JOHN COWEN, THE MAYOR WITH NO CLOTHES OR IF YOU WILL - THE MINI-TRUMP
Cowen can be named in the ADA lawsuit because insiders are assuring me, he is running the show and cares more about settling scores than running a clean government. I just need one email from John Cowen saying he opposes doing the right thing, and he then becomes a coconspirator. There are enough people in management at the city who dislike him, the evidence will be produced.
When elected officials use their perceived inherent power, while holding a position of limited power, disaster follows. This is a common analytical tool when studying elected officials and their downfall.
I want to say the simpleton bloggers trying to make John Cowen a racial issue need to stop. The problem with John Cowen has nothing to do with race, just a sense of superiority.
I have spoken with enough people to know the choice of Alan Guard as city manager sent a tidal wave of double takes. People who really run the city are clueless as to how the city commission could choose him.
When you talk to the people on the street a clear message is heard. Yes, the people are worried about inflation and other such matters, but the one universal issue is the failed infrastructure in Brownsville.
It is incredulous to the people on the street who follow city hall matters that an engineer who knows the infrastructure issues intimately, and the impact the budget presents to the resolution of the infrastructure problem is passed over as the new city manager, for an outsider has no understanding of these issues and how to resolve them.
Linda Macia's is toast in my part of town. I have already seen the mailer of her sitting in a pothole in Pedro Cardenes district, while potholes remain unrepaired in her district. John Cowen and John Villarreal will be too busy defending themselves to worry about Linda Macias
My neighbors are always asking me if I know when Lopez will open its roasted chicken counter. I tell them I do not know and there are conflicting accounts of problems with the city. It may seem stupid, but the idea of a 3-minute drive for a nice take-out dinner matters to people.
SCHEDULE
My goal today is to finish the latest mandamus to be filed with the Texas Supreme Court. The issue is Judge Terrell refusing to rule on the Plea to the Jurisdiction.
Judge Terrell was warned that his order of assignment clearly gave him authority to hear all matters related to the recusal. I handed him the order of assignment and he ignored it. I warned him on the record that he had a duty to find he had jurisdiction in the case before proceeding.
"Not only may a reviewing court assess jurisdiction for the first time on appeal, but all courts bear the affirmative obligation “to ascertain that subject matter jurisdiction exists regardless of whether the parties have questioned it.” In re United Servs. Auto. Ass’n, 307 S.W.3d 299, 306 (Tex.2010) (quoting Univ. of Tex. Sw. Med. Ctr. at Dall. v. Loutzenhiser, 140 S.W.3d 351, 358 (Tex.2004)).
Judge Terrell is a retired senior judge. He would have you believe he did not understand simple law. No, his acts were willful. The law is basic; no judge can proceed in any case until on their own they find they have jurisdiction in the case. No motion is required.
Assuming I get the mandamus filed by this evening, I will then ask the Commission on Judicial Conduct to suspend him as a visiting judge. We are not dealing with a ruling which can be debated, we are dealing with the most basic and fundamental duty of all judges: insure you have jurisdiction in the case before you proceed.
By Monday Jackson Walker will have my demand letter for the ADA violation. It was willful on the part of Andrew Schafer. He knew there could be no Zoom hearings, and he did it anyway. The federal court of appeals has made known in Title II ADA violations, damages are available if the act was willful.
Further under Tennessee v. Lane judges can be held accountable along with court for accommodation violates. Judge Woerner gave me the accommodation concerning my hearing impairment, but then Judge Terrell took it away with an ex parte communication with Andrew Schafer of Jackson Walker.
Heather Scott who answers to John Cowen, Will Treviño and Alan Guard was warned to take her approval off of the Schafer draft order, and she refused. The order was highly edited by Judge Terrell, but kept the finding he considered all argument, to include that of Andrew Schafer who appeared via Zoom in violation of the Judge Woerner ADA accommodation order.
On Monday the entire city commission will get the demand letter under the ADA which is also going to the Texas Municipal League. John Cowen can no longer keep the entire city commission from voting on settlement.