In Celebration of Punctuation

A lot of the work we do as librarians is investigative in nature. Secretly, there are many detectives among us. We are a curious lot who always want to know more. We can also be a fussy bunch who like words and language and who insist on using the most appropriate reference sources to get. things. right. We appreciate the rules of grammar, spelling, syntax, and punctuation and enjoy discussing the merits of various style guides. Copy editing, at least for this librarian, holds great appeal (as does the lost art of sentence diagramming).

In honor of National Punctuation Day, which falls every year on September 24, we at the Harris County Law Library are paying tribute with a list of resources that highlight the important role of punctuation and grammar in the drafting and interpretation of the law. Few disciplines outside of law rely so heavily on the written word. Disputes over misplaced (or missing) commas, especially in contracts and legislation, and even in the United States Constitution, are just some of the persnickety punctuation problems to plague the process. See below for examples of apostrophe catastrophes, comma bombs, and more.

·         The Law and Punctuation — In Custodia Legis, Law Library of Congress

·         Punctuation and the Law — American Bar Journal

·         Punctuation and the Interpretation of Statutes — Connecticut Law Review

·         How A Comma Gave Americans The Right To Own Guns — Business Insider

·         The Commas That Cost Companies Millions — BBC

·         Commas in Court Cases — Online Writing Training, Mary Morel

·         The Most Expensive Typo in Legislative History — Priceonomics

·         The Supreme Court is Split on Apostrophes — ABA Journal

·         Supreme Court Splits…on Grammar Writing and Style — Scribes Journal of Legal Writing

·         The Apostrophe's Battle Is Mountainous — The Atlantic

Celebrate National Hispanic Heritage Month

Each year, from September 15 through October 15, the United States recognizes National Hispanic Heritage Month. Texan President Lyndon Johnson first instated National Hispanic Heritage Week in 1968, and President Ronald Regan expanded it to an entire month in 1988.

We begin our celebration on September 15 because that is Independence Day for several Central American countries: Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua. Chile and Mexico mark their Independance Days later that same week. The national month therefore kicks off on the 15th of September, and then runs through the middle of October, when the world, but particularly the Western hemisphere, marks the arrival of Christopher Columbus to the Island of Hispaniola.

While the United States’ official observance of October 12th emphasizes Christopher Columbus and his Italian heritage, the nature of how this day is marked throughout the Americas has evolved significantly in recent years. In Latin America, the day generally celebrates the distinctive ethnic and cultural influences of Hispanic culture.

Further Reading:

• National Park Service

• Fast Facts Celebrating Hispanic Culture from Census.gov

• 2020 National Proclamation

Lone Star Labor Day

Texas is well known as a Right to Work state with a long and successful history of anti-union activity, but the Lone Star state has a parallel history of organized labor that has improved worker conditions stemming back to the Republic of Texas.

As Anglo settlers began to stream into the territory on the heels of the Texas Revolution, they brought significant knowledge of the labor organization occuring in their home states and territories. Texas’ first strike occurred in the fall of 1838, when the Texas Typographical Association won a 25% wage increase only a few months after forming.

Still, Texas did not experience widespread labor organization until the Philadelphia-based Knights of Labor managed to recruit not only farm workers, but over half of the state’s non-farm workers, by the middle of the 1880s. Per capita, this was the peak of union participation in Texas. By late 1886, however, the Knights of Labor found itself irrevocably damaged by its connection to the Haymarket riot in Chicago, and this impacted its influence in Texas as much as anywhere else, and the demise of the Knights likely contributed to the inability of Texas organized labor to stop the use of anti-union labor to build the state house in Austin.

In January of 1900, years of attempts to form a statewide union finally came to fruition when the Texas State Federation of Labor formed in Cleburne. However, Texas employers also organized through the Open Shop movement, and proved a formidable match for organized labor throughout the state. Texas workers additionally found themselves outmatched by the national influence and strength of the railroad tycoons who provided so many of the Lonse Star state’s jobs.

World War I brought a proliferartion of manufacturing jobs and other types of labor-based work to Texas, and while this resulted in some relatively improved conditions, Texas workers were unable to match the success of workers in other states. For example, in 1917, offshore workers in California successfully used strikes to negotiate $4, 8 hour days. Faced with extreme anti-labor tactics, however, Texas offshore workers were unable to hold a strike long enough to be effective, and could not improve upon a $2, 12 hour day.

As a result of changed national leadership, as well as a shift in Texas labor leadership, unions once again began to experience some success during the Franklin Roosevelt presidency. This notably included Mexican-American agricultural workers organizing for the first time. Still, Texans in this time period could not match the fervor and efficacy of Texas worker organization 50 years prior under the Knights of Labor.

In fact, Texas workers had been organizing for more than a century before they finally managed a major demonstration of political power in 1957 when pro-union Ralph Yarborough was sent to Washington DC to serve as Senator from Texas. That same year, the Texas State Federation of Labor merged with the Texas State CIO Counsel, consolidating union power in the state.

We at the Harris County Law Library wish you a great and safe Lone Star Labor Day! Here is some further reading to fill your holiday weekend:

• Right to Work Laws in Texas

• The Labor Movement in Texas Collection: 1845-1954, at the Dolph Briscoe Center for American History at UT

• Labor Organizations Handbook at the Texas State Historical Association

• Walking the Line: The Diverse History of Organized Labor in Texas, at the University of Texas at Arlington Libraries Special Collections

National Senior Citizens Day

Image by Dewald Van Rensburg from Pixabay

Today is National Senior Citizens Day. First proclaimed a holiday in 1988, National Senior Citizens Day seeks to recognize the achievements and contributions of the older members of our country and to demonstrate our gratitude for all they have done, not just for our country, but for our local communities and families. Here, at the Harris County Law Library, we thought we’d celebrate the day by compiling a list of resources that can help seniors with their legal needs and can point them to some community partners that might be able to assist them with any additional needs, such as meal programs and other social services.

Legal Information & Resources

Elder Law Handbook - Prepared by the Houston Bar Association

Seniors & the Law: A Guide for Maturing Texans - Prepared by the Texas Young Lawyers Association

Senior Citizen Rights : Nursing Homes and More - Available on TexasLawHelp.org

Old Age Benefits - Toolkits and related articles available on TexasLawHelp.org

Retirement & Pensions - Related articles available on TexasLawHelp.org

Facts for Consumers: Long-Term Health Care: Is Private Insurance Right for You? - Available on TexasLawHelp.org

Wills & Estate Planning - Toolkits and related articles available on TexasLawHelp.org

Senior Scams - Attorney General of Texas

Legal Aid and Hotlines

Legal Hotline for Texans (age 60 or older) - A project from the Texas Legal Services Center

Lone Star Legal Aid (Houston)

Advocate Legal Senior Center (Houston)

Community Resources

Harris County Protective Services for Children and Adults - Services for seniors and disabled adults, including guardianship programs and the Senior Justice Assessment Center.

Texas Department of Family and Protective Services - Report abuse, neglect or exploitation.

Harris County Community Services Department - Information on transit services, social services, and more.

Harris County Area Agency on Aging - Provides federally-funded social services for the elderly, including benefits counseling and meal programs.

Texas Health and Human Services - Provides a variety of services for eligible older Texans, such as long-term care options and caregiver services.

Interfaith Ministries - Provides home-delivered meals to homebound seniors through its Meals on Wheels for Greater Houston and Galveston County program.

So You Want to Operate an Ice Cream Truck?

Image by Image by Al alma from Pixabay.

Ahhh! The sounds of summer: the chirping of cicadas high up in the trees, the distant rumble of thunder as dark clouds begin to gather in the heat of day, the calliope-like tinkling of the bells of the ice cream truck as it meanders down the street, and the excited squeals of the children as they rush out to greet this rolling vendor of frozen goodness. How many of those kids dreamt of one day having their own ice cream truck and being able to eat ice cream all day long? Who wouldn’t? Unfortunately, it may not be as simple as all that. Here in Texas, as in other states, ice cream trucks are regulated, and operators must obtain the requisite permits to sell ice cream.

At the state level, mobile food units (MFUs) are governed by Chapter 437 of the Texas Health and Safety Code, and the Texas Department of State Health Service (the Department) is the entity through which MFUs are granted permits, except in certain instances mentioned in the statute. Under the Texas Administrative Code (TAC), an ice cream truck also can be classified as a roadside vendor because food is not prepared or processed by the vendor; the ice cream truck operator merely sells the ice cream. Nevertheless, under the TAC, the ice cream truck still is considered an MFU and therefore subject to the permitting requirements established by state law. In this regard, the Department has provided a checklist of requirements necessary to obtain approval for the operation of MFUs within its jurisdiction.

Tex. Health & Safety Code § 437.002 gives a county or public health district the authority to enforce state laws and rules concerning MFUs, but not the authority to adopt laws. In Harris County, persons wanting to operate an ice cream must obtain a permit from the Environmental Public Health Division (EPH) of Harris County Public Health. As part of the permitting process, the MFU must be brought to the EPH for a physical inspection by EPH staff and the Harris County Fire Marshal. Aside from the necessary documentation such as a valid Texas driver’s license and vehicle registration, there are certain equipment requirements that must be met as well as daily cleaning rules.

The City of Houston’s rules governing mobile food units can be found in Section 20-22 of the City of Houston Code of Ordinances. In Houston, an ice cream truck is classified as a restricted MFU, and as such, is the only MFU that can operate on city streets. It must have a CAUTION CHILDREN sign with warning lights and can only stop long enough to distribute the ice cream to interested customers. In addition, in accordance with Tex. Health & Safety Code § 437.0073 and Houston Ordinance § 20-22(c), all MFUs must first obtain a medallion to be able to operate within the city. Houston also requires the servicing of the mobile food unit within 24 hours period preceding operations.

You may wondering, however, about what brought on these ice cream truck musings. Today, August 14 just happens to be National Creamsicle Day, a celebration of that refreshing combination of vanilla ice cream covered in orange sherbet. Although the day has no real historical significance, it’s just fun to think about those things that brought us happiness as children and continue to bring us joy, especially as we melt away on these hot and humid days of August.