IT MIGHT NOT BE OVER…

2 Sep

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.

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4 Responses to “IT MIGHT NOT BE OVER…”

  1. Eric Pierce September 2, 2009 at 2:35 pm #

    If they file an injunction it would most likely still focus on the validity of the election. According to the election code on the Texas Secretary of State’s website, elections can only be contested within 30 days, after which time the results are final. It’s been (way) more than 30 days, so hopefully Workman will move on (and back to Ropesville).

  2. Brian Alley September 2, 2009 at 3:04 pm #

    so when he stated that they feel “bulldozed by the county”, is he referring to the election results? 🙂

  3. Clyde James Jr. September 2, 2009 at 3:05 pm #

    Workman is a nutcase whack job. There’s no telling what he’ll do.
    However, consider this: the protest to TABC made TABC hold up on issuing permits. They did that as an ADMINISTRATIVE AGENCY, so it took time.
    On the other hand, if Workman seeks a court injunction, it would have to have merit to be issued. The court won’t dilly-dally.
    Lubbock voted wet, and will be wet. The holy rollers can just get over it.

  4. Clyde James Jr. September 2, 2009 at 3:08 pm #

    Workman is referring to the fact that the law and attorney general’s opinions state that if a smaller jurisdiction votes wet or dry, a larger jurisdiction that includes the smaller one votes the other way, the status of the smaller jurisdiction does not change.
    There was an election in precinct 3 a few years ago – dry.
    But the question is this: the jurisdiction did not VOTE DRY, it voted down going wet. So there’s a grey area. That’s what courts are for.
    If precinct 3 were to be declared dry, it would easily vote wet – it contains voting boxes that voted between 85 and 95 percent FOR going wet. So, even though there would be a delay IN THAT PRECINCT, it’d go wet eventually.
    And Lubbock City is wet, and won’t change.

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