Is it an "ideological stunt," or are we likely to see organizers of the Texas Latino(x) Pride Fest arrested? Or maybe it is just to intimidate other Pride Events. Update 1.
We shouldn't be complacent about the possibility of an arrest.
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The posts which are updates on this story are first. The original post follows after.
I have done a Freedom of Info Act with the City of Dallas to get the photos that Shaheen sent and this is a report on the photos.
Be prepared to laugh.
Tx. Rep. Matt Shaheen’s call for an investigation of the Texas Latino Pride Event
On Sept. 25, 2023 Texas House Rep. Matt Shaheen wrote Dallas City Council members, the Dallas Chief of Police, and the Dallas County District Attorney, John Creuzot to investigate the Texas Latino Pride Fest for criminal violations of the law prohibiting the exposure of minors to sexual materials.
The full details of this letter is in this post. This post has links to earlier reports about the protest against the Texas Latino Pride Fest and other background information.
Response to Shaheen’s letter has been to call it an “indeological stunt.”
As reported in the Dallas Voice. (This has been updated, so go past the Tx Latino Pride response.) [Sept. 28, 2023.]
Dallas Voice has reached out to the two LGBTQ men on Dallas City Council — Councilman Chad West and Councilman Omar Narvaez — and to District 2 Councilman Jesse Moreno, in whose district Reverchon Park is located. We have also reached out to Texas Latino Pride Festival organizers for comment.
So far, West has responded, labeling Shaheen’s letter “an ideological stunt.” [Boldface added.]
So far no comment by Narvaez has been found online.
The Dallas Observer also reported on this focused on the theme of it being an “ideological stunt.” [Oct. 3, 2023.]
Chad West, an LGBTQ member of the Dallas City Council, told the Observer he wouldn’t entertain Shaheen’s demands for an investigation. He said as a father of two, he knows there are real dangers out there that keep parents like him awake at night. “An arts and culture event in a city park by LGBT performers is not one of them,” he said. “Dallas Police resources should not be wasted on ideological stunts aimed at harassing people because of their skin color and who they love.” [Boldface added.]
The Dallas Morning News doesn’t appear to have reported on this matter at all.
The general view seems to be that it is is nothing more than an obnoxious publicity stunt and nothing more. But is it nothing more?
Is TX Rep. Shaheen’s letter a prelude to an arrest?
Being an ideological stunt isn’t necessarily exclusive of a plan to take real action. Rep. Matt Shaheen’s letter might be both an ideological stunt and a real plan to have organizers arrested.
The Dallas Express has continued to report on this issue and show where pressure might be applied.
There was first this article, “Creuzot Mum on All-Ages Pride Event Promoted by County.”
https://dallasexpress.com/city/creuzot-mum-on-all-ages-pride-event-promoted-by-county/
The article points out that it has been a week since Shaheen sent the letter and Creuzot hasn’t responded. Then the article states the following:
Creuzot has previously received criticism for selectively adopting non-prosecution policies. For example, he previously announced a non-prosecution policy for thefts between $100 and $750. However, following pushback from law enforcement and community members, Creuzot reversed course.
Similarly, Creuzot adopted a non-prosecution policy pertaining to abortion. To date, he has not publicly announced an end to the policy, meaning he could possibly face removal from office due to a new Texas law, as reported by The Dallas Express.
The key part of the article regarding possible pressure on Creuzot to act against the Texas Latino Pride Fest is that last sentence. There is a new Texas law in which a County District Attorney can be removed from office for a non-prosecution policy.
https://dallasexpress.com/state/creuzots-abortion-amnesty-policy-may-result-in-ouster/
As the article explains.
HB 17 expanded the definition of official misconduct to include the adoption of non-prosecution orders.
If a district attorney or other prosecuting attorney in Texas decides “to refuse to prosecute a class or type of criminal offense under state law,” a citizen who has lived in the prosecutor’s jurisdiction for at least six months can petition for the official’s removal. If a petition is filed, the matter would go before a judge.
District attorneys found guilty of having adopted non-prosecution policies in violation of state law will be removed from office.
With all the anti-LGBT institutions in Dallas County, I am sure that one resident can be found to file a petition and it will go before a judge. Whether a judge would remove Creuzot from office is another thing.
Creuzot has been a member of the Democratic Party, switch to the Republican Party when the Republicans did very well at the polls, and later switched back to the Democratic Party. It would be unwise for the LGBT in Dallas County to assume that he would be a bulwark against homophobia and not investigate Texas Latino Pride Fest.
I am not saying that Creuzot will act. I report on this article to show that the anti-drag activists are doing more than just publicity stunts and are seriously pursuing strategies to get a criminal investigation of the Texas Latino Pride Fest.
Back and forth between TX Rep. Matt Shaheen, Dallas City Council member Chad West and the Dallas Express.
The Dallas Express reported on Chad West’s response to Shaheens letter, in an article, “West Spurns Inquiry Into ‘All Ages’ Pride Event.”
https://dallasexpress.com/city/west-spurns-inquiry-into-all-ages-pride-event/
Then the Dallas Express reported on TX Rep. Shaheen’s response to West’s response, an article, “TX Rep Presses for ‘All Ages’ Pride Fest Probe.” After reporting on what West said, the Dallas Express reports:
Rep. Shaheen replied to West in a statement to The Dallas Express.
“The letter sent to Mr. West and the rest of the Dallas City Council included photos of highly sexual content with children present, that are clear violations of law designed to protect children,” he said. “The sexualization of children by liberal Democrat extremists will not be tolerated and I again strongly encourage the City of Dallas to investigate this highly unacceptable behavior.”
The article then reports that Shaheen’s original inquiry was.
https://dallasexpress.com/city/tx-rep-presses-for-all-ages-pride-fest-probe/
The response of Shaheen to West doesn’t cover any new material, but it is keeping the call for an investigation in the news.
I think it also provides two important points to get a Texas State official to act.
If you wanted to get a Texas State official to act, the first thing the state official is likely to ask, is whether you had appeals to the local County District Attorney and the city under whose juridiction the alleged crime had occured and what was the results.
Shaheen has appealed to local authorities, and can show that the local authority, City of Dallas is refusing to act. Likely the expectation would be that the local authorities should be given some time to think about it before you definitely conclude they are not going to act.
It appears that Shaheen is doing the preliminary work to support asking for state authorities to act. Or it could be the basis for a new bill in the next legislative session asking for state authority to act in situations like this.
The statue of limitations in Texas is two years for misdemeanors and three years for felonies in general, but many felonies have specified limitations of 5 or 7 or 10 years.
Sec. 43.24. SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL MATERIAL TO MINOR.
(a) For purposes of this section:
(1) "Minor" means an individual younger than 18 years.
(2) "Harmful material" means material whose dominant theme taken as a whole:(A) appeals to the prurient interest of a minor, in sex, nudity, or excretion;(B) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and(C) is utterly without redeeming social value for minors.
(b) A person commits an offense if, knowing that the material is harmful:
(1) and knowing the person is a minor, he sells, distributes, exhibits, or possesses for sale, distribution, or exhibition to a minor harmful material;
(2) he displays harmful material and is reckless about whether a minor is present who will be offended or alarmed by the display; or
(3) he hires, employs, or uses a minor to do or accomplish or assist in doing or accomplishing any of the acts prohibited in Subsection (b)(1) or (b)(2).
(c) It is an affirmative defense to prosecution under this section that the sale, distribution, or exhibition was by a person having scientific, educational, governmental, or other similar justification.(c-1) It is a defense to prosecution under this section that the actor was the spouse of the minor at the time of the offense.
(d) An offense under this section is a Class A misdemeanor unless it is committed under Subsection (b)(3) in which event it is a felony of the third degree.https://statutes.capitol.texas.gov/Docs/PE/htm/PE.43.htm#43.24
What might happen?
I don’t think Dallas County Dist. Attorney Creuzot is going to do anything and I don’t think the City of Dallas is going to act.
However, it might be something Texas Attorney General Ken Paxton might want to investigate. Maybe Texas Gov. Abbott might be interested. However, the arrest of the organizers of a Pride event would generate a lot of negative publicity for Texas and corporations wouldn’t move their headquarters here and some corporations might move out. Corporations need to recruite elite talent and when a place is know as crazy it is hard to get elite talent to move to such places.
However, the politics that is occuring in the United States is getting crazier and crazier. Who would have imagined the Jan. 6, 2020 events, when the Capitol building was stormed and the electoral ballots had to be hidden?
It might be that Ken Paxton or Abbot might face pressure in a primary from the right over this issue, an issue which the Dallas Express is likely to raise repeatedly.
Federal judges can’t be relied on either. The West Texas A&M Univ. ban on a drag show was upheld by a federal judge.
https://dallasexpress.com/education/judge-sides-with-wtamu-in-campus-drag-show-suit/
Even if some laws or particular enforcements of a state law are ruled to be unconstitutional by one federal judge, the judgement can be appealed to the Supreme Court which is a right-wing Supreme Court.
For example, this federal judges ruling on the Texas anti-drag law, might be overturned by the next judge in the chain of appeal or by the Supreme Court.
https://apnews.com/article/drag-shows-texas-ban-lawsuit-04d49c4fd987562dde83732cfc457b1e
Also, when the legislature convenes again, they might have a law appointing a special prosecutor for certain classes of crimes and if the statue of limitations hasn’t run out, they might decide to go after the Texas Latino Pride Fest organizers.
Or again, nothing maybe resulting from this. I just don’t know, but I don’t think it is definitive that it is just going to be a publicity stunt with no further actions or results.
I think the situation is very uncertain.
Update 1:
A phone call campaign has been launched by Protect Texas Kids. The link on the post is live and to have you call the City of Dallas. More info on Facebook.
https://www.facebook.com/groups/413814316746749/posts/718982972896547/
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