Rose City Airfest Underway

TYLER – Rose City Airfest UnderwayOur news partners at KETK report the Tyler Regional Airport is filled with Camp V and airshow planes for the Rose City Airfest. “I’ve got over 40 vendors and we’ve got static displays, we’ve got the pilots out signing posters, it’s just going to be a tremendous full day of family fun,” said Bob Westbrook, Rose City Airfest chairman. Activities started Friday with an all-new STEM day for local high school students. Continue reading Rose City Airfest Underway

Paxton sues TikTok

AUSTIN (AP) – Texas Attorney General Ken Paxton sued TikTok on Thursday for sharing and selling minors’ personal information, violating a new state law that seeks to protect children who are active on social media, accusations that the company denied hours later.

The Securing Children Online through Parental Empowerment Act prohibits social media companies from sharing or selling a minor’s personal information unless a parent or guardian approves. The law, which was passed by the Legislature last year and partially went into effect Sept. 1, also requires companies to create tools that let verified parents supervise their minor child’s account.

Paxton argues in the legal filing that TikTok, a short-form video app, has failed to comply with these requirements. Although TikTok has a “family pairing” feature that allows parents to link their account to their teen’s account and set controls, parents don’t have to verify their identity using a “commercially reasonable method,” as required by Texas law. The minor also has to consent to the pairing.

Paxton also argues that TikTok unlawfully shares and sells minors’ personal identifying information to third parties, including advertisers and search engines, and illegally displays targeted advertising to known minors.

“I will continue to hold TikTok and other Big Tech companies accountable for exploiting Texas children and failing to prioritize minors’ online safety and privacy,” Paxton said in a statement. “Texas law requires social media companies to take steps to protect kids online and requires them to provide parents with tools to do the same. TikTok and other social media companies cannot ignore their duties under Texas law.”

A TikTok spokesperson denied Paxton’s allegations, pointing to online information about how parents in certain states, including Texas, can contact TikTok to request that their teen’s account is deleted. Parents are asked to verify their identify but submitting a photograph of themselves holding their government-issued ID. According to TikTok’s privacy policies, the company does not sell personal information. And personal data is not shared “where restricted by applicable law.”

“We strongly disagree with these allegations and, in fact, we offer robust safeguards for teens and parents, including family pairing, all of which are publicly available,” TikTok spokesperson Jason Grosse wrote in a an emailed statement. “We stand by the protections we provide families.”

Paxton’s lawsuit was filed in a federal district court in Galveston. The filing comes after a federal district court judge in August temporarily blocked part of the social media law from taking effect as a legal battle over the law’s constitutionality continues to play out.

Two separate lawsuits were filed seeking to block the law. One suit was filed by tech industry groups that represent large digital companies including YouTube and Meta. A second lawsuit was filed by a free speech advocacy group.

Days before the law was scheduled to take effect, Judge Robert Pitman blocked a part of the law that would have required social media companies to filter out harmful content from a minor’s feed, such as information that features self-harm or substance abuse. But Pitman allowed other pieces of the law to take effect, such as the prohibition on selling or sharing minor’s data, as well as a new rule that social media companies let parents monitor their child’s account.

Meta, the parent company of Instagram and Facebook, rolled out new parental control features in response to Texas’ law. Now, parents who can prove their identity with a valid form of identification can set time limits on their child’s usage and update their teen’s account settings. A Meta spokesperson also said the company does not share or sell personal data.

The consumer protection division of Paxton’s office has sole authority to enforce the law. They are seeking civil penalties of $10,000 per violation, as well as attorney’s fees.

Texas is one of several states that have recently passed laws attempting to regulate how social media companies moderate their content. Those laws have also facedbacklash from the tech industry and from free speech groups.

Supreme Court to weigh a Texas death row case

WASHINGTON (AP) — The U.S. Supreme Court will hear the case of a Texas man on death row who has long argued that DNA testing would help prove he didn’t kill an 85-year-old woman during a home robbery decades ago.

The order came down Friday in the case of Ruben Gutierrez, months after the justices stayed his execution 20 minutes before he was scheduled to die by lethal injection.

Gutierrez was condemned for the 1998 stabbing of Escolastica Harrison at her home in Brownsville, on the state’s southern tip.

Prosecutors said the killing of the mobile home park manager and retired teacher was part of an attempt to steal more than $600,000 she had hidden in her home because of her mistrust of banks.

Gutierrez has long asked for DNA testing on evidence like Harrison’s nail scrapings, a loose hair wrapped around one of her fingers and various blood samples from within her home.

His attorneys say there’s no physical or forensic evidence connecting him to the killing. Two others were also charged in the case.

Attorney Shawn Nolan said the high court’s action came as a relief. Agreeing to hear the case and extending the stay of execution “brings us one step closer to finally doing the DNA testing that will overturn Ruben’s wrongful conviction and death sentence,” he said.

Prosecutors said the request for DNA testing is a delay tactic and that Gutierrez’s conviction rests on other evidence, including a confession in which he admitted to planning the robbery and that he was inside her home when she was killed.

Gutierrez was convicted under Texas’ law of parties, which says a person can be held liable for the actions of others if they assist or encourage the commission of a crime. He has had several previous execution dates in recent years that have been delayed.

Judge denies an order for a Black student punished over his hair

HOUSTON (AP) — A federal judge on Friday denied a request by a Black high school student in Texas for a court order that the student’s lawyers say would have allowed him to return to his high school without fear of having his previous punishment over his hairstyle resume.

Darryl George had sought to reenroll at his Houston-area high school in the Barbers Hill school district after leaving at the start of his senior year in August because district officials were set to continue punishing him for not cutting his hair. George had spent nearly all of his junior year serving in-school suspension over his hairstyle.

The district has argued that George’s long hair, which he wears to school in tied and twisted locs on top of his head, violates its policy because if let down, it would fall below his shirt collar, eyebrows or earlobes.

George, 19, had asked U.S. District Judge Jeffrey Brown in Galveston to issue a temporary restraining order that would have prevented district officials from further punishing him if he returned and while a federal lawsuit he filed proceeds.

But in a ruling issued late Friday afternoon, Brown denied George’s request, saying the student and his lawyers had waited too long to ask for the order.

George’s request had come after Brown in August dismissed most of the claims the student and his mother had filed in their federal lawsuit alleging school district officials committed racial and gender discrimination when they punished him.

The judge only let the gender discrimination claim stand.

In his ruling, Brown said he also denied George’s request for a temporary restraining order because the school district was more likely to prevail in the lawsuit’s remaining claim.

Brown’s ruling was coincidentally issued on George’s birthday. He turned 19 years old on Friday.

Allie Booker, an attorney for George, and a spokesperson for the Barbers Hill school district did not immediately return a call or email seeking comment.

George’s lawyer had said the student left Barbers Hill High School in Mont Belvieu and transferred to another high school in a different Houston area district after suffering a nervous breakdown over the thought of facing another year of punishment.

In court documents filed this week, attorneys for the school district said George didn’t have legal standing to request the restraining order because he is no longer a student in the district.

The district has defended its dress code, which says its policies for students are meant to “teach grooming and hygiene, instill discipline, prevent disruption, avoid safety hazards and teach respect for authority.”

George’s federal lawsuit also alleged that his punishment violates the CROWN Act, a recent state law prohibiting race-based discrimination of hair. The CROWN Act, which was being discussed before the dispute over George’s hair and which took effect in September 2023, bars employers and schools from penalizing people because of hair texture or protective hairstyles including Afros, braids, locs, twists or Bantu knots.

In February, a state judge ruled in a lawsuit filed by the school district that its punishment does not violate the CROWN Act.

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Bullard High School earns AP School Honor Roll recognition

Bullard – Bullard High School earns AP School Honor Roll recognitionBullard High School is now a member of the College Board Advanced Placement (AP) School Honor Roll. The school received bronze-level honor roll recognition for the success of its 2023-2024 AP programs. Schools earn this recognition by meeting criteria that reflect a commitment to increasing college-going culture, providing opportunities for students to earn college credit, and maximizing college readiness. Continue reading Bullard High School earns AP School Honor Roll recognition

Granbury residents sue bitcoin mining operation

GRANBURY – A group of Granbury community members, represented by Earthjustice, filed a lawsuit (case number: C2024253) in Texas State Court, Hood County, against Marathon Digital Holdings, Inc., which operates a bitcoin mine in Granbury, Texas. The lawsuit alleges that Marathon creates a private nuisance by causing and then failing to mitigate excessive noise pollution caused by their 24/7 proof-of-work cryptocurrency mining operations, resulting in sustained harm to the surrounding community. Earthjustice filed the lawsuit on behalf of Citizens Concerned About Wolf Hollow.

Proof-of-work cryptocurrency mining is an energy-intensive process involving tens of thousands of large computers running 24/7, and the constant roar of fans used to cool the machines results in excessive noise pollution. Prior to filing the lawsuit, Earthjustice identified over two dozen individuals who suffer direct health impacts due to the constant noise pollution from the cryptomining operations. Examples include permanent hearing loss, severe migraines, tinnitus and debilitating vertigo. Earthjustice is seeking a permanent injunction, demanding that the cryptomining operations either shut down or immediately implement measures to significantly reduce the harms caused by the excessive noise pollution.

“The Marathon cryptomining operations are creating significant noise pollution in Granbury, resulting in serious health and quality of life impacts to the surrounding community. Persistent exposure to this noise is detrimental for human health, animals, and the environment. Residents’ homes are no longer the refuge that they should be. Marathon must take immediate action to effectively mitigate their noise pollution or shut down operations altogether,” said Rodrigo Cantú, Senior Attorney with Earthjustice’s Gulf Regional Office.

Marathon operates its bitcoin mining facility behind-the-meter at the Wolf Hollow gas plant in Granbury. The gas plant is a 1,115 megawatt combined-cycle gas and steam turbine generation facility, with plans to bring an additional 300 megawatts of gas-fired generation online.

“The people of Granbury have been forced to endure constant and unrelenting noise from Marathon’s cryptomining operations. No corporation has the right to subject their neighbors to conditions that jeopardize their health and well-being. Marathon must reduce its noise pollution,” said Rebecca Ramirez, Associate Attorney with Earthjustice’s Gulf Regional Office.

“In such a short time, Bitcoin mining has completely altered our community, for the worse. The around-the-clock mining isn’t just driving up our electricity bills-it’s costing us our health. We feel trapped. Day and night, we are subjected to relentless noise that is physically harming us. We aren’t asking for much-just for Marathon to take responsibility and restore our peace and well-being,” said Granbury resident, Cheryl Shadden.

Rusk ISD investigates on-campus “incident” that left student injured

Rusk ISD investigates on-campus “incident” that left student injuredRUSK – Officials from Rusk ISD Friday addressed on a social media post, what they call an “incident” at Rusk ISD, that happened on October 2. Parents say the incident was caught on video, reportedly showing a student being assaulted in an administrative office. The video has been shared extensively on social media. Rusk ISD did not explain the nature of the “incident” in their statement. District officials also said that guardians of all students involved were informed immediately after the incident and they plan to work with the guardians to seek a resolution.

The Facebook post went onto to say, “Rusk ISD will have zero tolerance for this type of behavior from our students and while we cannot discuss individual disciplinary actions, please know that we will follow state education codes and local policies to ensure the disciplinary consequences align with the seriousness of the offense,” according to the district. “The safety of our students remains our top priority, and we will continue to review our policies and procedures to maintain a safe and secure environment for everyone on campus.”

Texas guns supply the cartels

DALLAS – The Dallas Morning News reports that guns purchased from a single ZIP code in Grand Prairie, Texas, have been popping up in Mexico in significant numbers over the past several years. From 2015-2022, the 75051 ZIP code was the source of more confiscated guns – roughly three dozen per year – in Mexico than from any other Texas ZIP code not located on the border. Furthermore, a recent federal firearms report shows Texas is the nation’s leading supplier of illicit guns to Mexico’s drug cartels and other criminal organizations, representing 43% of the total. Those are among the revelatory findings culled from a federal gun tracing database obtained by a nonprofit organization and analyzed recently by The Dallas Morning News.

At first glance, the data might suggest Grand Prairie is a hub for international arms trafficking. Dig a little deeper, however, and a more nuanced story emerges – one that not only reveals the challenges of firearms tracing as a tool against gun traffickers, but also illuminates the ongoing national debate between gun rights groups and gun safety advocates over whether such data should be made public. Tracing can be helpful to agents, revealing patterns used by criminals and identifying possible suspects. And it can be used to alert gun sellers. But the data also can be of limited value when a gun’s serial number is filed off, when the sales paperwork is missing or when the firearms are old. Those guns from Grand Prairie are a prime example. The 275 Grand Prairie confiscated guns, it turns out, are very old. Some were bought so long ago that the North Texas gun store owners who sold them are long dead.

Did “Cruz Curse” strike the Astros again?

HOUSTON – USA Today reports the Ted Cruz curse strikes (no pun intended) again. Allegedly. The Texas senator’s attendance at sporting events across the state is famously dreaded, for reasons beyond politics. His appearance at ballparks, football fields and basketball courts has been frequently associated with various Texas teams’ ensuing losses. And the phenomenon seemingly continued this week, after Cruz was spotted at Minute Maid Park Tuesday and Wednesday for both games of the Houston Astros’ back-to-back losses, which put a quick end to the baseball team’s postseason. The “Cruz curse” was also the basis for a social media ad last month by Rep. Colin Allred, D-Texas, who is running to unseat Cruz this November. “Sports fans from across Texas are suffering from the same affliction,” the commercial’s narrator says, going on to blame Cruz for major losses including the University of Texas football team’s defeat in January’s Sugar Bowl and the Houston Rockets’ dashed playoff dreams back in 2018.

“Want to win? Lose Cruz,” the 30-second video concludes. The race between Allred and Cruz has intensified, as some polls heading into the fall show a near tie between the pair. No Democrat has won statewide office in the deep-red Lone Star State since 1994. Cruz has been in office since 2013. Cook Political Report Tuesday shifted their rating of the Senate race from “likely Republican” to “leans Republican,” signaling momentum for Democrats, who nationally are in a contentious battle to hold onto control of the upper chamber. Allred and Cruz are set to face off in a debate Oct. 15. Democrats that evening may hope the supposed “Cruz curse” goes beyond just sports competitions. Cruz’s campaign did not immediately respond to a request for comment about the advertisement or the Astros’ loss this week.

Texas just hit 18M voters

HOUSTON – The Houston Chronicle reports that Texas has surpassed 18 million registered voters for the first time as an increasingly urban and diverse population reshapes the state’s political landscape and pushes the GOP to retool its decades-old playbook to keep a grip on the state. The state’s voter registration rolls are expanding at a quicker pace than other fast-growing southern states like Florida, North Carolina and Georgia. And they’re surpassing the state’s population growth, a sign that more than just new Texans are signing up to vote. Since U.S. Sen. Ted Cruz was last on the ballot in 2018 and narrowly won reelection by just 215,000 votes, Texas has added nearly 2.6 million voters — the size of Connecticut’s entire voting rolls. The biggest growth has come in Harris County and along the I-35 corridor, areas that have trended blue in recent elections. While transplants from other states make up a good portion of that rise, voter advocacy groups say it is also a product of their work in places like Houston and San Antonio to find and register Texans who don’t typically participate in elections.

Also fueling the rise is the state’s booming youth population coming of voting age. Many high schools have programs to help sign up new voters and people can also register when getting a driver’s license. The shifting demographics are forcing both parties to lean on advanced analytics to help them identify who these new voters are, where they came from, how likely they are to vote in November and which party’s platform they gravitate more towards. While some Republicans have convinced themselves Texas will always be red, top strategists in the party warn Texas is at risk of following other Southwestern states like Arizona and Nevada, once solid Republican states that started turning blue in the last two decades and helped put Joe Biden in the White House in 2020. “We are in a competitive state and we are not going to win just sitting on our laurels,” said Dave Carney, a veteran Republican strategist who has helped Gov. Greg Abbott and former Gov. Rick Perry dominate Texas politics for the last 25 years.

Supreme Court to examine Texas nuclear waste case

WASHINGTON (AP) — The Supreme Court agreed on Friday to step into a fight over plans to store nuclear waste at sites in rural Texas and New Mexico.

The justices said they will review a ruling by the 5th U.S. Circuit Court of Appeals that found that the Nuclear Regulatory Commission exceeded its authority under federal law in granting a license to a private company to store spent nuclear fuel at a dump in West Texas for 40 years. The outcome of the case will affect plans for a similar facility in New Mexico.

Political leaders in both states oppose the facilities.

Republican Gov. Greg Abbott of Texas has said his state “will not become America’s nuclear waste dumping ground.”

The push for temporary storage sites is part of the complicated politics of the nation’s so far futile quest for a permanent underground storage facility.

Roughly 100,000 tons (90,000 metric tons) of spent fuel, some of it dating from the 1980s, is piling up at current and former nuclear plant sites nationwide and growing by more than 2,000 tons a year. The waste was meant to be kept there temporarily before being deposited deep underground.

A plan to build a national storage facility northwest of Las Vegas at Yucca Mountain has been mothballed because of staunch opposition from most Nevada residents and officials.

The fight over storing nuclear waste is among 13 cases the justices added to their agenda for the term that begins Monday. Other notable cases include a plea by gun makers to end a lawsuit in which Mexico seeks to blame them for gun violence south of the border and an appeal from a death row inmate in Texas whose execution the high court halted at the last minute in July.

In the NRC case, there are two issues before the justices, which will be argued early next year.

The NRC contends that the states forfeited their right to object to the licensing decisions because they declined to join in the commission’s proceedings.

Two other federal appeals courts, in Denver and Washington, that weighed the same issue ruled for the agency. Only the 5th Circuit allowed the cases to proceed.

The second issue is whether federal law allows the commission to license temporary storage sites. Texas and environmental groups, unlikely allies, both relied on a 2022 Supreme Court decision that held that Congress must act with specificity when it wants to give an agency the authority to regulate on an issue of major national significance.

In ruling for Texas, the 5th Circuit agreed that what to do with the nation’s nuclear waste is the sort of “major question” that Congress must speak to directly.

The Biden administration told the court that the commission has long-standing authority reaching back to the 1954 Atomic Energy Act to deal with nuclear waste.

The NRC granted the Texas license to Interim Storage Partners LLC for a facility that could take up to 5,000 metric tons of spent nuclear fuel rods from power plants and 231 million tons of other radioactive waste. The facility would be built next to an existing dump site in Andrews County for low-level waste such as protective clothing and other material that has been exposed to radioactivity. The Andrews County site is about 350 miles (563.27 kilometers) west of Dallas, near the Texas-New Mexico state line.

New Mexico officials, led by Democratic Gov. Michelle Lujan Grisham, are opposed to a license the commission granted to Holtec International for a similar temporary storage site in Lea County, in the southeastern part of the state near Carlsbad. The 5th Circuit also has blocked that license.

A decision is expected by the middle of next year.

How low enrollment could affect East Texas schools

HENDERSON — How low enrollment could affect East Texas schoolsOver the past decade, public school enrollment has been declining across the nation. Now, that trend is starting to impact at least two school districts in East Texas, according to our news partners at KETK. At Palestine ISD, Director of Public Relations Larissa Loveless said she has worked for their district for 24 years. When she first started, she was an elementary school principal, and their campus had about 740 students. This year, that number is about 670 students. This trend is one her district has seen over the past 3 to 5 years, lower enrollment in lower grade levels and higher enrollment in middle school and high school. This year, their kindergarten class has 188 students, but in previous years, Loveless said they’ve had 225-240 students in that class. Continue reading How low enrollment could affect East Texas schools

Blue Alert issued in the Panhandle

MEMPHIS, Texas (AP) — Authorities issued a “Blue Alert” across Texas Friday morning as they searched for a man who allegedly shot and wounded a small town’s police chief.

The Texas Department of Public Safety sent a “Blue Alert” to smartphones statewide shortly after 5 a.m. Friday for Seth Altman, 33, in the shooting of Memphis Police Chief Rex Plant. Local media reports the chief was shot late Thursday when he and another officer tried to arrest Altman on a burglary charge.

KVII-TV reports Plant was listed in stable condition at a hospital in Lubbock. A hospital spokesperson did not immediately return a phone call from The Associated Press.

Blue Alerts, similar to Amber Alerts for missing children, were created by the executive order of then-Gov. Rick Perry in 2008. They are issued at a local law enforcement agency’s request whenever an officer is killed or wounded by a suspect considered a risk to public safety, according the DPS website.

Police in the Texas panhandle town of Memphis referred questions to the DPS, whose officials did not immediately return phone calls to The Associated Press Friday morning.