237 points by abawany 1 hour ago | 23 comments
vjvjvjvjghv 1 hour ago
I assume she will get a settlement, the city (the taxpayer) will pay for it and nothing else changes. There will be even less money for infrastructure repair and people will keep voting for the same people.
epistasis 16 minutes ago
That's not a fair assumption in the current political environment.

Those who have lots of money will get fair hearings under the court, but those with less power might not. There's a reason people like Elon Musk write into agreements that they must be settled in particular Texas courts.

snazypaparazzi 42 minutes ago
I think everything is consistent with the perspective Texas represents toward the united states. It's fine if Texas doesn't implement reforms and fails. (There are 49 other states and may the ones that invent or adopt the best practices survive.)
smt88 35 minutes ago
What do you think “fails” means exactly? How does Texas fail in a way that doesn’t harm innocent people in both Texas and the rest of the country/world?

Texas is larger (in both population and economy) than most countries in the world.

snazypaparazzi 25 minutes ago
The Federal government enforces a few rules and then leaves things to the state and people. Obviously that means the state and people have no nanny to protect them from consequences of their decisions. If they drain their budgets fighting the civil rights of their population instead of fixing a problem then they might look like a lot of bankrupt municipalities. The US is obligated to let that happen.
autoexec 12 minutes ago
Not really. The federal government bails Texas out of the messes they get themselves into all the time (like their shitty power grid). Historically, Texas has often received more in federal funding than it contributes in federal taxes.
snazypaparazzi 3 minutes ago
Sure, most of the South is in a hypocritical position of claiming to want the federal system I described, I want them to get it..
fzeroracer 24 minutes ago
This is true, but Texans as a whole keep enabling these outcomes by both voting and supporting politicians that create it, as well as the state as a whole generally refusing aid.

It's one of the (many) reasons why I immediately moved out of the state when I had a chance. There's only so much that can be done when a lot of the states politics and environment is wholly self-destructive.

rolph 0 minutes ago
[delayed]
rami3l 13 minutes ago
I was immediately reminded of this old piece on water quality issues and local politics...

> An Enemy of the People [..] is an 1882 play [..] that [..] centers on Dr. Thomas Stockmann, who discovers a serious contamination issue in his town's new spas, endangering public health. His courageous decision to expose this truth brings severe backlash from local leaders [..]

https://en.wikipedia.org/wiki/An_Enemy_of_the_People

infinite_spin 32 minutes ago
I'm not a lawyer, but I think qualified immunity should not apply to constitutional violations. Giving an opt-out for those violations is antithetical to the very substance of our (US) constitution.
jopsen 4 minutes ago
It's weird to me that courts don't at-least attempt to review if the conduct was in good faith and plausibly reasonable given the facts know at the time.

The idea that officials aren't personally liable for mistakes made in good faith isn't bad. But somehow the US tends to produce a lot of cases where good faith requires a lot of faith :)

jazzypants 23 minutes ago
Qualified Immunity should not apply ever. Period. No one should be above the law for any reason ever.
pdpi 15 minutes ago
Let's not throw out the baby with the bathwater.

Qualified immunity, as a concept, makes perfect sense. Police officers are not jurists, and they will make mistakes in enforcing the law. Making those officers personally liable for honest mistakes is, IMO, excessive.

The issue isn't qualified immunity itself, but rather the maximalist interpretation that seems pervasive in the US justice system, and the overwhelmingly broad definition of "honest mistake" that seemingly applies to the police, and the police alone.

jazzypants 10 minutes ago
I think you would find that they would make far fewer illegal mistakes if they actually had to deal with the consequences of those mistakes.

Qualified Immunity didn't exist as a concept until the 1960s, and it was put in place to shield policemen enacting racist policies and corrupt cronies of Nixon.

https://en.wikipedia.org/wiki/Qualified_immunity

4 minutes ago
hk1337 4 minutes ago
I think we would see far fewer actions at all for fear of being sued.
mpalmer 2 minutes ago

    Qualified immunity, as a concept, makes perfect sense. Police officers are not jurists, and they will make mistakes in enforcing the law. Making those officers personally liable for honest mistakes is, IMO, excessive.
Your own usage of "honest mistake" is overwhelmingly broad, so it's not at all clear what alternative definition of qualified immunity you are advocating.
balderdash 22 minutes ago
yup, i think a majority of people would agree with you, so why hasn't it happened? I think the answer is that elected representatives are more beholden to public sector unions than their constituents.
estearum 16 minutes ago
Texas: Famously pro-union
scoofy 8 minutes ago
The charges have already been dismissed: https://www.msn.com/en-us/news/us/charges-dismissed-against-...

Good for the grand jury for not indicting this ham sandwich.

p_j_w 0 minutes ago
The chief of police stands proudly by his decision. This will happen again.
pfdietz 4 minutes ago
That town now has not just a bad water problem, but a large free speech lawsuit problem.

Maybe they could dock the Chief's retirement account?

coderintherye 14 minutes ago
Somewhat similar premise to the recent settlement that came out for the man arrested for posting a meme in Tennessee https://www.pbs.org/newshour/politics/a-tennessee-man-was-ja...
nkrisc 56 minutes ago
Yikes, they’ll have to arrest most of the current federal administration if they ever set foot in Texas if that post meets the criteria for that particular law. That’s going to cause problems.
dpe82 51 minutes ago
Oh don't worry, the enforcement is extremely selective.
kibwen 43 minutes ago
Never heard of Ken Paxton, I suppose?
skrebbel 28 minutes ago
who?
thekevan 32 minutes ago
The city issued a boil water advisory about about 13 or 14 days after her arrest.
thekingshorses 11 minutes ago
This week, there was two different settlement close to $800K related to someone posting and getting arrested about what charlie kirk said.

This woman shouldn't settle for anything less.

vsgherzi 29 minutes ago
This is dumb af. There should be an extremely small subset of things you can say online that get you arrested. This is definitely not one of them. I hope she she’s and it’s sets a precedent for cases after. I’d hate to see a ruling like the UK. While is vervently disagree with some of the awful things they post they shouldn’t be arrested for it.
SilverElfin 1 hour ago
The craziest part is the police defending this action as a “cut and dry” case. Meanwhile the lawsuit this woman just filed will hurt taxpayers and not the corrupt city officials and police that caused this. We need to ban all forms of immunity - none for cops, politicians, or judges. They need to be personally liable for their actions.
thot_experiment 1 hour ago
It's absolutely not the slightest bit crazy if you've paid attention to how cops behave at any point in the last history of the country. 100% agree about personal responsibility. You must understand that when the cops says that oversight means they can't do their job, that means they view their job as bullying, harassing and killing citizens, so yea, we should put a stop to that. 1312
ggoo 53 minutes ago
> It's absolutely not the slightest bit crazy

Imo, speaking like this normalizes their behavior - it was crazy then and it's crazy now.

Bender 52 minutes ago
I will not put the blame on the bobbies, that's too convenient. Someone had to order them to do this. That's who needs to be permanently ousted from all levels of government and their voting rights rescinded.
abofh 46 minutes ago
Nobody has to order people to do anything if it's in their self interest. Yes corruption flows downhill, but until they flip, just following orders isn't a defense.
Bender 19 minutes ago
Just following orders of course does not excuse anyone but I would rather not play whack-a-mole. That is how they expect us to play "The Game" by throwing one of their tools under the bus.

I prefer to work my way up the chain of command first and find the head(s) of the snake. Sure, punish the cops but don't let their corrupt chain of command play The Game otherwise we all just lost and the problem just repeats.

queenkjuul 45 minutes ago
Lmao no this is just American police chiefs doing what they love to do, guarantee this whole thing starts and ends in that PD
Bender 27 minutes ago
From the PDF looks like Trinidad City Councilwoman Marie Bannister and Trinidad Police Chief Charles W. Gregory, may have started this. The Texas governor [1] needs to start pruning both up and down from there.

[1] - https://gov.texas.gov/

Rekindle8090 53 minutes ago
[dead]
queenkjuul 46 minutes ago
[redacted] all police but don't pretend it isn't crazy. Not every country is like this.
Bilal_io 1 hour ago
I hear you, but there has to be some balance between full immunity and no immunity at all. The one thing that comes to mind is rich and powerful people, because they have unlimited resources to sue and ruin the lives of cops, judges and politicians, which would lead to these officials avoiding to hold rich and powerful individuals accountable even when they have committed crimes.
ben_w 1 hour ago
I'm not a lawyer, but what you're describing sounds to me like an example of strategic lawsuits against public participation, just where the targeted "public" isn't a member of the general public but a public servant: https://en.wikipedia.org/wiki/Strategic_lawsuit_against_publ...
mcdonje 56 minutes ago
"would"? There is currently a disparity in how rich and poor people are policed.

I get the point that there should be some limited immunity so they can do their jobs. Debatable, but worth the debate.

The argument about the repercussions of eliminating immunity is logical. It just seems like one of those things where there are multiple factors contributing to undesirable outcomes, and that makes it necessary to talk to experts.

jghn 38 minutes ago
These lawsuits need to be charged against the police pension funds, not the city coffers
Bilal_io 36 minutes ago
I agree with you
thot_experiment 1 hour ago
You're so close! Instead of patching the issue maybe let's solve the root problem of spiky power distribution among humans. We don't need to make sure cops have immunity to prosecute powerful people. We need to not have powerful people.

(though realistically speaking yes there's probably some level of procedural immunity that probably makes sense, similarly with business bankruptcies not ruining the people who start the business)

Ar-Curunir 56 minutes ago
I agree with you, but most people aren’t ready to engage with basic anarchist arguments
thot_experiment 19 minutes ago
I don't know if anarchy helps in this situation, I actually think you need robust social systems with buy in from citizens to prevent the natural accumulation of power. The fundamental problem is that there's a diminishing cost to acquiring power as you acquire power, this relationship should be inverted. The more powerful you are the harder it should be to get more powerful.

This is basic engineering, you don't want runaway feedback loops, the underlying system is unstable so we need a control system.

p1esk 50 minutes ago
We need to not have powerful people

What does this even mean?

thot_experiment 21 minutes ago
It's very easy to get started on this, you tax the shit out of people who have a lot of money because the old adage is true.
queenkjuul 43 minutes ago
Make currently powerful people less powerful and currently powerless people more powerful.

C'mon, HN users forgot how to think? Forgot to ask Claude?

rightbyte 1 hour ago
Exactly which types of politicians, judges etc would be targeted by liability do you think? The unrighteous politicians? The judges in favour of those in power?
nozzlegear 1 hour ago
In my experience (I sued my town for violating my first amendment rights), the city will have insurance that will cover any damages or settlement they have to pay. Their premiums will likely go up, but the impact to taxpayers is probably minimal.
casey2 1 hour ago
Even making them pay their own lawsuit insurance premiums would be enough to stop 90% of abuse.

No change will happen until cities stop using police revenue for discretionary spending.

thinkingtoilet 1 hour ago
Just more actions from free speech loving Republicans. Exactly like that guy in Tennessee who got $800k.
z3c0 18 minutes ago
Nazi Germany wasn't chaos, just a lot of people following "cut-and-dry" protocol.
mvdtnz 46 minutes ago
How does a town in the richest nation in the history of the planet not have the resources to get clear drinking water flowing through their taps?
beAbU 42 minutes ago
Presumably because they are spending their money prosecuting people complaining about bad water.

Money does not grow on trees, you know!

umvi 41 minutes ago
Water is handled at the city level, not the federal level. If you have incompetent local leadership, this can happen. Incompetent local leaders can (and have!) bankrupted their cities.
azinman2 36 minutes ago
Texas also is all about no/low taxes.
nxm 10 minutes ago
Meanwhile in Flint Michigan…
SJMG 28 minutes ago
You must not own property in Texas
scoofy 19 minutes ago
>How can X in the richest nation in the history of the planet be...

I've honestly grown absolutely sick of this type of comment as I get older. If you're not from the states, it's maybe understandable, but throughout my life most of the folks with me on the left that make these statements are completely ignorant of how their own government works and just assume "shit should be taken care of" without actually having to put any work in. It drives me crazy.

The vast majority of our electorate doesn't pay attention to politics, and then votes for feel-good measures (often very expensive), and almost universally avoid actual long-term net positive investments, like urban density and avoiding bond issuances wherever they are impractical.

As you see small towns welcoming -- even courting -- data centers while everyone in the town hates and protests them... yea, it's almost certainly because the town is broke, and the only folks who realize it are the city officials.

>How does a town ... not have the resources to get clear drinking water flowing through their taps?

Many, many, many, towns in America functionally insolvent! The amount of cost it takes to maintain our road/sewer/water/refuse/emergency/energy systems is very often more than the tax revenue that the town can bring in. This is literally the entire point of the Strong Towns organization: https://www.strongtowns.org/about

Rebuilding a water system is one of the most significant municipal finance events that a city will have to deal with, and more and more cities across the nation are requiring federal bailouts; e.g., the Jackson, Mississippi water crisis: https://en.wikipedia.org/wiki/Jackson,_Mississippi,_water_cr....

It's just so frustrating as someone who cares about municipal finances that American cities' sustainability that most people think that it's just supposed to work itself out when cities are just lighting money on fires... often to the cheers of the electorate who voted for it.

autoexec 30 minutes ago
We have more than enough resources, but a lot of people don't want to pay taxes to clean it or restrain corporations from polluting our water supply inn the first place. I'm guessing that plenty of people in this woman's own town were cheering Trump's slashing of the EPA's budget and deregulating clean air and water. Just this week the administration announced plans to kill off or delay limits in the amount of PFAS in the drinking water. They argue it's too expensive to limit or filter the poison but then give no-bid contracts out to their unqualified friends for tens of millions of dollars and spend a trillion bombing other countries for no reason so it's pretty clear where the priorities are and it isn't with us.
balderdash 29 minutes ago
complete and utter incompetence by local elected officials. If one of the richest towns in America (average home price of >$2m) can do it - just imagine how bad it can be in "average" towns...

https://observer.com/2010/07/the-collapse-of-east-hampton-ho...

dfxm12 24 minutes ago
The country is the richest, but the money is not distributed equally. One factor to keep in mind is that the state would rather give the richest man in the world tax breaks rather than make sure everyone has safe drinking water.
queenkjuul 35 minutes ago
Cuz all that wealth belongs to about 14 people and everyone else gets police harassment and poison water
nadermx 1 hour ago
Imagine the town of flynt getting arrested for having your government fail you.
pstuart 45 minutes ago
This is a textbook free speech issue, versus not being able to post your conspiracy theory on some web site which has nothing to do with free speech.
6stringmerc 1 hour ago
Not surprised. Tarrant County told the US Marshals my styrofoam cooler with vomit in it was a “bomb threat” and charged me with use of a DEADLY WEAPON. Honestly. If my public defender hadn’t colluded with the Prosecution it wouldn’t be on my record today.

This is going to get a lot worse before it gets better in the US. I’m a nonviolent cripple. Meanwhile a pardoned Jan 6 rioter just told a City Counsel “they should be strung up” and isn’t even being charged. Totally depends what team you’re on right now.

vjvjvjvjghv 1 hour ago
"Meanwhile a pardoned Jan 6 rioter just told a City Counsel “they should be strung up” and isn’t even being charged."

A great candidate to get some money from the lawfare fund.

bfkwlfkjf 1 hour ago
Land of the free
nozzlegear 1 hour ago
This is newsworthy because it's a clear and flagrant violation of her rights.

Source: I was threatened with a lawsuit by my own town for criticizing them online, but the ACLU helped me counter sue and win a settlement for violating my first amendment rights.

poly2it 1 hour ago
Was the comment you are replying to edited?
nxm 8 minutes ago
Yea compared to Europe where you get arrested for memes
vjvjvjvjghv 1 hour ago
I assume you mean "Land of the fee"
markoman 23 minutes ago
'Equal Justice Under Law'
1 hour ago
6stringmerc 1 hour ago
World Cup Tourists about to get some “civic lessons” if they buy that too much, mmmhmmm.
markoman 49 minutes ago
This type of treatment of citizenry by the State of Texas, and its various (and especially red) localities should be all one needs to see of where conservatives (and Christian Naitonalism) will take our country in the future -- should they get their way. Republicans hope to enable just such a future by scaring Americans with made-up visions of transsexuals 'grooming' their children, yet they cleverly hide what awaits behind the curtain. The is the same curtain that hides why Israel is supposed to be so very, very important to the U.S. but not so much that we make them state #51. This is the magical (read: Biblical) rationale that the U.S. makes excuses for Israel's attack on its own USS Liberty in 1967.

Saying nothing of the future of abortion & contraception, U.S. conservatives base their worldview on sexuality & reproduction and seek to burden it with fixtures that we have already spent hundreds of year to free ourselves from. At the same time, they take their eye off the ball of keeping our country competitive in the world. How embarrassing it is now to have the Chinese president suggest that the U.S. is in decline and that it shouldn't get caught in a Thucydides Trap.

Yet, that is where Trump has put us indeed.

joshuafuller 55 minutes ago
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breck 59 minutes ago
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cboyardee 1 hour ago
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userbinator 1 hour ago
[flagged]
stouset 1 hour ago
I would imagine it’s hard to be reminded of things that didn’t actually occur.
userbinator 1 hour ago
[flagged]
stouset 56 minutes ago
Indeed the brainwashing is still alive and well.

It’s been five years since multiple COVID-19 vaccines have been widely available and administered worldwide, and just about the worst common side effects have been a small risk of mild, self-resolving myocarditis in mRNA vaccines and an increased risk of clotting for adenoviral vector vaccines which have been either discontinued or fallen out of use.

Past those, there have been rare (~5 per million doses) cases of Guillain-Barré or anaphylaxis, but those are broadly in line with risk profiles for other vaccines.

Despite repeated insistence from chronically-online nutjobs, the sky has not fallen, and the well-known, well-published, and well-studied risks of these vaccines remain drastically lower than the risks of actually contracting the disease they inhibit. Which is the whole goddamn point.

38 minutes ago
galangalalgol 59 minutes ago
To make it more explicit. Censorship is always bad. There is no censorship for the good of the people. If fewer people had gotten vaccines because we didn't censor claims it was dangerous, maybe more people would have died. Maybe hospitals would have shut down from crowding. We can't know for sure. But because that was censored, amongst other things, the trust in government dropped even lower. This in turn is allowing populists from both parties to win and local state and national levels. Populists always hurt the economy and damage individual freedoms. There is no substitute for trust, and it is a generational project to rebuild it. Censorship of any speech errodes it and harms all of us more than letting people who are probably wrong speak.
thinkingtoilet 1 hour ago
Provide proof of someone getting arrested for a social media post.
userbinator 1 hour ago
Did the ones posting about the water provide "proof" also?
queenkjuul 39 minutes ago
Rtfa
nilslindemann 1 hour ago
Lying is not free speech.
GaryBluto 49 minutes ago
It very much is.
nilslindemann 27 minutes ago
It may be a necessary mechanism to prevent harm, but it is not free speech. Whenever you are lying you are not a free being, because you need to invest a part of your energy to uphold the lie.
breck 56 minutes ago
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gdulli 1 hour ago
We should call this obsession "longest Covid". Certain people will be on this until they die.
userbinator 59 minutes ago
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19 minutes ago