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August 28, 2014

HERO Opponents Try "Hail Mary" Play On Ordinance Repeal

Noah over at Texpate points us to the Houston Chronicle story on the latest effort by former Harris County GOP chairman Jared Woodfill's effort to get an immediate vote on the repeal of the Houston Equal Rights Ordinance.

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

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


Trial in that case is set for Jan. 19.

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

No good reason for mandamus here -- Woodfill and company are asking for the court to give them everything they demand now and then decide if they are entitled to anything later. That is a non-starter for me (hardly a fan of the ordinance) because it then creates the situation where the voters have cast a vote repealing the ordinance only to have that vote thrown out by the judiciary should it be determined that the repeal measure never should have been on the ballot in the first place. This is therefore nothing but a cynical effort to avoid having the case decided on its merits by mooting the case at the ballot box and leads me to question if Woodfill and company have polling data showing them that the repeal will fail any time but this November.





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