David Ortez

In case you are not aware of Trayvon Martin, then you should read about the unfortunate event that led to his death. It is not my duty to feed you my conclusions. I shall merely defer to commentary and analysis of this tragic situation that offer insight into a contemporary socio-economic issue.

Leonard Pitts Jr., Houston Chronicle,  The Case of Trayvon Martin– When others choose not to see you

That’s one of the great frustrations of African-American life, those times when you are standing right there, minding your business, tending your house, coming home from the store, and other people are looking right at you, yet do not see you. They see instead their own superstitions and suppositions, paranoia and guilt, night terrors and vulnerabilities. They see the perpetrator, the suspect, the mug shot, the dark and scary face that lurks at the open windows of their vivid imaginings. They see the unknown, the unassimilable, the other.

Jonathan Capehart, Wash Post, Under Suspicion

All this might seem paranoid. After all, I was taught these things almost 20 years after Jim Crow by African Americans who experienced its soul-crushing force first hand. And this is 2012. So much has changed for the better since then. But then comes along a Trayvon Martin to remind us that the burden of suspicion is still ours to bear. And the cost for taking our lives might be none.

Mary C. Curtis, Wash Post, Trayvon should be every mother’s son

I did my duty when he was young. My husband and I decided to lay down the rules of behavior we thought would keep him safe. It’s a delicate balance, to be sure. You want a son’s childhood years to be carefree, but you also know there comes a time when the kid everyone thought was too cute grows into a young man whose presence makes strangers clutch purses closer and wait – “thanks but no thanks” – for the next elevator.

Kelly Wickham, Mocha Momma,  Up To No Good

The facts that haunt me as a mother are that children are not safe from overzealous adults who confront them when they’re supposedly guilty of something. From the reports about George Zimmerman I’ve learned that he sent e-mails to people in the gated community often detailing blacks who looked suspicious. How is it that a 200-pound man can go after a child after being told not to and end up shooting him in “self defense”? None of that makes sense.

Laurie White, LaurieWrites, Trayvon

I do not want any of these young men to die for existing, for walking down a street on the way back to anyone’s house, by an animal with a nine-millimeter handgun, whose only excuse is seeing a black boy and being on a fake neighborhood watch. And because that is so, because I have looked into the faces of many young men of color and seen them, known them, heard their stories, it would be remiss for me NOT to ask justice for the young man whose face represents all of them most sadly in that role this week, whose face, I believe, represents a call for justice at a critical time in our history, a time when we cannot afford — any of us, but especially those of us who are motivated, who have distinct personal reasons not to be — to be silent.

The Grio, Trayvon Martin: 15 facts you should know…

12. A police officer “corrected” a key witness. “The officer told the witness, a long-time teacher, it was Zimmerman who cried for help, said the witness. ABC News has spoken to the teacher and she confirmed that the officer corrected her when she said she heard the teenager shout for help.” [ABC News]

As Jean-Baptiste Alphonse Karr eloquently stated, “The more things change, the more they stay the same.” It seems even though the 1960s seem so long ago, the struggle continues in 2012.

STATE OF TEXAS CONSTITUTIONAL AMENDMENT ELECTION

PROPOSITION 1 (FOR)
“The constitutional amendment authorizing the legislature to provide for an exemption from ad valorem taxation of all or part of the market value of the residence homestead of the surviving spouse of a 100 percent or totally disabled veteran.”

PROPOSITION 2 (FOR)
“The constitutional amendment providing for the issuance of additional general obligation bonds by the Texas Water Development Board in an amount not to exceed $6 billion at any time outstanding.”

PROPOSITION 3 (FOR)
“The constitutional amendment providing for the issuance of general obligation bonds of the State of Texas to finance educational loans to students.”

PROPOSITION 4 (FOR)
“The constitutional amendment authorizing the legislature to permit a county to issue bonds or notes to finance the development or redevelopment of an unproductive, underdeveloped, or blighted area and to pledge for repayment of the bonds or notes increases in ad valorem taxes imposed by the county on property in the area. The amendment does not provide authority for increasing ad valorem tax rates.”

PROPOSITION 5 (FOR)
“The constitutional amendment authorizing the legislature to allow cities or counties to enter into interlocal contracts with other cities or counties without the imposition of a tax or the provision of a sinking fund.”

PROPOSITION 6 (FOR)
“The constitutional amendment clarifying references to the permanent school fund, allowing the General Land Office to distribute revenue from permanent school fund land or other properties to the available school fund to provide additional funding for public education, and providing for an increase in the market value of the permanent school fund for the purpose of allowing increased distributions from the available school fund.”

PROPOSITION 7 (FOR)
“The constitutional amendment authorizing the legislature to permit conservation and reclamation districts in El Paso County to issue bonds supported by ad valorem taxes to fund the development and maintenance of parks and recreational facilities.”

PROPOSITION 8 (FOR)
“The constitutional amendment providing for the appraisal for ad valorem tax purposes of open-space land devoted to water-stewardship purposes on the basis of its productive capacity.”

PROPOSITION 9 (FOR)
“The constitutional amendment authorizing the governor to grant a pardon to a person who successfully completes a term of deferred adjudication community supervision.”

PROPOSITION 10 (FOR)
“The constitutional amendment to change the length of the unexpired term that causes the automatic resignation of certain elected county or district officeholders if they become candidates for another office.”

CITY OF HOUSTON GENERAL ELECTION

City of Houston, MAYOR
Annise D. Parker

City of Houston, COUNCIL MEMBER, DISTRICT A
Bob Schoelkopf

City of Houston, COUNCIL MEMBER, DISTRICT B
Kathy Blueford-Daniels

City of Houston, COUNCIL MEMBER, DISTRICT C
Ellen Cohen

City of Houston, COUNCIL MEMBER, DISTRICT D
Wanda Adams

City of Houston, COUNCIL MEMBER, DISTRICT E
No Endorsement

City of Houston, COUNCIL MEMBER, DISTRICT F
Peter “Lyn” René

City of Houston, COUNCIL MEMBER, DISTRICT G
No Endorsement

City of Houston, COUNCIL MEMBER, DISTRICT H
Edward “Ed” Gonzalez

City of Houston, COUNCIL MEMBER, DISTRICT I
James Rodriguez

City of Houston, COUNCIL MEMBER, DISTRICT J
Criselda Romero

City of Houston, COUNCIL MEMBER, DISTRICT K
Larry Green

City of Houston, COUNCIL MEMBER, AT-LARGE POSITION 1
Stephen C. Costello

City of Houston, COUNCIL MEMBER, AT-LARGE POSITION 2
Kristi Thibaut

City of Houston, COUNCIL MEMBER, AT-LARGE POSITION 3
Melissa Noriega

City of Houston, COUNCIL MEMBER, AT-LARGE POSITION 4
C. O. “Brad” Bradford

City of Houston, COUNCIL MEMBER, AT-LARGE POSITION 5
Jolanda “Jo” Jones

City of Houston, CITY CONTROLLER
Ronald C. Green

Houston Community College System Board of Trustees Election

Houston Community College System, TRUSTEE, DISTRICT IV
Carroll G. Robinson

Houston Independent School District Trustee Election

Houston I.S.D., Trustee, District III
Ramiro Fonseca

Houston I.S.D., Trustee, District IV
Paula Harris

Houston I.S.D., Trustee, District VIII
Juliet Kathy Stipeche

It did not take that long for Latino political officials to address the latest Republican stunt to disenfranchise voters of the minority community. Councilmember James Rodriguez of District I and Councilmember Edward Gonzalez of District H filed suit against Harris County.

Councilmember Gonzalez stated, “The proposed map cracks communities of interests and dilutes the voting strength of Latinos in Precinct 2. Despite the fact that Latinos drove the overwhelming growth of the population since the last census and now constitute over 40% of the population in Harris County, Latinos are poised to lose the only seat on Commissioners Court where they have an opportunity to elect a representative of their choice.”

The contention at hand it seems is the aggregation of the small suburban yet heavily conservative community of Kingwood into Precinct Two (2) of the Harris County redistricting map. Gonzalez adds, “Alternate maps have been drawn by members of the community that show that it is possible to increase the population and voting strength of Latinos in Precinct 2 without adversely impacting neighboring Precincts from electing a representative of their choice.”

Kuff makes an astute observation of a previous lawsuit mentioned in the complaint. He notes, “I am greatly intrigued by the reference to the 2008 lawsuit against Harris County and then-Tax Assessor Paul Bettencourt, which alleged that thousands of voter registration forms were illegally rejected. I’m glad to see this get litigated again, because by all reports I’ve heard the underlying problems have continued.”

Kuff is referring to Page Nine (9) Line Forty-Four (44) of the complaint where it states, “On November 10, 2008, other Plaintiffs filed sued [sic] against Harris County for systematic and extensive violations of federal and state law as it relates to voter registration.”

Remember that lawsuit? Yeah, the one that was settled out of court … where Harris County claimed that they were finally getting their act together. Although the plaintiffs are not asserting that Harris County has failed to adhere to the terms of that settlement, they are alleging that the “county’s voter registration practices are designed with the purpose and/or effect to discourage Latino voters from having effective political participation.”

There are a total of four counts which allege violations of constitutional rights. At a cursory level:

Count One alleges that the “Precinct Plan violates Section 2 of the Voting Rights Act, 42 U.S.C. § 1973″ because “under the totality of the circumstances, Plaintiffs and minority voters are denied an equal opportunity to participate effectively in the political process and to elect candidates of their choice to the Commissioners’ Court.” Translation: The Harris County Precinct Plan will discriminate against Latinos because they will not be able to elect a Latino to the Commissioners’ Court.

Count Two alleges that the “Plan violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution because it intentionally discriminates against Latino persons by denying Plaintiffs and Latino voters an equal opportunity to participate in the political process, to elect candidates of their choice to the Commissioners’ Court, and to have any meaningful or significant influence in elections for Members of the Commissioners’ Court.” Translation: See Count One’s translation.

Count Three alleges that the “Plan violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution because its districts are racial gerrymanders, drawn with excessive and unjustified use of race and racial data.” Translation: The districts have been drawn to discriminate against racial minorities.

Finally, Count Four alleges that “Plan cannot be administered because it has not been precleared pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973c.” Translation: The proper federal agency has not approved of the Plan as required by the federal statute cited.

It will be interesting to see how this turns out. If the allegations are proven true then Harris County is going to get slapped with a mighty nasty fine. Read the original complaint in its entirety below.

Somewhere in America … every hour someone commits a hate crime. Every day at least eight blacks, four gays or lesbians, two jews, two whites and one Latino become hate crime victims. Every week, a cross is burned.

There are things that you can do to stop hate. The Southern Poverty Law Center (SPLC) suggests:

1  Act
Do something. In the face of hatred, apathy will be interpreted as acceptance — by the perpetrators, the public and, worse, the victims. Decent people must take action; if we don’t, hate persists.

2  Unite
Call a friend or co-worker. Organize allies from churches, schools, clubs and other civic groups. Create a diverse coalition. Include children, police and the media. Gather ideas from
everyone, and get everyone involved.

3  Support the Victims
Hate-crime victims are especially vulnerable, fearful and alone. If you’re a victim, report every
incident — in detail — and ask for help. If you learn about a hate-crime victim in your community, show support. Let victims know you care. Surround them with comfort and protection.

4  Do Your Homework
An informed campaign improves its effectiveness. Determine if a hate group is involved, and research its symbols and agenda. Understand the difference between a hate crime and a bias
incident.

5  Create an Alternative
Do not attend a hate rally. Find another outlet for anger and frustration and for people’s desire
to do something. Hold a unity rally or parade to draw media attention away from hate.

6  Speak Up
Hate must be exposed and denounced. Help news organizations achieve balance and depth. Do
not debate hate-group members in conflict-driven forums. Instead, speak up in ways that draw attention away from hate, toward unity.

7  Lobby Leaders
Elected officials and other community leaders can be important allies in the fight against hate. But some must overcome reluctance — and others, their own biases — before they’re able to
take a stand.

8  Look Long Range
Promote tolerance and address bias before another hate crime can occur. Expand your community’s comfort zones so you can learn and live together.

9  Teach Tolerance
Bias is learned early, usually at home. Schools can offer lessons of tolerance and acceptance.
Sponsor an “I Have a Dream” contest. Reach out to young people who may be susceptible to
hate-group propaganda and prejudice.

10  Dig Deeper
Look inside yourself for prejudices and stereotypes. Build your own cultural competency, then keep working to expose discrimination wherever it happens — in housing, employment,
education and more.

For more information, check out Ten Ways to Fight Hate: A Community Response Guide made available by the SPLC .

It is not that often that you read a legal instrument and chuckle to yourself. That is exactly what Judge Martin Sheehan of the First Division Kenton Circuit Court in Kentucky accomplished on July 19, 2011 after releasing an order in regards to the case of Kissel v. Schwartz & Maines & Ruby Co. which was scheduled earlier that week for trial. The Order states:

The herein matter having been scheduled for a trial by jury commencing July 13, 2011, and numerous pre-trial motions having yet to be decided and remaining under submission;

And the parties having informed the Court that the herein matter has been settled amicably (the Court uses the word amicably loosely) and that there is no need for a Court ruling on the remaining motions and also that there is no need for a trial;

And such news of an amicable settlement having made this Court happier than a tick on a fat dog because it is otherwise busier than a one legged cat in a sand box and, quite frankly, would have rather jumped naked off of a twelve foot step ladder into a five gallon bucket of porcupines than have presided over a two week trial of the herein dispute, a trial which, no doubt, would have made the jury more confused than a hungry baby in a topless bar and made the parties and their attorneys madder than mosquitoes in a mannequin factory;

IT IS THEREFORE ORDERED AND ADJUDGED by the Court as follows:

1. The jury trial scheduled herein for July 13, 2011 is hereby CANCELLED.

2. Any and all pending motions will remain under submission pending the filing of an Agreed Judgment, Agreed Entry of Dismissal, or other pleadings consistent with the parties’ settlement.

3. The copies of various correspondence submitted for in·camera review by the Defendant shall be sealed by the Clerk until further orders of the Court.

4. The Clerk shall engage the services of a structural engineer to ascertain if the return of this file to the Clerk’s office will exceed the maximum structural load of the floors of said office.

Dated this 19 day of July, 2011.

MARTIN  J. SHEEHAN
Kenton Circuit Judge

In case you are wondering if this is fake, Kenton County court records indicate that the case is a pending matter as indicated in the above screen shot. Judge Sheehan is a real person as well as evidenced by a true and correct copy of a photograph found on his website.  Judge Sheehan was a Democrat in the Kentucky House of Representatives for five years, practiced law for ten years, ran for district court and has held a judicial position since the mid-90s.

DBL Law sat down with Sheehan and discovered that “he can also express his casual flare by mixing in his love of history and culture for a little sarcastic twist, to illustrate a key point in an opinion or to politely shed light on a problem. His opinions often contain quotes from the likes of Thomas More and William Shakespeare to Bill Clinton, Delbert McClinton, Tom Waites, Pink Floyd and even Captain Jake Cutter (as played by John Wayne in the Commancheros)—“he’s just spittin out words to see where they splatter.”

Sheehan is also known for throwing out a lawyer’s libel suit against a prosecutor on the ground that it was a constitutionally protected opinion; adopting civility rules to remind lawyers of the proper decorum expected in his courtroom; and striking down an overreaching state law as unconstitutional which retroactively sought to restrict where past sex offenders could live.

If you would like to read the Order in it’s entirety, then look below. Take notice that both signatures match. Enjoy!