Votes for Texas Women Celebrates Today's 19th Amendment Centennial Anniversary

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Suffragists gather in Houston, Texas, in 1912.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

— United States Constitution, Amendment XIX, Ratified August 18, 1920

On August 18, 1920, Tennessee became the 36th state to ratify the 19th Amendment, thereby adding it to the Constitution of the United States. Finally, after decades of campaigning for the right to vote, protesting and petitioning their representatives, and facing opposition and, even, imprisonment, suffragists achieved their goal of a national constitutional amendment.

Today, to commemorate the centennial of the ratification of the 19th Amendment, the Harris County Law Library is hosting virtual symposium featuring three accomplished women from our local legal community, Marie Jamison, Partner at Wright Close & Barger, Professor Renee Knake Jefferson, and Justice Frances Bourliot. They will discuss the history of voting rights for women and the importance of diversity and inclusion in the legal profession.

For details on the symposium, please visit Votes for Texas Women online.

A list of Further Reading, available here and at the link below, will connect you to resources that trace the fight for women’s suffrage from its origins at the Seneca Falls Convention of 1848 to the full ratification of the 19th Amendment in 1920.

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.

Harris County Law Library Offers 19th Amendment Centennial Symposium to All

For Immediate Release
August 14, 2020

The Harris County Law Library announces a virtual 19th Amendment Centennial Symposium on Tuesday, August 18, from 2pm to 4pm. The event, titled “Votes for Texas Women,” will focus on the history of women’s suffrage and the importance of inclusion in law and government.

“We are thrilled to offer this educational opportunity to everyone on the 100th anniversary of the day the 19th Amendment was ratified,” Law Library Director Mariann Sears said. “We hope that sharing the stories from the historical and legal texts of the brave women who fought for the right to vote by protesting and reaching out to their representatives, even as the 1918 pandemic raged on, can connect more people with the rich history surrounding the amendment.”

Mariann Sears, the first woman to serve as director of the Law Library, will welcome three distinguished women from the local legal community to share their expertise. Marie Jamison, a partner at Wright Close & Barger, will share her research into the history of the 19th Amendment and the progress made in the century that followed. Professor Renee Knake Jefferson, the Joanne and Larry Doherty Chair in Legal Ethics Director at University of Houston Law Center and author of Shortlisted: Women in the Shadows of the Supreme Court, will discuss her research concerning the overlooked history of the nine women who were shortlisted for nomination to the U.S. Supreme Court, but not nominated between the 1930s and 1980s. Justice Frances Bourliot, Fourteenth Court of Appeals Texas, will discuss the importance of inclusion on the bench and her experience as an appellate justice.

“The passage of the 19th Amendment, which prohibited denying a person the right to vote on the basis of sex, was an important step toward protecting voting rights in America,” County Attorney Vince Ryan said. “We are pleased with the Law Library’s efforts to celebrate the legacy of women’s suffrage and the contributions of women in law and government over the last century.”

Registration is now open and free to all at https://www.harriscountylawlibrary.org/19thamendment. The program is accredited by the State Bar of Texas for 2.0 hours of continuing legal education credit with 1.0 hour of ethics credit. In addition to the Harris County Attorney’s Office, this Law Library program is made possible with the support of the Houston Bar Association, League of Women Voters of Houston, and Women of Law.

About the Harris County Law Library

The Harris County Law Library opened in 1915 and has continued to serve Harris County’s legal information needs for more than a century. After joining the Office of Vince Ryan, Harris County Attorney, in 2011, the Law Library greatly expanded its technology offerings and services to the public. Ryan’s support for the revitalization of the Law Library was recognized by the American Association of Law Libraries in 2016 when he was named the Law Library Advocate of the Year. To learn more about services and digital collections, visit the Harris County Law Library Virtual Reference Desk at https://www.harriscountylawlibrary.org.

A New Entry Cast into the Vote-By-Mail Fray

Image by conolan from Pixabay

With Election Day a mere three months away, the process by which Americans will be casting votes still remains a bit unsettled, here in Texas and elsewhere, too. The last volley in the litigation fight over the right to submit ballots by mail because of the pandemic was the United States Supreme Court’s denial to vacate the stay that was entered by the United States Court of Appeals for the Fifth Circuit back in June. However, Justice Sotomayor did express some hope that the issues could be resolved by the time of the November election.

Hope may spring eternal, but so far, the voting rules here in Texas are the same as they were before the pandemic arrived in our state. Those wishing to vote by mail must be 65 years of age or older, be disabled as defined by Tex. Elec. Code Sec. 82.002, be away from the county on Election Day and during the period allowed for early voting, or confined in jail, if otherwise eligible. Voters who do not meet one of these requirements must cast their vote in person at one of the designated polling locations on Election Day or during the early voting period. In an effort to reach more voters over the age of 65, the Texas Democratic Party launched a mail-in ballot initiative, targeting the five largest counties in the state, including Harris County. So far, a total of 1.75 million mail-in ballot applications have been sent to eligible Texas voters. For the primary run-off election in July, the Harris County Clerk sent nearly 400,000 vote-by-mail applications to seniors. All indications are that the county clerk will do the same for the general election.

Even though mail-in ballots seem like a godsend in this era of the coronavirus, it is not without its difficulties. The most glaring one seems to be a lack of confidence in the United States Postal Service. The country has seen long delays in mail delivery, and those problems might worsen in the coming months with the implementation of new postal service regulations and funding cuts. Of course, the current delays are merely stoking the fears of those who are eligible to submit mail-in ballots and raising concerns that their ballots will not arrive in time to be counted.

To get around the postal woes, some states are investigating the use of ballot drop boxes. According to the U.S. Election Assistance Commission, a ballot drop box is “a secure and convenient means for voters to return their mail ballots.” Boxes can be staffed or unstaffed. Drop boxes were used for primary elections in Michigan, Hawaii, Montana, Wisconsin, Washington, and Connecticut, to name a few. These, too, were not without their controversies, though. These difficulties range from battles over where to place the boxes to fears that the boxes will invite voter coercion or pressure. President Trump and the Republican National Committee, among others, have filed a lawsuit alleging that the State of Pennsylvania violated the election law and increased the risk of fraud due to the use of these drop boxes. It seems now that the new legal battleground in the vote-by-mail saga is the use of these ballot drop boxes. So far, Texas has yet to throw its gauntlet down in this conflict.

Legal Information at Your Fingertips

Image by fancycrave1 from Pixabay

Navigating the legal system is difficult enough, but imagine how complex and overwhelming it can be if you are maneuvering through it on your own without the help of experienced and knowledgeable legal counsel. Sadly, according the Self-Represented Litigant Network, a coalition of legal and non-legal professionals who seek to close the justice gap and reform the justice system, an estimated 3 out of 5 people involved in civil matters go to court without an attorney. We at the Harris County Law Library try to do our part by promoting open and equal access to justice for all and providing access to relevant, current, and accurate legal information. If you are a regular follower of our blog, you know that we sing the praises of TexasLawHelp.org, which has a wealth of information for self-represented litigants. However, we would also like our readers to be aware of some other websites that have a good selection of legal resources and lots of good legal information.

State Bar of Texas

On the webpage for the State Bar’s Legal Access Division, users can find links to a referral directory for legal services available to low-income Texans, a legal aid directory, a lawyer referral service, and Texas Lawyers for Texas Veterans, a State Bar program for military veterans. The State Bar also has available many free legal resources and pamphlets that cover a wide array of topics, such as the basics of the legal system, family law, immigration, and many more. Visitors can either download the pamphlet or request copies from the State Bar. Pamphlets are also available in Spanish.

The People’s Lawyer

Richard Alderman, author of Know Your Rights! and professor emeritus at the University of Houston Law Center, is known as “The People’s Lawyer,” and for good reason. Alderman is the force behind the popular website, The People’s Lawyer, which covers a wide array of legal topics from auto accidents to landlord/tenant law to small claims court. Users can find links to Texas consumer protection statutes and related federal consumer laws as well as links other useful websites relating to topics, such as lemon laws and product recalls, tax tips, and elder law. There is also an FAQ section with answers to common legal questions.

FindLaw

Another online resource for self-represented litigants looking for legal information is FindLaw, which is part of the Thomson Reuters family of businesses. FindLaw’s Learn About the Law section has informational articles about various topics including criminal law, employment law, family law, consumer protection, and so much more. Texas users can find links to Texas-specific laws and even some city-specific information, too. There are blog posts and podcasts about current legal issues that users may find interesting as well.