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8/9/2019 TX Citizen 2.5.15
1/16
VOLUME FOUR
I S S U E S IX
02.05.15
VOLUME FOUR
I S S U E S IX
02.05.15
More Fun wi th Chapter 38 0 | S c i ento l ogy Update | Co l by on V ac c i nes
" R e a c h
f o r t h e s t a r s .
" —
C h r i s t a M c A u l i f f e
$ 2
, 3 6 2 ,
7 7 6 .
1 2
PLUS : 7 DAY NEW BRAUNFEL S L IVE MUS IC GU I DE
PLUS : 7 DAY NEW BRAUNFEL S L IVE MUS IC GU I DE
The Stars at Night
don't Shine Bright
for P&Z(But they're good enough for us.)
The Stars at Night
don't Shine Bright
for P&Z(But they're good enough for us.)
SEASON RESULTS: PAGE 14!
PRICKLY PEAR
LOUNGE
8/9/2019 TX Citizen 2.5.15
2/16
T X C
I T I Z E N
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T X C i t i z e n i s p u b l i s h e d
e v e r y T h u r s d a y .
O n e c o p y ( p e r p e r s o
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a v a i l a b l e f r e e o f c h a
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c o n s e n t o f T X C i t i z e n r e q u i r e d t o r e m o v e
m u l t i p l e c o p i e s f r o m
d i s t r i b u t i o n p o i n t s .
M u l t i p l e c o p i e s a n d
b a c k i s s u e s a r e a v a i l a b l e
a t T X C i t i z e n o f fi c e s
f o r $ 2 . 5
0 e a c h .
S T
A F F /
C O N T A C T
P u b l i s h e r / E d i t o r - i n - C h i e f M i k e R e y n o
l d s
D i r e c t o r o f D i s t r i b u t i o n C h a s e C o c h r a n
A r t D i r e c t o r K a y l a W a
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A d
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l e s @ t x c i t i z e n . c o m
D i s t r i b u t i o n :
d i s t r i b u t i o n @ t x c i t i z e n . c o m
2 AD SALES 830.358.2493
table of contents
8Citizen
SoundcheckThe ONLY guide of i ts kindfor the NB/SM Metroplex!
4County BeatLocals gear up for the usualfight over development, citethe requisite impendingenvironmental terrors.
12
14Line Crushers
Our NFL handicappingcontest is back for 2014!
1st WordChapter 380 fal lout, cranky
people complain about therock and rol l music, and
we fina ll y got ou rse lv es aLinecrushers! winner.
3
Due ProcessUpdates on all manner of cases
stalled over at the courthouse. 6MegatorialDark skies at night.Or not.
7
Last Word
On vaccinationsand government.15
The County ’sMost WantedLook Daddy!Mommy’s in the paper!
Ask a MexicanGustavo offends intwo languages.
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Karaoke EveryThursday @ 8:30pm
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WORD
8/9/2019 TX Citizen 2.5.15
3/16
TXCITIZEN.COM 3
Chapter 380 GrabsPublic’s Attention
Last week’s column on City Staff’sproposal to formalize a Chapter
380 program to augment the
role of the 4-B Board generated
quite of bit of interest. This letter
from Lance Frierson was the best of
the bunch that we received. Check it:
It is really time for the people of New
Braunfels to wake up and make their voices
heard. This 380 corporate welfare thing is
absurd along with the 4B board.1. It is corporate welfare plain and
simple period.
2 It is wealth redistribution. Taking taxpayer
money and then giving to the 1%’ers is wealth
redistribution plain and simple.
3. It is actually time for the 4B board to be
done away with. There is no reason to be giving
this organization of elitists 25% of the money from
sales tax rebates (It’s actually 33% - Editor) from
the state back to the city. This is taxpayer money.This is money that is supposed to go towards
lowering the amount of property tax that the city
collects from the people. And now the elitists of
the city want even more through this 380 crap?
4. History, learn from it. Where has the 4B
board money gone?: Scooter Store: how much
money was given to them? Were the people in
charge there ever prosecuted? Are the former
owners held accountable or are they hiding
behind LLC’s, corporate bankruptcy laws andlawyers? Are they living in squalor or are they
living in a mega mansion compound? Legal fees
charged with this fiasco. How much? Did all the
legal fees involved in this fiasco come from 4B
money? Shouldn’t the 4B board pay all these
legal fees instead of the money coming from the
coffers of the city? History, learn from it.
Walmart, Buc-ees, HEB, etc. Come on Man;
you got to be kidding; let’s not forget the new
parking lot for the NB Smokehouse warehouse.5. Free enterprise: 4B and 380 is NOT free
enterprise. It is giving an unfair advantage to
the businesses that get the welfare boost. Think
about it. Can the little guy with the mom and
pop service station and quick stop compete
with places like Buc-ees? Arlan’s came into town
without the benefit of 4B money that HEB got.
Free enterprise can work.
6. IBEX Global and CBE: 4B money went
to both of these corporate welfare companies.IBEX is a media call center company that got
money along with their landlord (San Antonio
corporation) and they just HAD to
have a backup electrical generator
for their building. CBE is a
debt collection company from
Iowa and they along with their
landlord just had to have a
backup electrical generator also
(birds of a feather). So now you have
local corporations (landlords) working
hand in hand with out of state corporations to
get taxpayer funded infrastructure improvements
to their buildings. Yes, it is perfectly legal under
4B guidelines and yes the city legally retains
ownership of the generators but does anyone
really think these generators will ever be sold or
leave these buildings once the current tenants
leave? If you do I have two bridges in town
I would like to sell you. Think about this: Since
infrastructure improvements are allowed under 4B
guidelines, probably the next thing to happen is
for some corporation to build a building with no
plumbing or electrical and then go before the 4B
board and ask for that. Hated to throw that one
out there and give them the idea, but there it is.
7. 4B likes to “cook the numbers”. I along
with another citizen went to the 4B board
special meeting for the CBE fiasco. One
member presented a slide presentation listing
the supposed benefits to the city for the CBE
approval. One was property tax on the building.
In other words approve this and the city gets
property tax from the landlords. It was pointed
out by the other gentleman that property taxes
ARE PAID regardless if the building is rented or
not. Cooking the numbers plain and simple.
8. Transparency of 4B: Try finding out
information from the city’s website about 4B
such as members name and contact information,
detailed information to be presented at 4B
meetings, etc. If it’s there I for one could not find
it prior to the CBE special meeting.
Bottom line people and taxpayers of New
Braunfels: I don’t know what it would take to
get rid of the 4B board, whether just a vote by
council or special election, but it needs to be
done along with the snuffing out of this 380
corporation crap. This is one of the reasons
my wife and I moved out of New Braunfels.
The people of New Braunfels are some of the
greatest people I have had the pleasure to meet
and deserve better. Please do not let the elitists of
the city ruin it for you.
Lance Frierson
Continued on page 5.
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COUNTY BEATCOUNTY BEAT WITH NICK ROGERS WITH NICK ROGERS
Cranes Mill Water TreatmentPlan Meets OppositionA proposed Comal County subdivision has met
resistance from neighboring residents. Those livingon South Cranes Mill Road are particularly irked
by the water treatment plans for the subdivision.
Those adjoining the proposed
development were notified a couple of
weeks ago of the plant via a letter from the
Texas Commission on Environmental Quality.
However, the permit for the water treatment
system was filed with TCEQ on November 6.
“Let’s not be politically correct, here,
and call it what it actually is: treated sewagewater,” said Ed Harris, who is spearheading
the protest for the Friends of Dry Comal Creek.
The TCEQ letter to neighbors abutting the
proposed subdivision notified that the Randolph
Todd Company, out of Austin, “has applied
to the Texas Commission on Environmental
Quality for proposed Texas Pollutant Discharge
Elimination System to authorize the discharge
of treated wastewater at a volume not to exceed
a daily average flow of 390,000 gallons per
day. The discharge route is from the plant site
to Dry Comal Creek.”
The Commission also notified residents
that they can view the application at Bulverde
Spring Branch Public Library. Those interested
can also make a copy of the 120-page permit
application from the library, at their own cost.
One of the primary concerns for
Harris and his colleagues is that the treatedwastewater will be pumped over an Edward’s
Aquifer recharge zone.
“They’re pulling a fast one,” he said,
referring to Randolph Todd Co. “The Texas
Commission on Environmental Quality, per
their regulations, has a special Edwards
Aquifer permitting that says what you can and
can’t do over the recharge zone.
“The way they’re skirting this is to build
the treatment plant down Dry Comal Creek,next to my property,” Harris said. “That’s
where they’ll put the pump stations. They
will then pump that treated sewage water up
past the Edwards recharge zone and then
discharge it there because you can’t discharge
directly in a recharge zone. But what goes up
must come down. Therefore, it’s going to come
back through the recharge zone.”
According to Harris, the treatment
process isn’t actually a treatment facility, but a
bigger version of the septic system he uses on
his own property.
“It’s treated sewage water, but it’s not
treated all that well because it’s nothing more
than the same Aerobic system that I use in my
own backyard,” he said. “But (Randolph Todd
Co.) is going to link four of them together and
put a lift gate on one side and, on the other
side, it’s chlorinated.”
Harris said that his Aerobic system, as
well as others in Comal County, treats the
wastewater and displaces it over the property
via sprinklers. “But what they are talking about
doing here is to pump the untreated water
down to the treatment system, then pump
that treated sewage water back up through a4-inch pipe into the creek,” he said.
Another concern for the group is the
potential for flooding. While the creek is dry, it
does not remain so during heavy rains.
“When it rains, I can have class 4 to 5
rapids through my property,” Harris said. “I
have to take my fences up once every year
when we have heavy rains.”
After being dumped into the Dry Comal
Creek, the treated wastewater will run downthe creek and, according to Harris, empty into
the Comal River at the Wurstfest grounds.
Last week, Harris spoke to County
Commissioners with members of Friends of
Dry Comal Creek behind him.
In an email this week to Commissioners,
Harris said that the Friends of Dry Comal Creek
are not against development, per se. “We are
against uncontrolled development (1,500
Homes on 735 acres and Sewage Treatment
Plant) with no environmental oversight because
Comal County, unlike the cities within its
boundaries, does not engage in these matters.”
Harris said he wants Commissioners to
recognize there is a serious problem with
the subdivision and its proposed water
treatment system.
“There is something they can do,” he
said. “They can come out and say, ‘We’renot for this.’ They should step forward and
request that an environmental study be done,”
which Harris noted is not required prior to a
permit application.
However, Comal County Judge Sherman
Krause said Commissioners can’t possibly
comment yet because the County “has not
received any application for a subdivision
(plat), and as of last week, the property has
not even been sold.”The group maintains a Facebook page,
Friends of Dry Comal Creek.
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just that information It will be interesting to slogans and ironic preferences in beverages
8/9/2019 TX Citizen 2.5.15
5/16
TXCITIZEN.COM 5
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Live TriviaTuesdays 7:30 - 9:30
50 Cent WingWednesdays
Fat Tuesday Party& Crawfish Boil!
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Continued from page 3.
Truer words than these are rarely spoken,
and bear repeating: “Since infrastructure
improvements are allowed under 4B guidelines,
probably the next thing to happen is for some
corporation to build a building with no plumbing
or electrical and then go before the 4B board
and ask for that.” Mr Frierson is right about what it would
take to dissolve 4-B. Every time 4-B consultant
Michael Meek answers a question about 4-B,
he makes sure to place the responsibility for
the situation on the shoulders of the electorate,
with a reminder that 4-B exists because voters
approved it. Of course, what they approved was
sold to them as a program heavy on road and
drainage work, which got top billing. Here’s the
text from the Houston-Owned Herald-Zeitung
back in 1995. This is the information the public-
at-large was basing their vote on. Look:
“First, the May 1995 special city election
contained provisions setting aside 4B funds for
‘street and drainage projects’ and for ‘land,
buildings, and equipment for library/learning
centers, parks/golf course, public safety, municipal
buildings, convention center, and other related
facilities, including the maintenance and operating
costs of any such projects mentioned above.’”
Why, there’s nothing at all there about
buying stuff for landlords so they can rent their
places out, or handouts to businesses to entice
them to move to New Braunfels, or, in the case
of The Scooter Store, to keep them from making
good on a threat to move to San Marcos.
People in this town are desperate for street
and drainage improvements, and will vote foranyone or anything promising that work that be
done. Which is why the work isn’t done. To fix
the roads would be to kill the goose that lays
the golden justification for tax increases. While
TXDoT is already working on the Business 46
widening project, Walnut Avenue remains
incomplete. Well over a year overdue.
Anyhow, yeah, it will take another election to
repeal 4-B. City Council could do it on their own,but there hasn’t been a public-to-private money
transfer scheme yet created that a politician is
willing to part with - after all, that’s the very basis
of political stroke. So if you want 4-B gone, you’ll
have to get yourself a special election. Haha.
Good luck with that. We laugh again. Haha. 4-B
is laughing too. Everybody’s laughing.
We thought it might be fun to go back and
have a look at all the 4-A and 4-B contractsthe City has entered into over the years, so
we’re preparing an open records request for
just that information. It will be interesting tosee how many of those businesses are still
in town, how many are still in business, and
exactly what they were obligated to do in
return for that sweet, sweet public cash. If
recent 4-B contracts are any indication, the
community at large was dreadfully under-
protected in those deals.
Noise OrdinanceGains TractionHaving failed with their disposable container
ban, our local anti-fun coalition has decided
to move on to another small-business target,
namely live music. While a new noise
ordinance has been bandied about for a
good long time, it took the Pour Haus, which
features its live music in the outdoors andkind of near a residential neighborhood, to
raise public ire. Now, in the case of people
complaining about noise on the rivers, I have
to say, “Hey man, you knew there was a
tourist-happy river there when you moved in.
In fact, it was there before your house was
built. Don’t complain – makes you look silly.”
But in the case of the Pour Haus, well, the
houses were there first. This puts the Haus in adecidedly weaker position to argue from. On
the other hand, many of the nearby homes are
closer to the railroad tracks than the bar, and
while the bar might be loud, it sure as heck
isn’t as loud as a train, and the residents went
ahead and moved in next to the tracks without
a problem. I’d figure they’d be immune
to music given the earth-shaking nature of
locomotives. (For the record, I’ve lived nextto Los Angeles International Airport, railroad
tracks, and bars. Given that choice again,
I’d take the steady drone of LAX over the
incessant bass-thump coming from the Double-
Down Saloon or the sheer terror inspired by
Union Pacific at 3am. Hands down.)
The big problem here is that whatever
solution the City deems appropriate for the
uniquely situated Pour Haus will be applied toall New Braunfels music venues regardless of
location, with an extra four-decibel allowance
for those in commercial zones. (To give you
an idea of what four decibels sounds like, it’s
comparable to a whisper. At six-feet away. In
a library.) In other words, live music may have
to go all-acoustic in order to comply with the
ordinance as written, which will significantly
increase our hipster population (which posesan immediate threat to our fair city, what with
their ironic lumberjack beards and ironic t-shirt
slogans and ironic preferences in beveragesand whatnot). The first vote on this will likely
come next week, and we’ll break the whole
thing down for you in our February 12 issue,
hipster menace notwithstanding.
Linecrushers!Champion DeclaredA rare end-of-season tie, which continued
throughout the NFL playoffs, was finally broken
on Sunday, as our two final players - Haley
Coleman from the Prickly Pear and Tatum
DeLeon from the Watering Hole Saloon - brought
our annual pro football handicapping contest to
a nail-biting conclusion.
These two had been unwittingly duplicating
each other’s picks against the spread for weeks,
so we had to bring out the crazy prop bets for this
one. When it was almost all said and done, the
entire season came down to this single question:
“Should Marshawn Lynch score, will he grab his
crotch?” Haley answered yes, Tatum, no, and
a last-minute, intercepted pass thrown into the
hands of the New England Patriots sealed the
deal on that one.
Tatum DeLeon is our 2015 Linecrushers!
champion, and the winner of $500 cashmoney! Big thanks to everyone who played this
year, and to our league’s sponsor bars, who
were also competing against one another, and
finished in this order:
First Place - The Prickly Pear Lounge
Second Place - The Watering Hole Saloon
Third Place - The Happy Cow
Fourth Place - Buffalo Wings and Rings
Fifth Place - Scores Sports Bar and Grill
Now get some rest. The whole thing starts
again in September.
\m/
Mike Reynolds
Publisher/Editor-in-Chief
8/9/2019 TX Citizen 2.5.15
6/166 AD SALES 830.358.2493
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Due Process WITH NICK ROGERS
Rathbun vs Scientology The Third Court of Appeals continues
to receive motions from the Church of
Scientology even months after oral argumentswere heard by the Court.
Most recently, the Church of Scientology
International filed a Notice of Supplemental
Authority in attempt to buttress its case that
a harassment lawsuit against it violates the
Church’s First Amendment rights.
The Church filed an Anti-Strategic Lawsuit
Against Public Participation motion in the
lawsuit filed by Monique Rathbun. Rathbun
filed suit in Comal County, arguing that CSIorchestrated a campaign of harassment and
stalking against her. Rathbun’s husband,
Marty Rathbun, was once the second highest-
level official in the Church and began publicly
speaking out against the Church. The couple
moved from their home at Ingleside on the Bay
to Comal County where, Rathbun claims, the
harassment and spying continued.
In response, CSI filed an anti-SLAPP
motion, arguing that Rathbun’s lawsuit violatesthe Church’s First Amendment rights. District
udge Dib Waldrip rejected the Church’s
arguments, leading to the appeal.
The Church’s most recent filing notified the
Court of Appeals of a California appeals court
ruling in favor of the Church on anti-SLAPP
grounds. Texas’ anti-SLAPP law is based upon
the California model.
In the California case, Vance Woodward
sued CSI, demanding a refund for moneyhe spent while a member. As in the Rathbun
case, the Church filed an anti-SLAPP motion,
in which the court agreed, primarily because
Woodward’s offense with the Church was
based upon its religious practices.
“Plaintiff’s causes of action all arise from
Defendants’ religious activities,” the California
appeals court ruled. “The claims all relate to
religious instruction, counseling and related
religious services. And Plaintiff has made awholesale challenge to the principles and
practices underlying Defendants’ religious
doctrine. All of this involves religious speech,
which is protected under the free speech
clause of the First Amendment.”
The Court rejected Woodward’s argument
that the case was simply one of breach of contract.
“The overwhelming content of Plaintiff’s
34 page complaint consists of challenges to
the teachings of the Scientology organization,challenges to Plaintiffs’ standing and
relationship with the Scientology organization,
and challenges to the value of the services
that Plaintiff received from the Scientologyorganization,” the Court wrote, adding that
“Plaintiff’s challenges to Defendants’ religious
principles and practices raise a religious dispute
that is not proper for the courts to decide.”
In her response, Rathbun attorney LeslieHyman noted the Court’s rationale, arguing
that the Woodward decision does not apply in
the Rathbun case.
“Ms. Rathbun’s claims, on the other
hand, relate to stalking and harassment, not
religious instruction, counseling, or services,”the response contends. “To the extent that
she incidentally references COS’s arguablyprotected speech, that speech does not form
the basis of her claims.”
As well, Rathbun noted that the Court’sruling “is the subject of a motion to reconsider”
that had not been heard until just recently with
a final decision still forthcoming. The California
Supreme Court could eventually weigh in on
the matter, thus making a decision based upon
the California appeals court ruling premature.
By law, pretrial motions in the lawsuitcannot proceed until the anti-SLAPP motion
has been decided.
Still No RulingThe lawsuit by three towing companies against
the City of New Braunfels remains in stasis.
The companies sued, arguing that City Council
violated its own rules and standards in an
unfair decision on which companies should becontracted to all local non-consent tows. The
companies also accused the City of violating
the Open Meetings Act.
Favoring the towing companies, Judge
Waldrip ruled that the courts had proper
jurisdiction in the case, which the City appealed.No ruling has yet been released by the
Third Court of Appeals, even though the
appeal was filed almost a year ago.
A new towing plan is currently making itsway through the Council approval process.
Can-Ban Arguments DelayedOral arguments still remain to be set before the
Third Court on the City’s appeal of a judge’sruling in favor of various river outfitters. The
outfitters sued New Braunfels over the disposable
container and cooler size ordinances.
Arguments were tentatively set forFebruary 11, but the outfitters asked that date
be postponed. A new date has yet to be set.
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8/9/2019 TX Citizen 2.5.15
7/16TXCITIZEN.COM 7
“Turn Out That Light!”anuary 26, 2015, is a day that will live in
infamy in New Braunfels. It’s the day thatCity Council finally said “No” to a ridiculous
recommendation that came from one of its
plethora of committees. The recommendation
that council quashed, which came from the
City’s Planning Commission, was to force
a complete “Dark Sky Initiative” upon the
residents and businesses of NB.
For those who don’t know, the Dark Sky
Initiative is an idea put forth by the International
Dark Sky Association (IDA), a non-profit group
out of Arizona, whose mission is to stop “light
pollution” in the US. They cite light pollution
as causing a number of problems, such as:
disrupting migratory bird patterns, human
sleep deprivation and star washout. Basically,
it’s an organization that tells you to turn out the
lights, to the tune of $3.3 million over the last
five years, and whose President pulls down
over $100,000 per year (source: Guidestar.org). They’ve also successfully lobbied in
Washington to pass legislation that requires
all low-impact lighting to carry a seal of
approval… from the IDA, and only the IDA.
The Dark Sky idea itself isn’t a bad one.
Everyone enjoys a dark backyard. We all
like looking up at the stars. It’s the way the
P&Z wanted to go about it that caused the
backlash. You don’t start a new venture as
an “all or nothing”. You don’t wake up one
day and say, “I’m going to start a delivering
my new product to every person in New
Braunfels, without asking if they want it or
not”. No, that’d be pretty stupid, and would
fail miserably. You’d probably have to move to
Austin or somewhere to hide from the shame.
You start out small, see how you’re received by
the public, check the success and outcomes of
the applications, then build from there.If the Planning Commission had come
to Council with the idea of applying the
Dark Sky Initiative to just the street lamps
and billboards in town, with a time-table to
measure the success and look at business and
residential applications in the future, I believe
the outcome would have been a vote in the
positive. But, with the history of Council simply
rubber-stamping every hair-brained idea that a
committee comes up with, it’s no surprise thatP&Z was playing the odds.
According to the IDA’s website, the
biggest malefactors to the night skies are street
lamps and billboards. The P&Z could have
easily recommended that Council require allbillboard lighting to be downward-facing,
and that all street lamps be fitted with IDA
approved heads and bulbs.
With the billboard quickly becoming a
tool of the past in cities across the nation, I’m
positive that the owners of the ones in town
would have been more than happy to switch
out the lighting if they were told to either make
the change or remove the sign completely.
Heck, we could have probably gotten 4-B topay them to do it. Upward-facing lighting on
signage is approximately 90% “wasted”, or
lost to the night sky, according to the IDA.
It’s All About the Benjamins,Baby As for the street lamps, P&Z and Council really
dropped the ball. The City “owns” NBU. It’s ourelectric company. Yes, they have a board of
directors, but like any other board, they simply
make recommendations to the owner. The final
decision is in the boss’ hands. In a letter to the
P&Z, and subsequently the Council, NBU pretty
much told them there was no way they could
bring all the lamps up to IDA compliance. And
Council took it, hook, line and sinker. NBU
used a bunch of numbers and $2 words to
confuse and distract from the topic.
According to NBU, there are
approximately 3000 street lamps in town. Of
those, 1750 have IDA compliant heads, but
non-compliant sodium vapor bulbs. The cost of
an IDA compliant head with the wrong bulb
is $73. One with the correct bulb is $252.
It would cost NBU $98,550 to bring every
remaining lamp head into compliance with the
non-compliant bulb, and $756,000 to convertall 3000 lamps to 100% compliant heads
and bulbs. NBU acknowledges the fact that
the replacement would pay for itself down the
road, but points out that until all the lamps are
changed (which they claim they can’t affordto do all at once), there would be different
colored lamps in neighborhoods. Gasp!
Side Note: There are seven street lamps
on my street. Three are blue in color, four are
amber. Oh, the humanity!
The biggest load of hooey NBU sold in
their letter involved the antique-style lamps
popping up all around town (Think Walnut and
the San Antonio Street Bridge). The current,
non-compliant lamps run $659 a piece. Tomove to a complaint lamp, the cost would
come in at $1442 each. NBU claims there’s
just no way they can do that. There’s only 50
of these antique lights around town, with the
majority of them being on Walnut.
For the sake of the maths, let’s assume
they’re all on Walnut:The 50 lamps cost $32,950. The compliant
lamps would have cost $72,100. That’s a
difference of $39,150. The Walnut project came
in at $27.8 million. Yeah, that extra 39 grand
would have just been over the top. Probably
would have shut the whole project down.
The real kicker here is that NBU can easi ly
afford to switch out every street lamp in town,
antique or otherwise. And the fact that Council
is essentially letting their employees tell them
what to do is ludicrous. A little over six months
ago, NBU received a jury settlement of $15.6
million in their lawsuit against the LCRA for
overcharges. Council has already allowed
NBU to decide that the money won’t be going
back to its customers (you know, the ones who
paid the overcharges for years). Why not show
some backbone for once and force NBU to use
a measly $828,100 out of $15.6 million tobring all the street lamps up to compliance,
and help darken our skies just a bit?
Road Trippin’If you’re not content with the impressive
amount of stars we can see here in NB, you’regoing to have to leave town to gaze at the
night sky in its unmolested glory. Luckily, we
are fortunate enough to live in an area with
around a half-dozen or more quite dark State
Parks within an hour’s drive from town. A fact
that was met with harsh criticism, accusing me
of “not giving a damn about those of us who
either can’t drive or don’t drive at night”, when
I pointed it out in a chat forum on the topic of Dark Skies being shot down by Council. I was
also informed that “only a star or two can be
seen at night” in New Braunfels. Perhaps a
new eyeglass prescription is in order for my
housebound friend.
What’s funny about that forum, and the
multiple letters-to-the-editor in the Houston-Owned
Herald-Zeitung fully supporting the measures
and chastising Council for its dissenting vote
(and the many subsequent online comments tothose letters), is that at the three public forums
held on the Dark Skies subject, not one single
person from the public showed up to speak on
its behalf. There were several who spoke against
it, but not one in favor. If something is important
to you, how is your representative supposed to
know it if you only speak up after the fact? Be
proactive. It’s amazing what can happen if you
just let your voice be heard.The simple fact is, you either live in the city
and enjoy its amenities and venture out if you
want to experience the country, or you live in the
country to enjoy nature and darkness and go into
the city to utilize its amenities. You can’t have both.
My in-laws live in The Middle of Nowhere,
Minnesota. I never knew there were stars like I
could see out there. You can even see hints of
the Northern Lights some nights. But you know
what you can’t see? A dentist office. Or a Wal-
Mart. Or a mechanic. It ’s almost an hour’s drive
to the nearest city with those amenities. They
choose to live there for the joys of the country.
It’s one or the other. You can never make a city
the country. It’s not going to happen
Until Council decides to step up and
initiate at least the billboard and street lamp
requirements, the Dark Skies Initiative in New
Braunfels is, as P&Z member and KitchenCabinet whipping-boy Matthew Hoyt so
eloquently put it, “DOA. It’s over”.
ME AT RIAL WITH CHASE COCHRAN
New Braunfels’ night sky, according to Jim Alston.
8/9/2019 TX Citizen 2.5.15
8/168 AD SALES 830.358.2493
Thu 2.5
Adobe Verde
Scott Boddicker
6pm
Oma Gruene’s Secret Garten
Jam Night
6pm
Phoenix Saloon
Marcus Morales
5pm
AJ’s Ale House
Rock & Roll Sing Along Piano Bar Show
9pm
Gruene Hall
Poor J Brown
6pm
The Pour Haus
Russell Bisbey
8pm
Riley’s Tavern
Pete Benz
9pm
Fri 2.6
Adobe Verde
Mayeux & Broussard
6:30pm
Black Whale Pub
Slim Bawb
8pm
The Happy Cow
Justin Reimer Band
8pm
Oma Gruene’s Secret Garten
JumboFunk!
6:30pm
Phoenix Saloon
Junior Nash
5pmBrother Nothing
9pm
Watering Hole Saloon
TBA
8pm
AJ’s Ale House
Rock & Roll Sing Along Piano Bar Show
9pm
Alpine Haus Restaurant
Off the Grid Polka Band
6pm
Billy’s Ice House
Dean Seltzer
8pm
Gruene Hall
Sean McConnell
w/ Folk Family Revival
8pm, $15
The Pour Haus
Jackson Parten Trio
8:30pm
Riley’s Tavern
Big John Mills
9pm
Vineyard at Gruene
Billy Snipes
7pm
Sat 2.7
Adobe Verde
Bru Erdman
6:30pm
Black Whale PubThe Vagabonds
9pm
The Happy Cow Hadlock Brothers
9pm
Oma Gruene’s Secret GartenThe Jamie Krueger Group
1pm
Smokehouse Guitar Army
6pm
Phoenix SaloonGuadalupe Pirates
9pm
AJ’s Ale HouseRock & Roll Sing Along Piano Bar Show
9pm
Billy’s Ice HouseThe Fearsome Foursome
8pm
Gruene HallBo Phillips
1pm
The Dirty River Boys
w/ Bo Phillips
8pm, $15
Y OUR LI VE M
U SI C GUIDE
NB Farm to Market Mon 2 9GET YOUR
8/9/2019 TX Citizen 2.5.15
9/16TXCITIZEN.COM 9
NB Farm to Market
Daniel Thomas Phipps
9am
The Pour Haus
Whiskey Rodeo
9:30pm
Riley’s Tavern
Zach Walther
9pm
Vineyard at Gruene
Clarence Castillo
7pm
Sun 2.8
Oma Gruene’s Secret Garten
Arms Leng th
2pm
Phoenix Saloon
Adam Johnson3pm
True Audio Outland
7pm
Billy’s Ice House
Justin Bravo & the K ind
8pm
Geronimo VFW #8456
Czechaholics
3pm
Gruene Hall
Bret Graham
12:30pm
Mike Zito
4pm
The Pour Haus
The Vagabonds
8pm
Mon 2.9
Billy’s Ice House
Corey Kane
8pm
Gruene Hall
Bret Graham
6pm
The Pour Haus
Paul Eldridge
8pm
Tues 2.10
Watering Hole Saloon
TBA
8:30pm
Gruene Hall
Tres Womack & Friends
6pm
The Pour Haus
Open Mic w/ Jon Magill
8pm
Wed 2.11
Phoenix Saloon
Swing Dance Night
8pm
Billy’s Ice House Aaron Stephens
8pm
Gruene Hall
Tom Gillam & the Kosmic Messengers
6pm
The Pour Haus
TBA
8pm
Vineyard at Gruene
Zack Walther
6pm
SOUNDC HEC K BROUG HT TO Y OU BY :
GET YOURMUSIC ON
Adobe Verde1724 Hunter Rd
830.629.0777
Black Whale Pub367 Main Plaza
830.625.6605
The Happy Cow 9103 FM 1102
512.667.7510
Oma Gruene’s Secret Garten1263 Gruene Rd
830.625.1045
Phoenix Saloon193 W San Antonio St
830.643.1400
Watering Hole Saloon1390 McQueeney Rd
830.625.0045
AJ’s Ale House236 W San Antonio St
Alpine Haus Restaurant251 S Seguin Ave
Billy’s Ice House1193 Loop 337
Gruene Hall1281 Gruene Rd
The Pour Haus343 W San Antonio St
Riley’s Tavern8894 FM 1102
River Road Ice House
1790 Hueco Springs Loop Rd
Vineyard at Gruene1190 Gruene Rd
Vino en Verde2351 Gruene Lake Dr B e s
t
F u l l B a r !
Best Sig natur e Shot“ T he P ur ple G ec k o” !
BESTOF THE
WURST
2014
double winner!
PRICKLY PEAR
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THUR & SAT
The Karaoke King, Johnny V!!
FRIDAYDJKC Rocks the House!!
SUNDAY FEB 8
Closed for new flooring
MONDAY FEB 9
Closed for new flooring
TUESDAY FEB 10
Closed for new flooring
WEDNESDAY FEB 11
Closed for new flooring
THURSDAY
Johnny V, The Karoke King!!
LOOK FOR THE NEW PEAR!
KEEPIN' IT
PRICKLYSINCE
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1051 N. IH-35
| Like us!
In The Ramada 830-625-8017
8/9/2019 TX Citizen 2.5.15
10/1610 AD SALES 830.358.2493
Fri 2.6
Cheatham Street Warehouse
Jonny Burke
w/ Drew Fish
9pm
The Continental Club
Club Lineup:
The Blues Specialists, 6:30pm
Chris Watson
w/ Soul Track Mind
10pm, $10
Gallery Lineup:
Robert Kraft Trio, 8:30pm
Mike Flanigin Trio, 10:30pm, $5
Floore’s Country Store
Bart Crow
w/ Dalton Domino
7pm, 18+, $12-$15
Luckenbach Dance HallHayden Whittington
4pm
Sol Patch
7pm
Red Eyed Fly
TBA 8pm, Outside
Sam’s Burger Joint
Terri Hendrix & Lloyd Maines
7pm, $15-$50
Stubb’s BBQ
The Rocketboys
9pm, Inside, $10
Sat 2.7
Cheatham Street Warehouse
Ponty Bone
9pm
The Continental Club
Club Lineup:
Redd Volkaert, 3:30pm
The Derailers
w/ Rosie & the Ramblers
10pm, $10
Gallery Lineup:
Hillary York, 8:30pm
Mike Flanigin Trio, 10:30pm, $5
Floore’s Country Store
Roger Creager
w/ The Statesboro Revue
7pm, $15-$20
Luckenbach Dance Hall
Jimmy Lee Jones1pm
Doug Moreland Trio
7pm
Red Eyed Fly
TBA
9pm, Outside
Sam’s Burger Joint
Monte Montgomery
8pm, $13-$60
Stubb’s BBQ
William Clark Green
w/ John Baumann
9pm, Inside, $12
OUTOF
Special Events Monthly
Private Parties- Catering
Wedding Facilities Available
Never a Cover!
Kid & Pet Friendly!
1263 Gruene Road • 830.625.1045
Call for Hours!
omalovesyou.com
Special Events Monthly
Private Parties- Catering
Wedding Facilities Available
Never a Cover!
Kid & Pet Friendly!
1263 Gruene Road • 830.625.1045
Call for Hours!
omalovesyou.com
FEB 5@ 6 JAM NIGHT
FEB 6@ 6:30 JUMBOFUNK!
FEB 7@ 1 THE JAMIE KRUEGER GROUP
@ 6 THE SMOKEHOUSE GUITAR ARMY
FEB 8@ 2 ARMS LENGTH
FEB 12@ 6 JAM NIGHT
FEB 13@ 6:30 HIPSONIC
Upcoming Events:
BESTOF THE
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2014
double winner! Best Beer Bar
& Best Bartenders
Freiheit Country Store
Karaoke
Friday Nights, 8pm
Happy Cow
Karaoke
Thursdays Nights
Old Ice House
Karaoke
Thursdays, Sundays
DJWednesdays, Fridays, Saturdays
Phoenix Saloon
Karaoke
Thursday Nights
Prickly Pear Lounge
Karaoke
Thursdays, Saturdays
DJ KC
Fridays
The Watering Hole Saloon
Karaoke
Thursdays
DJ
Fridays, Saturdays
diversions
8/9/2019 TX Citizen 2.5.15
11/16TXCITIZEN.COM 11
Don’t let the cold catch you!
830-625-2420 • [email protected] • 1617 BUSINESS 35 S.
GUADA • COMA
$
85 Heating System Inspection Special!
Don’t let the cold catch you!
While I may have moved to New Braunfels only a few short
months ago, I have already taken up some pastimes that my
friends back home describe simply by saying, “That is so New
Braunfels.” Aside from the obvious wkends spent floatingthe river, consuming pitchers of br and sausages by the
dozen at Wurstfest, and enjoying the waail downtown at
Waailfest, those pastimes include frequenting a local wine
bar where you wi often find me swiing a gla of the
award-wiing Tempranio and playing some old country tunes
on my six-string in the corner. It’s this last activity that
has given me the honor of being, “like, so New Braunfels.”
And while I have much to learn about New Braunfels and thepeople that ca this town home, I do know that this
particular wine bar is an especiay gd fit here.
The Longshot vineyard is located in west Texas, but its
tasting rm was opened here because of the local’s love of
wine and the areciation they have for the quality and
craftsmanship that go into it. And if that’s not enough, it
operates out of the oldest house in New Braunfels, giving it
the quaint and cozy charm that the town embodies.Set your sights on a unique experience that can suitably
be described as “totay New Braunfels.” Longshot Wine Bar
wi not mi the mark. I’ most likely be there pouring wine
behind the bar, cking up Sunday brunch, or just enjoying a
gla (or a bole) of wine with my beat-up old guitar singing
some of my favorites. The atmosphere is right, and there is
always a gd time to be had.- Josh McFarling
HOURS:Mon-Thurs: 6pm-10pm
Fri-Sat: 5pm-11pm
Sun: 10am-4pm
(brunch: 10am-2pm)
133 Landa Street
(Across the street from the Landmark)
830.837.5667
W I N E B A R & T A S T I N G R O O M
L O N G S H O T
USE PROMO CODE
TXCFOR UP TO $200
IN BONUS CASH!
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ASK A MEXICAN! !
MOST WANTEDCOMAL COUNTY ’S
8/9/2019 TX Citizen 2.5.15
12/1612 AD SALES 830.358.2493
By Gustavo Arellano
Dear Mexican: Do Mexicans sling
racial slurs at each other or casually
refer to each other as “wabs,” similar to
the way blacks call each other “nigger?”
What’s your take on the whole “nigger”
thing anyway?”
Kingfish the Cabrón
Dear Blackfaced Wab: What do I
think of “nigger”? Um, it’s bad? I think you
mean que pienso of “nigga,” which some
etymologists and the Washington Post argue
means something completely different: an
appropriated term when gabachos and
Mexicans use it among each other, a term of
endearment when African-Americans use it to
describe ellos mismos.
There’s no real comparison in Mexican
Spanish, except maybe paisa and its
regional synonyms (wab in Orange County,cheddar in Denver, brazer in Chicago and
so many more—consult the May 13, 2010
edition of this columna for a comprehensive
list of slurs that Mexicans in el Norte use
against each other). But the big difference
is that such jabs use class instead of race;
Mexicans use racial terms to describe family
members (the obsession by tías and parents
to classify their progeny as güero, moreno,
or—my favorite—prieto azabache, “jet
black,” and a term my mami endearingly
used to describe the Mexican’s younger
brother) and strangers.
And while we’re on the subject of
“nigger”, raza: can we finally admit to
America that the term Mexicans use to
deride blacks (mayate) is far nastier than the
N-word because it not only means “beetle”
but also “homosexual”? The more you know
about Mexicans, America…
Dear Mexican: Why do a lot of
Mexicans let their toddlers stay on
the baby bottle longer than most
kiddos? I work at a surgery center
that specializes in children’s dental
surgery and most of the patients are
Mexican kids getting their teeth fixed
from just such scenarios. I’ve also
personally known Mexican mothers
whose childr en’s mouths werecompletely blinged out with dental
work. Any insight o n wh y th e Me xican
bambinos stay on the bottle so long?
Wean ‘Em Off
Dear Gabacho: You’re right about the
problem—multiple studies have documented
the Mexican propensity for their chicos tosuffer from what’s scientifically known as early
childhood caries (ECC) and colloquially known
as baby bottle tooth decay. The disease rots
baby teeth, leading to so many kids making
rapper Riff Raff’s dientes seem as pearly-white
as a Pepsodent model.
UCLA student Sally Chu’s 2006 “Early
Childhood Caries: Risk and Prevention inUnderserved Populations” in the Journal of
Young Investigators, found that “Hispanics
have the highest rate of ECC in both
developed and developing countries with
an average prevalence of 13%-29%,
second only to Native American,” citing the
seminal 2002 paper “Caries-Risk Factors
for Hispanic Children Affected by Early
Childhood Caries.”
All studies cite poverty and lack of
education more than culture, so I guess here
you want me to make a psychosexual joke
about how Mexicans overall are still attached
to their mami’s chichis, leaving us perpetual
infants. Well, you ain’t going to get it, so I’ll
make it up with an insight as equally lame:
Why do Mexicans like to drive lowriders? So
they can cruise and pick strawberries at the
same time… HA!
Ask t he Mexican [email protected],
be his fan on Facebook, follow him on
Twitter @gustavoarellano or follow himon Instagram @gustavo_arellano!
ASK A MEXICAN!!
MOST WANTED
$300REWARD
MEDELLIN, JESSERODRIGUEZ Male • 5’07” • 200 lbsDOB: 01/01/1976CHARGE: Possessionof a controlled
substance pg 1 under1 gram and theft ofproperty under $1500with 2 or moreprevious convictions
CLOUGH,RONNIE DEAN Male • 5’06” • 182 lbsDOB: 12/31/1960CHARGE: Failureto appear for
aggravated assaultwith deadly weaponand bail jumping/ failto appear felony
GUERRERO,
JAIME
Male • 5’07” • 130 lbs
DOB: 10/04/1971
CHARGE: Failure to
appear- driving whileintoxicated 3rd or
more
HUBBARD,
CHRISTOPHER
JERRODMale • 6’01” • 230 lbs
DOB: 11/20/1977
CHARGE: Two counts
of possession with
intent to deliver
ALEMAN,
ARTURO JR Male • 5’05” • 180 lbsDOB: 01/02/1954CHARGE: Motion to
revoke probation-driving whileintoxicated 3rd ormore
MARTINEZ,
MANUEL
Male • 5’09” • 198 lbs
DOB: 03/09/1973
CHARGE:
Failure toappear- driving while
intoxicated 3rd or
more
ROGERS,
JENNIFER LEE
Female • 5’05” • 110 lbs
DOB: 03/27/1967
CHARGE: Failure toappear- possession of
a controlled substance
WALLACE,
KIMBERLIE
LOFTUS Female • 5’09” • 155 lbs
DOB: 07/11/1975
CHARGE: Failure toappear- possession of
a controlled substance
WOODS,
MICHAEL
Male • 6’01” • 180 lbs
DOB: 01/26/1965
CHARGE: Possession
with intent to deliver acontrolled substance
TURNER,
AARON LEE
Male • 5’08” • 130 lbs
DOB: 07/20/1966
CHARGE: Failure to
appear- forgeryfinancial instrument
The names listed have been released in accordance with the Texas Public Information Act. This is a trueand accurate account as of Monday, February 2, 2015 at 10:37 am and may not be current by the time it isread. Do not try to apprehend anyone. These are listings of criminal warrants with the Comal CountySheriff’s Office and are not indicative of guilt or innocence. Officers are to verify the status of each warrantprior to making an arrest. Any person is innocent of wrongdoing unless proven guilty in a court of law.
FOR INFORMATION LEADING TO THE ARREST OF COMAL
COUNTY’S MOST WANTED. Callers will remain anonymous.
830.620.3400 - 24-Hour
830.620.3411 - Mon-Fri 8am to 5pm
BAIER,
ADAM SAMUELMale • 5’06” • 150 lbsDOB: 12/04/1971CHARGE: Violation
of conditions ofprobation-possession of acontrolled substance
8/9/2019 TX Citizen 2.5.15
13/16TXCITIZEN.COM 13 VOTING BEGINS FEBRUARY 19
IT’S DANG NEAR TIME AGAIN!
DLeeEdwardsRealty.com • 1111 N. Walnut Ave. New Braunfels, TX 78130
Call our AWARD WINNING TEAM! 830.620.7653
2014 SEA
8/9/2019 TX Citizen 2.5.15
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X
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TO OUR 2015 CHAMPION
TATUM DELEON!
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TO OUR 2015 CHAMPION
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PRICKLY PEARLOUNGE
Leagues:
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Third Place: The Happy Cow – 51%
Fourth Place: Buffalo Wings and Rings – 49%
Fifth Place: Scores - 48%
2 0 14 SE ASO N F I N AL
RE SU LT S!
T h i s ai n’ t no F ant as y l e a g u e !
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8/9/2019 TX Citizen 2.5.15
15/16TXCITIZEN.COM 15
On VaccinationsReally? A Pass? Everything about the
situation screams running play, and you call
for a pass?!
Alright, now that I have that out of my
system, let’s get down to business.
The last couple of weeks have placed
vaccination front and center in the national
conversation. I’ve already been involved
in several conversations over the safety
of vaccines and their possible connection
to autism. The media has been grilling
Republican candidates hoping that one
will show some weakness in support forvaccination (a typically left-wing problem).
The measles outbreak, which appears to
have begun at Disneyland, has even sparked
some discussion of immigration. One thing
that I haven’t seen addressed, though, is
how vaccination can pit government interests
against individual rights, and a careful
examination of this brings up a good number
of questions that need answering.There is no question that it’s in the
government’s interest to have all its citizens
vaccinated. Diseases like smallpox, polio,
and until recently, measles, have been
largely removed from the citizenry, and
this is due primarily to the prevalence of
vaccination for the diseases. It’s easy for
politicians to point to vaccination as a major
good provided to society by government,
which encourages vaccination and provides
much of the organization that makes near-
universal vaccination easier. But, just
because vaccination is a positive for society
and represents a real protection for citizens,
doesn’t mean that government has the
authority to make it mandatory.
I know this sounds surprising, but even
though politicians are fond of saying that the
first job of government is to protect its citizens,it’s just not true. The first job of government
is to protect your rights. In fact, that’s really
their only job. They may do other things to
accomplish this important task, but in the end
it’s all about protecting individual freedoms.
If there were ever a case for a benefit
for society trumping individual liberty,
vaccination would be it. Vaccinations are
not without risks (even deaths), but those
risks are vanishingly small, and the overall
benefits of vaccination are huge. For society,
the cost/benefit analysis is an easy one.
Individuals may feel that they don’t want to
foist any risk on their children, but if almost
everyone doesn’t participate in vaccination,
it doesn’t work as it should. The small riskthat an individual avoids by not vaccinating
is likely returned multiplied many times over
either from the danger of the disease itself or
when others react as they do.
Even so, it’s important to understand
that we do not make vaccination mandatory
in this country, and the reason for this is our
respect for individual liberty and distrust of
government authority. (Many of the argumentsthat I have heard seem to forget this and
assume that there was some time when we
did require all children to be vaccinated.
As far as I know, this has never been the
case.) Regardless of how safe or effective
vaccines are, it is an individual decision
whether to be vaccinated or not. For minors,
that decision is made by the parent. To have
things be otherwise would afford government
a frightening amount of power over us. It
would imply that we are not in charge of our
own bodies, and that government can decide
what we must do with our bodies and why.
Careful readers should be recognizing
an undercurrent of issues that we could just
as easily be taking about but are not. The
author is well aware of this and is hoping
that you will search your ideals for logical
consistency among these issues.
Traditionally, one way that government
has encouraged parents to vaccinate their
children or push them into it has been to
insist that children be vaccinated before
they are permitted to participate in public
schools. This method was successful for many
years, and perhaps it should be carefully
enforced again. One problem with this
from a government perspective is that it alsoencourages people to see the world in a way
that limits government power. For example, it
makes clear that the government can’t force
you to send your child to a government run
school. It also makes clear that you do not
have a “right’ to an education.
An additional question we might ask
about the vaccination issue is just how far
the government can go with blocking theunvaccinated from public accommodations.
Can someone be barred from holding
government office? Can your representative
refuse to see you? What about a White House
tour? Should the unvaccinated be prevented
from entering the military or a public library?
Is there some way for the government for fulfillits functions while protecting both individual
rights and the general welfare? Is there some
logical place to draw a line?
Just as important is the question of private
persons being able to protect themselves. In
this case, Disneyland was ground-zero for
a measles outbreak. Does Disney have the
right to require proof of vaccination before
allow people into their park? How about agrocery store? I can see situations where
customers would want to feel that they were
safe from disease. I can even see situations
where customers might suggest that they
need to be informed by businesses when they
are not. It seems like it might be valuable for
private businesses to find a way to offer this
piece-of-mind to their customers, particularly
in a world where resistance to vaccination
has created a possible problem.
It might also be worth considering what
a person’s individual responsibility is. If it can
be proven that someone infected someone
else because they chose not to vaccinate, is
that personal legally responsible? Should the
people that spread the disease at Disneyland
be sued for damages? Could the case be
made that they are criminally responsible?
We haven’t even touched the idea of
state’s rights. I would think there might need to
be some distinction between what is allowed
at the federal, state and local level too.
I don’t have the answer to any of these
questions, but I hope that this topic holds on
in the media for a while. It has the potential
to spark a useful debate on the nature of
government and the importance of individual
liberty. Too often these issues come upand fade away with little more than sound
bites being generated as a result. But, the
questions we face with vaccination today
can be applied much more broadly, and
taking the time to justify the balance between
individual liberty and collective safety might
allow us to find values that apply universally.
You can read more from Kelly Colby at yourfirstshrug.blogspot.com.
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