IT MIGHT NOT BE OVER…

The TABC threw out the protests today regarding alcohol sales in Lubbock County. Here’s what part of the press release said,

Administrator Alan Steen stated that “The Legislature’s intent was for
local communities to determine wet/dry status. It was not their intent
to have this state agency second-guess or overturn the wet/dry
determination of the city or county officials.” Furthermore, he said,
“It is also my opinion that the people of Lubbock have ample opportunity
to dispute the local legal decisions within their own local court
systems. The protestants have the ability to file an injunction to stop
TABC from issuing permits until a court rules on the case.”

Any protests filed in Texas based solely on incorrect wet/dry
certification will be dismissed. The agency’s protest policy will be
revised to reflect this decision so that future protests may be
dismissed in a timely manner.

Sounds like great news right? Well don’t pop the cork just yet. As I’ve said on the show many times, there are still other legal routes people like Don Workman can use. If they wanted to (and do we really think they don’t want to?) the anti-alcohol protesters COULD file injunctions against the TABC in a local district court to block alcohol permits. Here’s what Don Workman told the AJ:

Protesters could now seek an injunction in a local district court against the commission to block new alcohol permits. Workman did not know Wednesday afternoon how the protesters would proceed.
“They feel that they have kind of been bulldozed over by the county,” Workman said. “I don’t know, I expect they’re kind of in the same shoes that I am in. You’ve got to get over the shock and then you make decisions.”

What will Don Workman and his people do? We will see, but don’t be suprised to see this issue back in the courts because of him.

TABC THROWS OUT PROTESTS…WILL ISSUE LICENSES WITHIN DAYS.

From the TABC:

FOR IMMEDIATE RELEASE September 2, 2009

The Texas Alcoholic Beverage Commission (TABC) has received several
protests regarding applications for new licenses and permits in Lubbock
County since a local option election was held on May 9, 2009. The basis
for these protests is the allegation that the applications were
incorrectly certified as being wet for the sale of alcoholic beverages.

By policy and law, before TABC processes a license or permit
application, the city and county must certify the application as being
at a location that is wet for that type of permit. TABC issues licenses
and permits based on the wet-dry certification from the city and county.
TABC’s role is not to determine whether a location is wet or dry.

Previously, the agency has said that any disagreement with the city or
county’s wet-dry certification would be settled through a protest
hearing process during which the TABC Administrator has final
decision-making authority.

However, upon further review of the agency policy and the protests
themselves, TABC Administrator Alan Steen has determined that using the
protest process to determine local wet/dry status is beyond the agency’s
authority.

Administrator Alan Steen stated that “The Legislature’s intent was for
local communities to determine wet/dry status. It was not their intent
to have this state agency second-guess or overturn the wet/dry
determination of the city or county officials.” Furthermore, he said,
“It is also my opinion that the people of Lubbock have ample opportunity
to dispute the local legal decisions within their own local court
systems. The protestants have the ability to file an injunction to stop
TABC from issuing permits until a court rules on the case.”

Any protests filed in Texas based solely on incorrect wet/dry
certification will be dismissed. The agency’s protest policy will be
revised to reflect this decision so that future protests may be
dismissed in a timely manner.

TABC expects to begin issuing licenses and permits within days for
authorized applicants and locations.

TABC ISSUES STATEMENT, MAJOR DELAY IN ALCOHOL SALES

FROM THE TABC:

FOR IMMEDIATE RELEASE   August 20, 2009

Citizen Protests Delay Processing of TABC Permit Applications in Lubbock County

A countywide local option election was held in Lubbock County on May 9, 2009, legalizing the sale of:
-Alcoholic beverages for off-premises consumption (e.g., beer, wine and spirits in grocery stores, convenience stores and liquor stores)
-Alcoholic beverages for on-premises consumption in a restaurant that holds a food and beverage certification (e.g., beer, wine and spirits in restaurants)

Following the election, because of zoning issues, a temporary restraining order in the City of Lubbock prevented any permits from being issued within the city limits for several months. That restraining order was lifted on August 10, 2009.

However, delays will continue for businesses in Lubbock County. TABC has received three general protests, as well as several specific protests, regarding applications for new licenses and permits for locations in the county.

The basis for these protests is this: There is some disagreement among the citizens of Lubbock County (including within the City of Lubbock) over how to interpret a law that says that the wet/dry status resulting from a city or Justice of the Peace (JP) precinct election prevails against the status resulting from a countywide election. See Section 251.73 of the Alcoholic Beverage Code below.

Both sides of the disagreement have a legitimate claim, and it is a disagreement that will be settled in a court of law by a judge. TABC will take a neutral stance throughout the process.

Any application in the county for permit types that were not already legal prior to the May election could be subject to a protest hearing which will delay, or possibly stop, the issuance of the permit.

Protest hearings will be held in the City of Lubbock, either before the Lubbock County Judge or before the State Office of Administrative Hearings (SOAH), depending on the type of license or permit involved.

“We recognize the sense of urgency on the part of the business owners and the community when it comes to having this issue settled, and we will move forward as quickly as possible.” said Public Information Officer Carolyn Beck. “Although the ballot measures passed with an overwhelming majority, TABC cannot issue permits without following the law.”

Because of the complexity of the issues, it could be several weeks before a hearing is scheduled. Because of full court dockets, it could be several months before any hearings take place.

“People on both sides of the issue feel very strongly,” continued Beck, “and both the protestants and the applicants will be given the opportunity to be heard by a judge. Our agency is committed to facilitating a fair and transparent process and keeping the citizens of the county informed as it moves forward. Unfortunately, it is unlikely that the issue will be resolved quickly.”

Following the May 9th election, prior to protests being filed, several permits had already been issued in Lubbock County that were new permit types for the communities: Goble Supply Auto & AG Supply in Abernathy (wine and beer off-premises); Rick’s Place – Liquor in Wolfforth (package store and beer off-premises); Kwik Stop in Wolfforth (package store and beer off-premises); Cagle Steaks outside Lubbock city limits (mixed beverage in a restaurant). If a judge rules that these areas are dry, it is unclear at this time what will happen to these permits. However, TABC does not have the legal authority to cancel a permit without the permit holder being given an opportunity to be heard before a judge.

Contact:   Carolyn Beck, Public Information Officer, 512-206-3347

Additional Information

Wet-Dry Certification
Before TABC processes a license or permit application, the city and county must certify the application as being at a location that is wet for that type of permit. TABC issues licenses and permits based on the wet-dry certification from the city and county. TABC’s role is not to determine whether a location is wet or dry. Any disagreement with the city or county’s wet-dry certification will be settled through a hearing process.

Relevant Excerpt from the Alcoholic Beverage Code
Sec. 251.73. Prevailing Status: Resolution of Conflicts. To insure that each voter has the maximum possible control over the status of the sale of alcoholic beverages in the area where he resides:
(1) the status that resulted from or is the result of a duly called election for an incorporated city or town prevails against the status that resulted from or is the result of a duly called election in a justice precinct or county in which the incorporated city or town, or any part of it is contained; and
(2) the status that resulted or is the result of a duly called election for a justice precinct prevails against the status that resulted from or is the result of a duly called election in an incorporated city or town in which the justice precinct is wholly contained or in a county in which the justice precinct is located.

What is a Protest?
The Texas Alcoholic Beverage Code provides opportunities for citizens and government officials to object to the issuance of a license or permit. The agency calls this process a protest.

Most of the grounds for refusal or denial of a license or a permit can be determined by TABC as part of the application process. If legal grounds exist and are found during that process, the applicant may be disqualified.

Some grounds exist for refusal or denial that are subject to interpretation on the basis of the facts involved.

What Role Does TABC Play?
It is the policy of TABC to provide every interested person, including TABC employees, government officials and citizens of Texas, a full and fair opportunity to object to the issuance of an alcoholic beverage license or permit based upon legal grounds established under the Texas Alcoholic Beverage Code or other law.

In service to this policy, TABC establishes a process by which protests to license and permit applications may be resolved in an efficient, timely, and consistent manner, giving due regard to the legal rights and interests of the agency, industry, other government units, and the public.

TABC’s job is not to take sides but to ensure that applicants meet all qualifications to obtain the license or permit as outlined in the Alcoholic Beverage Code.

Protest Hearings
In this case, protest hearings will be held in Lubbock County. The protesting party will be notified at least 10 days in advance of the time and place of the hearing. The hearing will be held according to the rules of the Texas Administrative Procedures Act, (V.T.C.A., Government Code, §2001 et seq.).

For a liquor permit, a judge designated by the State Office of Administrative Hearings (SOAH) will inform all parties of the time, date, and location for the hearing. The judge will handle all pre-trial matters, make rulings as necessary and conduct the final hearing on its own merits.

For a beer or beer/wine license, the county judge, acting as an administrative law judge, will hold the hearing in the same manner as for permits.

In this case, because TABC will be a neutral party to the protests, both sides will have the opportunity to present evidence to the judge – the protestants and the applicants. A hearing on a single applicant is not likely to last more than a day.

The judge will have up to 60 days to file a ruling (proposal for decision), and then each side will have up to 15 days to file objections, and then another 15 days to respond to the opposing side’s objections. TABC Administrator Alan Steen makes the final decision, typically signing an order that concurs with the judge’s proposal for decision. Both sides are given 20 days to request a rehearing. If the application is denied and a request for rehearing is denied, the applicant may appeal to district court. If the application is approved and a request for rehearing is denied, there is no opportunity for the protestant to appeal.

DON WORKMAN DOESN’T WANT YOU TO BUY ALCOHOL

I will start off by saying I’ve never met Don Workman. I’m sure he’s a nice man who is deeply devoted to God and his Church. I’m sure he means well and only wants the best for his City, State, and Country.

That being said…

He’s trying to rob you of your vote Lubbock. Today I recieved the protest forms from the TABC office in Austin, and Don Workman along with Lauran Collins (both of Lubbock, though Workman used to live in Hockley County) are the 2 people in Lubbock protesting the election.

By the way Don Workman is a liar since he told KCBD that he was doing research for the parties. Turns out he was one of those parties.

Collins is using an ad from a 1950’s era AJ calling for people to vote against intoxicating beverages as her reasoning. Here is part of her statement:

Lubbock a local option election was believed held on August 6, 1950. Complainant has a copy of a petition printed in the Lubbock Avalanche Journal listing citizens requesting a “vote against the sale of all intoxicating beverages Saturday August 6.” The clipping did not have a year nor indicate if it was a county-wide or city of Lubbock option. Thus option was believed to have been held in the early 50’s. This should be of public record but complainant has not obtained the details as of this date.

Nothing solid there. From what I hear the TABC should have on record every election dealing with alcohol on record.

**UPDATE** The Collins protest was prepared by the same attorney that represents the Lubbock Area Baptist Association (LABA). His name, Craig Brummett.

There are also protests from people in Abernathy, Slaton, and New Deal. We will get to those on the show tomorrow.

More on this later and on the show.

LABA ISN’T DONE YET

This morning on LFN we spoke with John Hatch of Texas Petition Strategies (podcast) regarding a possible new delay in issueing permits for businesses to sell alcohol in Lubbock. Apparently LABA (Lubbock Area Baptist Association) and a man named Don Workman are working to prevent everything from moving forward. 2 protests have been filed with the TABC challenging the election, and we should know today whether the TABC will hear the protest or not.

It’s time for Workman and LABA to get out of the way and recognize the will of the people. The people in Lubbock County and the City of Lubbock spoke on this issue and the vote wasn’t even close. This is the work of desperate men (and women for you P.C. people) who are trying to cling to a power they once had in Lubbock. Now, they can use the legal system all they want. I don’t want their rights taken away. However, they must look at the future. By continuing this fight all they are doing is bringing a bad name to themselves and to LABA. Even if there was a re-vote in Lubbock, it would be a crushing defeat for LABA. Why not focus on other issues facing Lubbock?

Workman and LABA are no better than the liberals trying to force Healthcare down our throats. Just like the Democrats, they aren’t listening to you, the people. They are trying to force their ideals on the whole city.

The people have spoken. You may not agree with the results, you may not like the results, but it’s time to move on. The longer this goes on, the worse LABA, Workman, and others will look.

To hear this morning’s interview with John Hatch click HERE.

CITY OF LUBBOCK NAMES JUDGE SAM MEDINA CITY ATTORNEY

From the City of Lubbock:

Council Hires City Attorney

The Lubbock City Council has named Judge Sam Medina as Lubbock’s City Attorney, effective October 1.  Judge Sam Medina currently serves as the 237th State Judicial District Court Judge.

Medina was raised in Crosbyton, graduated from Texas Tech Law School, was in private practice from 1976 to 1995, and was the first Hispanic to be elected to a county-wide position in Lubbock County when, in 1995, he became judge of the County Court at Law No. 1.  Judge Medina has served as the 237th State Judicial District Court Judge since 1999.

Mayor Tom Martin says, “We are proud to have the judge with us here at the City.  His integrity, demeanor, and experience are a great asset to City staff, the City Council, the Mayor, and the community as a whole.”

LPD INCIDENT REPORT ON PAUL BEANE, JILL KERNS, & GERALD DOLTER

I just got my hands on the LPD Incident Report regarding what really happened on July 18 between Paul Beane and those at the Moonlight Musicals and oh boy it shows a much different story than the email that’s been floating around.

According to Officer John Gomez, Paul Beane was worried about a storm that was approaching with lightning because his granddaughter was on stage. Mr. Dolter had stopped the show but wanted some of the cast and crew to clear the equipment from the stage. Beane approached Dolter and expressed his concern about his granddaughter’s safety, then walked away to wait for her. Dolte made the decision to get the crew off the stage then went over to Beane to apologize. Mr. Beane then told Dolter that is actions were irresponsible and walked away. Jill Kerns, from the top of the stage told Beane that she wanted him to leave the area. Beane replied, “shut up, I’m not going anywhere without my granddaughter.” Another unknown female standing next to Kerns also asked Beane to leave and he told her to “shut up.” Officer John Gomez told all involved to calm down, and that’s when Beane’s granddaughter came out and they left.

According to Officer Gomez, Paul Beane DID NOT use profanity during the incident. Officer Gomez was within 15 feet of Paul Beane during the entire incident. He also did not observe any criminal violations during the incident.

The above is a nutshell version of the incident report which we will discuss on Thursday’s LFN on KFYO.

As I’ve mentioned in previous blog entries this is why I didn’t bring this RUMOR up on my show. Unlike my competitors in the morning, I know what sources are. You can’t run with a story just because a caller says something is true or because you read it on the internet or via email. The email that was being sent around wasn’t even signed by anyone. Now, I don’t blame Jim Douglass for running with the rumor as if it were fact. He has no idea what he’s doing. Being in the media isn’t his first or only job. Jim doesn’t understand that you should get facts and sources before slamming a City Councilman. I do, but then again I do this for real, not for play time to talk about Texas Tech Alumni events. It’s called integrity. Some shows/people have it, some don’t.

However, Jeff Klotzman is a different story. How could a veteran newsman just sit by and let his co-host proceed presenting a rumor as a factual story? Sorry Jeff, you should have known better and you should have told your co-host to stop talking about it. Jeff Klotzman is on the Board of Directors of the Moonlight Musicals and should have known what really happened.

If anyone involved with the Moonlight Musicals was involved with writing or sending this email and starting this rumor, they should resign from the Moonlight Musicals Board immediately. That includes Jill Kerns and Jeff Klotzman. Again, IF they were involved or concealed the truth. Or in the case of Jeff, knowing the truth but allowing his co-host to spread lies.

But maybe I’m wrong. Maybe those spreading the rumors would like to call Officer John Gomez a liar and accuse him of filing a false report. If they are going to call Officer Gomez a liar, then it’s time to speak up.

More on this on Thursday’s Lubbock’s First News on 790 KFYO.

BALLOON ORDINANCE PASSED BY THE LUBBOCK CITY COUNCIL

Again, having solved all major issues facing the City of Lubbock, the council passed the idiotic Balloon Ordinance by a vote of 4-3. So who voted for it? Mayor Tom Martin, Councilman Paul Beane, Councilman John Leonard, and Council Todd Klein. Here was the proposed ordinance:

Sec. 23-34. Intentional Balloon Releases.

(a) No person shall intentionally release or cause to be released outdoors:

(1) any balloon made of a non-biodegradable material filled with a lighter than air gas;

(2) any balloon made of an electrically conductive material filled with a lighter than air gas; or

(3) more than 30* balloons made of a biodegradable material filled with a lighter than air gas at one time. **Klein amended from 10 to 30**

(b) Biodegradable balloons that are attached to any non-biodegradable material or electrically conductive material shall not intentionally be released outdoors.

(c) It shall be an exception to this section that balloons are released by a governmental agency for a governmental purpose.

So the 3 conservatives on the council, which they are proud to call themselves, just voted to increase government. Nice. They wasted time on an issue that even the Mayor said comes up about twice a year. I wonder when this council will get around to banning plastic bags from stores? There are many more bags flying around Lubbock. Who’s going to enforce this ordinance anyway? The city can’t even patrol the water ordinances and we expect the Police, who are understaffed, to deal with balloons?

Here’s a quote from the AJOnline and Floyd Price, “Balloons was today. What’s next?” Councilman Floyd Price asked later. “I think it’s time for government to back off and look at serious issues.”

So Floyd Price, who isn’t the most conservative, understands that government needs to back off, yet Martin, Beane, and Leonard don’t. Amazing.

Thanks for dealing with the real issues facing Lubbock council members! Pathetic. Oh, and about being mocked over this vote guys… you deserve it.

More on this later and on LFN tomorrow.

ALBERTO GONZALES, FORMER U.S. ATTORNEY GENERAL TO TEACH AT TEXAS TECH

From the Austin-American Statesman: (link)

Alberto Gonzales, former U.S. attorney general, expected to teach at Texas Tech University
By W. Gardner Selby | Tuesday, July 7, 2009, 01:27 PM
Alberto Gonzales, who resigned as the Bush administration’s embattled attorney general nearly two years ago, has lined up a fall-semester teaching spot at Texas Tech University, the university confirmed today.

Gonzales, who was Gov. George W. Bush’s lawyer and Texas secretary of state before joining Bush in Washington, will be working in the university’s political science department, teaching a “special topics” course on contemporary issues in the executive branch, according to Dora Rodriguez, a senior business assistant in the department.

I’m trying to reach Gonzales as well.

He recently told The Houston Chronicle that he wanted to re-settle in Houston or Austin and work on a book recapping his ups and downs by Bush’s side. “You serve and you move on,” he’s quoted saying here.

He also disputed reports he was having a hard time finding work, saying he’s working as a consultant, giving speeches and doing arbitration work as a lawyer. He said then that his dream job would be baseball commissioner.

UPDATE: NEUGEBAUER NOT SURE IF OBAMA IS A U.S. CITIZEN

During an interview with U.S. Congressman Randy Neugebauer on Lubbock’s First News with Chad Hasty, Neugebauer said that he was not sure if President Barack Obama was a U.S. citizen because he had not seen evidence one way or the other.

To hear the full exchange click the audio link.  AUDIO