Houston pastors appeal judge”s decision regarding Equal Rights Ordinance

HOUSTON—What began as a legal response to the perceived overreach of the mayor and city attorney in dismissing a referendum petition has turned into something bigger, a coalition of pastors and their attorney said Thursday in announcing the appeal of their lawsuit against Mayor Annise Parker and the City of Houston. Evoking the oppression in the United States that birthed the Civil Rights Movement, pastors called the mayor’s actions a “crime,” “an act of discrimination” and nothing less than voter suppression.

Willie Davis, pastor of MacGregor Palm Community Baptist Church and petition circulator had all his work invalidated on a premise that Andy Taylor, lead counsel for the pastors, called indefensible.

“We talk about the days of my parents when poll taxes and other things were used to eliminate the process of the voting for minorities,” Davis, an African-American, told reporters at a press conference called by the Houston Area Pastors Coalition to announce the appeal. “And here we have a city mayor … who denies the entire City of Houston the right to vote.”

Taylor told the TEXAN the appeal, filed April 30, has three elements.

First, a writ of mandamus asks the Texas Supreme Court to order Houston City Secretary Anna Russell to verify the voter registration of all 54,000 petition signers—something she has not done since stopping her count just short of 20,000 after verifying the minimum number of signatures needed to pass the referendum.

Her signature verification was dismissed by Parker and then-City Attorney Dave Feldman.

Second, the appeal asked the Texas Court of Appeals to expedite the process, giving plaintiffs a hope of meeting the Aug. 18 deadline for getting the referendum on the November ballot. The case is likely to go before the Texas Supreme Court.

Third, Taylor filed a writ of mandamus with the appellate court asking, again, for the expedited process.

A writ of mandamus is a request of a court to rule without the full benefit of court proceedings. They are rarely granted, but Taylor said because of time constraints his clients have no adequate remedy to their complaint.

The average appellate process takes 6-18 months. And although rushing the process is not ideal for any of the parties, Taylor said his clients requested the action. Woodfill v. Parker will be heard by the 1st or 14th Texas Court of Appeals in Houston.