Dateline Houston

There’s always womb for Rick Perry.

On Tuesday, he alighted at The Source For Women, a crisis pregnancy center in Houston whose opening ribbon he cut in September, to announce his support for prospective legislation called Bean the “Preborn Pain Act,” aka a fetal pain bill. (The name comes from the belief, popular among opponents of abortion access, that 20-week-old fetuses can feel pain. A 2005 research review by the Journal of the American Medical Association says that isn’t true.) The bill would ban abortions after 20 weeks even for victims of rape or incest, although, magnanimously, would allow the procedure save a woman’s life.

But only about one half of one percent of abortions in Texas take place after 20 weeks. And according to NARAL Pro-Choice Texas, most of those few are medical emergencies, so the new rule wouldn’t apply to them.

That doesn’t mean the “fetal pain” bill won’t make abortions harder to get.

Part of the proposed bill, lightly touched on in Perry’s presentation, is a requirement that abortion clinics conform to “surgical operating” room standards. Because the bill itself is preborn, it’s hard to say what exactly that will mean, but Heather Busby, Executive Director of NARAL Pro-Choice TX, has a guess.

“Back in 2004,” Busby says, “the Legislature passed a bill that required any abortion after 16 weeks to be performed in an ambulatory surgical center (ASC). It sounds like what they’re referring to is making all clinics ASCs.”

An ASC has structural requirements like hallways wide enough for stretchers. “There was no medical reason for those requirements,” Busby said. “It was just a way to make clinics have to rebuild or remodel or move.“

In 2004, no Texas clinics met those standards. Now the only ASCs are in Austin, Houston, San Antonio and Dallas, and their costs of service are up to three times what they were before remodeling. “The effect is felt directly by the women,” Busby says.

If the “Preborn Pain Act” passes and all abortion clinics must be ASCs, “clinics are going to close and abortion costs will be higher.”

Sounds good to Perry. His goal, he told The Source for Women, “is to make abortion, at any stage, a thing of the past.”

Screen grab of Joshua Gravens' Texas Department of Public Safety record.
Screen grab of Joshua Gravens' Texas Department of Public Safety record.

The Texas Observer’s June cover story, “Life On the List,” looked at what happens when children are placed on Texas’ public sex offender registry. It centered on Josh Gravens, who at age 12 had sexual contact with his sister, was handed over to the Texas Youth Commission for more than three years, and has been listed in the public registry ever since.

Before agreeing to be interviewed for by the Observer, Gravens had never discussed his ordeal with anyone who didn’t strictly need to know. Gravens had never been an activist. He had struggled privately, moved from place to place, job to job. Each time he started to build a life, he’d be fired, threatened, or evicted after a couple of years when something called attention to his presence on the registry.

As of November 15, though, the 25-year-old married father of four is, for the first time since he was 13, not on the list.

Years ago, a clerk told Gravens that he couldn’t petition for removal because the judge who sentenced him had died. It turns out that wasn’t true. The Observer found the judge during reporting and let Gravens know how to contact him. After “Life On the List” came out, Gravens sent the judge a copy of the story, along with a request for a copy of his court records (he had been told they were sealed) so that he could petition for the removal of one erroneously listed charge.

Shocked and moved by the effect the registry had had on Josh’s life, the judge instead considered Gravens’ letter a petition to be listed privately and arranged a court date for him.

As Gravens wrote in a letter to me:

“On November 1, I appeared before the original judge in my juvenile case. I sat in the witness stand and made a case for how the public registry has time and again brought an end to my successes. It was a very informal setting. The judge did not wear his robes, the district attorney was present, and they both asked me questions about my advocacy, employment, and most of all family… As the hearing proceeded, both the judge and the DA had their [copy of state] statutes out to make sure of exactly how the law worked. The removal of juveniles from the public registry had been a law on the books for ten years, but the judge in this case (who’s served 20+ years) and the district attorney, neither had ever used this law. This speaks volumes to how rare it is that someone is removed from the registry. Officials are very good at placing people on the sex offender registry, but when it comes to removal, they have no idea how.”

Gravens’ records will still be available to law enforcement officers, but not to the public.

Gravens has also applied for a George Soros Justice Fellowship to educate policymakers about the effects of listing children on the public sex offender registry. This very afternoon, he learned he is a finalist for the fellowship. He’ll be flown to New York for an interview next month. “I’m so excited,” he said. “I’ve never been there.”

He added, “This is a direct result of the article.”

Along with the joyful news, Gravens sent the screen shot you see above.

Now, he begins life off the list.

The Houston Chronicle reported today that the U.S. Justice Department is investigating six relatively recent cases of shootings or alleged use of force violations against unarmed citizens by the Houston Police Department.

HPD Chief Charles McClelland asked the Justice Department to investigate three of the cases, and federal prosecutors requested investigation of three others, citing widespread outrage and publicity.

Dateline Houston readers will, I’m sorry to say, be familiar with most of the cases (click the hyperlinks for our previous coverage):

1. Chad Holley, an unarmed teenage burglary suspect beaten by a nearly dozen police officers

2. Annika Lewis, the wife of a man being beaten by police in his yard after a minor traffic infraction. Annika, who is less than five feet tall, was allegedly tackled and punched after she filmed police beating her unarmed husband. She says they also took the memory card from her phone

3. Rufino Lara, who was shot unarmed after allegedly refusing to show his hands, though witnesses say he had his hands up

4. Brian Claunch, a double amputee who was shot unarmed after police thought his ballpoint pen was a weapon

5. Anthony Childress, who says he was stopped by police and beaten while riding his bike, losing six teeth and requiring 56 stitches

6. A minor in handcuffs, unnamed, who was punched by an officer, an assault caught on new cameras.

Dateline Houston has also reported on several other incidents.

In a statement, the ACLU of Texas Legal & Policy Director Rebecca Robertson said, “Good cops don’t fear accountability; they welcome it.”

Tonight, the Texas Observer’s own Melissa del Bosque will moderate a free public forum in Houston called “The True Cost of Environmental Justice.”

At issue is Texas’ longstanding pro-business approach to regulation—which is to say, not having it—and whether the jobs created by oil and chemical refineries are worth the local health and environmental costs.

While Houston has weathered the recession better than practically anyplace, a major reason is that Harris and its surrounding counties are home to more than 260 oil refineries, chemical plants, and other large industrial facilities, according to a recent count by the Houston Chronicle. Houstonians have a special interest in the balance between a strong economy and a safe, healthy home.

Ms. del Bosque and Observer multimedia editor Jen Reel know all about this. They produced our November cover story, “Kochworld,” which documented the pollution plaguing communities abutting Koch Industries-owned refineries in Corpus Christi. After spending months interviewing sick residents, Reel and del Bosque turned out a feature so good that the Koch bros put out their Benjamin-wrapped cigars long enough to fire off a rebuttal on their Myspace page corporate website kochfacts.com.

State Sen. Rodney Ellis will join del Bosque for tonight’s discussion, along with Matthew Tejada of Air Alliance Houston, Bryan Parras of T. E. J. A. S., and Dr. Jay Olaguer of the Houston Advanced Research Center. Jen Reel will provide a video introduction.

The place is Rice University, the McMurtry Auditorium in Duncan Hall. The time is 7 p.m. I’ll see you there.

A sign that says "vote" in many languages

On Fox yesterday, GOP strategist Karl Rove claimed that Obama won re-election by “suppressing the vote” His evidence? Obama captured a smaller percentage of votes than he did in 2008. Obama’s method? Making people dislike Mitt Romney.

“Suppressing the vote” just doesn’t mean what it used to.

Houston knows how to (allegedly) suppress a vote. Its suburbs spawned True the Vote, the poll-watching tea partiers who tend to target minority districts for their scrutiny. And this fall, Houstonians made up a huge proportion of Texas’s not-actually-dead voters who were slated to have their registrations cancelled, more of whom were in minority than Anglo districts.

But in the end, it was all sound and fury, signifying nothing. Public outcry paused the zombie voter purge, and the Houston Chronicle minced no words with Tuesday’s headline, “True the Vote’s impact said to be negligible.”

TTV founder Catherine Engelbrecht says they received hundreds of complaints and that it takes time to sort and submit them to election officials, so the group’s real results are yet to come. (Their 2010 efforts yielded only a few investigations and no criminal action.) So TTV may or may not have sniffed out fraud. But it doesn’t seem to have suppressed the vote either. Several civil rights groups under an umbrella organization, the Election Protection Coalition, say that while they got around 70,000 complaints of their own about election troubles, very few were about True the Vote.

There was, however, one showdown. A True the Vote-trained poll watcher says the NAACP took over and “basically ran” the Harris County Precinct 139 location. Allegedly, the nefarious NAACP handed out bottled water to voters in long lines and selected people (the NAACP says they were elderly and/or disabled) to go to the front of the line, “stirring up the crowd” to vote for Obama.

Someone better tell Karl Rove.