Posted on 08/19/2003 5:24:08 PM PDT by Libloather
Absentees threaten retaliation
May file suit over loss of privileges
By RACHEL GRAVES
Aug. 19, 2003, 9:43AM
ALBUQUERQUE, N.M. -- Texas' Democratic state senators are threatening criminal and civil action against the governor and other Republicans if their parking spaces, cellular phones and mail service are not restored today.
Republican senators have stripped these privileges and others from the offices of 11 Democratic senators in an attempt to force them back to the Capitol from Albuquerque, where they fled three weeks ago to block GOP-backed congressional redistricting.
All but one of the chamber's 12 Democrats are in Albuquerque.
The Democrats say their constituents are being harmed by the sanctions, and they have no choice but to fight back.
"We're not threatening, we're promising," said Democratic Sen. Royce West of Dallas. "We can't sit idly by."
David Beckwith, a spokesman for Lt. Gov. David Dewhurst, who presides over the Senate, said he welcomed the next legal action.
"The claims are ridiculous," he said. "We would welcome an early judicial determination on their merit."
Gov. Rick Perry said the sanctions were Senate business.
"The Senate has always been an institution where the members along with the lieutenant governor make the decisions. It should stay that way," Perry said.
"This issue is about 11 members who decided to leave town and not do their jobs," the governor said. "By doing so, the work of the state of Texas has ground to a halt."
The Democrats gave the Senate until 3 p.m. today to lift the sanctions.
Otherwise they threatened to take action under sections of the state Penal Code dealing with abuse of official capacity and official oppression, crimes that for some violations carry felony penalties including prison time.
The senators declined to say how they would present criminal complaints to a prosecutor or grand jury.
The Democrats, who claim the congressional redistricting effort and Senate action violate voting rights of ethnic minorities, also threatened civil court action under a state law that prohibits discrimination on the basis of race, religion, color, sex or national origin. That law allows the injured party to obtain an injunction. It also provides misdemeanor penalties punishable by a fine up to $1,000 and a year in jail.
The rhetoric in the interstate debate intensified Monday, as Democrats accused Republicans of telling blacks and Hispanics in Texas to "move to the back of the bus."
The sanctions, they said, set up a "class system" based on race.
"Under the sanctions, Texans who live in Anglo districts represented by Republicans get more and better services and resources than those who live in minority districts," said Sen. Leticia Van de Putte of San Antonio, the chairwoman of the Senate Democratic Caucus and a Hispanic.
Beckwith declined to comment on the racial allegations. Last week he apologized for sarcastically linking the Democrats to civil rights pioneer Rosa Parks, a black woman who refused in 1955 to give up her seat at the front of an Alabama bus.
Beckwith had said the Democrats thought they were "Rosa Parks II."
Perry, Dewhurst and all the Senate Republicans are Anglo. Nine of the 11 Democrats in Albuquerque are black or Hispanic, and the other two are Anglos whose districts are largely black or Hispanic.
The Democrats contend that race is at the heart of the redistricting issue. Republicans note, however, that the U.S. representatives who likely would lose their seats under redistricting proposals are Anglos.
The state's delegation to the U.S. House now comprises 17 Democrats and 15 Republicans. U.S. House Majority Leader Tom DeLay, R-Sugar Land, and others pushing redistricting say the delegation does not fairly represent the state's Republican voting trends.
Democrats say 20 existing districts already have Republican voting histories, but that voters in five of those districts chose to re-elect Democratic congressmen last year.
The redistricting fight began during the regular legislative session earlier this year, drawing international attention when more than 50 Democratic state representatives fled to Ardmore, Okla., for several days to deprive the House of its quorum and kill a redistricting bill.
Perry has since called two special sessions and has said he will keep calling them until the Republican-controlled Legislature passes the redistricting measures that so far have been thwarted by the Democratic minority.
Senators left the state July 28 when Dewhurst withdrew a Senate rule requiring two-thirds of the Senate to agree to bring a bill up for debate. Under that rule, the Democrats had enough votes to block redistricting. Without it, they fled the Capitol to break quorum.
They have filed a federal lawsuit asking that the rule be reinstated by the courts.
The boycotting Democrats crossed state lines to avoid being arrested by state law enforcement agents and forced back to the Capitol.
Last week, Republican senators present at the Capitol voted to fine the runaways for each day of their absence, and then instituted additional sanctions to enforce the fines.
The 11 senators' staffs said Monday that the sanctions so far were not hurting morale.
"It's like bombing London," said Ian Randolph, legislative director for Sen. Eddie Lucio of Brownsville. "It just strengthens our resolve to support what our bosses are doing."
They described the sanctions as an annoyance, making staffers park far away, lug mail to the Capitol extension rather than having it picked up and hunt down news without subscriptions to hometown papers.
"Aside from the emergency paper clip rationing, we're all doing fine," said Graham Keever, general counsel for Sen. Gonzalo Barrientos of Austin.
Only three cell phones were cut off. They belonged to Sens. Frank Madla of San Antonio, Eliot Shapleigh of El Paso and Judith Zaffarini of Laredo, said Patsy Shaw, secretary of the senate.
Rep. Rick Noriega, D-Houston, set up an Easter basket on his desk on the House floor with a sign: "Senate Democrats Office Supply Fund." Noriega said he raised about $183.
Graves reported from Albuquerque, Ratcliffe from Austin. Janet Elliott also contributed from Austin.
I'm pretty sure that Albuquerque Marriott has a hot tub...
Heheh.......if the wives of the guy Dims ever find out who's in those hot tubs with their husbands..........
Maybe the spouses can force them back with threats of divorce?
I do believe Nevada is the hiding place for married folks whenever the big 'D' word pops up. RATS on the move...
Oh and pry off the D on all keyboards.
Where will they file? In New Mexico? Bwahahahah!
Dems must remit.
Hired and elected are two different things. After this little fiasco, these cowards may need to be stripped of any affiliation to Texas...
The military used to call it 'dereliction of duty.' These perps should be charged with this, in the least - after serving some jail time.
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