Big Jolly Politics

politics in Harris County and Texas

Log Cabin Republican Holiday Soiree – Chadwick Moore Guest Speaker

by

This is a press release by the Log Cabin Republicans.

The Log Cabin Republicans of Houston are pleased to host an evening with dynamic conservative activist, Chadwick Moore, at their holiday gathering December 8, 2021. Chadwick is the editor-in-chief of OUTspoken, a Spectator columnist and contributing editor, has appeared on Fox News, NPR and other news outlets, and is a popular speaker nationally. As a former Socialist he provides a fresh vision of modern conservativism in America. Tickets for this event are available at www.LogCabinHouston.org/calendar.

Log Cabin Republicans is the nation’s original and largest organization representing gay conservatives and allies who support fairness, freedom, and equality for all Americans. Log Cabin Republicans has state and local chapters nationwide, full-time staff in Washington, DC, a federal political action committee, and state political action committees.  Log Cabin Republicans of Houston strives to be an advocate for legal and political equality for all Houstonians, regardless of sexual orientation or status, under the framework of the Republican principles of limited government, individual liberty, and personal responsibility.

Pro-Life praise for Speaker Joe Straus and Rep. Byron Cook

by

Joe straus

Texas Alliance for Life Praises Pro-Life Legislative Accomplishments of Speaker Straus and House State Affairs Chairman Cook

FOR IMMEDIATE RELEASE:
October 25, 2017
CONTACT:
Melissa Duncan, Director of Communications
512.477.1244 (o)
[email protected]

 

AUSTIN — Today, Texas Speaker of the House Joe Straus (R-San Antonio) announced that he would not seek re-election for his Texas House of Representatives seat in House District 121. The following is a statement on behalf of Texas Alliance for Life (TAL) Executive Director Joe Pojman, Ph.D.:

“Texas has become the envy of the nation because of the tremendous pro-life accomplishments of the Texas Legislature. Over the past five sessions, Speaker Straus has ensured Texans that pro-life issues are one of his priority issues,” said Dr. Pojman. “Speaker Straus has been critical to the substantial success of the pro-life movement in Texas, and we commend his strong record of accomplishments like the 10 pro-life bills recently passed by the Legislature and the continued defunding of Planned Parenthood — a record achievement in Texas. In his role as Speaker, we will always be grateful for his partnership with Texas Alliance for Life and other productive pro-life organizations, and we look forward to working with the future leaders in the House to ensure continued pro-life success for all of Texas,” Dr. Pojman added.

In addition to Speaker Straus’ announcement, an announcement was also made today by Representative Byron Cook (R-Corsicana). Cook, who served as the powerful Chairman of the House State Affairs Committee, will not seek re-election in the next cycle. The following is a statement on behalf of Texas Alliance for Life Executive Director Joe Pojman, Ph.D.:

“For the past fourteen years, Chairman Cook has been a legislative leader who was pivotal to many great things that happened across the pro-life movement in Texas. In his role as State Affairs Chairman, numerous bills came to be considered and heavily debated in the State Affairs Committee. Without his leadership, many pro-life priority bills may not have moved on to become the laws they are today. Chairman Cook did much for Texas regarding bills such as the Sonogram Bill in 2011, HB 2 in 2013, and numerous bills which were passed in the 85th Legislative Session and First Called Special Session. We are fortunate to call him a true friend of Texas Alliance for Life, and we know that his pro-life legacy will long surpass his years in office,” said Dr. Pojman.

This past year, during the 85th Regular Session of the Texas Legislature, Texas celebrated another sensational session on the life issue. This follows a very successful pro-life session in 2015. Under the leadership of Governor Greg Abbott, Lieutenant Governor Dan Patrick, and Speaker Joe Straus, the Legislature passed six pro-life bills. The Legislature continued funding for alternatives to abortion, continued the defunding of Planned Parenthood, and passed numerous other pro-life provisions in the General Appropriations Act, the state’s two-year budget. For a full listing of pro-life accomplishments in the 85th Legislative session please visit the TAL website.

Pro-life success carried on through the First Called Special Session in the summer of 2017. Upon the conclusion of the special session, the Legislature passed an additional four pro-life bills. Governor Abbott quickly signed them all into law. Texas Alliance for Life strongly supported each of these pro-life bills during the special session. To learn more about these bills, please click here.
# #

Rep. Brian Babin Issues Statement on U.S. Military Strike in Syria

by

This is certain to make the heads of self-described constitutionalists and libertarians in Texas CD-36 explode. From the InBox:

Brian babin

Washington, DC – U.S. Rep. Brian Babin (R-TX) issued the following statement today in support of President Trump’s targeted military strike on the airfield in Syria from where a deadly chemical weapons attack was launched on innocent civilians, including women and children:

“The tyrants and dictators around the world better take notice that for the first time in eight years we have a strong and decisive commander-in-chief in the White House.  Syrian Dictator Bashar al-Assad’s barbaric use of chemical weapons on innocent men, women, and children must be met with consequences.  As a father and grandfather, it is heart wrenching to see the use of chemical weapons on young children.  I commend the President for his firm leadership and making clear to Assad and the entire world that such evil will not be tolerated.  American leadership is back and it is high time.”

###

It is interesting watching people from both sides get offended by the fact that President Trump JUST SAID NO to chemical warfare.

Letter to Houston Firefighters’ Relief and Retirement Fund Members

by

houston pensionfrom David L. Keller, Jr., Chairman, HFRRF Board of Trustees

Dear Members:

In recent days, Mayor Sylvester Turner effectively has instructed city staff to end discussions with the Houston Firefighters Relief and Retirement Fund.  After more than 30 formal meetings with the city, scores of emails and phone calls, countless legal and actuarial analyses, and dedicated nights, weekends and holidays working toward a solution, our Mayor, the former state legislator, has decided to use the insider’s game of the legislative process to pursue his own one-sided plan.

In light of the mayor’s disappointing decision and misleading public comments, I wanted to update you on where things stand and our own plan for protecting our pension system.

First you should know that we tried in earnest to achieve a reasonable deal for you, our members, with the city. We went into discussions fearing the Mayor would use our well-funded, well-managed system to pay for the other funds’ shortfalls and his other priorities. Our fears now seem well-founded.

As the process wore on we sensed that the other pension systems were getting information, deal language, and negotiations ahead of us. We were not included in the first rounds of discussions. The city returned our drafts slowly or incorrectly using ambiguous language, often with new features and provisions favorable to the city and needing new discussions. On several occasions, when we thought an agreement had been reached, the Mayor’s staff would introduce new items outside the original framework or other “non-negotiable” items. Every maneuver presented more evidence the city was not truly interested in reaching a reasonable deal with us. Looking back, we now believe the city purposefully dragged its feet to use the March 10 deadline for filing bills against us.

We mention all this background because the Mayor’s recent statements blame us for the current impasse. We view this as a clever attempt to justify to his former legislative colleagues why they should accept his plan despite our serious reservations and objections on points the city insists upon and will not discuss. The Mayor declared, in this week’s council meeting, that the plan he submitted for our fund is similar to one for the Houston Police Officer’s Pension System (HPOPS) — we do not know what his plan is exactly because he has not shared it with us.  Effectively introducing a parity in pensions while there has been no parity in pay for nearly two decades is fundamentally unfair.  If the Mayor’s plan for us is the version we last saw or worse, we will absolutely oppose it. It was punitive and failed to reflect the HFFRF’s strong financial position relative to the other systems.

Since our inception 80 years ago, HFRRF has made sound financial decisions and earned solid returns to ensure your benefits are here now and throughout retirement.  The money which the city owes the firefighters’ pension is less than one-fifth its overall obligation to all Houston pension systems. The Mayor and city staff have ignored the inconvenient fact that firefighters have opted for more in deferred compensation of retirement benefits than current salary.

In coming weeks we will be addressing this situation and will advise you when events in Austin warrant further update. We have many options as to how we will inform legislators about our concerns and the unfolding situation. We refuse to sit idly by while attempts are made to bulldoze us. We will protect our pension system – the best funded among all Texas pension systems with more than $1 billion in assets – so that you do not suffer for the city’s track record of fiscal mismanagement. We did not dig their holes. We should not be forced to fill them with our retirement funds. While we never expected nor advocated for the status quo and still do not, we are 100{997ab4c1e65fa660c64e6dfea23d436a73c89d6254ad3ae72f887cf583448986} committed to protecting the retirement security of our members. Unfortunately, the city’s priorities do not align with ours. While we have been and remain willing to work with the Mayor to reach amicable language to present to the legislature jointly that would result in adjustments to the Houston Firefighters’ Relief and Retirement Fund’s statute, it does not appear that the Mayor shares this willingness.

Sincerely,

David L. Keller, Jr.
Chairman, HFRRF Board of Trustees

Victory in the Fifth Circuit for Pro-life advocate Jonathan Davidson

by

Victory in the Fifth Circuit For Pro-Lifer Falsely Arrested While Standing Against Abortion Giant Planned Parenthood  

HOUSTON, TX—Earlier this week, the Fifth Circuit Court of Appeals held that two Stafford, Texas police officers were “objectively unreasonable” for arresting a man peacefully sharing his pro-life views outside a Planned Parenthood abortion facility in the Houston area.  This is an important victory for the pro-life movement, because the Court’s decision makes clear to the abortion industry and law enforcement that pro-lifers have the right to communicate with—and distribute information to—individuals entering and leaving abortion facilities without fear of being arrested based on false or misleading accusations.

In May 2013, Plaintiff Jonathan Davidson took a few hours out of his day, as he has done for many years, to stand on public property outside an abortion facility.  He prays for an end to abortion, witnesses to abortion workers and volunteers, and offers immediate life-affirming solutions to anyone who might be seeking to end an unborn child’s life.  This particular day, he stood outside of a Planned Parenthood in Stafford, TX, which is located in a commercial strip center facing U.S. Highway 59.  Davidson held a sign towards oncoming traffic that read “Pray to End Abortion,” he shared information with people entering or exiting the parking lot, and he offered coupons for free ultrasounds and pregnancy tests.  Apparently aggravated by opposition to their abortion business, a Planned Parenthood employee aggressively approached Davidson and told him to leave.  Undeterred, Davidson continued to provide a pro-life witness to those passing by on the busy feeder road and to anyone else nearby.  The abortion worker then called the police.

In response to a call about a “protester … flagging down our patients before they come in the clinic,” two Stafford PD officers arrived.  After one officer’s lengthy conversation with Planned Parenthood, they approached Davidson aggressively and asked if he was talking to Planned Parenthood’s customers.  He answered “yes” and was then informed that, if he continued, he would be taken to jail.  Sensing unreasonable hostility from the officers, Davidson attempted to formally introduce himself, giving his name, and explaining that he was also offering coupons for free ultrasounds and free pregnancy tests.

At that point, despite Davidson having never committed a crime, and the officers having no probable cause to suspect that a crime had been committed, the officers abruptly shifted to requesting identification.  The officers asked Davidson for his name, to which he repeatedly responded “Jonathan.”  After years of activity in the pro-life movement, Davidson was well aware of the nefarious tactics used by abortion workers to attempt to dissuade pro-lifers from continuing their life-affirming activities, which often includes providing false allegations to police officers.  Knowing that the law did not require him to provide any of his personal information to police officers if he had not committed a crime or been arrested, and not wanting any of this information to be available to Planned Parenthood, he chose not to provide any further personal information.  In response, the officers immediately arrested him for “failure to identify” under Texas Penal Code § 38.02.

After being strip-searched, Davidson spent approximately eight hours in jail.  After being released on bond, he was then held in limbo waiting to see if Stafford planned to prosecute him.  Following months of silence, he retained an attorney who wrote to the City to explain that Davidson had clearly never committed a crime.  He also demanded confirmation that Davidson could return to the location to engage in his free speech activities without fear of another false arrest.

Stafford’s attorney confirmed that the City would not prosecute him for the May 2013 arrest, but offered nothing to assure Davidson that he was safe from arrest if he returned to engage in the same legal activities at the same Planned Parenthood.  In order to ensure that his constitutional rights would be protected, Davidson filed suit against the arresting officers, the Chief of Police, and the City.

After suit was filed, the officers’ and City’s rationale for the arrest suddenly changed.  Although it was never mentioned in the arrest report, the Defendants now claimed that the arrest was justified because they had reason to believe that Davidson had “obstructed” traffic outside the clinic.  This was an absurd claim based only on vague allegations made by the abortion worker that Davidson had “delayed” and “inconvenienced” Planned Parenthood’s customers.  There was never any allegation that Davidson had actually impeded a single person or vehicle.

“The claim that Davidson was obstructing traffic was nothing more than a litigation tactic by the Defendants to try to justify the arrest,” said Davidson’s attorney Jerad Najvar. “But I’m glad they raised it here, because that exact allegation of obstruction is used frequently by abortion workers to attempt to get rid of pro-lifers outside their facilities.  The Fifth Circuit’s decision, however, powerfully reinforces the law that inviting fellow citizens to have a conversation, and passing out cards or leaflets in public, is not a crime.”

Furthermore, the Court also made clear this week that a person cannot be arrested for failing to provide identification to the police unless he has already been “lawfully arrested” for a separate crime.  Given that Davidson had not committed a crime and was not under arrest at the time of the questioning, he could not be arrested for “Failure to ID” under Texas Penal Code § 38.02 standing alone.  This was a false arrest.

The Court, therefore, held that trial could proceed against the individual officers.  With regard to Stafford, while the Court held there was not sufficient evidence to hold the City itself liable for the May 2013 arrest, the Court also held that Davidson raised a legitimate First Amendment claim against the City of Stafford based on Stafford’s demonstrated intent to continue applying the statutes in an unconstitutional manner, which has prevented Davidson from returning to the same facility since the arrest.

The case is Davidson v. City of Stafford, et al., No. 16-20217 (5th Cir.).  If no appeal is filed, the parties will return to the trial court in Houston for further proceedings.

A link to the Fifth Circuit’s opinion is HERE.

Jerad Najvar practices political and constitutional law and is founder of the Najvar Law Firm in Houston.  He served as co-counsel to Shaun McCutcheon in McCutcheon v. FEC, in which the U.S. Supreme Court struck down the federal aggregate contribution limits, and lead counsel in Catholic Leadership Coalition v. Reisman, in which the Fifth Circuit Court of Appeals struck down a waiting period on Texas PACs.

###

Jerad Wayne Najvar
NAJVAR LAW FIRM
4151 Southwest Freeway, Suite 625
Houston, TX 77027
281.404.4696 (office)
281.684.1227 (cell)
[email protected]
www.najvarlaw.com