane names

    Here’s what to know about the 2024 Atlantic hurricane names

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    The 2024 Atlantic hurricane season will follow up on a busy 2023 season. The 2023 season totaled 20 named storms, with 7 of those becoming hurricanes and 3 of those 7 becoming major (Category 3 or greater) hurricanes.

    Of those hurricanes, Hurricane Idalia was the only hurricane that made landfall in the U.S. last year. It was a Category 3 hurricane with max winds of 125 mph when it moved inland in Keaton Beach, Fla. on Aug. 30.

    The other two named storms that made landfall in U.S. were Harold and Ophelia. Tropical Storm Harold made landfall on Padre Island, Texas on Aug. 22 and Tropical Storm Ophelia made landfall near Emerald Isle, N.C. on Sept. 23.


    What You Need To Know

    • Forecasters started naming storms in 1950
    • The 2023 Atlantic tropical name list was last used in 2017
    • A supplemental names list replaced the Greek alphabet in 2021 if more than 21 storms are named

    With the expected return of La Niña conditions, forecasts for the upcoming season call for above-normal activity. Colorado State University’s outlook is forecasting the highest amount of storms since it began issuing them in 1995.

    Along with the likely transition to La Niña conditions, record-warm tropical and eastern Atlantic sea surface temperatures are a primary factor in the 2024 outlook. Click here for a breakdown of the 2024 Hurricane Season outlook.

    How and when are storms named?

    A storm gets named when it achieves tropical storm status (winds of 39 mph or higher). It becomes a hurricane when winds reach 74 mph, but keeps the same name. In meteorology, any tropical storm or greater is referred to as a tropical cyclone.

    The World Meteorological Organization (WMO) creates lists of names and cycles each list every six years. Each list contains 21 names, alternating between male and female names. A name may be retired if it is deemed too destructive by the WMO and they would add a new name to the list.

    History of naming conventions

    According to the National Oceanic and Atmospheric Administration (NOAA), hundreds of years ago, tropical cyclones were named after Saint’s Day, which occurred nearest to the day of the storm. Consider, “Hurricane Santa Ana,” a violent storm that hit Puerto Rico on July 26, 1825.

    Before 1950, storms were noted by their latitude and longitude. This proved problematic when trying to relay information to the public. It was confusing, so meteorologists streamlined this process using the phonetic alphabet to name the storms (Able, Baker, Charlie, etc.). 

    Starting in 1953, storms were given female names. Rumor has it that a member of the committee was angry at his wife and wanted to name a storm after her. 

    Whether that’s true, Alice was the first named storm of the 1953 season. All-female names continued until 1979, when male names were added to alternate within the list.

    Greek names

    Prior to 2021, after the 21 names were exhausted, the Greek alphabet was used. 2005 and 2020 were the only two seasons to feature the Greek alphabet. 

    However, this proved difficult for several reasons, including what would happen after a storm was so destructive the name should be retired, as was the case for Eta and Iota in 2020. Additionally, coronavirus variants use Greek letters, adding to possible confusion.

    Supplemental list

    To account for these issues, the WMO created a supplemental names list. This list featured another 21 names from A to W that alternate male and female names. This list will remain the same each year, only swapping out a name if it is retired. 

    Hurricane preparedness kit

    Now is the time to reevaluate your hurricane preparedness kit. According to the Federal Emergency Management Agency, your kit should include, at a minimum: 

    • Water: one gallon per person, per day (3-day supply for evacuation, 2-week supply for home).
    • Food: non-perishable, easy-to-prepare items (3-day supply for evacuation, 2-week supply for home).
    • Flashlight.
    • Battery-powered or hand-crank radio (NOAA Weather Radio, if possible).
    •  Extra batteries.
    • First aid kit.
    • Medications (7-day supply) and medical items.
    • Multi-purpose tool, like a Swiss Army knife. 
    • Sanitation and personal hygiene items.
    • Copies of personal documents (medication list and pertinent medical information, proof of address, deed/lease to home, passports, birth certificates, insurance policies).
    • Cellphone with charger.
    • Family and emergency contact information.
    • Extra cash (ATMs might be inoperable).
    • Extra fuel for generator and car.

    Depending on your family’s requirements, you may need to include medical care items, baby supplies, pet supplies, and other things, such as extra car and house keys.

    Additional supplies might include towels, plastic sheeting, duct tape, scissors, and work gloves.

    Our team of meteorologists dives deep into the science of weather and breaks down timely weather data and information. To view more weather and climate stories, check out our weather blogs section.

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    Meteorologist Stacy Lynn

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  • Man on drugs warns he may act ‘out of line’ at BBQ, then kills guest, Texas cops say

    Man on drugs warns he may act ‘out of line’ at BBQ, then kills guest, Texas cops say

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    Witnesses said the suspect emptied his gun’s magazine, hitting the unarmed victim several times, before fleeing on foot, court records show.

    Witnesses said the suspect emptied his gun’s magazine, hitting the unarmed victim several times, before fleeing on foot, court records show.

    Getty Images/iStockphoto

    A Texas man is accused of shooting a party guest after telling his friends they had permission to kick him out if he got rowdy because he was high on drugs, police said.

    Ricardo Domingo Reyna, 22, of Houston, was arrested March 30 on a murder charge in the shooting death of Jaime Torres DeLeon, according to court records.

    Reyna attended a barbecue March 29 at Houston residence, telling his friend’s girlfriend who was inside cooking that he had taken five Xanax bars and 2 grams of cocaine, according to a probable cause affidavit.

    “He informed her that if he got out of line or acted a fool, to kick him out of the party,” the affidavit said.

    Reyna became confrontational when he was asked to leave because guests did not want him there while he was high, police said.

    After leaving the home, Reyna remained outside and “refused to go,” police said.

    During a confrontation outside, Reyna pulled out a pistol and shot DeLeon at close range, according to court records.

    Witnesses said Reyna fired two shots and paused briefly before unloading the magazine and fleeing on foot, police said.

    Witnesses told police DeLeon had no weapons and never touched Reyna during the confrontation, the affidavit said.

    DeLeon was taken to a local hospital with several gunshot wounds and died shortly after from his injuries, police said.

    McClatchy News reached out to Reyna’s attorney on April 3 for comment but did not receive an immediate response.

    Lauren Liebhaber is a National Real-Time Reporter for McClatchy.

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    Lauren Liebhaber

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  • Largest fresh egg producer in U.S. finds bird flu in chickens at Texas and Michigan plants

    Largest fresh egg producer in U.S. finds bird flu in chickens at Texas and Michigan plants

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    The largest producer of fresh eggs in the U.S. said Tuesday it had temporarily halted production at a Texas plant after bird flu was found in chickens, and officials said the virus had also been detected at a poultry facility in Michigan.

    In Texas, Ridgeland, Mississippi-based Cal-Maine Foods, Inc. said in a statement that approximately 1.6 million laying hens and 337,000 pullets, about 3.6% of its total flock, were destroyed after the infection, avian influenza, was found at the facility in Parmer County, Texas.

    The plant is on the Texas-New Mexico border in the Texas Panhandle about 85 miles southwest of Amarillo and about 370 miles northwest of Dallas.

    “The Company continues to work closely with federal, state and local government officials and focused industry groups to mitigate the risk of future outbreaks and effectively manage the response,” according to the statement. “Cal-Maine Foods is working to secure production from other facilities to minimize disruption to its customers.”

    The company said there is no known bird flu risk associated with eggs that are currently on the market and no eggs have been recalled. Eggs that are properly handled and cooked are safe to eat, according to the U.S. Department of Agriculture.

    The announcement by Cal-Maine comes a day after state health officials said a person had been diagnosed with bird flu after being in contact with cows presumed to be infected, and that the risk to the public remains low.

    In Michigan, Michigan State University’s Veterinary Diagnostic Laboratory has detected bird flu in a commercial poultry facility in Ionia County, according to the Michigan’s Department of Agriculture and Rural Development.

    The county is about 100 miles northwest of Detroit.

    The department said it received confirmation of the disease Monday from the lab and that it is the fourth time since 2022 that the disease was detected at a commercial facility in Michigan.

    Department spokesperson Jennifer Holton said Tuesday that state law prohibits the department from disclosing the type of poultry at the facility in Ionia.

    The facility has been placed under quarantine and the department does not anticipate any disruptions to supply chains across the state, Holton said.

    The human case in Texas marks the first known instance globally of a person catching this version of bird flu from a mammal, federal health officials said.

    Dairy cows in Texas and Kansas were reported to be infected with bird flu last week – and federal agriculture officials later confirmed infections in a Michigan dairy herd that had recently received cows from Texas.

    The company said Cal-Maine sells most of its eggs in the Southwestern, Southeastern, Midwestern and mid-Atlantic regions of the United States.

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  • Fort Worth considers $100 million bond to increase supply of affordable housing

    Fort Worth considers $100 million bond to increase supply of affordable housing

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    The proposal would have the city spend money to build new affordable housing, and help current homeowners stay in their homes.

    The proposal would have the city spend money to build new affordable housing, and help current homeowners stay in their homes.

    amccoy@star-telegram.com

    Fort Worth is considering using tax-payer supported bonds to increase the city’s supply of affordable housing.

    The proposal is still in the early stages, but it’s one of several the city is considering as it prepares for its 2026 bond campaign.

    The city’s neighborhood services department is asking for $100 million to support a series of strategies outlined in a 2023 report on Fort Worth’s housing crisis. These include down payment assistance, subsidized apartments, increasing support for residents experiencing homelessness and purchasing land for affordable developments.

    The report revealed that a household earning the city’s median income could not afford to buy a home in most of Fort Worth.

    The city is in the early stages of planning its 2026 bond campaign and will need to weigh the proposal against projects to support road construction, park expansions and public safety, said Christianne Simmons, who leads the city department in charge of planning, budgeting and data analytics, in an email to the Star-Telegram.

    The city has the ability to borrow up to $800 million in the 2026 bond, according to Simmons, however, it’s not clear if will use all of its capacity.

    The city is compiling the list of possible bond projects and plans to have a preliminary list sometime in October, she said.

    Any bond proposal would have to be approved by voters in the May 2026 bond election.

    Members of the Fort Worth City Council appeared to support the idea at a work session Tuesday.

    The city has done a great job using bond money to support police, firefighters and parks, and this is another tool it can use when it comes to housing, said council member Chris Nettles, whose represents part or east and southeast Fort Worth.

    Council member Jared Williams, whose district includes the Como neighborhood and parts of southwest Fort Worth, echoed Nettles’ sentiments.

    He said the bond could create opportunities for generational wealth at a time when a lot of Fort Worth residents are “asset limited.”

    This would be the first time Fort Worth has used bond funds to support affordable housing, but it wouldn’t be the first time the tactic has been used in Texas.

    Austin, Dallas, Denton, Houston and San Antonio have used bond propositions to build new housing or help residents repair the homes they already have.

    The bonds have also spurred investment from private developers with a study of Austin’s bond programs showing developers kicked in $6 for every $1 spent by the city. In San Antonio, that ratio was 9 to 1, according to a city of Fort Worth report.

    Related stories from Fort Worth Star-Telegram

    Harrison Mantas has covered the city of Fort Worth’s government, agencies and people since September 2021. He likes to live tweet city hall meetings, and help his fellow Fort Worthians figure out what’s going on.

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    Harrison Mantas

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  • Christopher Yoo on Regulating Social Media Platforms as “Common Carriers”

    Christopher Yoo on Regulating Social Media Platforms as “Common Carriers”

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    Blocked Facebook page
    (Rafael Henrique | Dreamstime.com)

     

    One of the main arguments advanced to justify the Florida and Texas social media laws challenged in NetChoice v. Paxton and Moody v. NetChoice, (cases currently before the Supreme Court) is the claim that social media firms are “common carriers.” Therefore, it is  argued, the states can enact laws barring them from using most types of content moderation, even if such restrictions would otherwise violate the First Amendment.

    University of Pennsylvania law Prof. Christopher Yoo recently published an article that is the most thorough takedown of the common carrier theory so far. Here is the abstract:

    Courts and legislatures have suggested that classifying social media as common carriers would make restrictions on their right to exclude users more constitutionally permissible under the First Amendment. A review of the relevant statutory definitions reveals that the statutes provide no support for classifying social media as common carriers. Moreover, the fact that a legislature may apply a label to a particular actor plays no significant role in the constitutional analysis. A further review of the elements of the common law definition of common carrier demonstrates that four of the purported criteria (whether the industry is affected with a public interest, whether the social media companies possess monopoly power, whether they are involved in the transportation and communication industries, and whether social media companies received compensating benefits) do not apply to social media and do not affect the application of the First Amendment. The only legitimate common law basis (whether an actor holds itself out as serving all members of the public without engaging in individualized bargaining) would again seem inapplicable to social media and have little bearing on the First Amendment. The weakness of these arguments suggests that advocates for limiting social media’s freedom to decide which voices to carry are attempting to gain some vague benefit from associating their efforts with common carriage’s supposed historical pedigree to avoid having to undertake the case-specific analysis demanded by the First Amendment’s established principles.

    I agree with almost all of Yoo’s analysis. In particular, I think he is right that social media firms don’t fit any of the traditional rationales for common carrier status, and that states cannot simply create such status by legislative fiat (or at least, if they do, it cannot override constitutional constraints on their regulatory authority).

    I offered some related critiques of the common-carrier rationale for social media regulation here:

    The standard rationale for common carrier regulation is that the the firms in question have some kind of monopoly power. A classic example is a situation where there is only one railroad available to move freight from Point A to Point B, in an era where the only alternative modes of transportation (e.g.—horse-drawn wagons) were vastly slower and less efficient. It is often argued that “Big Tech” social media have some sort of monopoly over the distribution of political information, especially online.

    The reality is very much otherwise. Recent survey data compiled by the Pew Research Foundation finds that many more Americans get news by means other than social media than use the latter. For example, 68% of Americans indicated they regularly get news from media websites and apps, 68% from television, and only 53% from social media sites. Among the overwhelming majority (about 96% of the total sample) who use more than one type of media to get news,  35% preferred TV, 26% preferred news websites and apps, and only 11% said they preferred social media. The same study also found that, on average, Americans trust news from social media sources less than that from television and news websites.

    What is true of news is also true of opinion and commentary about political and social issues in the news. Most TV news channels, media websites, and other similar information sources carry extensive commentary and opinion pieces. And, of course, they routinely print and broadcast statements by politicians, activists, and other public figures.

    To the extent we are specifically concerned with access for conservative viewpoints, there are large right of center players in both TV media and online news and opinion. These include such major outlets as Fox News, the Wall Street Journal editorial page, the Washington Times, the New York Post, and others….

    Other rationales for imposing common carrier rules on social media firms are even weaker than the monopoly theory. For example, Eugene Volokh and others cite analogies to telephone lines or mail carriers. Most people wouldn’t want phone companies to bar calls by those whose ideologies they disapprove of.

    But such analogies are misplaced. With rare exceptions, phone calls and letters only reach a small, specifically intended audience….. By contrast, the whole point of most political discourse on social media is the ability to reach a large audience all at once. But an information product that reaches a large audience simultaneously usually works better if it has at least some moderation rules, and other constraints that enable consumers to find the material they want, while avoiding harassment, offense, and other things that make the experience annoying, unpleasant, or simply a waste of time.

    For that reason, moderation rules and content restrictions are crucial for social media, in a way that is rarely, if ever, true for phone lines or mail delivery services….

    [E]ven if social media platforms sometimes adopt flawed rules, the fact remains that such rules are often a valuable part of the product they provide. And it is far better for the quality… of such rules to be determined by competition in the market than by one-size-fits-all government mandates—or by a common carrier mandate imposing a near-total ban on such rules….

    Perhaps the problem is not that social media giants monopolize any audience in some economic sense, but that they have too much influence over political discourse relative to some egalitarian baseline. Why should Mark Zuckerberg’s views have any more clout than those of the average American? But we can make exactly the same argument for the owners and editors of Fox News, the New York Times, and any other outlet with a large audience. They too have vastly more influence over public discourse than the average American does….

    Giving government a free hand to impose common carrier restrictions on any website or media outlet that “monopolizes” a particular audience or otherwise has “too much” influence is a power that can and will be abused. Call it “common carrier creep!”

     

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    Ilya Somin

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  • Family dog mauls 8-day-old infant, causing ‘severe head injuries’, Texas cops say

    Family dog mauls 8-day-old infant, causing ‘severe head injuries’, Texas cops say

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    A Texas family’s dog mauled a newborn baby, according to the Pasadena Police Department.

    A Texas family’s dog mauled a newborn baby, according to the Pasadena Police Department.

    Getty Images/iStockphoto

    A newborn baby is hospitalized with serious injuries after being attacked by the family dog, Texas police say.

    Officers responded to a call about a dog attack at home in Pasadena at 9:41 a.m. Saturday March 30, the Pasadena Police Department said in a news release.

    The family told officers their dog mauled the infant, who was just 8 days old.

    Police did not say what may have caused the attack, but the baby “sustained severe head injuries,” and was taken to a hospital for treatment.

    An investigation is underway, police said.

    “The family is cooperating with authorities, and Pasadena Animal Control Officers took control of the dog and safely relocated it to their facility, pending resolution of the incident,” according to police.

    Pasadena is a suburb of Houston and a roughly 14-mile drive southeast of the city’s downtown.

    Mitchell Willetts is a real-time news reporter covering the central U.S. for McClatchy. He is a University of Oklahoma graduate and outdoors enthusiast living in Texas.

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    Mitchell Willetts

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  • Man enters wrong home, beats 80-year-old neighbor he thought was intruder, TX cops say

    Man enters wrong home, beats 80-year-old neighbor he thought was intruder, TX cops say

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    A man is accused of attacking his neighbor after entering the wrong house, Texas officials say.

    A man is accused of attacking his neighbor after entering the wrong house, Texas officials say.

    Getty Images/iStockphoto

    An 80-year-old man was beaten in the bathroom of his own home after an intoxicated neighbor entered the wrong house, according to police in Texas.

    The attack happened at a home in San Antonio at about 1:20 a.m. March 25, according to an incident summary from the Bexar County Sheriff’s Office. A deputy responded to a call about a burglary in progress but soon learned the home invasion was likely an accident.

    The deputy knocked on the front door but noticed it was undamaged, the report said. When the victim answered, he was limping, his shirt was torn and covered in food stains, and food from Taco Palenque — a regional Tex-Mex restaurant chain — was strewn across the home’s entrance and the bathroom.

    The man said he was going to the bathroom when a “tall male” dressed in all black suddenly appeared, started yelling and attacked, “causing him great pain,” according to deputies. He was taken to a hospital for treatment.

    Evidence at the scene, including a cellphone left in the bathroom, pointed deputies toward a neighbor, identified as Eric Collazo.

    When speaking with Collazo, deputies noticed a “strong smell of alcoholic beverages,” the report said.

    He told deputies that he entered the house believing it was his, mistook his neighbor for an intruder and attacked.

    “I don’t play around,” he said, according to the report.

    Collazo added that he had been able to enter the home using his own house key. Deputies took Collazo’s key, tested it on the neighbor’s front door and found that it worked, the report said.

    “It is unknown as to how the key works at the victim’s residence, however, investigators believe the issue may be related to the builder of the residences,” BCSO officer Johnny Garcia told KSAT.

    Collazo was booked into the Bexar County jail on a charge of injury to the elderly, records show. A preliminary hearing is scheduled for May 1.

    Mitchell Willetts is a real-time news reporter covering the central U.S. for McClatchy. He is a University of Oklahoma graduate and outdoors enthusiast living in Texas.

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  • Looks Like Virginia Is The Newest Marijuana Nanny State

    Looks Like Virginia Is The Newest Marijuana Nanny State

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    Some politicians believe the majority of the public are confused or just smart.  They feel it is important to step in and change things.

    It seems the nanny state is on the rise!  Following Florida and Texas, Virginia seems to think their citizens are “confused” about what they want and their highest elected officials need to take care of a populace unable to care for themselves. Singapore, Korea and China are big examples of nanny states, but the trend is become popular in the United States.

    RELATED: Americans Are Choosing Marijuana Over Alcohol

    A perfect example is around legalized marijuana. According to Pew Research Center, an overwhelming 88% of U.S. adults say either that marijuana should be legal for medical and recreational use by adults (59%) or that it should be legal for medical use only (30%). Only one-in-ten (10%) say marijuana use should not be legal.  It has become an almost $30 billion industry and a proven revenue driver for states. Consumer numbers show the stigma is gone. But some states aren’t having it.

    A few states feel they are better run by parental figures who know better.  These include Florida where over 71% of the public voted for marijuana but the current Governor does everything to block it.  Not to be outdone, Texas jumped on the bandwagon.  Meanwhile, in a fact based world, the Department of Veterans Affairs changed policy for veterans so they can use medical marijuana without losing their eligibility for care and services. The change was based on science, data and need.  Despite the step forward for veterans, it seems now it looks like Virginia is the new newest marijuana nanny state.

    Photo by Joe Raedle/Staff/Getty Images

    In a messy fight, the Old Dominion Governor Glenn Youngkin has made it clear he has no intention of allowing legal marijuana. The tourism slogan is Virginia is for Lovers, but the top elected official is showing any for cannabis, even as some of his allies soften their stance.  No doubt there are looking at states like Missouri who are pulling in significant amount of tax revenue.

    RELATED: Maine Is Getting It Right About Legal Weed While California And Others Struggle

    Texas Gov. Greg Abbott doesn’t care polls reveal a majority of Texans support legalizing marijuana for medical and recreational use. Abbott stated his position has not changed beyond what he’s proposed in the past — reducing the criminal penalty for marijuana possession to a Class C misdemeanor, but not legalizing the drug.

    Texas embraces his policies which include going days without power and voters in Houston votes no longer count.

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    Terry Hacienda

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  • Tom DeLay Fast Facts | CNN

    Tom DeLay Fast Facts | CNN

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    CNN
     — 

    Here’s a look at the life of former Texas Congressman Tom DeLay.

    Birth date: April 8, 1947

    Birth place: Laredo, Texas

    Birth name: Thomas Dale DeLay

    Father: Charles Ray DeLay

    Mother: Maxine (Wimbish) DeLay

    Marriage: Christine (Furrh) DeLay (1967-present)

    Children: Danielle

    Education: Attended Baylor University, 1965-1967; University of Houston, B.S., 1970

    Nicknamed “The Hammer.”

    Lived in Venezuela as a child.

    Owned a pest control company before getting involved in politics.

    1979-1984 – Member of the Texas House of Representatives.

    1984-2006 – United States Representative for the 22nd District of Texas.

    November 13, 2002-September 28, 2005 – House Majority Leader.

    September 28, 2005 – Steps down as the House majority leader after a Texas grand jury indicts him on a conspiracy charge stemming from a campaign finance investigation. DeLay is accused of improperly steering corporate donations to Republican candidates for the Texas legislature.

    October 3, 2005 – A second indictment is brought against DeLay, charging him with money laundering.

    October 19, 2005 – An arrest warrant is issued for DeLay in connection with his indictment for conspiracy and money laundering. He turns himself in the next day.

    December 5, 2005 – A judge dismisses the conspiracy charge against DeLay, but upholds the money laundering charges.

    January 7, 2006 – Announces he will not try to reclaim the House majority leader post, but he will seek reelection when his term expires in November.

    March 7, 2006 – Wins the primary election in his Texas district.

    April 4, 2006 – Announces he is dropping his bid for reelection and will resign from Congress in June.

    June 8, 2006 – Delivers his farewell address to Congress.

    2007 – His memoir, “No Retreat, No Surrender: One American’s Fight,” is published.

    2009 – Competes in the ninth season of “Dancing with the Stars” on ABC. He drops out due to stress fractures in both feet.

    November 1, 2010 – Money laundering trial begins.

    November 24, 2010 – Is convicted of money laundering and conspiracy to commit money laundering.

    January 10, 2011 – Is sentenced to three years in prison for the conspiracy charge and five years for the money laundering charge. But the judge will allow DeLay to serve 10-years on probation with community service on the laundering charge in lieu of the prison sentence, and the two sentences will be served concurrently. DeLay remains free on bond while he appeals his conviction.

    2012 – Founds the First Principles PAC.

    July 2012 – Registers as a lobbyist on sex-trafficking issues.

    September 19, 2013 – Delay’s conviction on money laundering charges is overturned by a court in Texas. The court opinion says that “the evidence was legally insufficient to sustain DeLay’s convictions.”

    March 19, 2014 – The Texas Court of Criminal Appeals agrees to hear the case.

    October 1, 2014 – By a vote of 8-1, Texas’s criminal appeals court upholds the lower court’s ruling to throw out DeLay’s 2010 convictions of money laundering and conspiracy to commit money laundering.

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  • Texas AG Ken Paxton reaches deal to end securities fraud charges after 9 years

    Texas AG Ken Paxton reaches deal to end securities fraud charges after 9 years

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    Texas Attorney General Ken Paxton on Tuesday agreed to pay nearly $300,000 in restitution under a deal to end criminal securities fraud charges that have shadowed the Republican for nearly a decade.Video above: Paxton’s attorney and prosecutor react to deal to dismiss chargesThe announcement by special prosecutors in a Houston courtroom came less than three weeks before Paxton was set to stand trial on felony charges that could have led to a prison sentence. It was the closest Paxton — who was indicted in 2015 — has ever come to trial over accusations that he duped investors in a tech startup near Dallas.Under the 18-month agreement, the special prosecutors would drop three felony counts against Paxton as long as he pays full restitution to his victims, and completes 100 hours of community service and 15 hours of legal ethics education. A former special prosecutor said the chance of a conviction was going to be “50-50.”Paxton said little during the hearing, and he avoided reporters by leaving the court through a back door.But in a statement released later Tuesday, Paxton — one of the nation’s most prominent state attorney generals, who just six months earlier was acquitted of corruption charges in an impeachment trial in the Texas Senate — remained defiant.“There will never be a conviction in this case nor am I guilty,” said Paxton, while thanking his family and supporters “for sticking by my side.” The agreement lets Paxton remain in his elected position and doesn’t affect his law license.Dan Cogdell, a Paxton’s attorney, said prosecutors would never have been able to prove their case at trial, but he conceded that it was cheaper for Paxton to accept the agreement.“Number one, the economics are actually in his favor for not going to trial. And number two, it’s a guaranteed dismissal at the end of the day,” Cogdell told reporters.Houston attorney Brian Wice, who was one of the special prosecutors, described the deal as a victory that requires Paxton to repay investors, including Byron Cook, a former GOP lawmaker who served with Paxton in the Texas Legislature, and the estate of Joel Hochberg, a South Florida businessman who died last year.Wice, who previously indicated that he would consider a pre-trial deal a “slap on the wrist,” said he and fellow prosecutor Jed Silverman reevaluated their chance of success based on evidence and witnesses.“Our primary duty is to do justice, not to convict. So, the question isn’t whether or not who won, but was justice served? And I think the answer to that is unmistakably yes,” Wice said.Kent Schaffer, who worked as a special prosecutor on the case until February and had tried to broker a similar settlement, said insufficient resources and antagonistic witnesses could have hindered the prosecutors’ case.”I didn’t think we had a bad case, but it’s 50-50. It could go either way,” said Schaffer, a Houston-based criminal defense attorney.The Cook and Hochberg families said in a statement they are “grateful that they will receive restitution in full.”Wice acknowledged the long arc of the case that shuffled between four different judges over the years, ping-ponged between courtrooms in Dallas and Houston, and was slowed by the aftermath of Hurricane Harvey in 2017.The resolution of the securities fraud case furthers a dramatic reversal of political fortune for Paxton, who just a year ago appeared imperiled by the criminal case and the threat of being removed from office after his top aides reported him to the FBI.But Paxton has emerged emboldened. He waged war against dozens of GOP lawmakers who were part of the 2023 effort to impeach him, with his biggest target being state House Speaker Dade Phelan, who was forced into a May 28 runoff. He has also not ruled out a primary challenge to Republican Sen. John Cornyn in 2026.Paxton still faces legal troubles, however. A federal investigation has been probing some of the same charges presented in his impeachment and former aides who reported Paxton to the FBI are trying to make him testify in a whistleblower civil lawsuit.The securities fraud case has hung over Paxton nearly his entire time in statewide office. Yet the 61-year-old has shown political resilience time and again, winning over conservative activists, and importantly within the GOP, former President Donald Trump.Paxton had been accused of defrauding investors in a Dallas-area tech company called Servergy by not disclosing that he was being paid by the company to recruit them. He was charged with two counts of securities fraud and one count of not being registered as an investment adviser.James Spindler, a professor of business and law at the University of Texas at Austin, said it was surprising that Paxton even faced a felony prosecution. He described one of the charges — failing to register as an investment adviser — as a technical violation and said most similar cases are settled as civil lawsuits.Legal experts have said over the years that the longer the case drags on, the harder it would be for both sides.Paxton was also charged in a federal civil complaint filed by the U.S. Securities and Exchange Commission over his work with Servergy. But a federal judge in March 2017 dismissed the complaint against Paxton. The person who recruited Paxton to work with Servergy, ex-company CEO William Mapp, was found liable by a jury for misleading investors and ordered to pay a civil penalty of $22,500. Mapp lost his job with Servergy and later had to work as an Uber driver to make ends meet, according to court documents.The fraud allegations were among the original 20 articles of impeachment but were set aside during the impeachment trial in the Texas Senate last year.Paxton’s political opponents, most notably Republicans, had used the fraud charges against him in elections. But Paxton has twice been reelected as attorney general since his indictment, most recently in 2022.

    Texas Attorney General Ken Paxton on Tuesday agreed to pay nearly $300,000 in restitution under a deal to end criminal securities fraud charges that have shadowed the Republican for nearly a decade.

    Video above: Paxton’s attorney and prosecutor react to deal to dismiss charges

    The announcement by special prosecutors in a Houston courtroom came less than three weeks before Paxton was set to stand trial on felony charges that could have led to a prison sentence. It was the closest Paxton — who was indicted in 2015 — has ever come to trial over accusations that he duped investors in a tech startup near Dallas.

    Under the 18-month agreement, the special prosecutors would drop three felony counts against Paxton as long as he pays full restitution to his victims, and completes 100 hours of community service and 15 hours of legal ethics education. A former special prosecutor said the chance of a conviction was going to be “50-50.”

    Paxton said little during the hearing, and he avoided reporters by leaving the court through a back door.

    But in a statement released later Tuesday, Paxton — one of the nation’s most prominent state attorney generals, who just six months earlier was acquitted of corruption charges in an impeachment trial in the Texas Senate — remained defiant.

    “There will never be a conviction in this case nor am I guilty,” said Paxton, while thanking his family and supporters “for sticking by my side.” The agreement lets Paxton remain in his elected position and doesn’t affect his law license.

    Dan Cogdell, a Paxton’s attorney, said prosecutors would never have been able to prove their case at trial, but he conceded that it was cheaper for Paxton to accept the agreement.

    “Number one, the economics are actually in his favor for not going to trial. And number two, it’s a guaranteed dismissal at the end of the day,” Cogdell told reporters.

    Houston attorney Brian Wice, who was one of the special prosecutors, described the deal as a victory that requires Paxton to repay investors, including Byron Cook, a former GOP lawmaker who served with Paxton in the Texas Legislature, and the estate of Joel Hochberg, a South Florida businessman who died last year.

    Wice, who previously indicated that he would consider a pre-trial deal a “slap on the wrist,” said he and fellow prosecutor Jed Silverman reevaluated their chance of success based on evidence and witnesses.

    “Our primary duty is to do justice, not to convict. So, the question isn’t whether or not who won, but was justice served? And I think the answer to that is unmistakably yes,” Wice said.

    Kent Schaffer, who worked as a special prosecutor on the case until February and had tried to broker a similar settlement, said insufficient resources and antagonistic witnesses could have hindered the prosecutors’ case.

    “I didn’t think we had a bad case, but it’s 50-50. It could go either way,” said Schaffer, a Houston-based criminal defense attorney.

    The Cook and Hochberg families said in a statement they are “grateful that they will receive restitution in full.”

    Wice acknowledged the long arc of the case that shuffled between four different judges over the years, ping-ponged between courtrooms in Dallas and Houston, and was slowed by the aftermath of Hurricane Harvey in 2017.

    The resolution of the securities fraud case furthers a dramatic reversal of political fortune for Paxton, who just a year ago appeared imperiled by the criminal case and the threat of being removed from office after his top aides reported him to the FBI.

    But Paxton has emerged emboldened. He waged war against dozens of GOP lawmakers who were part of the 2023 effort to impeach him, with his biggest target being state House Speaker Dade Phelan, who was forced into a May 28 runoff. He has also not ruled out a primary challenge to Republican Sen. John Cornyn in 2026.

    Paxton still faces legal troubles, however. A federal investigation has been probing some of the same charges presented in his impeachment and former aides who reported Paxton to the FBI are trying to make him testify in a whistleblower civil lawsuit.

    The securities fraud case has hung over Paxton nearly his entire time in statewide office. Yet the 61-year-old has shown political resilience time and again, winning over conservative activists, and importantly within the GOP, former President Donald Trump.

    Paxton had been accused of defrauding investors in a Dallas-area tech company called Servergy by not disclosing that he was being paid by the company to recruit them. He was charged with two counts of securities fraud and one count of not being registered as an investment adviser.

    James Spindler, a professor of business and law at the University of Texas at Austin, said it was surprising that Paxton even faced a felony prosecution. He described one of the charges — failing to register as an investment adviser — as a technical violation and said most similar cases are settled as civil lawsuits.

    Legal experts have said over the years that the longer the case drags on, the harder it would be for both sides.

    Paxton was also charged in a federal civil complaint filed by the U.S. Securities and Exchange Commission over his work with Servergy. But a federal judge in March 2017 dismissed the complaint against Paxton. The person who recruited Paxton to work with Servergy, ex-company CEO William Mapp, was found liable by a jury for misleading investors and ordered to pay a civil penalty of $22,500. Mapp lost his job with Servergy and later had to work as an Uber driver to make ends meet, according to court documents.

    The fraud allegations were among the original 20 articles of impeachment but were set aside during the impeachment trial in the Texas Senate last year.

    Paxton’s political opponents, most notably Republicans, had used the fraud charges against him in elections. But Paxton has twice been reelected as attorney general since his indictment, most recently in 2022.

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  • 3/20: CBS Evening News

    3/20: CBS Evening News

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    3/20: CBS Evening News – CBS News


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    Appeals court again blocks Texas immigration law just hours after Supreme Court allowed it; Cherry blossoms reach peak bloom in nation’s capital

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  • 3/20: Prime Time with John Dickerson

    3/20: Prime Time with John Dickerson

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    3/20: Prime Time with John Dickerson – CBS News


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    John Dickerson reports on a new pause of the Texas immigration law SB4, when the Federal Reserve could lower interest rates, and the manhunt for a prisoner who escaped an Idaho hospital after a shootout.

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  • 3/19: Prime Time with John Dickerson

    3/19: Prime Time with John Dickerson

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    3/19: Prime Time with John Dickerson – CBS News


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    John Dickerson reports on Texas enforcing a controversial immigration law known as SB4, why Hong Kong’s national security law is sparking concerns about freedoms, and the top climate questions experts say voters should use to evaluate the presidential candidates.

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  • Court order puts Texas law allowing police to arrest migrants who cross illegally back on hold

    Court order puts Texas law allowing police to arrest migrants who cross illegally back on hold

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    A federal appeals court late Tuesday issued an order that again prevents Texas from arresting migrants suspected of entering the U.S. illegally, hours after the Supreme Court allowed the strict new immigration law to take effect.The decision by the 5th U.S. Circuit Court of Appeals comes weeks after a panel on the same court cleared the way for Texas to enforce the law by putting a pause on a lower judge’s injunction.But by a 2-1 order, a panel of the appeals court lifted that pause ahead of arguments before the court on Wednesday.Texas authorities had not announced any arrests made under the law.Earlier Tuesday a divided Supreme Court had allowed Texas to begin enforcing a law that gives police broad powers to arrest migrants suspected of crossing the border illegally as the legal battle over the measure played out.The conservative majority order rejected an emergency application from the Biden administration, which says the law is a clear violation of federal authority that would cause chaos in immigration law.Texas Gov. Greg Abbott had praised the order clearing the way for the law that allows any police officer in Texas to arrest migrants for illegal entry and authorizes judges to order them to leave the U.S.The high court didn’t address whether the law is constitutional. The measure was sent to the appellate court, which made the late Tuesday ruling.It was also unclear where any migrants ordered to leave might go if the law is ultimately allowed. It calls for them to be sent to ports of entry along the U.S.-Mexico border, even if they are not Mexican citizens.But Mexico’s government said Tuesday it would not “under any circumstances” accept the return of any migrants to its territory from the state of Texas. Mexico is not required to accept deportations of anyone except Mexican citizens.The Department of Homeland Security said the federal government would also continue the court challenge to the law that will “further complicate” the job of its “already strained” workforce. The agency won’t assist in any efforts to enforce the law known as Senate Bill 4.The Supreme Court’s majority did not write a detailed opinion in the case, as is typical in emergency appeals. But the decision to let the law go into effect drew dissents from liberal justices Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor.“The Court gives a green light to a law that will upend the longstanding federal-state balance of power and sow chaos,” Sotomayor wrote in a blistering dissent joined by Jackson.The law is considered by opponents to be the most dramatic attempt by a state to police immigration since an Arizona law more than a decade ago, portions of which were struck down by the Supreme Court. Critics have also said the Texas law could lead to civil rights violations and racial profiling.White House press secretary Karine Jean-Pierre called the law “harmful and unconstitutional” and said it would burden law enforcement while creating confusion. She called on congressional Republicans to settle the issue with a federal border security bill.Texas, for its part, has argued it has a right to take action over what authorities have called an ongoing crisis at the southern border. The Texas Department of Criminal Justice said in a statement it is “prepared to handle any influx” in the state’s detainee population associated with the state law.Sheriffs’ offices have been preparing for the implementation of Senate Bill 4 since the state’s legislative session last year, said Skylor Hearn, executive director of the Sheriffs’ Association of Texas.The law allows police in counties bordering Mexico to make arrests if they see someone crossing illegally, he said. It could also be enforced elsewhere in Texas if someone is arrested on suspicion of another violation and a fingerprint taken during jail booking links them to a suspected re-entry violation. It likely would not come into play during a routine traffic stop, he said.“I don’t think you will see anything ultimately different,” Hearn said.Arrests for illegal crossings along the southern border hit record highs in December but fell by half in January, a shift attributed to seasonal declines and heightened enforcement. The federal government has not yet released numbers for February.Some Texas officials sounded a cautious note.“A lot of the local police chiefs here, we don’t believe it will survive a constitutional challenge. … We have no training whatsoever to determine whether an individual is here in this country, legally,” said Sheriff Eddie Guerra of Hidalgo County. He serves as president of the Southwestern Border Sheriffs’ Coalition representing 31 border counties from Texas to California.Conservative Supreme Court Justice Amy Coney Barrett suggested her vote in favor of Texas stemmed from the technicalities of the appeals process rather than agreement with the state on the substance of the law.“So far as I know, this Court has never reviewed the decision of a court of appeals to enter — or not enter — an administrative stay. I would not get into the business. When entered, an administrative stay is supposed to be a short-lived prelude to the main event: a ruling on the motion for a stay pending appeal,” she wrote in a concurring opinion joined by fellow conservative Justice Brett Kavanaugh.The battle over the Texas immigration law is one of multiple legal disputes between Texas officials and the Biden administration over how far the state can go to patrol the Texas-Mexico border and prevent illegal border crossings.Several Republican governors have backed Gov. Abbott’s efforts, saying the federal government is not doing enough to enforce existing immigration laws.The Supreme Court in 2012 struck down key parts of an Arizona law that would have allowed police to arrest people for federal immigration violations, often referred to by opponents as the “show me your papers” bill. The divided high court found then that the impasse in Washington over immigration reform did not justify state intrusion.___Associated Press writers Mark Sherman and Rebecca Santana in Washington, Valerie Gonzalez in McAllen, Texas, Acacia Coronado in Austin, Texas, and Chris Sherman in Mexico City contributed to this report.

    A federal appeals court late Tuesday issued an order that again prevents Texas from arresting migrants suspected of entering the U.S. illegally, hours after the Supreme Court allowed the strict new immigration law to take effect.

    The decision by the 5th U.S. Circuit Court of Appeals comes weeks after a panel on the same court cleared the way for Texas to enforce the law by putting a pause on a lower judge’s injunction.

    But by a 2-1 order, a panel of the appeals court lifted that pause ahead of arguments before the court on Wednesday.

    Texas authorities had not announced any arrests made under the law.

    Earlier Tuesday a divided Supreme Court had allowed Texas to begin enforcing a law that gives police broad powers to arrest migrants suspected of crossing the border illegally as the legal battle over the measure played out.

    The conservative majority order rejected an emergency application from the Biden administration, which says the law is a clear violation of federal authority that would cause chaos in immigration law.

    Texas Gov. Greg Abbott had praised the order clearing the way for the law that allows any police officer in Texas to arrest migrants for illegal entry and authorizes judges to order them to leave the U.S.

    The high court didn’t address whether the law is constitutional. The measure was sent to the appellate court, which made the late Tuesday ruling.

    It was also unclear where any migrants ordered to leave might go if the law is ultimately allowed. It calls for them to be sent to ports of entry along the U.S.-Mexico border, even if they are not Mexican citizens.

    But Mexico’s government said Tuesday it would not “under any circumstances” accept the return of any migrants to its territory from the state of Texas. Mexico is not required to accept deportations of anyone except Mexican citizens.

    The Department of Homeland Security said the federal government would also continue the court challenge to the law that will “further complicate” the job of its “already strained” workforce. The agency won’t assist in any efforts to enforce the law known as Senate Bill 4.

    The Supreme Court’s majority did not write a detailed opinion in the case, as is typical in emergency appeals. But the decision to let the law go into effect drew dissents from liberal justices Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor.

    “The Court gives a green light to a law that will upend the longstanding federal-state balance of power and sow chaos,” Sotomayor wrote in a blistering dissent joined by Jackson.

    The law is considered by opponents to be the most dramatic attempt by a state to police immigration since an Arizona law more than a decade ago, portions of which were struck down by the Supreme Court. Critics have also said the Texas law could lead to civil rights violations and racial profiling.

    White House press secretary Karine Jean-Pierre called the law “harmful and unconstitutional” and said it would burden law enforcement while creating confusion. She called on congressional Republicans to settle the issue with a federal border security bill.

    Texas, for its part, has argued it has a right to take action over what authorities have called an ongoing crisis at the southern border. The Texas Department of Criminal Justice said in a statement it is “prepared to handle any influx” in the state’s detainee population associated with the state law.

    Sheriffs’ offices have been preparing for the implementation of Senate Bill 4 since the state’s legislative session last year, said Skylor Hearn, executive director of the Sheriffs’ Association of Texas.

    The law allows police in counties bordering Mexico to make arrests if they see someone crossing illegally, he said. It could also be enforced elsewhere in Texas if someone is arrested on suspicion of another violation and a fingerprint taken during jail booking links them to a suspected re-entry violation. It likely would not come into play during a routine traffic stop, he said.

    “I don’t think you will see anything ultimately different,” Hearn said.

    Arrests for illegal crossings along the southern border hit record highs in December but fell by half in January, a shift attributed to seasonal declines and heightened enforcement. The federal government has not yet released numbers for February.

    Some Texas officials sounded a cautious note.

    “A lot of the local police chiefs here, we don’t believe it will survive a constitutional challenge. … We have no training whatsoever to determine whether an individual is here in this country, legally,” said Sheriff Eddie Guerra of Hidalgo County. He serves as president of the Southwestern Border Sheriffs’ Coalition representing 31 border counties from Texas to California.

    Conservative Supreme Court Justice Amy Coney Barrett suggested her vote in favor of Texas stemmed from the technicalities of the appeals process rather than agreement with the state on the substance of the law.

    “So far as I know, this Court has never reviewed the decision of a court of appeals to enter — or not enter — an administrative stay. I would not get into the business. When entered, an administrative stay is supposed to be a short-lived prelude to the main event: a ruling on the motion for a stay pending appeal,” she wrote in a concurring opinion joined by fellow conservative Justice Brett Kavanaugh.

    The battle over the Texas immigration law is one of multiple legal disputes between Texas officials and the Biden administration over how far the state can go to patrol the Texas-Mexico border and prevent illegal border crossings.

    Several Republican governors have backed Gov. Abbott’s efforts, saying the federal government is not doing enough to enforce existing immigration laws.

    The Supreme Court in 2012 struck down key parts of an Arizona law that would have allowed police to arrest people for federal immigration violations, often referred to by opponents as the “show me your papers” bill. The divided high court found then that the impasse in Washington over immigration reform did not justify state intrusion.

    ___

    Associated Press writers Mark Sherman and Rebecca Santana in Washington, Valerie Gonzalez in McAllen, Texas, Acacia Coronado in Austin, Texas, and Chris Sherman in Mexico City contributed to this report.

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  • Texas immigration law blocked again, just hours after Supreme Court allowed state to arrest migrants

    Texas immigration law blocked again, just hours after Supreme Court allowed state to arrest migrants

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    Hours after the Supreme Court gave Texas officials permission to jail and prosecute migrants suspected of crossing the U.S. southern border without authorization, an appeals court late Tuesday blocked the state from enforcing its controversial immigration law known as SB4.

    In a late-night order, a 5th Circuit Court of Appeals panel dissolved a pause that it issued in early March to suspend a lower court ruling that found SB4 to be unconstitutional.

    The order reinstated a ruling from U.S. District Court Judge David Ezra, who concluded in late February that SB4 conflicted with federal immigration laws and the Constitution.

    Earlier on Tuesday, the Supreme Court denied a request from the Justice Department to void the initial 5th Circuit order that had paused Ezra’s ruling. The high court allowed SB4 to take effect for several hours, though it’s unclear whether Texas arrested any migrants under the law during that short time span.

    Ezra’s order blocking SB4 will stay in place until the 5th Circuit rules on Texas’ request to allow the law to be enforced while the appeals court considers its legality. A virtual hearing on that question is scheduled for Wednesday morning.

    Passed by the Texas legislature last year, SB4 criminalizes unauthorized migration at the state level, making the act of entering the U.S. outside of a port of entry — already a federal offense — into a state crime. It also creates a state felony charge for illegal reentry.

    SB4 empowers law enforcement officials in Texas, at the state and local level, to detain and prosecute migrants on these new criminal charges. It also grants state judges the power to require migrants to return to Mexico as an alternative to prosecution.

    The Justice Department has said SB4 conflicts with federal law and the Constitution, noting that immigration enforcement, including arrests and deportations, have long been a federal responsibility. It has also argued the measure harms relations with the Mexican government, which has denounced SB4 as “anti-immigrant” and vowed to reject migrants returned by the state of Texas.

    Texas Gov. Greg Abbott, who has positioned himself as the leading state critic of President Biden’s border policies, has portrayed SB4 as a necessary measure to discourage migrants from crossing the Rio Grande, arguing the federal government has not done enough to deter illegal immigration.

    Over the past three years, Texas has mounted the most aggressive state effort yet to challenge the federal government’s power over immigration policy, busing tens of thousands of migrants to major, Democratic-led cities, assembling razor wire and buoys along stretches of the border to deter migrant crossings and filing multiple lawsuits against federal immigration programs. 

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  • 3/19: CBS Evening News

    3/19: CBS Evening News

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    3/19: CBS Evening News – CBS News


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    Supreme Court allows controversial Texas immigration bill to go into effect; Hospital’s smallest-ever premature baby finally goes home

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  • The spring equinox is here. What does that mean?

    The spring equinox is here. What does that mean?

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    Spring is almost here — officially, at least.

    The vernal equinox arrives on Tuesday, marking the start of the spring season for the Northern Hemisphere.


    What You Need To Know

    • The spring equinox is at 11:06 p.m. on Tuesday, March 19
    • Earth’s axis lines up with the sun so both hemispheres get an equal amount of sunlight
    • Astronomical seasons differ from meteorological seasons


    But what does that actually mean? Here’s what to know about how we split up the year using the Earth’s orbit.

    What is the equinox?

    As the Earth travels around the sun, it does so at an angle.

    For most of the year, the Earth’s axis is tilted either toward or away from the sun. That means the sun’s warmth and light fall unequally on the northern and southern halves of the planet.

    During the equinox, the Earth’s axis and its orbit line up so that both hemispheres get an equal amount of sunlight.

    The word equinox comes from two Latin words meaning equal and night. That’s because on the equinox, day and night last almost the same amount of time — though one may get a few extra minutes, depending on where you are on the planet.

    The Northern Hemisphere’s spring — or vernal — equinox can land between March 19 and 21, depending on the year. Its fall – or autumnal — equinox can land between Sept. 21 and 24.

    What is the solstice?

    The solstices mark the times during the year when the Earth is at its most extreme tilt toward or away from the sun. This means the hemispheres are getting very different amounts of sunlight — and days and nights are at their most unequal.

    During the Northern Hemisphere’s summer solstice, the upper half of the earth is tilted in toward the sun, creating the longest day and shortest night of the year. This solstice falls between June 20 and 22.

    Meanwhile, at the winter solstice, the Northern Hemisphere is leaning away from the sun — leading to the shortest day and longest night of the year. The winter solstice falls between December 20 and 23.

    What’s the difference between meteorological and astronomical seasons?

    These are just two different ways to carve up the year.

    Meteorological seasons are defined by the weather. They break down the year into three-month seasons based on annual temperature cycles. By that calendar, spring starts on March 1, summer on June 1, fall on Sept. 1 and winter on Dec. 1.

    Astronomical seasons depend on how the Earth moves around the sun.

    Equinoxes mark the start of spring and autumn. Solstices kick off summer and winter.

    Our team of meteorologists dives deep into the science of weather and breaks down timely weather data and information. To view more weather and climate stories, check out our weather blogs section.

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  • The darkside of housing bipartisanship

    The darkside of housing bipartisanship

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    Happy Tuesday and welcome to yet another edition of Rent Free. This week’s stories include:

    • Texas Gov. Greg Abbott bizarrely cites TikTok falsehoods while calling for a crackdown on investor-owned housing.
    • Austin, Texas, builds a lot of homes and sees home prices drop. Scientists are baffled.
    • Sacramento, California, experiments with leasing public land to the homeless.

    But first, our lead story about the darker side of housing bipartisanship. As most of the coverage of the 2024 YIMBYtown conference detailed, housing is one of those issues where Republicans and Democrats—while generally more polarized than ever—can still work across the aisle to pass zoning reform.

    The flip side of this dynamic is that Republicans and Democrats work against their own co-partisans to undermine zoning reform. For an example of this, witness what happened in Arizona yesterday.


    In Arizona, Starter Homes Are Finished

    Gov. Katie Hobbs, a Democrat, has earned herself a place in housing history/infamy by vetoing H.B. 2570, aka the Arizona Starter Homes Act, on Monday. Hers is the first gubernatorial veto of a major YIMBY bill.

    The bill aimed to make smaller, owner-occupied housing easier to build by limiting local governments’ abilities to ban smaller homes, require new housing to sit on larger lots, enforce purely aesthetic design requirements, force new housing to be covered by homeowners’ associations (HOAs), or mandate community amenities that would require an HOA to manage.

    H.B. 2570’s deregulatory means in the service of more traditionally liberal ends of housing affordability produced unusually bipartisan votes in the Arizona House and Senate, with Republicans and Democrats pretty evenly represented in both the ‘yes’ and ‘no’ columns.

    “We had very progressives like myself partnering with very strong conservatives, who saw this as a proper rights issue, whereas people like myself look at it as a basic equal opportunity issue,” Rep. Analise Ortiz (D–Glendale) told Reason last week.

    A majority of legislators from her own party voting in favor of the Starter Homes Act wasn’t enough to bring Hobbs around.

    “This is unprecedented legislation that would put Arizonans at the center of a housing reform experiment with unclear outcomes,” said the governor in a veto statement. “This expansive bill is a step too far and I know we can strike a better balance.”

    Hobbs’ veto statement cited only the opposition of the U.S. Department of Defense—which complained the bill didn’t exempt areas around military bases—and firefighters, who said limitations on local setbacks regulations and required amenities like swimming pools could increase fire hazards. (The Starter Homes Act bill expressly protects local health and safety regulations.)

    Conspicuously, the governor did not mention the primary organized opposition to the Starter Homes Act: Arizona’s cities.

    As Reason reported last week, Arizona’s influential League of Cities and Towns—a publicly funded association of municipalities that lobbies the state legislature—was dead set against the bill from the beginning. The league had refused to negotiate on it or propose amendments.

    After the bill passed, Hobbs told reporters that she was undecided on the bill and that she would have preferred housing bills that also have the support of local governments.

    In Arizona, Democrats have long been the party of local control.

    As the usual minority party in control of the state’s largest city governments, Arizona Democrats have been constantly fending off Republican efforts to preempt local, liberal regulations and taxes. Of all the elements of local control, cities are the most jealous guardians of their land-use powers.

    The rising salience of housing has upset this dynamic somewhat. Among the champions of H.B. 2570 were a number of progressive Democrat lawmakers. They’re now complaining about the influence cities are wielding in the legislature.

    “Cities and their lobbyists cannot continue to be the only barrier to statewide zoning reform solely to retain power and uphold policy decisions that have been historically detrimental to so many, especially communities like mine,” said Sen. Anna Hernandez (D–Phoenix).

    An irony of the bipartisan nature of housing politics is that it might be too bipartisan. Conservative Republicans and progressive Democrats both support zoning reform. In the Legislature, they can form alliances to get bills passed. But come election day, they’re still going to vote like conservative Republicans and progressive Democrats.

    If Hobbs’ calculation is that she can upset YIMBY Democrats while still keeping their votes, she might not be wrong.

    As one former Arizona Democrat lawmaker and YIMBY activist told The Atlantic‘s Jerusalem Demsas for a recent article, “If [Hobbs] ended up being the biggest NIMBY in our state, I’d still vote for her reelection because zoning, even though I’m one of the biggest zoning-reform advocates in the state…still doesn’t rise high enough for me to flip my vote.”

    In her veto letter, Hobbs tries to have it both ways on housing. She says she’s “supportive” of the Legislature’s ongoing “efforts” to find a compromise on other housing bills that would liberalize accessory dwelling unit laws, all for residential redevelopment of commercial properties, and the like. She also says that “the status quo is not acceptable.”

    Nevertheless, her veto preserves a status quo that increasing numbers of Republicans and Democrats find untenable.


    Texas Gov. Greg Abbott’s TikTok Housing Politics 

    When a politician says they love free markets, you always know a “but” is coming.

    Such was the case with Texas’ Republican Gov. Greg Abbott, who said on X that he “strongly supports free markets. But this corporate large-scale buying of residential homes seems to be distorting the market and making it harder for the average Texan to purchase a home.”

    Abbott was quote tweeting a profanity-laced TikTok video in which a woman claims that “private equity firms purchased 44 percent of single-family homes in America.”

    “This must be added to the legislative agenda to protect Texas families,” said Abbott. No one said politics in the 21st Century would be uninteresting.

    Cracking down on corporate home ownership has to date been mostly a cause of left-wing politicians, and heterodox right-wingers like U.S. Sen. J.D. Vance (R–Ohio). They blame institutional investors for driving up the prices of single-family homes that could have been purchased by individual families who, the story goes, are now stuck perpetually in the renting market.

    In fact, the woman in the TikTok video didn’t quite have all her facts straight.

    Writing over at Housing Wire, Logan Moshtashami cites data from Freddie Mac showing that large corporate purchasers who bought 100 or more homes in the last year make up about 2.5 percent of home sales. In the second quarter of 2023, very large landlords owning over 1,000 homes purchased just .4 percent of single-family homes.

    Investor-purchased homes have made up between 20 and 30 percent of home sales going back to the start of the century, but the vast majority of these investors are mom-and-pop landlords who own under 10 properties.

    This is a far cry from BlackRock buying up all the homes. While a growing (apparently bipartisan) collection of politicians likes to complain about this phenomenon, it’s not necessarily a bad thing.

    Renters who either don’t qualify for financing or who aren’t looking to buy can still have access to single-family housing by renting it from an investor-owner. Research shows that restrictions on investor-owned housing result in lower-income renters being excluded from single-family neighborhoods.

    One way to boost homeownership would be to legalize the production of smaller starter homes. A bill that would have done just that happened to pass in Arizona. We know how that turned out.


    In Austin, Proof of YIMBY Concept

    A wave of in-migration to booming Austin, Texas, saw home prices, rents, and incomes increase. This has been followed by a rash of new home and apartment construction, which is now pulling housing prices back down.

    Overall, rents are down 7 percent this year, according to Apartment List data culled by The Wall Street Journal. The Journal gives this all a somewhat negative framing, describing a “glut” of luxury apartments and single-family homes selling at a loss.

    It’s also yet more proof that the basic supply and demand story continues to be true, even for housing. Despite some important zoning reforms, Austin is far from a YIMBY paradise. Nevertheless, development is a lot less restricted there than in other high-cost “superstar” cities.

    As a result, new construction in the city is able to partially accommodate new demand and moderate price spikes.

    The Texas-sized edition of Rent Free earlier this month covered some of the ways that the city and the state could liberalize development even more to boost construction and bring prices down.


    In Sacramento, the Socialist Version of Homeless Homesteading

    Sacramento, California, is trying out a novel approach to the city’s homelessness crisis: leasing public land to an officially sanctioned homeless encampment. CalMatters reports:

    When Sacramento changed its plan to demolish a homeless encampment on a vacant lot on Colfax Street, instead offering the homeless occupants a lease, activists and camp residents celebrated it as a win.

    The first-of-its-kind deal, which allows the camp to remain in place and govern itself without city interference, was held up as a model Sacramento could replicate at future sites.

    It’s produced mixed results. Those who didn’t like the encampment’s presence haven’t been mollified. Many of the encampment residents complain of a lack of city-provided services.

    Homeless advocates still argue the city lease allows people with nowhere else to go some level of stability and sanctuary, and makes it easier for homeless service providers to maintain contact with the people they’re trying to help.

    The experiment appears to be the socialist version of the “homeless homesteading” I proposed last year. The idea was to give the homeless title to public land they already occupy. Once they owned the land, the homeless could go about improving homes on-site. If their presence continued to produce nuisances, nearby property owners could purchase the land from them. Encampment residents could use the proceeds of the sale to buy more traditional housing.

    It’s an “off the wall” idea, to be sure. By only leasing the land to the homeless, Sacramento is short-circuiting the Coasian bargaining that promised the biggest benefits of homeless homesteading.


    Quick Links

    • Vancouver, Canada, is taking land rights for indigenous communities seriously. But now that the area’s First Nations use their land rights to build housing, the neighbors are having second thoughts.
    • Speaking of starter homes in Arizona, the city of Mesa’s zoning board voted to recommend denying a 26-unit townhome project in response to complaints from homeowners near the project site.
    • The New Republic published a takedown of the YIMBY case that building more housing reduces housing prices which ends up conceding the core YIMBY premise that building more housing reduces housing prices.
    • New York Senate Democrats continue to push for a radical “Good Cause Eviction” bill. See Reason‘s past coverage of the bill here.
    • Milwaukee, Wisconsin, presses ahead with zoning reforms that would loosen density restrictions across the city.
    • The housing production power combo appears to be Democrat-run cities in Republican-run states, where everyone is at least minimally interested in growth.

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    Christian Britschgi

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