Houston Declares War on the Working Poor (UPDATE: Bail reduced)

HPS Horses 4

The Houston janitors continue to get attacked viciously, this time through legal means, for standing up for their economic welfare.  At first they were trampled by horses, then they were arrested and mistreated in jail, and now bail is set at a ridiculous level so the 44 people arrested can't pay it.

In an unprecedented transparent attempt to severely limit the right to peaceful protest and freedom of speech of low-wage Houston janitors and their supporters, a Harris County District Attorney has set an extraordinarily high bond of $888,888 cash for each of the 44 peaceful protestors arrested last night. Houston janitors and their supporters, many of them janitors from other cities, were participating in an act of non-violent civil disobedience, protesting in the intersection of Travis at Capitol when they were arrested in downtown Houston Thursday night. They were challenging Houston's real estate industry to settle the janitors' strike and agree on a contract that provides the 5,300 janitors in Houston with higher wages and affordable health insurance.

The combined $39.1 million bond for the workers and their supporters is far and above the normal amount of bail set for people accused of even violent crimes in Harris County. While each of the non-violent protestors is being held on $888,888 bail ...

   * For a woman charged with beating her granddaughter to death with a
      sledgehammer, bail was set at $100,000;

   * For a woman accused of disconnecting her quadriplegic mother's breathing
      machine, bail was set at $30,000;

   * For a man charged with murder for stabbing another man to death in a bar
      brawl, bail was set at $30,000;

   * For janitors and protesters charged with Class B misdemeanors for past
      non-violent protests, standard bail has been set at $500 each.

More than 5,300 Houston janitors are paid $20 a day with no health insurance, among the lowest wages and benefits of any workers in America.

Representatives Sheila Jackson Lee, Henry Waxman,  John Lewis, Al Green, Senator Ted Kennedy, Reverend James Lawson, Texas State Senator Rodney Ellis, Texas State House Representative Garnet Coleman, Houston City Council Member Ada Edwards, Reverend James Orange, and Reverend William Lawson have all spoken out.

If I were Chevron, Exxon, and Shell Oil - all of whom make billions and any of whom could end the strike - I would be nervous that Henry Waxman is asking you to intervene.  A few million dollars in extra salary and health care benefits for the people cleaning your offices is a really small price to pay to prevent Waxman from really scrutinizing your business practices.  He plays hardball, he dislikes corruption, and he's pushing global warming legislation.

Update: Sean-Paul says that bail has been reduced by a magistrate to $1000 apiece.



Display:


Re: Houston Declares War on the Working Poor (3.00 / 1)

Serial killers get their bail set less than that. I hope this story can get national buzz. It is beyond outrageous.


BlueSunbelt.Com Netroots for the Sunbelt states robwire.com My personal blog
by robliberal on Sun Nov 19, 2006 at 02:23:59 AM EST

Re: What are the Democrats going to do (none / 0)

breaking news:  they just won the contract.


by alivingston on Mon Nov 20, 2006 at 01:20:49 PM EST
[ Parent ]

Re: Houston Declares War on the Working Poor (none / 0)

$888,888 for bail? I mean, that number alone should be an alert that something is up.

This is blatant injustice at work here.


by PsiFighter37 on Sun Nov 19, 2006 at 02:48:40 AM EST

Re: Houston Declares War on the Working Poor (3.00 / 2)

How is $20 a day possible?  I thought sub-minimum wages were legal only for jobs where tips were presumptively part of the pay, or for certain agriculture jobs that were exempted from min-wage laws?
If the current Federal min is $5.15, a 7-hour "day" (kept short to keep employees from being eligible for full-time benefits) would gross about $36, and $20 is 56% of that.  Ain't no way that the full federal, state, and local tax withholding could add to 44%.
Are these people all working 5-hour "days"?  Something's not ading up here.
Not that this affects the central issue of the story, of course, which is completely reprehensible -- and makes for some excellent questions for our crusading "liberal" media to pose the "compassionate conservative" Texass pols, the local "Christian" leaders, "values voters," etcetcetc.
by smartalek on Sun Nov 19, 2006 at 02:50:34 AM EST

Re: Houston Declares War on the Working Poor (3.00 / 1)

Somebody, somewhere, explained these jobs are set up as part-time, minimum-wage, night-shift jobs, hence the seeming math discrepancy.


by joyful alternative on Sun Nov 19, 2006 at 06:48:23 AM EST
[ Parent ]

Folks work 2 and 3 jobs without insurance (none / 0)

2 part time jobs at 45 hours is full time work without health insurance.


Children, have you any fish?
by FishOutofWater on Sun Nov 19, 2006 at 07:47:17 PM EST
[ Parent ]

Re: Houston Declares War on the Working Poor (3.00 / 1)

We need to find out which Assistant DA was responsible for this and get the phone number to his office.  Hound him until he's shamed into doing the right thing.  Do this for everyone else involved as well.


by djtyg on Sun Nov 19, 2006 at 03:26:14 AM EST

Houston Mayor (3.00 / 1)

There are rumors that Houston Mayor Bill White, who's a Democrat although the office is non-partisan, may run for Senate in 2008 against Cornyn. If he intervenes to help stop this absurdity, the netroots would be extremely supportive of him if he decides to run. He needs to get on this now - for moral and political reasons.


by meekermariner on Sun Nov 19, 2006 at 03:50:23 AM EST

Re: Houston Mayor (none / 0)

I think he wants to run for governor when Rick Perry's last term is over; in fact, I think that's part of why Chris Bell's campaign got so little support even though the Perry/Strayhorn split created a huge opportunity.  (Ditto california, where the ambitions of Villaraigosa and Nunez dictated that Angelides not be an incumbent in 2010.)

Anyway, it would be a recruiting coup to get him to run for Senate instead.  Actually, he might do more long-term good for the Democratic Party as governor, by helping to turn the Texas Democrats into a competitive force again.  And it'd be much harder to elect him to Senate without his having held a statewide office like governor first anyway.  But he's probably the only person in the state who could knock off Cornyn in 2008.  Unless we've got a Jim Webb -- extremely compelling non-elected-politician -- lying around the state somewhere.


by texas dem on Sun Nov 19, 2006 at 08:10:46 AM EST
[ Parent ]

Re: Houston Declares War on the Working Poor (none / 0)

Dealing with these situations, as awfull as they are. Is far better when you are in power. Can some please say excise profits tax.


by Democraticavenger on Sun Nov 19, 2006 at 04:11:35 AM EST

Re: Houston Declares War on the Working Poor (3.00 / 1)

Big yawn so far from Democrats and mass media.

Washington Post ran a story at least:

HOUSTON -- According to the laws of economics, a $5.25-an-hour night cleaning woman with breast cancer is no match for the multibillion-dollar corporations that run the energy capital of America. But that's only one of the assumptions being tested in a strike of 1,700 Houston janitors that began almost four weeks ago.

http://www.washingtonpost.com/wp-dyn/con tent/article/2006/11/16/AR2006111601765. html

Sounds like [yawn, zzzzzzzzzzzz] an illegal that needs to be deported before she starts putting more of a burden on our welfare.

Hillary Clinton is busy looking out for the suffering middle class voters, who need her help most with taxes, just like Sherrod Brown and other newly elected ersatz populists will.

Thanks, Matt, but are you sure you aren't straying from the party line, like that awful liberal pornographer Virginia mistakenly elected to the Senate?  Your progressive credentials may be in jeopardy.

Best,  Terry


by terryhallinan on Sun Nov 19, 2006 at 05:06:53 AM EST

Re: Houston Declares War on the Working Poor (none / 0)

 The Dems can't do anything about this. It would Scare The Middle, you see.

 The middle likes seeing poor janitors trampled by horses. The middle approves of striking janitors being forced to post more bail than serial rapists. The middle thinks those are good things. So if the Dems take a stand for the janitors, they'll piss off that middle.

 (I wish that were snark.)


by Master Jack on Sun Nov 19, 2006 at 10:40:57 AM EST
[ Parent ]

Re: Are you crazy? (none / 0)

The middle class would love to see an end to the practice of tying helath benefits to one's tenuous job prospects nowadays. because they know they are next.

The middle class looks out for the middle class.  The straits of the working poor are of little interest generally.

As Hillary Clinton always says:  "Let them eat cake."  At least I think that's what she always says.

There was a wonderful soliloquy by Jon Tester on Meet The Press this morning.  Tim Russert had just read Jim Webb's stirring call to arms because of the vast chasm developing between rich and poor and got a few words from Webb on the subject.

Yes, said Tester, something needed to be done and then launched into the DLC routine handed down by the prophet Bill Clinton about the suffering middle class.  

Now you were saying?

Best,  Terry


by terryhallinan on Sun Nov 19, 2006 at 01:18:37 PM EST
[ Parent ]

Re: This issue effects the middle class more than (none / 0)

Last time I looked, most Americans were middle class.

Impossible by any measure.

The exaggerated sympathy for the middle class by the DLC'ers that has infected the gamut of Democratic thought excludes the lower classes.  The working poor are in a hull 'nother world.

It is really an excuse for pandering to the folk with big bucks, to remaking the Democratic Party into Republican Lite.  The success has been astounding.

I invite anyone to compare Jim Webb's stirring calls for righting the evils of dispossessing workers from their share in place of kowtowing to the lounge lizards who need do little more than clip coupons to the Clinton mantra.

Best,  Terry


by terryhallinan on Sun Nov 19, 2006 at 03:26:10 PM EST
[ Parent ]

Re: Houston Declares War on the Working Poor (none / 0)

I thought bonds were set (or at least assented to) by judges -- is it just different in Texas?


by xebecs on Sun Nov 19, 2006 at 08:00:12 AM EST

Re: Houston Declares War on the Working Poor (none / 0)

I think you're right -- the news release (from the union) plays up the DA's requested bail. Prosecutors often ask for ludicrously high bonds, in the hopes that the judge will reduce it to merely punitively high. This judge was obviously having none of it.

But the DA can't "set" bail. Maybe in a Napoleonic legal system, not in an adversarial system.

Then again, Texas is a whole 'nother country ...


by Dan Hartung on Sun Nov 19, 2006 at 01:04:34 PM EST
[ Parent ]

IOKIYAR (none / 0)

Remember Chad Castagana?  The Freeper who sent white powder to Keith Olbermann, among others?  Guess what his bail was?  Give up?  $300,000.

So a postal terrorist gets less than half the bail of a striking janitor.  No Gitmo for him, either.

Hopefully this story is going to erupt into the corporate media soon, thanks to Matt S.  But please push this through your blogs, discussion groups, etc.

Thanksgiving is this Thursday, and the janitors had nearly nothing before they went out on strike.  Last month.


by PDiddie on Sun Nov 19, 2006 at 08:32:23 AM EST

Re: Houston Declares War on the Working Poor (none / 0)

What were they charged with?


by Reece on Sun Nov 19, 2006 at 09:00:40 AM EST

Class B misdemeanor (none / 0)

for which the 'normal' bail amount is $500 (from the link above).


by PDiddie on Sun Nov 19, 2006 at 10:21:38 AM EST
[ Parent ]

Re: This is the pattern all through history.. (none / 0)

Oh please.  


by Reece on Sun Nov 19, 2006 at 04:05:59 PM EST
[ Parent ]

Re: Houston Declares War on the Working Poor (none / 0)

What were they charged with?

Manual labor.

Everybody knows Manuel (alternate spelling) Labor is a Mexican.

Best,  Terry


by terryhallinan on Sun Nov 19, 2006 at 12:59:40 PM EST
[ Parent ]

What is the local coverage like? (none / 0)

I went to the Houston Chronicle. I didn't see any coverage today about it. I assume they had some perfunctory article about it when it happened. But I do not see a single editorial column condemning this.


by Pravin on Sun Nov 19, 2006 at 09:09:30 AM EST

Most Texas progressive blogs are even silent (none / 0)

... despite my postings and urging.

So far, S-P Kelley at The Agonist and Jack Cluth at PRoS have posted the story.


by PDiddie on Sun Nov 19, 2006 at 10:27:23 AM EST
[ Parent ]

Re: Houston Declares War on the Working Poor (none / 0)

This is so nuts.  Will they sentence them to 30 years on a chain gang, too?  Another example of how illegal immigrants can be exploited.  If they can do this to citizens/legals in order to create fear in organizers so they can keep them in line, imagine the intimidation, fear and absolute control they would have over illegals.  This is such utter bull shit.  How can they get away with it?  


Follow the money
by dkmich on Sun Nov 19, 2006 at 09:43:19 AM EST

Was there really any trampling? (none / 0)

I do not condone what the cops did. What happened was outrageous enough. But I wonder if we shouldn't be more responsible in reporting. I did not see any trampling in the video first posted here. I think I saw someone pushed by a horse.
But a trampling indicated something even more brutal. We need to word stuff very carefully lest people discount the outrage that this incident deserves.
by Pravin on Sun Nov 19, 2006 at 09:54:32 AM EST

Was there really any trampling? (3.00 / 1)

http://www.infoshop.org/inews/article.ph p?story=20061116231501185

Context? I don't need no steenking context.

"So far it has been confirmed that Hazel Ingram, an 83 year-old janitor from New York City, was rushed to Ben Taub Hospital for an injury sustained on her arm. Ms. Ingram is a 52-year member of SEIU Local 32BJ. She works for the cleaning firm Pritchard and is paid $19 an hour."

Except maybe when I do.

50 years on the clock is a long time. $760 a week is not an extravagant amount of pay for somebody with that amount of seniority. But can we dial down the outrage meter a tiny bit?

There is a deadly serious battle afoot between capital and labor. They really, really, really want to take Social Security away. They really, really want to stave off universal health coverage. The economic right is dying to make this debate revolve around Ms Ingram who is not only Medicare eligible but at 83 years old is making at a 40 hour a week rate just about $40k a year.

I bet Ms. Ingram has a story to tell. I suspect she didn't spend her whole life making the equivalent of $19 an hour doing janitorial work. But something is amiss here. Like a lot of progressives I am just dying to have Joe Hill rise from his grave and give a whole heap of FDR whoop-ass on some assholes.

But somebody is using somebody to raise some faux-outrage here. Years of documenting Bush Boys AWOL status was undermined in a day when CBS and Rather bit on some falsified documents. We had that bastard dead to rights and they did an end-run by falsifying and then debunking some records. Don't let them do it again by running a granny who is making near $20 an hour.

http://users.cis.net/coldfeet/document.h tm

Real stuff. From real FOIA requests. Hard work sent down the toilet by some lazy CBS producer.


PollKatz: Bush Approval in 15 polls
by Bruce Webb on Sun Nov 19, 2006 at 03:28:13 PM EST
[ Parent ]

Re: Houston Declares War on the Working Poor (none / 0)

I'm glad the Post picked it up, anyway. Given that Bill Keller's dad was CEO of Chevron, odds are fairly good the Times won't.


by sb on Sun Nov 19, 2006 at 10:21:38 AM EST

Re: Houston Declares War on the Working Poor (3.00 / 1)

They wrote about the strike, not the mounted police or the enormous bail.  I have written the authors asking them to follow up their story, it would be good if others did too.


by Shrink in SF on Sun Nov 19, 2006 at 10:51:16 AM EST
[ Parent ]

Send a letter to Hines, or call Chevron in Houston (3.00 / 1)

The link in line one to HoustonJanitors.org gives the phone numbers for Chevron officers in Houston (and San Ramon) down on the right-hand corner, and in point 2, provides a letter to the entire roster at the Hines managing company who are the bargaining group.

I found it easy to add a few paragraphs about local conditions, to let them know that this police response will bring lasting shame on the city. Look at the one incident in New Orleans and the 1968 Democratic convention in Chicago where horse-mounted police took extreme actions.

Aha, this calls for Anderson Cooper and Keith Olbermann to investigate and publicize!


by Books Alive on Sun Nov 19, 2006 at 10:23:06 AM EST

What about the Eighth Amendment? (3.00 / 1)

The SCOTUS case cited by Professor Findlaw is Stack v Boyle:

the modern practice of requiring a bail bond or the deposit of a sum of money subject to forfeiture serves as additional assurance of the presence of an accused. Bail set at a figure higher than an amount reasonably calculated to fulfill this purpose is "excessive" under the Eighth Amendment.

A later case, US v Salerno extended the class of eligible purposes to minimising risk of reoffending during bail time.

Looks like a slam dunk - should have got the District Judge out of bed already, surely?

Two big flashing warning signs:

First, the report Matt links is a press release from the SEIU. No source is truly independent, but...

Second, that $888,888 number sounds not quite right. I thought it might that it was a big round number split 44 ways - but no. (That would be 39,111,072.)

Is there a criminal lawyer in the house? Isn't bail inevitable set at a round sum amount?

I think this needs some decent reporting.


by skeptic06 on Sun Nov 19, 2006 at 10:41:22 AM EST

Re: Houston Declares War on the Working Poor (3.00 / 1)

The Houston Chronicle has been incuriously silent about the excessive initial bonds, but the SEIU has later reported that a magistrate reduced the bonds for the Class B misdemeanors to $1,000 each and the protesters were released.

Normally, in Texas, an assistant district attorney or city attorney would request a bond, which would be set by a justice of the peace or other magistrate. If somebody did set an $888,888 bond for a Class B misdemeanor, that needs to be examined.


by jcullen on Sun Nov 19, 2006 at 10:43:30 AM EST

Re: Houston Declares War on the Working Poor (none / 0)

The full quote from SEIU:

Additionally, in an attempt to limit the right to peaceful protest and freedom of speech by the workers, an overly zealous Harris County District Attorney requested Friday night the extraordinarily high bond of $888,888 cash for 44 of the 46 peaceful protestors arrested Thursday. The standard bond rate for a Class B misdemeanor is $500 to $1000. The bond rates were later reduced by a magistrate judge to $1,000 per person.


by billybob on Sun Nov 19, 2006 at 12:51:59 PM EST
[ Parent ]

Re: Houston Declares War on the Working Poor (none / 0)

Aha. So it was just a "requested" bond (see my comment above).

It's frustrating when you have such a clearly abusive situation, sympathy for which can be undone by the over-reaching exaggerations of supporters.


by Dan Hartung on Sun Nov 19, 2006 at 01:06:35 PM EST
[ Parent ]

Re: Houston Declares War on the Working Poor (none / 0)

The bail makes perfect sense, in a way.

Woman bludgeons her grandchild to death?  Well, that's horrific, but it's hardly a threat to the corporate masters of America.  Stab a guy in a bar?  As long as it's not the bar at the country club, who really cares?  Protest for labor rights?  Now that's a threat.


by libdevil on Sun Nov 19, 2006 at 11:20:17 AM EST

Re: Houston Declares War on the Working Poor (UPDA (3.00 / 1)

Your post makes clear you dont understand how bail is supposed to work.  It is NOT supposed to have anything to do with the crime charged.  It IS supposed to have to do with how likely the suspect is to flee.  Even by that criterion the Houston case sounds excessive, but it is not for the reasons you cite.  You should be more careful before propagating misconceptions like this - Before a trial you are not guilty of anything.  You are innocent.  Therefore the nature of the crime cannot be a factor.  Only whether or not you will show for the trial.


by bluecayuga on Sun Nov 19, 2006 at 01:00:06 PM EST

Re: Houston Declares War on the Working Poor (UPDA (none / 0)

Houston, I think we have a problem.


http://kittenstomper.blogspot.com/
by Oilfieldguy on Sun Nov 19, 2006 at 01:01:38 PM EST

Well obviously (none / 0)

somebody screwed up.  Bail was supposed to reference the Satanic number $666,666.  It would appear that another party must have their hand on the scale too.


by Lasthorseman on Sun Nov 19, 2006 at 01:56:41 PM EST

Re: Houston Declares War on the Working Poor (UPDA (none / 0)

Incidentally, if any one cares, $1000 is perfectly reasonable for a Class B misdemeanor in Texas.


by Reece on Sun Nov 19, 2006 at 04:06:51 PM EST

Re: Houston Declares War on the Working Poor (UPDA (none / 0)

On his web page, the Texas attorney general says the state has no bail schedule. Bail is decided on a case by case basis. One county sets the minimum for a class b misdemeanor at $500 so I suppose 1000 is reasonable.......

for a class b misdeanor committed in Texas.


Dare to be free.
by misscee on Mon Nov 20, 2006 at 02:29:50 PM EST
[ Parent ]

Read this account from one of those arrested: (none / 0)

We sat down in the intersection and the horses came immediately. It was really violent. They arrested us, and when we got to jail, we were pretty beat up. Not all of us got the medical attention we needed. The worst was a protester named Julia, who is severely diabetic. We kept telling the guards about her condition but they only gave her a piece of candy. During roll call, she started to complain about light-headedness. Finally she just collapsed unconscious on the floor. It was like she just dropped dead. The guard saw it but just kept going through the roll. Susan ran over there and took her pulse while the other inmates were yelling for help, saying we need to call somebody. The medical team strolled over, taking their own sweet time. She was unconscious for like 4 or 5 minutes.

They really tried to break us down. The first night they put the temperature so high that a woman--one of the other inmates--had a seizure. The second night they made it freezing and took away many of our blankets. We didn't have access to the cots so we had to sleep on a concrete floor. When we would finally fall asleep the guards would come and yell `Are you Anna Denise Solís? Are you so and so?' One of the protesters had a fractured wrist from the horses. She had a cast on and when she would fall asleep the guard would kick the cast to wake her up. She was in a lot of pain.

The guards would tell us: `This is what you get for protesting.' One of them said, `Who gives a shit about janitors making 5 dollars an hour? Lots of people make that much.' The other inmates--there were a lot of prostitutes in there--said that they had never seen the jail this bad. The guards told them: `We're trying to teach the protesters a lesson.' Nobody was getting out of jail because the processing was so slow. They would tell the prostitutes that everything is the protesters' fault. They were trying to turn everybody against each other.

I felt like I was in some Third World jail, not in America. One of the guards called us `whores' and if we talked back, we didn't get any lunch. We didn't even have the basic necessities. It felt like a police state, like marshal law, nobody had rights. Some of us had been arrested in other cities, and it was never this bad before.

More here:

http://www.houstonjanitors.org/anna-deni se-solis/


by PDiddie on Sun Nov 19, 2006 at 08:32:59 PM EST


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