8 December 1–7, 2022 dallasobserver.com DALLAS OBSERVER Classified | MusiC | dish | Culture | unfair Park | Contents Month XX–Month XX, 2014 dallasobserver.com DALLAS OBSERVER | Classified | MusiC | dish | Movies | Culture | Night+day | feature | sChutze | uNfair Park | CoNteNts | izes same-sex intercourse. Language in the state’s health and safety code calling homo- sexuality an unacceptable lifestyle and a criminal offense would also be removed if these bills are passed. State representatives and senators have tried time and again over the years to re- move this language from Texas law, but have yet to succeed. This time around, Johnson is not too hopeful. Johnson doesn’t think it’s probable that either senate bills 81 or 82 will pass. This is because “Republican legislators don’t stand to gain much with base voters by bringing it up,” Johnson said. “Passage really requires a reconciliation of the idea of limited government with the practice of limited government. That’s something that eventually – perhaps this session – will be recognized as essential to running a limited, respectful government.” Some of the anti-LBGTQ laws in Texas have been rendered unenforceable by Su- preme Court decisions. In 2003, for exam- ple, the Supreme Court ruled in Lawrence v. Texas that the portion of the state’s pe- nal code criminalizing same-sex inter- course violated the due process clause of the 14th Amendment. But, the recent overturning of Roe v. Wade, the ruling that made abortion a constitutional right, has some wondering how long decisions like these will stand. The decision this year kicked the abor- tion question back to the states, many of which had laws in place to ban it. When this happened, people worried this could set a precedent for other rights to be determined by the states. Before the Supreme Court overturned Roe v. Wade, a draft majority opinion on the landmark case written by Justice Sam- uel Alito was leaked and obtained by pub- lications like Politico. In it, Alito argued that what he called unenumerated rights, those protected by but not explicitly spelled out by the Constitution, should be strongly rooted in U.S. history and tradi- tion. So, how do landmark decisions from just the last two decades, like Lawrence v. Texas or Obergefell v. Hodges, which legalized gay marriage, stack up against Alito’s ex- pectations that rights must be strongly rooted in U.S. history and tradition? It’s hard to say, and that’s what some are con- cerned about. After the Supreme Court opinion draft was leaked, Jim Obergefell, the lead plaintiff in Obergefell v. Hodges, spoke to NPR about its implications. “My concern in this leaked decision, and why I’m worried about mar- riage equality is the language in this deci- sion, which says ‘unenumerated rights,’” he told NPR. “This leaked decision says, well, if those unenumerated rights will continue as what we consider fundamental rights, then they have to be based in our nation’s history and tradition,” Obergefell said. “That’s a very dangerous thing, because marriage equality is only seven years old, not even seven years old. That is not a long history. It’s certainly not the tradition of our nation.” ▼ GamblinG Putting it on the Line Rick PeRRy and JeRRy Jones Lend RaRe RePubLican suPPoRt to LegaL sPoRts betting in texas. by Kelly Dearmore A surprising voice has entered the de- bate surrounding legal sports gam- bling in Texas. Former Gov. Rick Perry released a video on behalf of the Sports Betting Alliance in which he lists what he says are the benefits of mobile sports gambling. “Texas is built on the core principle of in- dividual freedom,” says Perry, who served as governor 2000–2015. “And we pride our- selves on being an economic powerhouse in the nation. Legalizing mobile sports betting will finally allow the state to protect con- sumers from illegal offshore betting sites while keeping the money generated from betting in Texas to benefit Texans.” Following the 2018 decision by the Su- preme Court to lift the federal ban on sports betting, Fantasy Football platforms such as DraftKings have led the way, along with some notable casinos, in turning mobile sports bet- ting into a commercial force. In the video Perry picked at the low-hanging fruit by em- phasizing how sports betting is now legal in a majority of states in some form. Perry’s monologue rolled out the way a conservative politics bingo card might read. His talk of liberty while imploring Texans to not fall farther behind neighboring states hits close to home for a lot of conservative voters and lawmakers. There’s a reason he’s an attention-grab- bing name for the Sports Betting Alliance. Republicans have long steered clear of seri- ous consideration of legal casinos and sports gambling in Texas. But Perry’s not the only big name with Republican ties to take part in this movement. Dallas Cowboys owner Jerry Jones, a noted supporter of Republican officials in- cluding former President Donald Trump, made sizable contributions to the 2022 re- election campaigns of Gov. Greg Abbott, Lt. Gov. Dan Patrick and Attorney General Ken Paxton. In 2021 he was instrumental in forming the Sports Betting Alliance that Perry is now part of, along with other pro sports teams owners including Mark Cuban. According to Perry’s video, 11 profes- sional sports franchises in Texas, including the Cowboys, Dallas Mavericks, Texas Rang- ers and FC Dallas, are on board with allow- ing Texans to bet on games from their phones. Betting platforms including DraftK- ings, FanDuel and Bet MGM have also lent their weight to the cause. Even with a state government controlled by Republicans, Texas has waded into gam- bling waters over the past 40 years. Horse racing became legal in 1986, clearing the way for major attractions such as Lone Star Park in Grand Prairie, and the state lottery began in 1992. Texas is surrounded by legal casinos in New Mexico, Oklahoma, Arkansas and Lou- isiana, and sports betting is possible in New Mexico and Louisiana. Since making sports gambling legal in 2020, Louisiana has con- tinued to set new records for state sports gambling revenue, recording $32.3 million in gross revenue in September alone. Colorado also legalized mobile sports betting in 2020. Although there were some complaints about the high number of sports gambling commercials early on, the state is now collecting a record amount of taxes, with nearly $3 million being added to the state coffers in September. Democratic state Sen. Carolyn Alvarado has pre-filed SJR 17, proposing a constitu- tional amendment that would create the Texas Gaming Commission to authorize and regulate casinos and sports betting. The fil- ing maintains that legalized casino and sports gambling in Texas will “foster eco- nomic development and job growth and ... provide tax relief and funding for education and public safety.” The push with Perry is the latest effort from the Cowboys-backed alliance. An at- tempt to have the state Legislature give it se- rious consideration in 2021 was unsuccessful. In keeping with his conserva- tive Christian base, Patrick stated in 2021 his unequivocal opposition to expanding the state’s slate of legal gambling options. In an email to the Observer, Alvarado shares many of the sentiments expressed by the former governor regarding gambling’s possible future in Texas. “It’s long past time that we let voters de- cide whether Texas should legalize gaming,” the email states. “Texas loses billions of dol- lars every year to our neighboring states. Le- galizing casino gaming would not only bring this revenue back into our state, but it will also create tens of thousands of permanent jobs in Texas and potentially hundreds of thousands of immediate construction jobs. For these reasons, I am hopeful that SJR 17 will pass in the 88th Legislative Session.” ▼ Cannabis Just sPark it gRound game texas teLLs denton to imPLement maRiJuana decRiminaLization oRdinance. by Jacob Vaughn A fter Denton officials told residents they didn’t plan to fully enforce an ordinance voters passed on Nov. 8 that would essentially decriminalize small amounts of marijuana, they got a memo from one of the principal groups pushing for measures like these across the state. The group is Ground Game Texas, which successfully lobbied voters to pass a similar ordinance in Austin earlier this year. In a memo to the Denton mayor and City Council, the group said it was concerned that the city appears to be ready to “disre- gard the electoral outcome and usurp the policy-making authority of city voters.” Ground Game Texas urged Denton to im- plement the ordinance after the city’s can- vassing meeting last week. Another local group, Decriminalize Den- ton, has been the main force behind Propo- sition B. After trying to get such an ordinance passed by the City Council, De- criminalize Denton decided to let the voters decide through a ballot initiative. About 71% of voters in Denton approved the ordinance, which would prevent the city’s police de- partment from citing or arresting for low- level marijuana possession in most cases. Exceptions would be made if a violent fel- ony was also involved or if it was part of a broader narcotics investigation. The ordi- nance would prohibit police from giving out Class C misdemeanor citations for posses- sion of drug residue or drug paraphernalia and keep them from ordering THC tests un- less a felony was involved. The group encouraged residents to turn out to the canvassing meeting at Denton City Hall to speak in favor of the ordinance. Denton city staff and the city manager both issued press releases after Proposition B, the decriminalization ordinance, was ap- proved by voters in the Nov. 8 election. Reached for comment, a spokesperson for the city directed the Observer to these press releases, which claimed that Texas law pre- vents them from being able to enforce the ordinance completely. They said Texas bars the city from adopting rules that would keep police from fully enforcing state and federal drug laws. Ground Game Texas and Decriminalize Denton disagree. “The Texas Constitution and the City Charter of Denton guarantee the people of Denton the right to directly legislate on local issues, including marijuana enforcement,” Michael Siegel, Ground Game’s general council, wrote in the memo. “The city man- ager has no authority to ignore or subvert legislation duly enacted by the people. We hope that you will protect the rights of Den- ton voters and ensure that Prop. B is duly en- forced by city personnel.” Siegel argues that Denton’s home rule charter, which was adopted in 1914, allows the city to propose any ordinance, besides those that appropriate funds or levy taxes, and to adopt or reject those ordinances at the polls. If an ordinance is passed, Ground Game argues that from there, the only au- thority the city manager has is to implement the law. “The division of authority is perfectly clear: the City Council creates policy and the city manager is required to execute it,” Sie- gel wrote. “When the people of Denton adopt policy via a citizen initiative, they stand in the place of the council and exercise the policy-making authority of the city. The Denton voters passed an ordinance to decriminalize marijuana but issues persist. Wikimedia Commons Unfair Park from p6
