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City files response to Save Austin Now lawsuit
25 February
Late (Tuesday) the City of Austin's outside attorney filed a response to the plaintiffs' (called relators in legal terms) request for a writ of mandamus to force the City Council to amend ballot language for Proposition B.
Proposition B will be on the May 1 ballot as a result of Save Austin Now's petition drive. If voter approved, the resulting ordinance would ban: camping in a public areas, soliciting in designated areas and sitting or lying down on public sidewalks.
Read the full story at The Austin Bulldog.
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Three registered voters—Linda Durnin, Eric Krohn, and Michael Lovins—who signed the Save Austin Now petition are lead plaintiffs (called relators in legal terms) in identical lawsuits filed with both the Third Court of Appeals and the Texas Supreme Court.
The Original Emergency Petition for Writ of Mandamus filed with the Third Court of Appeals (Case No. 03-21-00075-CV) filed February 16, 2021, asks the court to issue an immediate writ of mandamus that would compel the Austin City Council to adopt the caption contained in the petition as the ballot language. Either that or adopt alternative ballot language that more accurately reflects the primary purpose of the petition.
Read the full story at The Austin Bulldog.
(Pexels)
After several winter storms and six days of subfreezing temperatures, Austin residents can expect details Friday evening about water distribution sites and "substantial improvement" in water service by Monday, although the boil water notice is likely to last into next week, city officials said during an afternoon press conference.
<p>"Obviously it is much better to have water to boil and use than to not have water at all," Austin Water Director Greg Meszaros said. </p><p>The boil water notice took effect Wednesday evening, as most Austin Water customers had no water to actually boil or very low water pressure. Despite significant progress in restoring power, more than 20,000 Austin Energy customers—or around 4%—are still experiencing outages caused by equipment damage, which will likely take days to repair, General Manager Jackie Sargent said.</p><p>Heading into the weekend, after a disastrous week, officials answered some pressing questions, including where to find safe water, whether to keep up conservation measures and how the roads are looking. </p><p><strong>1. When will water be restored?</strong></p><p>Meszaros expects most Austin Water customers currently experiencing outages will see improvements by Monday. "I anticipate through the weekend the majority of our customers will see significant improvements in regards to pressure," he said.</p><p>However, this does not mean that service will be totally back to normal. "Customers may go from no water pressure to low water pressure," he said, or see discoloration. "This can be a kind of gradual improvement of service." </p><p>Austin Water is making progress—"literally, every hour it's getting better," Meszaros said—restoring pressure to its system central zone, which feeds outlying zones, and area hospitals, which are the utility's top priority.</p><p>The boil water notice is likely to last into next week for two reasons: </p><ul class="ee-ul"><li>Austin Water first needs to restore pressure and resolve outages, which will involve manual leak repairs and time to refill its reservoirs.</li><li>There are state requirements for sampling and testing.</li></ul><p><strong>2. I don't have water (or if I do I don't have power to boil it). Where can I find safe water?</strong><br/></p><p>Residents can expect details on public water distribution sites later today as water deliveries begin to arrive in the Austin area. </p><p>Sites will likely operate from sunup to sundown and impose limits of one case of water per car, City Manager Spencer Cronk said. Their locations are being chosen for ease of public access given the current road conditions. The city is also working to coordinate water deliveries to vulnerable residents, such as the elderly and homeless. </p><p>The city ordered one million gallons of water in 16-ounce bottles from six surrounding states that are due to arrive starting Friday evening. FEMA also airlifted water from Fort Worth this afternoon. In addition to these bulk purchases, the city is also coordinating smaller deliveries intended for hospitals, shelters and warming centers. </p><p>Many local businesses are also distributing free water. A list can be found <a href="https://austonia.com/where-to-get-water" target="_self">here</a>. </p><p>Water supplies are limited. "If you are able to purchase water, we encourage you to do so," Cronk said.</p><div class="rm-embed embed-media"><blockquote class="twitter-tweet">On the ground here at the Millennium, with about 40 of my best friends and a whole lotta water and food. <a href="https://t.co/n9pTUHKW7M">pic.twitter.com/n9pTUHKW7M</a><br/>— Natasha Harper-Madison (@NatashaD1atx) <a href="https://twitter.com/NatashaD1atx/status/1362860316070088706?ref_src=twsrc%5Etfw">February 19, 2021</a></blockquote> <script async="" charset="utf-8" src="https://platform.twitter.com/widgets.js"></script></div><p><strong>3. I still don't have power. What is the holdup and when can I expect it to return?</strong><br/></p><p>As of 3:05 p.m., 20,424 Austin Energy customers are still without power. These outages are no longer due to ERCOT-mandated outages, which officials announced had ended Friday morning as supply currently outpaces demand. Instead, they are the result of weather-related equipment damage and will take "several days" to repair, Sargent said. </p><p>"Our hardest days for Austin Energy still lie ahead of us," she added.</p><p><strong>4. Should I still be conserving water and power?</strong></p><p>Yes and yes.</p><p>Water conservation measures are already having an impact as Austin Water is currently producing more water than is being used, which is helping the utility refill its reservoirs and restore pressure to its system's central zone.</p><p>Customers with water should continue to avoid taking showers, running the dishwasher or doing laundry until water service is restored citywide, Meszaros said.</p><p>Austin Energy customers with power should also continue to conserve. Although ERCOT officials are "no longer asking for energy conservation," according to a Friday morning update, Sargent asked Austinites to reduce their use. </p><p><br/></p><div class="rm-embed embed-media"><blockquote class="twitter-tweet">ERCOT operations have returned to normal, and we are no longer asking for energy conservation. Thanks for helping the grid during this very difficult time.<br/>— ERCOT (@ERCOT_ISO) <a href="https://twitter.com/ERCOT_ISO/status/1362820173078687744?ref_src=twsrc%5Etfw">February 19, 2021</a></blockquote> <script async="" charset="utf-8" src="https://platform.twitter.com/widgets.js"></script></div><p><br/></p><p>"There are still a large number of customers that have not been energized yet, so their demand is not being accounted for yet," she said. "I would ask customers, as we continue to work through this, to please continue to conserve."</p><p><strong>5. What can I expect from my utility bills?</strong></p><p>It's still too early to tell, but residents are understandably concerned about price gouging. </p><p>Screenshots circulated on Twitter Monday showing two-star hotels in Austin listing rooms <a href="https://www.vox.com/the-goods/2021/2/18/22289892/texas-hotel-booking-prices-storm" rel="noopener noreferrer" target="_blank">for nearly $1,000 a night</a>, as hundreds of residents went without power in subfreezing temperatures. On Tuesday, the Daily Beast <a href="https://www.thedailybeast.com/dollar5152-power-bill-texas-winter-storm-hell-only-gets-worse?ref=scroll" rel="noopener noreferrer" target="_blank">published a story</a> that featured Royce Pierce, a Texas contractor whose February heating bill is nearly $8,000—only three weeks in—compared to the $387.70 he paid to heat his home in January. Comstock Resources, a shale driller that operates in Texas, held an earnings call on Wednesday as natural gas prices surged. "Obviously, this week is like hitting the jackpot," President and CFO Roland Burns told investors, <a href="https://www.npr.org/sections/live-updates-winter-storms-2021/2021/02/18/969074414/jerry-jones-company-hits-jackpot-as-harsh-storms-send-natural-gas-prices-surging?utm_campaign=npr&utm_medium=social&utm_source=twitter.com&utm_term=nprnews" rel="noopener noreferrer" target="_blank">according to multiple reports</a>. </p><p>Local elected officials took notice. Travis County Judge Andy Brown issued an order Tuesday that prohibited price gouging, which is illegal during a disaster. Travis County Attorney Delia Garza's office created a resource page about price gouging to "educate the public and deter illegal activity," she said during an emergency Commissioners Court meeting on Friday. Austin Mayor Steve Adler announced a special City Council meeting on Tuesday, where members will discuss "fee waivers and other relief" measures, according to a message board post.</p><div class="rm-embed embed-media"><blockquote class="twitter-tweet">People have lost power, water, income, and can hardly pay for food. The leaders at our utilities understand this & want to get to a solution. If utility bill relief requires state and federal help to fully accomplish, we will demand it. But we need to get it done. 👇<br/>— Gregorio Casar (@GregCasar) <a href="https://twitter.com/GregCasar/status/1362857924427677701?ref_src=twsrc%5Etfw">February 19, 2021</a></blockquote> <script async="" charset="utf-8" src="https://platform.twitter.com/widgets.js"></script></div><p>Austin Water is working with the city manager to provide "a menu of options" to customers seeking financial assistance or relief after dripping faucets and burst pipes caused water usage citywide to more than double. "Certainly, Austin Water doesn't want to reap any financial benefit from this ice storm," Meszaros said.<br/></p><p>Sargent said Austin Energy does not yet have enough information to predict rate impacts. "That is information that will be forthcoming," she added.</p><p><strong>6. What has been done to ensure Austin's homeless residents have access to shelter and other services during this crisis?</strong></p><p>Around 1,500 people—a mix of homeless residents and those without power at home—slept at city shelters and warming centers as of Wednesday night, Cronk said. This figure does not include those who stayed at the Austin Disaster Relief Network's faith-based shelters. </p><p>The city's police, fire and EMS departments also sent staff to more than 45 homeless encampments to offer rides to shelters and around 550 homeless residents were contacted via a texting alert system with information about resources. </p><p>Exposure-related deaths among homeless residents have been reported in Houston and Abilene. Austin Mutual Aid and other grassroots organizations have stepped in locally, providing food deliveries and covering hotel costs. </p><div class="rm-embed embed-media"><blockquote class="instagram-media" data-instgrm-captioned="" data-instgrm-permalink="https://www.instagram.com/p/CLSVpCLl0m2/?utm_source=ig_embed&utm_campaign=loading" data-instgrm-version="13" style=" background:#FFF; border:0; border-radius:3px; box-shadow:0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width:540px; min-width:326px; padding:0; width:99.375%; width:-webkit-calc(100% - 2px); width:calc(100% - 2px);"><div style="padding:16px;"> <a href="https://www.instagram.com/p/CLSVpCLl0m2/?utm_source=ig_embed&utm_campaign=loading" style=" background:#FFFFFF; line-height:0; padding:0 0; text-align:center; text-decoration:none; width:100%;" target="_blank"> <div style=" display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #F4F4F4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"></div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style=" background-color: #F4F4F4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"></div> <div style=" background-color: #F4F4F4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"></div></div></div><div style="padding: 19% 0;"></div> <div style="display:block; height:50px; margin:0 auto 12px; width:50px;"></div><div style="padding-top: 8px;"> <div style=" color:#3897f0; font-family:Arial,sans-serif; font-size:14px; font-style:normal; font-weight:550; line-height:18px;"> View this post on Instagram</div></div><div style="padding: 12.5% 0;"></div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"><div> <div style="background-color: #F4F4F4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"></div> <div style="background-color: #F4F4F4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"></div> <div style="background-color: #F4F4F4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"></div></div><div style="margin-left: 8px;"> <div style=" background-color: #F4F4F4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"></div> <div style=" width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg)"></div></div><div style="margin-left: auto;"> <div style=" width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"></div> <div style=" background-color: #F4F4F4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"></div> <div style=" width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"></div></div></div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style=" background-color: #F4F4F4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"></div> <div style=" background-color: #F4F4F4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"></div></div></a><a href="https://www.instagram.com/p/CLSVpCLl0m2/?utm_source=ig_embed&utm_campaign=loading" style=" color:#c9c8cd; font-family:Arial,sans-serif; font-size:14px; font-style:normal; font-weight:normal; line-height:17px; text-decoration:none;" target="_blank">A post shared by 🅰🆄🆂🆃🅸🅽🅼🆄🆃🆄🅰🅻🅰🅸🅳 (@austinmutualaid)</a><br/></div></blockquote> <script async="" src="//www.instagram.com/embed.js"></script></div><p><strong>7. Is it safe to drive or walk around the city yet?</strong><br/></p><p>Things are improving.</p><p>The Austin Fire Department <a href="https://twitter.com/AustinFireInfo/status/1362562553490993153" target="_blank">reported "a sudden uptick in traffic accidents"</a> on Thursday evening as temperatures fell and roads began to ice over again, but call volume has since trended downward, according to Cronk and Austin-Travis County EMS. </p><p>City crews are still working to clear priority streets around the city. As of Friday afternoon, they had cleared more than 180 lane miles. But because of ongoing icy conditions, Public Works Director Richard Mendoza asked residents to limit travel only to necessary trips and stick to major corridors. "We do want the community to remain vigilant," he said. </p><p>Another concern is traffic lights. Most of the city's signals have been impacted by power loss, and crews are working to restore most by Monday morning, prioritizing those at major intersections. Residents who encounter a dead signal should treat it as a four-way stop, Mendoza said. </p>
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(Jordan Vonderhaar)
Nathan Ryan is the CEO of Austin-based consulting firm Blue Sky Partners, and a commissioner on Austin's Economic Prosperity Commission. As a commissioner, he contributes to strategy related to job creation and construction in the city. Views are his alone and do not reflect the views of Austonia.
Austin is in the middle of a years-long debate about homelessness. Right now, some are arguing that we should go back to the ban we had in place in early 2019 that made camping, sitting, lying and panhandling punishable by fine or jail. That response greatly oversimplifies the challenge we're dealing with.
<p>Austin doesn't need a ban, it needs a plan.</p><p>Homelessness is at least four crises in one: </p><ul class="ee-ul"><li>An economic crisis</li><li>A housing crisis</li><li>A mental health and/or substance abuse crisis</li><li>And a racial equity crisis</li></ul><p>If we're going to meaningfully reduce homelessness, we need to acknowledge that it's not going to be as simple as reinstating a ban. We also deserve to know where we are in this process, which is why we're going to have to demand that Austin City Council put together a comprehensive plan with benchmarks and a timeline so progress can be reported on frequently.</p><p>That being said, I have some ideas.</p><p><strong>Financial Security: </strong>According to a Federal Reserve report from 2018, nearly 40% of Americans wouldn't be able to cover a surprise $400 bill. Layoffs due to the COVID-19 pandemic have certainly made the economic situation more dire for many Americans and has likely pushed many to the brink of homelessness. To address this, Austin City Council should make direct cash assistance programs like 2020's Relief in a State of Emergency (RISE) Fund permanent. We should also look at how we can expand economic assistance related to utility bills through Austin Energy and Austin Water.</p><p><strong>Housing: </strong>Austin is an incredible city, which is why more than 160 new people move here per day. In just the last year, the average cost of a home in Austin has gone up 14%, to $448,406. The reason housing prices are going up so drastically is simple: we don't have enough housing supply to meet demand. Because Texas is a property tax-based state, rising property values make it more likely that people will be pushed out of their homes—and the lack of supply means it's harder to house individuals experiencing homelessness. That's why Austin City Council should continue to invest in Permanent Supportive Housing like hotels and consider creating city-sanctioned encampments with wraparound support services. But on housing, the single most important thing Council could do is to finish the job they started with CodeNEXT to upzone Austin and allow all types of housing to be built all over the city. Upzoning Austin will allow our supply to keep up with demand.</p><p><strong>Mental Health:</strong> According to Johns Hopkins, an estimated 26% of Americans over the age of 18 suffer from a diagnosable mental disorder. Depression and anxiety are most common, but things like bipolar disorder and schizophrenia are relatively common, too. Substance abuse often coexists alongside mental health issues, and both are exacerbated by economic stress, anxiety, and homelessness. Just last week, Austin announced that its 911 call script now includes mental health as a requested emergency service. That's an important start. But any plan to address homelessness needs to include more consistent access to mental health care and better case management as well. One big step Austin could take is to help each of Austin's many homeless service organizations develop a coordinated database so it's clear where the service gaps are so they can be met. We have too much data in too many different places.</p><p><strong>Racial Equity:</strong> Lastly, Austin has a history of segregation and systemic racism that continues to rear its ugly head. This is true when it comes to homelessness, too: in Austin, even though Black Austinites represent 7.6% percent of our population, they represent more than one-third of our homeless population. As regards criminal justice, Black and brown Austinites are more likely to be stopped, searched and cited by law enforcement than white/Caucasian residents like me.</p><p>These crises compound—it's far too easy to see how one can lead to the other, or one slip up could cause someone to become unhoused. I can understand and empathize with public safety concerns on this issue. Everybody should feel safe and <em>everybody should be safe</em> in Austin, Texas.</p><p>But this is why it's so important that we don't simply knee-jerk react our way back to a policy that criminalizes homelessness.</p><p>Austin needs a comprehensive plan to address the economic, housing, mental health and racial equity crises that undergird this Gordian knot of a challenge. Putting that plan together is going to require City Council to make some unpopular decisions. It's also going to require that we, as residents of Austin, continue to be the compassionate and helpful people I know we are.</p><p>Austin City Council did not create this problem, but they hold the keys to fix it.</p><p><br/></p><p><strong>Read another opinion column: </strong></p>
<h2><a href="https://austonia.com/response-to-alder-article" target="_self">'Miss me with that': Austinite responds to California man's scathing review of the city</a></h2>
<img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNTU5ODcyMy9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYyODc3MTgyMn0.cJpMnP9YQz3oe3JooV9K_bUQo4KA_3xJnUwT3bNilW8/img.jpg?width=980" id="cb822" class="rm-shortcode" data-rm-shortcode-id="daf60cf1eec4cc796127e88a7bd58eef" data-rm-shortcode-name="rebelmouse-image" />Another national op-ed discourages moving to Austin
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