Fort Worth Weekly // January 6-12, 2021 by Fort Worth Weekly

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Honeysuckle Rose Vintage Looking stylish is more than just fabric to the owners of this new boutique. B Y

M E G A N

A B L E S

FEATURE Texas district attorneys put bad guys away but rarely face any punishment for mistakes or crimes. BY EDWARD BROWN

METROPOLIS Was the tax assessor swayed by a political donation? BY EDWARD BROWN

EATS A meal at Maestro Tacos calls for an encore. BY LAURIE JAMES

MUSIC “Doom jazz” duo Stone Machine Electric comes alive with a sludgy new slab of tuneage. BY PAT R I C K H I G G I N S

fwweekly.com JA N UA RY 6 - 1 2 , 2 0 2 1 FO R T WO R T H W E E K LY 2

December 6, 2020--March 14, 2021 The exhibition is organized by the Museo Egizio, Turin, and StArt, in collaboration with the Kimbell Art Museum. It is supported by the Texas Commission on the Arts, the Fort Worth Tourism Public Improvement District, and the Consulate General of Italy in Houston. Promotional support provided by

Vo lum e 16

Number 39

J an uar y 6-1 2, 2021

INSIDE

STAFF Anthony Mariani, Editor Lee Newquist, Publisher Bob Niehoff, General Manager

R.I.P., Clyde Picht

Ryan Burger, Art Director

The former city councilmember often said things that people in power did not want to hear. By Static

Jim Erickson, Circulation Director Edward Brown, Staff Writer Taylor Provost, Proofreader Michael Newquist, Regional Sales Director Jennifer Bovee, Marketing Director

Stacey Hammons, Senior Account Executive Julie Strehl, Account Executive Tony Diaz, Account Executive Wyatt Newquist, Digital Coordinator Clintastic, Brand Ambassador

Accountability for DAs?

Some believe Texas district attorneys have no oversight.

Megan Ables

By Edward Brown

Metro Static . . . . . . . . . 4

6 10 11 13 16

Feature N&D Stuff Eats & Drinks Music

Hearsay . . . . . 16

Classifieds

Backpage . . . . 20

Cover image by Megan Ables

BLOTCH The Fort b Worth Weekly Blog

l tch

Former Fort Worthian John Price’s new project aims at peace. By Anthony Mariani

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By Megan Ables

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A recording of a recent Tarrant Appraisal District meeting raises questions about potential conflicts of interest in the district’s procurement dealings. B Y

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One hour into a recent board meeting of the Tarrant Appraisal District (TAD), five members and Tarrant County’s tax assessor, Wendy Burgess, were in agreement. Through public statements, the county officials who set property tax rates said homeowners in Tarrant

Static Clyde Picht had an uncanny nose for misconduct, and he always pointed it out without any niceties. In a 2006 Weekly cover story, Picht — the former Fort Worth city councilmember who died Friday at age 87 — called out then-Mayor Mike Moncrief for awarding city contracts to oil companies that were directly profiting Moncrief. “If he gets any money from them, he sure as hell shouldn’t vote on those issues,” said Picht, who served on city council from 1997 to 2005. History has vindicated Picht on many of the issues he took hard stances for and against. Calling out the influence of Big Oil on local politics is a common trope these days, but many elected officials at the time failed to see the Barnett Shale for what it was and continues to be: a shell game. Early into the development of Panther Island, the $1.2 billion development on the North Side by the Tarrant Regional Water District (TRWD), Picht questioned the motivations behind the “flood control” project. “We don’t have a flooding problem in the areas just north of downtown now,” he told the Weekly in 2011. “These parks get a little flooding every now and then but nothing like you will see if the bypass channel is built. It is just basic engineering. Move water into a more compact and shorter waterway, and those downstream will get more water coming their way.” The bulk of federal funds appropriated for Panther Island have yet to materialize, and the project has effectively stalled, although TRWD directors see a bright future

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Remembering “Landslide” Clyde Picht

for the project. News of the former councilman’s death has saddened friends and family who admired Picht both for his lifelong service to his country and refusal to denigrate those he disagreed with. Layla Caraway, who knew Picht the last 12 years of his life, said the former city councilmember had a penchant for “speaking the truth, even when most didn’t want to hear it.” Online comments from people who held different political viewpoints than the conservative Picht have been respectful or even full of praise, she said. “I think that’s a pretty good legacy to leave,” she said. Picht was born and raised in Salt Lake City, Utah, where he was active in the Boy Scouts and Sea Scouts. After earning a BS in Forest Management from Utah State University, where he was also enrolled in the Air Force Reserve Officers’ Training Corps, he worked for the U.S. Forest Service fighting forest fires and managing recreational areas. A subsequent 22-year career in the Air Force saw him reach the rank of lieutenant colonel after several stints overseas, including a combat tour in Vietnam that earned him the Distinguished Flying Cross and Purple Heart. After retiring in 1978 from his post at Carswell Air Force Base (now Naval Air Station Joint Reserve Base Fort Worth), Picht began a second career as a flight instructor for American Airlines. He retired in 1996 after 18 years of training flight crews. Picht then turned his attention to civic endeavors and public service, first as the president of the Wedgwood East Neighborhood Association, then as city councilmember for District 6. Picht won his council seat by a scant 10 votes, which earned him

item to ratify Tyler’s contract was brought up, Burgess interjected. “I will make a motion to approve Linebarger” for the contract, said Burgess, who serves on TAD’s board but is not a voting member. Burgess has accepted $17,000 in recent campaign contributions from Linebarger, the law firm that also has donated tens of thousands of dollars in recent years in local elections. County Commissioner Judge Glenn Whitley, District Attorney Sharen Wilson, and several current and past Fort Worth school district trustees are just a few of the beneficiaries of Linebarger’s political largesse. TAD board member Joe Ralph Martinez seconded the motion, which forced a vote on awarding the contract to Linebarger — known fully as Linebarger Goggan Blair & Sampson, the law firm that numerous news outlets (including the Weekly) have tied to allegations of elections meddling and intimidation for debt collection purposes. Linebarger spokesperson Joe Householder said in an email that there is “no linkage between our political contribution and any action on the part of the tax assessor-collector or the appraisal district board. As we do in the communities we serve across the state of Texas

Layla Caraway: “His spirit, wit, integrity, and sense of humor were unmatched.” C o u r t e s y o f Tw i t t e r

Keeping Tabs on TAD

County are misusing state homestead exemptions that lower property taxes on primary residences with certain restrictions. “I have had many folks come to me and give personal testimony that they have had an over-65 parent die, and [the deceased parent’s children] did not give notice to the appraisal district of their death because they know their taxes will go up,” Burgess said, referring to a special property tax freeze afforded to senior citizens. “I believe that is against the law, and I believe that we need to make sure that we realize the actual exemptions based on actual facts.” The declining use of obituaries has made tracking homeowner deaths difficult, one board member added. To address the problem, in March, the board requested proposals from qualified vendors to identify “erroneously granted homestead exemptions.” Three companies turned in timely proposals: LexisNexis Risk, Linebarger, and Tyler Technologies. TAD staffers examined the proposals based on each company’s stated goals, work plan, qualifications, experience, and proposed costs, and the December board meeting was held, in part, to ratify TAD staff ’s final recommendation — Tyler Technologies. As the agenda

the tongue-in-cheek nickname “Landslide Clyde.” In his last year in office, Picht won the Weekly’s staff choice for Best Elected Official. “During his long council career, Picht was about the only one in City Hall who stood up against all the massive tax breaks being handed out like candy to the rich,” the Best Of issue read. “Don’t expect him to be on the sidelines for long — he’s taken the first steps to run for a spot on the board of Tarrant Regional Water District, which will oversee the biggest potential tax-grab of our time,” Panther Island. In 2006, Picht ran against and ultimately lost to Jim Lane in his bid for a seat on the TRWD’s board, and he lost a three-way mayoral race to Moncrief in 2009. Throughout his tenure at City Hall and well after, Picht was a constant source of insight into the inner workings of local government. When Weekly reporters had questions, Picht laid bare the facts as he saw them. Ahead of several 2012 proposals that aimed to weaken the city’s code of ethics, Picht reminded our readers what was at stake. “The ethics code,” he said, “was created to hold city officials in check, not to protect them, so to have the city attorney, whose sal-

ary is set by the city council and who serves at the pleasure of that council, rewrite the city’s ethics code … well, I’m not sure that the city attorney is the best person to write the code meant to keep those officials in check.” As recently as June, the Weekly republished a past quote from Picht to illustrate the city’s permissive approach to governing the Fort Worth police department’s Crime Control and Prevention District (CCPD), which is fueled by a half-cent city tax. Fort Worth city councilmembers have governed the roughly $85 million annual fund since 2010 — the year Moncrief disbanded independent citizen oversight over the tax funds. Many civic-minded individuals and groups are calling for the restoration of independent oversight of the CCPD. “A large part of the crime district budget has just been […] for just buying things” that the police wanted, Picht said in 2004, referring to how the CCPD is viewed by critics as a slush fund. Caraway said the world won’t be the same without Picht. “His spirit, wit, integrity, and sense of humor were unmatched,” she said. “His drive to right wrongs and call out cronies was an extension of his military career, which was the stuff of legends. To many, he was a hero. To me, he was a dear friend, and I miss him already. As he would say in closing, ‘Cheers.’ ” Picht’s wife of 65 years, Emeline “Tru” Picht, died in June from complications related to Alzheimer’s. Picht is survived by his four children — James Picht, Renée Thelin, Wendy Picht, and Steven Picht — as well as three grandchildren. The Picht family plans to hold a memorial for him when it is safe to do so publicly.

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cap, which he did not disclose. Linebarger has earned Texas appraisal districts a return on investment more than 5-to-1, he added. With 390,000 homestead exemptions in Tarrant County, Linebarger’s initial audit could cost the county millions. The motion failed. “I’ll make sure to share with any of the callers who call into our call center who are concerned about the homestead exemption or any exemption” that this board caused those problems, Burgess said, referring to the failed effort to award the contract to Linebarger. Board members Kathryn Wilemon and Martinez voted in favor of the measure, while Rich DeOtte, Losada, and Tony Pompa voted against the last-minute proposal. The board will discuss the contract at TAD’s next board meeting on January 15. According to some detractors, Linebarger has a history of using political contributions to obtain lucrative government contracts. Since 2005, the firm has been under contract with the City of Fort Worth to collect delinquent property taxes. A 2009 lawsuit filed by the previous contract holders — Perdue, Brackett,

TAD’s procurement policies that forbids communications between potential vendors and TAD leadership while potential bids are under review. Householder said Linebarger did not organize the event. Conversely, he added, Linebarger was invited to sponsor it, and “we chose to do so because we find such events informative for the community,” he said. “While Wendy Burgess was invited to speak at the event, she ultimately did not attend due to a scheduling conflict. Furthermore, none of the partners or employees of the Linebarger law firm attended.” Without commenting specifically on the donations made to Burgess, J.R. Johnson, general counsel at the Texas Ethics Commission (TEC), said that “while there are some limits to what can be given, campaign finance law in Texas generally emphasizes disclosure over prohibition because the U.S. Supreme Court has held that political contributions are protected speech under the First Amendment. As the court wrote in Citizens United, ‘Transparency enables the electorate to make informed decisions and give proper weight to different speakers and messages.’ ” Where elected officials find themselves running afoul of ethics laws, he said, is when they do not report campaign contributions or underreport them. Burgess and TAD’s five board members did not respond to my requests for comment on the December 11 board meeting. Householder said he cannot speak to Burgess’ efforts to reject the staff recommendation. “Should you listen to the recording, you will hear, very clearly, concerns she and others expressed regarding that staff recommendation and her views as to why Linebarger’s proposal is superior,” he said. “We were honored to have been invited to participate in the [request for proposal] process, and we put forth a proposal that will pay for itself. Among the three responsive bidders, Linebarger has the most experience in this area, having provided the same service to numerous counties across the state of Texas. We are also part of the Tarrant County community, having served local taxing entities for over 40 years. The taxpayers of Tarrant County are our neighbors. We know them, they know us, and we treat them with the respect that they deserve.” l

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Though she canceled, Wendy Burgess was scheduled to appear at a virtual happy hour sponsored by Linebarger in October.

Flores, Utt, and Burns — claimed that Linebarger gained the contract by making false claims against Perdue and associates to city councilmembers during a closed-door meeting in late 2004. The lawsuit failed, and a Linebarger spokesperson told me in 2018 that his firm had been “vindicated” from accusations of wrongdoing. Fort Worth school district trustee Ashley Paz believes the law firm ordered the gutting of the school district’s ethics policy in 2018 (“Ethics for Sale?” May 2018). Such policies are designed to limit the influence of outside interests in school dealings. Linebarger began an exclusive six-year contract with the school district in 2016 and earns just under $2 million a year by collecting delinquent property tax debt for the district. The ethics policy was gutted in 2017 when then-school board president Tobi Jackson slipped destructive language into a 214-page agenda packet that was approved during an August school board meeting. Between 2010 and 2018, Fort Worth school district’s current and past board members have received $18,550 in campaign contributions from Linebarger, according to financial disclosure reports. Jackson said in an email that year that she scrapped the ethics policy because it was “difficult for administrative staffers to handle.” A Linebarger spokesperson said no one with the firm asked the school board to “rescind, review, or pull the ethics policy.” Many of the provisions of the original ethics policy were restored in December 2018. Linebarger is a massive donor in local elections. Statewide, the law firm doles out more in lobbying monies than corporate giants like ExxonMobil, American Airlines, and Halliburton, according to a 2015 CNN article. Campaign disclosure forms show that Linebarger has made at least four recent contributions to Burgess: $7,000 (May 2018), $2,500 (September 2018), $2,500 (October 2018), and $5,000 (September 30, 2020). The September 2020 donation occurred during the mandated non-communication period between competing vendors and TAD leadership. On Oct. 13, Linebarger sponsored an event, October Virtual Stockyards Happy Hour, that was supposed to feature Burgess as a guest speaker despite language in

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Cour tesy WendyBurgess.com

and the United States, we make political contributions based on our assessment of those public officials who we believe best serve the interests of their communities. In all cases, those contributions are made in accordance with the law and are publicly reported.” Audio recording of the ensuing discussion documented tension among the staff and board members present as Burgess appeared to try to circumvent TAD’s procurement procedures. “I have extensive experience within Tarrant County and understand that Tyler Technologies has experienced many issues,” Burgess said. Martinez shored up Burgess’ arguments. “I’m going along with Ms. Burgess with my concerns with Tyler Technologies,” he said. “The recent ransomware [attack] they had as recently as September, there are some concerns there. If there is another glitch that takes place under our watch, that would happen to the people we are here to serve.” Plano-based Tyler Technologies lost $4 million in sales due to a September ransomware attack, according to the technology blog CRN, but the company’s CEO said no client information was compromised. As board member Gary Losada suggested a postponement of the vote to allow more time to evaluate Linebarger’s proposal, which was not available at the meeting, Burgess pushed on. “As your tax assessor, it is my goal to receive the best information possible,” Burgess said. “I received the best information possible, and the best return on investment […] would be to go with the highest possible service with Linebarger.” Board member Losada said Burgess’ last-minute push for Linebarger undermined the procurement process. By stating Tyler Technologies’ $380,000 bid publicly at the Dec. 11 TAD meeting, he argued, Linebarger was now positioned to undercut that offer. Losada recommended that the agenda item be tabled until January. A review of documents from several municipalities shows that Linebarger charges $7 to $10 dollars per audited home. Householder said his firm is proposing a “per-account fee of $5.75” for the TAD proposal that includes a maximum

THE

UNTOUCHABLES Criminal acts committed by top county, state, and national officials are rarely prosecuted, and some say that’s by design.

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fter years of being plagued by accusations of public corruption, Ellis County has a new district attorney and the opportunity to put a troubled office back in order. This week, DA Ann Montgomery replaced former DA Patrick Wilson, who did not seek reelection and is leaving the criminal law profession entirely. A 2018 lawsuit sought to remove Wilson from his elected position for acts of misconduct and for allegedly committing at least four felonies. Wilson committed a “state jail felony” when he obtained emails from a secure county server, according to court documents. Constable Mike Jones was the target of the email collection. “Patrick Wilson acted with the intent to harm Constable Jones by invading his private communications and then attempting to use those private communications to criminally prosecute Constable Jones,” court documents read. An Ellis County judge dismissed the case without a hearing or explanation. In July 2018, Dan Gus, the attorney who filed the lawsuit, told The Texas Monitor, a government watchdog blog, that “it’s certainly frustrating when you make credible, serious allegations of felony conduct by the district attorney’s office and a judge rules without explanation and without any hearing.” Wilson did not respond to requests for comment. Wilson avoided being forced from office but announced in early 2019 that he would not seek reelection once his four-year term expired on Dec. 31, 2020. One political insider who asked to not be named believes Wilson chose to leave office voluntarily rather than lose a reelection bid. Reports of high-ranking elected officials committing potentially criminal acts have become a common occurrence. The next U.S. Attorney General may decide whether to charge President Donald Trump with a range of criminal acts that could include obstruction of justice (as laid out by Robert Mueller’s investigation), bribery (for withholding aid from Ukraine in return for political favors), and campaign finance violations (for actions that landed Trump’s former

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attorney, Michael Cohen, in jail), among many others. Many Constitutional scholars believe that Trump — or Vice President Mike Pence, if Trump intentionally resigns before his term ends — could issue a blanket pardon for the entire Trump family, especially son-in-law Jared Kushner for omitting more than 100 foreign contacts when he applied for topsecret clearance or for Donald Trump Jr.’s campaign finance violations when he met with a Russian lawyer in 2016 to obtain potential dirt on Hillary Clinton. Democrat Robert Brady, former Representative for Pennsylvania’s 1st District, did not seek reelection two years ago after allegations of a criminal conspiracy to hide a $90,000 payment were made public. Brady avoided criminal charges. In early 2017, a special prosecutor cleared Tarrant County District Attorney (TCDA) Sharen Wilson of criminal intent for actions she took the year prior when she solicited campaign contributions from government employees. The Texas Penal Code forbids public servants from using their positions for nongovernmental (i.e., fundraising) purposes. And Ken Paxton, Texas’ top law enforcement officer who is currently indicted on three felony charges related to securities fraud, is facing a new lawsuit that alleges that the state AG engaged in whistleblower retaliation, and the FBI is investigating accusations that Paxton committed bribery, abuse of office, and other crimes aimed at aiding Nate Paul, a past donor to Paxton’s reelection campaign. Elected officials and law enforcement officers are rarely held accountable for unethical or criminal behavior. Documents obtained by the Weekly through open records requests show that law enforcement agencies and news publications, as recently as this past summer, have alerted the attorney general’s office about unethical or potentially criminal acts committed by several district attorneys. One 2011 letter from the attorney general’s office shows that the AG dismissed concerns raised by an Upsher County sheriff without explaining why the case would not be examined. The sheriff described actions taken by Upsher County DA Billy Byrd (who still holds that office) to infiltrate a secure computer system

B R O W N

managed by the sheriff ’s office. Those actions, Sheriff Anthony Betterton warned, gave Byrd the ability to “add, delete, and modify” the criminal records system at will. “I do not believe that the allegations detailed in your letter constitute criminal violations of Texas statutes,” an AG director replied. “Therefore, this office will take no further action regarding your request for assistance.” A July 30, 2020 document obtained through an open records request describes threatening behavior by Freestone County District Attorney Brian Evans. “Mr. Evans is accused of entering the Freestone County Times newspaper office, throwing a chair at employee Victoria Keng, and using threatening language toward Ms. Keng,” read the document from the AG Law Enforcement Division. Fairfield City Administrator Nathaniel Smith “said the newspaper had published articles that were critical of Mr. Evans. Mr. Smith asked the Texas Rangers to investigate the scene but were told by Lt. Thomas of the Waco Ranger office to

Cour tesy of Facebook

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Attorney General Ken Paxton, the state’s top law enforcement officer who has been indicted on three felony charges, is currently facing a lawsuit that alleges that he engaged in whistleblower retaliation, and the FBI is investigating accusations that Paxton committed bribery, abuse of office, and other crimes aimed at aiding Nate Paul, a past donor to Paxton’s reelection campaign.

contact the Office of the Attorney General for assistance.” In a letter posted July 30, Smith and Fairfield police chief David Utsey described the need for an outside investigation. “The Fairfield Police Department cannot investigate this complaint due to a conflict of interest involving Mr. Evans,” the letter read. District attorney offices work closely with city police departments and other peace officers. The relationship is one of codependence: Detectives gather evidence, and district attorneys (or their legal staff) represent the state when prosecuting crimes based on the evidence once the DA accepts the charges. One half of the criminal justice system could not function without the other. In a police statement, Keng described the incident and made no mention of a chair being thrown at her, contrary to the AG document. “Brian Evans knocked on the office doors at Freestone County Times,” Keng wrote. “I opened the door. He walked in, and I said, ‘I am the only one here’ as he walked toward the back. He grabbed an office chair and flung it. Then, he spun around and said, ‘You know this shit is wrong, don’t you?’ I repeated, ‘I am the only one here.’ As he left, he said, ‘Tell him to be here tomorrow.’ Then he left.” On Aug. 3, Smith again contacted the AG’s Law Enforcement Division and was told that “the request for investigation had been received and is under review by the special investigations group,” according to an AG document. The AG’s office did not respond for comment on the investigation, which is likely ongoing. Evans also did not respond to a request for comment. The grounds for removing a district attorney are laid out in Texas Local Government Code Section 87.012, which states that district attorneys and other officers can be removed for official misconduct, incompetency, or intoxication. Since 2017, around 800 investigations into public official misconduct have been conducted by the Texas Rangers through the law enforcement agency’s Public Corruption and Public Integrity units. Records released by that agency to the Weekly reveal a wide range of public official

Soon after taking office as city manager in 2016, Lane alleges that he witnessed numerous violations of city ordinances, the Texas Open Meetings Act, and numerous

Cour tesy of Ellis County

misconduct, from bribery and abuse of office to money laundering and fraud. A Rangers spokesperson would not say how many elected officials have been removed from office or have faced prosecution as the result of the investigations. One commonly used system for investigating allegations of criminal acts committed by public officials involves appointing an attorney pro tem to inquire into the case, but those efforts rarely hold public officials accountable and often rely on investigators filing criminal charges on colleagues or personal friends. The number of attorney pro tems appointed by the TCDA’s office is on the rise: 2016 (2), 2017 (3), 2018 (6), 2019 (5), and 2020 (7). Nine of those investigations were authorized by Tarrant County Judge George Gallagher, according to the county. “Tarrant County is hiring these people and giving them money, and they are not doing” their job, said Keith Lane, former Haltom City chief of police. When serving as Haltom City city manager more than two years ago, Lane said he witnessed a Tarrant County system that blithely ignores public misconduct.

Patrick Wilson: “Webster’s dictionary defines a conspiracy theory as ‘a theory that explains an event or set of circumstances as the result of a secret plot by unusually powerful conspirators.’ ”

government codes. After years of observing what he said was flagrant disregard for rules and laws on the part of a handful of city councilmembers, Lane reported the incidents to the Texas Rangers and the Tarrant County DA in May 2018. One former city councilmember had it out for a firefighter who was a member of an influential political action committee, Lane claims. The councilmember

allegedly spoke about the firefighter during a closed executive session that April, which amounted to a violation of the Texas Open Meetings Act. The firefighter was not notified of the meeting and was not present to defend himself against the accusations levied by the elected official, Lane said, adding that he told the police chief to hand-deliver the evidence to the DA and the Rangers. As Lane waited to hear back from the district attorney’s office, he claims he continued to observe “complete and total violations” of local government codes and the open meetings act. Violations of the code in question could lead to a fine of $100 to $500 and/or confinement in the county jail from one to six months. On June 13, 2018, Judge Gallagher assigned Leon Haley Jr., a local criminal defense lawyer, as Tarrant County criminal district attorney pro tem in the matter of “meetings and transactions involving officials of Haltom City.” Tarrant County DA Wilson had requested to be recused of the matter, according to court documents. Recusals are often permitted to avoid conflicts of interest, but the specific reason for Wilson’s request is not described in the court documents. The investigation was subsequently passed to retired Fort Worth police officer Joe Kalbfleisch and criminal trial attorney Miles Brissette, according to an April 2019 letter from the DA’s office. As Lane claims he waited for

Kalbfleisch and Brissette to take action, work for him became almost unbearably stressful. He continued to work with the same elected officials whose names were now in the hands of the DA. After waiting months for any sort of response from the DA, Lane reached out to the state attorney general’s office. “They have a hotline for violations of the open records code,” he said. “I told [the official who answered the phone] about what I’d turned into the DA’s office. He said, ‘Send your documentation to their special crimes unit.’ I wrote a letter to the attorney general that July. I sent supporting documentation with it. I never to this day have heard back from the attorney general’s office.” With 10 years of experience writing reports as a detective, Lane believes that the inaction on the part of the attorney general and DA has nothing to do with the credibility and meticulous documentation of his reports. Beyond providing what he described as substantial evidence, he said both the DA and AG offices have the names of numerous credible witnesses. Lane claims the only action taken by attorney pro tem Brissette and investigator Kalbfleisch was a brief visit to Haltom City’s city hall building in 2019. The appointed investigators allegedly filed a subpoena for 3,000 documents that could have been obtained through an open records request, Lane said. Lawyers

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can bill for filing subpoenas while an open records request would not have cost Tarrant County anything, Lane said. The attorney is probably making a lucrative hourly rate, he said. “They haven’t spent 10 seconds talking with me.” Kalbfleisch and Brissette did not respond to my requests for comment. The TCDA’s office did not provide requested information on how special prosecutors are compensated by the county. Lane contrasted the two and a half years of Kalbfleisch and Brissette’s investigation (if it is still ongoing) with a six-month inquiry by the Texas Ethics Commission (TEC) that resulted in a $5,000 fine against Concerned Taxpayers of Haltom City, a political action committee. The elected officials and former elected officials who were ultimately fined did not include a political advertising disclosure statement on flyers that were sent to Haltom City residents to encourage them to vote against two 2018 bond measures, according to TEC documents. As police chief several years ago, Lane said, his relationship with DA Wilson was cordial but became decidedly less friendly as the two began disagreeing over a range of issues related to policing policies and how cases are prosecuted. “They think that if they stretch this out long enough, I will eventually retire and move on,” he said. “They want to see this investigation have a slow death.”

Transparency and accountability go hand in hand, and both are often lacking in Texas. The Weekly’s open records request that sought copies of complaints against all Texas district attorneys over the past 10 years came back with a scant 14 pages of documents. Public information can be withheld if there is a pending investigation or something as seemingly benign as a date of birth listed. The AG’s office included a letter to appeal our open records request, but with no reference to withheld information, it’s impossible to know what we can appeal. As with many Texas cities, Fort Worth city staffers have codified legal loopholes that work against public accountability and transparency. Local administrative regulations are designed to cull city communications on a regular basis. “Users must delete emails from all mailboxes as soon as they have been read and/or as a matter of regular and proactive maintenance,” city regulations state. “Much of the content or even informational city email is subject to release and publication” through the Texas Public Information Act. Policies at the Fort Worth police department and TCDA’s office similarly require that emails from retired staffers are deleted. A recent request by members of the grassroots group No Sleep Until Justice

for a list of all offenses committed by active Fort Worth police officers was met with a nearly $1,800 bill after the city failed to block the request by seeking a legal brief from the AG (“Public Disservice?” Nov. 2020). Legal briefs often allow the city to withhold important publication through Public Information Act caveats. The fee was levied despite the compelling public interest in the request. “If a governmental body determines that producing the information requested is in the ‘public interest’ because it will primarily benefit the general public, the governmental body shall waive or reduce the charges,” reads one Texas open records policy. A 2019 article by ABC News (with collaborative reporting from the Houston Chronicle) found that, once an open records request was sent to the state AG, the requested information was released 5.4% of the time in 2018. One blanket excuse for withholding important public information — stating that the release would compromise an investigation — is effective 98% of the time, the collaborative reporting found. The Fort Worth Secretary’s Office, which handles open records requests, described the process of seeking a legal brief. “The Public Information Act sets out certain exceptions to public disclosure,” the secretary’s office said in an email. “When a departmental liaison reviews documents that are responsive to a request, that person is tasked with identifying whether the information contains a statutory exception to disclosure. If the departmental liaison determines that the responsive records contain information that may be excepted from disclosure, then that person sends the records to the legal department for review. If the legal department agrees with the department’s assessment that certain information meets one or more of the statutory exceptions to disclosure, then the legal department will prepare and send a brief to the attorney general requesting that the information be withheld from public disclosure per the Public Information Act.” Even when information can be withheld, that does not mean that the city (or any governmental body) is compelled to seek a legal brief, nor is the city compelled to levy fines as a requirement of fulfilling the Public Information Act. Those fines and delay tactics unevenly fall on requests that seek public accountability of public or elected officials. In the fall, the AG ruled that the request for a ledger of officer offenses had to be released. The 37-page ledger includes documented infractions by officers. Assault, “criminal violation,” weapon violation, theft, and sexual assault are some of the more egregious infractions committed by currently active Fort Worth police officers. Fort Worth Police Officers Association

the system of appointing a lawyer to investigate the matter was also an effort to keep the investigation out of the hands of the Texas Rangers. One letter by the DA to the Rangers is all it would have taken for the Rangers to investigate the matter in a timely manner, Lane believes. Records provided by the Rangers show that, over the past three years, the Company B Rangers, who cover North Texas, completed 43 investigations. Nine investigations, including one in Tarrant County for “tampering with public records,” remain active. The Rangers’ office did not provide details on whether the 43 closed cases resulted in criminal charges being filed against government officials. The special prosecutors assigned to Lane’s case ignored basic questions about their investigation, and the DA’s office ignored media requests for comment on whether the case was ongoing or closed. In what amounts to a farewell speech, former Ellis County DA Patrick Wilson issued a lofty public statement about his exit from practicing law.

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“I think once you decide that you want to run for office in Tarrant County, you join a good-ol’-boy system,” he said. “They support each other. They have the mindset of needing to stick together. ‘If we stick together, we’ll get re-elected as many times as we want to.’ ” “If I ran against [Tarrant County] Sheriff [Bill] Waybourn, I’m not going to win because I’m not a good ol’ boy,” Lane said. “I would not be accepted into that system.” Given the political culture in Tarrant County, Lane has advice for anyone who observes or documents public misconduct or corruption. “If you truly want this stuff investigated, you give it to the Texas Rangers,” he said. “The Texas Rangers are free and do not use taxpayer money. At the end of their investigation, they will turn in a report. There will be something in writing. It will say, ‘This is who we talked to.’ ” Two and a half years after turning in evidence to the DA, Lane feels that

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Freestone County DA Brian Evans’ actions are under review by the special investigations group, according to an AG document.

“I have long been open to them about my desire to explore a new path in life,” he wrote. “I am incredibly proud to have dedicated a career to seeking justice for others. But life is too short to spend it all in the darkness. I am excited about stepping into the light and enjoying the beauty of life with my family and friends. Until then, I will continue to lead my dedicated team of attorneys, investigators, and staff, to see that justice is done for our community.” Patrick Wilson’s tone was decidedly different when he recently responded to a complaint I filed with his office. He said, “Webster’s dictionary defines a conspiracy theory as ‘a theory that explains an event or set of circumstances as the result of a secret plot by unusually powerful conspirators.’ In my extensive professional experience, those who adhere to conspiracy theories are motivated not by a distrust of a logical narrative supported by objective facts. They are, instead, motivated by a dislike of the logical narrative and objective facts. A mere attempt to persuade a person otherwise is, for the person so convinced, proof of the conspiracy which resonates loudly in their personal echo chamber.” Patrick Wilson did not explain what the supposed “conspiracy” was. His letter, written on Ellis County & District Attorney letterhead, was sent to me in response to my notarized complaint detailing an alleged conflict of interest that his office had overlooked or ignored. Judge Gallagher had assigned Ellis’ Wilson the duty of investigating misconduct in Tarrant County, based on government documents and evidence that led to the termination of assistant Tarrant County district attorney Alfredo Valverde last year. Patrick Wilson assigned the case to an investigator who was allegedly friends with one of the individuals being investigated. That created a conflict of interest, I noted in my complaint, to which he replied: “My experience precludes me from the hopeful belief that this letter will cease your conspiratorial protestations. Please encourage whatever agencies to whom you are voicing your complaints to contact me at their convenience. I welcome the opportunity to speak with them. Be advised, however, this will be my only communication to you.” One confidential source read the letter and noted that Patrick Wilson’s tone reflects a Texas office that is rarely held accountable for unethical behavior. The letter, the source said, is “just more proof that DAs refuse to truly investigate reported corruption on the part of other elected officials simply because they are corrupt themselves.” The Tarrant County District Attorney’s Office ignored my requests for details of any local prosecution that resulted from the appointment of an attorney pro tem. l

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In a state that rarely investigates or prosecutes misconduct by government officials, disbarment may be the only reliable remedy for removing incompetent or malicious prosecutors from courtrooms. In 2015, the DA at a Central Texas county called Burleson, Charles Sebesta, was disbarred for prosecuting the case of an innocent man, Anthony Graves, who sat on death row for more than a dozen years before being exonerated after the release of DNA evidence. In a six-page ruling issued by the state bar’s disciplinary panel, Sebesta was found to have hidden evidence, presented false testimony to the jury, made false statements, and engaged in fraud during the Graves case. Senate Bill 825, passed in 2013, extends the statute of limitation for disciplining state lawyers who suppress evidence. The four-year statute of limitation is reset when a falsely imprisoned individual is exonerated. The Michael Morton Act, named after the wrongfully convicted Morton and passed during the same legislative session, requires prosecutors to make certain types of evidence available to defense lawyers. “We aren’t going to let the prosecutor off the hook for mistakes and errors they could have prevented,” said State Rep. Senfronia Thompson, who sponsored SB 825 and the Michael Morton Act. Lane retired from his position as city manager one year ago and is the current interim police chief in New Braunfels, Texas. His whistleblowing and reporting of unethical behavior in Haltom City have posed challenges for him as he begins his new career. Each job interview comes with a long discussion on why he reported the actions of colleagues. His years in the highest positions of law enforcement didn’t prepare him for the roadblocks that he believes create a legal framework that allows elected officials to skirt laws and accountability.

Cour tesy of Facebook

president Manny Ramirez said the list is proof that Fort Worth officers are held accountable for their actions. “It’s a big list,” he said. “What it shows is that we don’t sweep things under the rug. [Every incident] is investigated, and officers are disciplined. Fort Worth police department does a good job of holding people accountable.” In late 2019, Fort Worth City Council gutted the Ethics Review Commission (ERC) (“Ethics Review? What Ethics Review?” Nov. 2019). All but one councilmember, Ann Zadeh, voted in favor of abolishing the volunteer group responsible for enforcing the city’s ethics policy. At the time, city staffers said it was difficult keeping members active. The ERC was replaced with a business-friendly enforcement body that pulls volunteers from standing city commissions as needed.

Take a tour of Inspiration Alley with The Phoenix DFW, an active sober community.

Newly sober? If finding sober activities and seeing Wednesday art are on your new year/ new you list, today is your day. From 6pm to 7pm, The Phoenix DFW — an active sober community — is doing a group walk in the Foundry District around Inspiration Alley (200 Carroll St), where artists have painted murals in various shapes, sizes, and themes. Participants must wear masks. The event is free to attend and costs only “48 hours of sobriety.” Register at ThePhoenix.org or call 817-403-5977. At 7:30pm every Thursday in January, visit Levitt Thursday Pavilion at Facebook.com/ LevittPavilionArlington for Learn With the Levitt. Every week, you will learn about a different genre of music and a new varietal of wine. In this first session, the lesson is about the classics, including orchestral music and American composers John Adams, Aaron Copland, and Ellen Taafe Zwillich. Three types of wines will be studied, including an American chardonnay, a Spanish cava, and a “mysterious old worldinspired blend.” This virtual event is free to attend, but you’ll need to purchase your wines

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from UrbanAlchemy.bar and pick them up at Urban Alchemy Coffee & Wine Bar (403 E Main St, Arlington, 817-617-2054).

As part of the NA3HL North Texas Winter Series, see Eastern Division rivals Friday the Long Beach Sharks, Oklahoma City Blazers, and North East Generals face off against local hockey teams from the Southern Division, including host team the Texas Brahmas, plus Mid-Cities Junior Stars and Texas Road Runners at the NYTEX Sports Centre (8851 Ice House Dr, NRH, 817-336-4423). At 7pm — with the puck drop at 7:15pm — watch the Brahmas vs. Generals game. General admission is $5, and suite tickets are $10. (The minimum ticket quantity for suite tickets is four.) Purchase tickets at the box office at NYTEX or TexasJrBrahmas.com/Ticket-Sales.

At 10:30am, jump online for Virtual Tall Tales’ next installment at the Sid Saturday Richardson Museum (309 Main St, 817-332-6554) via Zoom. During these book discussions, connections are made between classic literature and art pieces

Cour tesy Cheyenne Hammons

NIGHT&DAY

exhibited at the museum. The book selection for Saturday is Ernest Hemingway’s The Old Man and the Sea, the story of an aging Cuban fisherman. Artwork from the SRM exhibit In a Different Light: Winslow Homer & Frederic Remington — many depicting fishermen and their wives — will be the visual-arts focus. (As the museum is temporarily closed due to the pandemic, this is an excellent opportunity to view the exhibits.) This event is free to attend, but one person per household should register at SidRichardsonMuseum.org/Events.

For some Sarah McLachlanesque, free animal advocacy that comes with a souvenir Sunday that you will actually want to keep, participate in Paint Your Pet! from 2pm to 5pm at Painting With a Twist (203 E Worth St, Ste 100, Grapevine, 817-328-8788). The cost is $60 per person — with 50% of proceeds going to Operation Kindness Pet Rescue — and covers you on all the needed art supplies. This event is BYOB, so you must be 18 and up to attend. The painting itself is limited to one pet per canvas (i.e., don’t try to recreate Dogs Playing Poker). Once registered, you will need to email a high-resolution/high-contrast picture (i.e., no black dogs on black couches), and they will sketch your four-legged friend on the canvas for you. Registration and photosending info can be found at Facebook.com/PWAT.Grapevine.

Drunk ladies learning to shoot. Wait. What? In reality, the Ladies Shoot & Monday Champagne event at 6pm is a girls’ night out with the booze at the end of the night at Texas Gun Experience (1901 S Main St, Grapevine, 817-285-0664) that includes learning some quick firearms safety lessons, enjoying some range time with a certified instructor, and then sipping some bubbly after the guns are put away. This session is for women at the beginner level who may or may not have shot a gun before. Tickets are $75 per person on Eventbrite.com.

Have you ever wondered how to land a federal contract? From 1pm to Tuesday 3:30pm, SCORE Mentors Fort Worth — an organization composed of volunteer counselors with professional experience in the business sector — is offering a live online workshop via Zoom called Federal Contracting 101 tailored that walks entrepreneurs through the art of the process, best practices, finding bids, setting up financing, and more. Tickets are $75 per person. For more details and the registration link, go to Facebook.com/ScoreFortWorth.

Days a Week

From now until the money is in your hot little hand, I am sure you are all wondering whatthe-what about that stimulus money we are supposed to be getting from Big Brother. In search of my own answers, here’s what I have found. If you haven’t already received a direct deposit, you will most likely be sent a check in the mail that will arrive by mid-January. A select few — very few — may be receiving a debit card in the mail, also by mid-January. How your first stimulus came to you in no way indicates how you will receive your second stimulus because the government. If Jennifer lost her last debit card and funds are issued to her on a debit card, she needs not to worry as it will be on a whole new debit card, not the old one (whew!). If you receive none of the above by Fri, Jan 15, (or shortly after that) and you actually qualified for funds, you can simply claim it on your 2021 taxes. As it turns out, we’re just borrowing from Peter to pay Paul. (If you’re reading this, my editor let me publish an ancient cliché. Thanks, bro!) What do I mean by borrowing? This funding is part of a “recovery rebate” that was already slated to be credited on our 2020 taxes due April 15. Or so says Kiplinger.com.

CRAWFISH ARE HERE own! By Jennifer Bovee

Come On D

A Full-Service Seafood Restaurant

Fort Worth | 612 University

STUFF

Honeysuckle Rose Vintage

Looking stylish is more about fabric to the owners of this new boutique. A B L E S

To the Parishes, true vintage is an item that is at least 40 years old and is specific to an era, “a time when goods were made to last and steered clear of the toxic fast-fashion industry we see today,” Parish said.

Parish has been the event coordinator/director for Lola’s rummage sale for four years. Gathering more than 40 local artists, vintage vendors, and artisans, the monthly event also features live music and food. She also operates monthly at Lola’s Local Farmers Market, which focuses on locally grown food items. The boutique is named after Willie Nelson’s tour bus and the 1980 romantic drama Honeysuckle Rose. “Since many of our pieces cater to the liking of musicians,” Parish said, “we found it only fitting to use a name that relates to music. And Willie Nelson hits close to home.” Fort Worth has several antique stores, but Honeysuckle Rose Vintage is unique for specializing in eclectic textiles and accessories, as well as handmade local goods and home décor. “We’re quirky and fun, and you just never know what you might find in our store,” Parish said. Upon entering the boutique, I smelled the pleasant aroma of a leather-scented candle burning, which matched the chic Western apparel that was on display in the center of the store. “We tend to have a Western flair to us,” Parish said. “After all, we are in the heart of Fort Worth, Texas!” Honeysuckle Rose Vintage specializes in timeless classics dating back to the 1920s. Though stylish Western wear is visible throughout the boutique, the store caters to a multitude of styles, including boho, funk, and mid-mod from the 1950s to the ’70s. “Our customers tend to love it when we stay stocked full of kaftans, silk kimonos, jumpsuits, boots, and hats,” Parish said. The shop embodies a warm and inviting environment. Classic rock hits played continuously, emitting an expressive vibe, which was fitting considering Parish’s husband, Blake Parish, is frontman for the gritty rock band Royal Sons. “We have lots of musicians and artists in the store,” Parish said. “You never know when a little jam session might break out.” Parish contributes her success to her husband’s constant encouragement and motivation.

“It’s hard starting your own business,” Parish said, “especially when you aren’t familiar with the business side of it. That’s where he comes in. He reassures me that what we don’t know, we will learn along the way.” Blake renovated the boutique, which was originally an Army barracks from the 1940s relocated from the nearby Air Force/Navy base. “It needed a lot of work before we could be move-in ready, but in the end, we think it just adds to its ‘vintage’ charm,” Parish said. To the Parish couple, true vintage is an item that is at least 40 years old and is specific to an era, “a time when goods were made to last and steered clear of the toxic fastfashion industry we see today,” Parish said. Vintage is more than just a style to her. It’s a way of life. “By buying from a vintage boutique/dealer instead of buying from store factory chains, you help combat our planet’s pollution problem,” Parish said. “The amount of waste that goes into making a new piece of clothing, not to mention the unethical conditions in sweat shops around the world, make it even more appealing to us to pick up a used item instead of buying from a large chain.” Parish expresses her joy in sharing unique vintage items to her customers. “Someone once told me ‘look around you. You’re painting our town with color and cheer.’ ” The boutique is currently stocked with vintage furs, leather fringe jackets, sweaters, felt hats, cowboy boots, jewelry, and more. Customers can shop online through the shop’s Instagram page @honeysucklerosevintage and at HoneysuckleRoseVintage.com, which is currently under construction. “Don’t hesitate to reach out if you see an item you like in one of our photos or if there is a specific item you’re in search of,” Parish said. “I have a large collection that extends beyond our boutique.” Parish hopes to see small businesses thrive in the new year. “Our city needs it. Just imagine a city overrun by only big-box stores and chains. You would lose the charm, culture, and individuality that we all love so much.” l

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An apparel boutique will join the River District on Friday with the opening of Honeysuckle Rose Vintage. The unique shop began in 2013 as a mobile boutique that erected at local markets and events, such as Lola’s Rock ’n’ Roll Rummage Sale and Arts Goggle. In November 2019, Honeysuckle Rose Vintage officially opened its doors as a mini boutique at Lola’s Trailer Park. The new location, this one on White Settlement Road, will become the headquarters. Shop owner Tiffany Ortez Parish grew up in an entrepreneurial family surrounded by vintage collections. Her grandparents were antique dealers and collectors. Parish’s grandfather restored vintage radios, and her grandmother managed an antique mall in Azle. “I have so many fond memories of playing and finding unique and interesting items at Azle Antique Mall, getting up before the sunrise to help run their booths at flea markets, and shopping at countless thrift stores,” Parish said. “Those moments really shaped me into the person I am today.” Parish has collected vintage textiles for a decade now and felt she had a good enough stock to share it with the rest of the world.

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M E G A N

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MODERN ART MUSEUM OF FORT WORTH

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MARK BRADFORD : END PAPERS

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Through January 10

FOCUS: Marina Adams November 6, 2020– January 10, 2021

Hot Deals At Cool Prices

Stock your Kitchen at Mission! Small wares, pots & pans, and all kitchen essentials available to the public.

Mark Bradford: End Papers is curated by Michael Auping, former chief curator of the Modern. Lead exhibition support is generously provided by the Texas Commission on the Arts. Major support is provided by Hauser & Wirth and the Fort Worth Tourism Public Improvement District, with additional support from Suzanne McFayden. Pictured: Mark Bradford, Juice, 2003 (detail). Mixed media on canvas. 72 × 84 inches. Private Collection. © Mark Bradford. Photo: Charles White Marina Adams, Cheops, 2018. Acrylic on linen. 98 × 78 inches. Courtesy of Salon 94, New York.

Come see our showrooms! MON-FRI 8am-5:30pm

2524 White Settlement Road Fort Worth • 817-265-3973

Old Maestro, New Tune

In a town full of taquerias, Maestro Tacos adds a late-night option to the mix. Maestro Tacos, 3011 Bledsoe St, FW. 682-2506141. 8am-10pm Sun-Wed, 8am-3am Thu-Sat. All major credit cards accepted. L A U R I E

J A M E S

Miguel Mendoza, the titular Maestro in the newest taco shop to orbit Crockett

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The burritos are delicious and hearty here and, fingers crossed, being served late-night on weekends.

SAGINAW’S

Made from scratch kitchen full of passion and creativity and the best drink specials around. We pride ourselves in being a one stop shop a neighborhood bar with a true culinary menu.

817-349-9387 WWW.EAGLESPOINTSAGINAW.COM Coming from 820, exit Saginaw- Main exit towards Saginaw. About 2 miles down we are located in a shopping center on the left.

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NEIGHBORHOOD SPOT

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EATS & drinks

Row, hails from Monterrey, Mexico. A butcher by training, Mendoza reportedly brings beloved family recipes to the new taco joint that sits next to Ampersand Café, whose owner, Toan Luong, also has a hand in the taqueria. I’m a sucker for family recipes and stories about Grandma’s kitchen in Mexico, and any restaurateur who opens when they can’t do more than 75% business (now 50%) inside the restaurant deserves at least one visit. The tacos were reasonably priced and garnished with a fair amount of produce. In addition to the cilantro and minced onion, Maestro’s corn tacos were adorned with seared jalapeno, grilled onion, a lime wedge, and dainty radish slices. The barbacoa filling was lusciously rich, well-seasoned, and perfect with just a bit of lime. The smooth, soft beef benefitted from the textural crunch of the radish and onion. The grilled pollo version was a bit dry and needed the addition of the smoky red salsa. Tacos come with both the tasty red and an earthy green salsa that packed a pungent kick. I’ll admit to doing a happy dance when I saw the gorditas on the menu –– the chubby little folds of corn dough stuffed with bits of whatnot always make me giddy. It was hard to mess up Maestro’s barbacoa, but there was either too little

EATS & Drinks

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Breakfast Saturday & Sunday - Pozole and Menudo Saturday & Sunday

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FULL MENU TO GO ORDERS AVAILABLE!

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pack the flavor punch of, say, Meso Maya’s or the Old Mexican Inn’s masaladen kitchen-created specialties. It’s meat, tomato, shredded lettuce, and possible that the flour burrito was housecotija cheese or too much doughy masa made as pictures of a comal feature that didn’t have enough of its own flavor. prominently on the restaurant’s social The restaurant gets props for offering the media. masa orbs, and perhaps they’d taste better I’d go back to Maestro for a with another choice of filling. breakfast taco –– the selections include The overstuffed rice-meat-veggie combinations of traditional chorizo, burrito was delicious and hearty. The bacon, egg, and the bean and cheese steak fajita meat looked a little dry but option that would make good use of the was actually flavorful and tasty –– more tasty frijoles. On weekends, the menu salty-spicy than spicy-spicy. The rice and includes menudo and posole. Maestro’s beans packed the carb-loaded entree, and mostly covered outdoor patio was a the addition of add-your-own sour cream pleasant place to sit, although you’re not and a decent-sized scoop of guacamole watching anything other than your food. made for an excellent plate. The mild Like any business that hovers near guac was enhanced with a lot of cilantro but not exactly in Crockett Row, parking and even more lime. is tight. On a crowded evening, parking at As an afterthought, I grabbed a Farrington field and taking a short, brisk side of beans and cheese, which came walk might be best. Also, COVID-19 with chips. The silky refried beans has affected the restaurant’s hours. The with a touch of shredded cheddar information available on Maestro’s were deliciously old-school and were a website doesn’t match the hours posted wonderful addition to the chicken taco on table toppers at the restaurant, but and the gordita. that information matches what’s on their In his spate of pre-opening social media, so you might check before interviews, Maestro Mendoza indicated rolling up and expecting a gordita at that everything, including the tortillas, 2:45 a.m. Regardless, a truly late-night were to be housetaco option on this made. The corn Maestro Tacos side of town seems tortillas and chips Gordita ............................................$4 almost like a public were stunningly Burrito .............................................$7.75 service. l average and Chicken or barbacoa taco .............$2.25 each Beans and cheese .........................$3 certainly didn’t

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Southside Cool Fort Worth Smooth

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Stone Machine Electric’s Sonic Journeys

With its latest album, the self-described “doom jazz” duo continues to put the “long” in longplayer. B Y

P A T R I C K

H I G G I N S

In an era when attention spans have been atomized into mere microseconds by the constant barrage of rapid-paced, seizure-inducing digital content steadily beamed into our eyes, ears, and very souls every second of the day, many simply no longer have the patience required to enjoy albums. In the land of digital streaming, the single has become king, and most musicians have been all too eager to cater to the diminished focus of listeners. Easily digestible 3-minute aperitifs are the coin

The Spirit and the Trickster

There was a time when Fort Worth wasn’t the music mecca that it is now. One of the scene’s only active, engaging original artists was this handsome pop singer-songwriter born and raised in Houston who graduated from TCU in the early aughts and stuck around. John Price was way before his time. It wasn’t his sound as much. Smooooth guitarpop in the vein of John Mayer and Gavin DeGraw was peaking circa 2001-05. It was more about Price’s vision for Fort Worth. With the help of some visual artists, he had put together an annual multidisciplinary benefit event that predates anything done at The Where House or Shipping & Receiving Bar by about a decade. He also saw the value of South Main Street when the only sign of life in that concrete desert was the flag store. I tagged along one afternoon when he went scoping the area for a spot for a potential restaurant/bar with a stage. Like everyone else, I was only a tagger-onner. John Price was the star. Everywhere he went. And, boy,

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HearSay

was he ever. Every “entertainer” at New Orleans Nights, a.k.a. No-No’s, knew his name. A while back, he cleaned up his rockstar act and returned to H-town/ Get-down, where he now lives with his wife and two kids and where he practices psychology and, apparently, still writes dreamy, melodic pop. Along with fellow songwriter and classical pianist Rodney Waters, Price recently unveiled his new project. The Spirit and the Trickster put out a slowburning album in September that’s full of wide-eyed, open-hearted tenderness and insightful, incisive lyrics. The duo writes, “When a singersongwriter and a classical pianist meet in the field of Jungian psychology, the result is a genre-bending collaboration dedicated to the exploration of archetypal themes, alchemical process, order and chaos, dreams and consciousness, and the confusing beauty of paradox.” Recorded at AudioStyles with producer Taylor Tatsch (Maren Morris, Cut Throat Finches, Shadows of Jets),

Ly n d a K i t c h e n s

MUSIC

of the realm. Thankfully, not all have succumbed to the whims of the cell phone zombies. Psych-doom duo Stone Machine Electric has been giving the proverbial middle finger to the brevity of the pop song format for more than a decade now. Their latest avian hand gesture, The Inexplicable Vibrations of Frequencies Within the Cosmic Netherworld, was released early last month on Albuquerque’s Desert Records. In alignment with the verbosity of the album’s title, the new LP clocks in at around 45 minutes in duration. Not necessarily The Wall in terms of runtime, but when you consider it’s composed of only three tracks, the odyssean quality of SME’s songcraft becomes much more apparent. “For somebody who’s not aware of what we do, it may be challenging for them to want to listen to us play one song” for 20 minutes, said drummer Mark Kitchens of the band’s signature sonic breadth. “At our shows, we don’t even stop between songs. We just kind of go from one song right into the other, so it’s like one continuous song for 45 minutes or an hour, so if someone wants to stop and go grab a beer, they might not know when they can,” he joked. With the duo’s smoke-heavy blend of stoner rock, doom, dirge, and psych, each track is an expedition. With rolling, fluid scene changes, the SME oeuvre is one made up of sections much more akin to orchestral movements than the standard verse-chorusverse format. Haunting drones and swirling effects give way to thick, fuzz-laden riffage and shamanistic, half-tempo drumming and back again, providing the perfect redand glazed-eyed soundtrack to a sonic voyage into a Lovecraftian underworld. “Within a song, we try to keep it interesting,” Kitchens said. “Whether the mood changes or whatever, there’s some

Kitchens (left): “People can at least hear something [from us], even if it’s not out at a venue somewhere. They can at least crank it up on a stereo.”

movement to the song. It’s not just 20 minutes of the same riff. For us, it’s just about playing in the moment. Maybe it’s a bit selfish, but those who know us know what to expect.” Though long, wayfaring song structures have been an SME staple from the beginning, the new record is unique to the band’s catalogue in one major respect: The twosome of Kitchens and guitarist William “Dub” Irvin have always been known to use improvisation as a main feature onstage. The synchronicity they’ve developed by playing together for the better part of two decades is a tool they use to help stitch each of their live set’s songs seamlessly together, segueing smoothly from one to the next. However, Netherworld is their first album to employ that off-the-cuff expressionism as the main musical vehicle. Each of the album’s three tracks arose from fully organic jams rather than the two’s usual, more thoroughly developed songwriting process. Empyreum is a kind of journey, the versechorus-verse tracks buffered by pianistic interludes. A strong sense of melody unifies all of the elements. “Each track,” the duo writes, “connects directly to the next in order to trace the path of psychological development from conflict and adaptation, down to the hell of grief and disillusionment, through fiery transformations to a life of new possibilities.” Along with Tatsch, who also played bass, guitar, drums, and organ, several other artists — Zhang Zhang (violin), Martin Osten (cello), Brad Dalton (violin), and Price’s wife, Leila-Scott Price (backing vocals) — contributed. Mikael Eldridge, a.k.a. Count, mixed and mastered it. It’s a deep, patient listen that rings high and clear. From his impressionistic lyrics back in the day, Price has grown into a more direct yet no less imagistic poet. “The king is sick and requests fabric and a ring,” he sings on leadoff track “Masks.” “No dragons will be slain today, the hero’s after other things / Like how to hold a daydream in the palm of your hand

“For the most part, Dub and I usually write our songs individually, and then we’ll get together to work them out,” Kitchens said. “But, basically, all the tracks on this album were improvised. It’s probably nothing you’d ever hear us playing again. ‘At Crystal Lake’ was essentially a studio outtake from when we recorded our last album, Darkness Dimensions Disillusion. It was roughly a 20 minute-long jam thing we did to get warmed up to record that we kinda just chopped off parts of to use for this record.” In a clever gag, each song’s title is inspired from the location where the jam was documented. “Journey on the Nile” was recorded with Josh Block (Leon Bridges, White Denim) at Niles City Sound, “At Crystal Lake” was tracked by Kent Stump (Reverend Horton Heat, Brave Combo) at Dallas’ Crystal Clear Sound, and “Free Thought” was from a live performance in Lafayette, Louisiana, at the Freetown Boom Boom Room. Stump also mastered the project. Though not a conventional approach for them in making a record, Kitchens said that due to the pandemic and not being able to get together to work on material, it was one of necessity. “We just thought it was something good to release because we can’t be out there playing live,” Kitchens said. “People can at least hear something [from us], even if it’s not out at a venue somewhere. They can at least crank it up on a stereo.” The Inexplicable Vibrations of Frequencies Within the Cosmic Netherworld is available now via a limited edition run of CDs featuring killer original artwork by horror/ fantasy graphic artist Joshua Mathus and is also streaming via StoneMachineElectric. bandcamp.com. l / Encountering adventure and things you cannot understand / I’m a fool, I’m a riddle, I’m really quite obtuse / I’m a soul trying to take flight wearing a gilded concrete suit / Held down by forces known within the chambers of my heart / Creating and obstructing my desires from the start / The greatest joke that anyone has ever tried: / Placing wisdom within those who search outside / And up high.” For all my fellow old-heads, I can write as much about John Price as I want. Yes, I’m still friends with him — we text hi-ya-doin’? every once in a while — but that should not preclude my ability to critique or promote his work, especially when I’ve critiqued and promoted a billion other records from people I don’t even know and some I might not even like personally. The Spirit and the Trickster is in keeping with the quality of John Price’s oeuvre. The guy’s music speaks for itself. Visit SpiritandtheTrickster.com and SpiritandtheTrickster.bandcamp.com/ releases. — Anthony Mariani Contact HearSay at anthony@fwweekly.com

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public notice

Texas Commission on Environmental Quality

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Consolidated Notice of Receipt of Application and Intent to Obtain Permit and Notice of Application and Preliminary Decision

Revised Notice of Draft Federal Operating Permit

Air Quality Standard Permit for Concrete Batch Plants Proposed Registration No. 163171

Draft Permit No.: O4204

Public Comment/Public Meeting. You may submit public comments or request a public meeting. See Contacts section. The TCEQ will consider all public comments in developing a final decision on the application. The deadline to submit public comments or meeting requests is 30 days after newspaper notice is published. Issues such as property values, noise, traffic safety, and zoning are outside of the TCEQ’s jurisdiction to consider in the permit process. The purpose of a public meeting is to provide the opportunity to submit comments or ask questions about the application. A public meeting about the application will be held if the executive director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing. If a public meeting is held, the deadline to submit public comments is extended to the end of the public meeting. Contested Case Hearing. You may request a contested case hearing. A contested case hearing is a legal proceeding similar to a civil trial in state district court. Unless a written request for a contested case hearing is filed within 30 days from this notice, the executive director may approve the application. A person who may be affected by emissions of air contaminants from the facility is entitled to request a hearing. To request a hearing, a person must actually reside in a permanent residence within 440 yards of the proposed plant. If requesting a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number; (2) applicant’s name and registration number; (3) the statement “[I/we] request a contested case hearing;” (4) a specific description of how you would be adversely affected by the application and air emissions from the facility in a way not common to the general public; (5) the location and distance of your property relative to the facility; (6) a description of how you use the property which may be impacted by the facility; and (7) a list of all disputed issues of fact that you submit during the comment period. If the request is made by a group or association, one or more members who have standing to request a hearing must be identified by name and physical address. The interests which the group or association seeks to protect must be identified. You may submit your proposed adjustments to the application which would satisfy your concerns. See Contacts section. TCEQ Action. After the deadline for public comments, the executive director will consider the comments and prepare a response to all relevant and material, or significant public comments. The executive director’s decision on the application, and any response to comments, will be mailed to all persons on the mailing list. If no timely contested case hearing requests are received, or if all hearing requests are withdrawn, the executive director may issue final approval of the application. If all timely hearing requests are not withdrawn, the executive director will not issue final approval of the permit and will forward the application and requests to the Commissioners for their consideration at a scheduled commission meeting. The Commission may only grant a request for a contested case hearing on issues the requestor submitted in their timely comments that were not subsequently withdrawn. If a hearing is granted, the subject of a hearing will be limited to disputed issues of fact or mixed questions of fact and law relating to relevant and material air quality concerns submitted during the comment period. Issues such as property values, noise, traffic safety, and zoning are outside of the Commission’s jurisdiction to address in this proceeding. Mailing List. You may ask to be placed on a mailing list to receive additional information on this specific application. See Contacts section. Information Available Online. For details about the status of the application, visit the Commissioners’ Integrated Database (CID) at www.tceq.texas. gov/goto/cid. Once you have access to the CID using the link, enter the registration number at the top of this notice. Contacts. Public comments and requests must be submitted either electronically at www14.tceq.texas.gov/epic/eComment/, or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. Please be aware that any contact information you provide, including your name, phone number, email address and physical address will become part of the agency’s public record. For more information about this application or the permitting process, please call the TCEQ Public Education Program toll free at 1-800-687-4040 or visit their website at www.tceq.texas.gov/goto/pep. Si desea información en Español, puede llamar al 1-800-687-4040. Further information may also be obtained from A & W Industries, Inc., P.O. Box 130, Grapevine, Texas 76099-0130 or by calling Mr. Venkata Godasi, Graduate Engineer, AARC Environmental, Inc. at (713) 974-2272. Notice Issuance Date: December 10, 2020

The purpose of a federal operating permit is to improve overall compliance with the rules governing air pollution control by clearly listing all applicable requirements, as defined in Title 30 Texas Administrative Code § 122.10 (30 TAC § 122.10). The draft permit, if approved, will codify the conditions under which the area must operate. The permit will not authorize new construction. The executive director has completed the technical review of the application and has made a preliminary decision to prepare a draft permit for public comment and review. The executive director recommends issuance of this draft permit. The permit application, statement of basis, and draft permit will be available for viewing and copying at the TCEQ Central Office, 12100 Park 35 Circle, Building E, First Floor, Austin, Texas 78753; the TCEQ Dallas/Fort Worth Regional Office, 2309 Gravel Dr, Fort Worth, Texas 76118-6951; and the Fort Worth Public Library, 1300 N.E. 35th Street, Fort Worth, Texas 76106-4553, beginning the first day of publication of this notice. The draft permit and statement of basis are available at the TCEQ Website: www.tceq.texas.gov/goto/tvnotice At the TCEQ central and regional offices, relevant supporting materials for the draft permit, as well as the New Source Review permits which have been incorporated by reference, may be reviewed and copied. Any person with difficulties obtaining these materials due to travel constraints may contact the TCEQ central office file room at (512) 239-2900. Public Comment/Notice and Comment Hearing. Any person may submit written comments on the draft permit. Comments relating to the accuracy, completeness, and appropriateness of the permit conditions may result in changes to the draft permit. A person who may be affected by the emission of air pollutants from the permitted area may request a notice and comment hearing. The purpose of the notice and comment hearing is to provide an additional opportunity to submit comments on the draft permit. The permit may be changed based on comments pertaining to whether the permit provides for compliance with 30 TAC Chapter 122 (examples may include that the permit does not contain all applicable requirements or the public notice procedures were not satisfied). The TCEQ may grant a notice and comment hearing on the application if a written hearing request is received within 30 days after publication of the newspaper notice. The hearing request must include the basis for the request, including a description of how the person may be affected by the emission of air pollutants from the application area. The request should also specify the conditions of the draft permit that are inappropriate or specify how the preliminary decision to issue or deny the permit is inappropriate. All reasonably ascertainable issues must be raised and all reasonably available arguments must be submitted by the end of the public comment period. If a notice and comment hearing is granted, all individuals that submitted written comments or a hearing request will receive written notice of the hearing. This notice will identify the date, time, and location for the hearing. Written public comments and/or requests for a notice and comment hearing should be submitted to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087, or electronically at www14.tceq.texas.gov/epic/eComment/ and be received within 30 days after the date of newspaper publication of this notice. Please be aware that any contact information you provide, including your name, phone number, email address and physical address will become part of the agency’s public record. A notice of proposed final action that includes a response to comments and identification of any changes to the draft permit will be mailed to everyone who submitted public comments, a hearing request, or requested to be on the mailing list for this application. This mailing will also provide instructions for public petitions to the U.S. Environmental Protection Agency (EPA) to request that the EPA object to the issuance of the proposed permit. After receiving a petition, the EPA may only object to the issuance of a permit which is not in compliance with the applicable requirements or the requirements of 30 TAC Chapter 122. Mailing List. In addition to submitting public comments, a person may ask to be placed on a mailing list for this application by sending a request to the Office of the Chief Clerk at the address above. Those on the mailing list will receive copies of future public notices (if any) mailed by the Chief Clerk for this application. Information. For additional information about this permit application or the permitting process, please contact the Texas Commission on Environmental Quality, Public Education Program, MC-108, P.O. Box 13087, Austin, Texas 78711-3087 or toll free at 1-800-687-4040. Si desea información en Español, puede llamar al 1-800-6874040. Further information may also be obtained for Motiva Enterprises LLC by calling Ms. Naomi McElroy at (713) 427-3609. Notice Issuance Date: March 25, 2020

fwweekly.com

This application was submitted to the TCEQ on October 30, 2020. The executive director has completed the administrative and technical reviews of the application and determined that the application meets all of the requirements of a standard permit authorized by 30 TAC § 116.611, which would establish the conditions under which the plant must operate. The executive director has made a preliminary decision to issue the registration because it meets all applicable rules. The application, executive director’s preliminary decision, and standard permit will be available for viewing and copying at the TCEQ central office, the TCEQ Dallas/Fort Worth regional office, and the Grapevine Public Library, 1201 Municipal Way, Grapevine, Tarrant County, Texas, beginning the first day of publication of this notice. If the public viewing place at the library is closed to the public, then the required documents can be viewed online at https://www.aarcenv.com/Shares/A&W-Industries-Inc-Grapevine-Air-Permit-Application-and-Submissions.pdf. The facility’s compliance file, if any exists, is available for public review at the TCEQ Dallas/Fort Worth Regional Office, 2309 Gravel Dr, Fort Worth, Texas. Visit www.tceq. texas.gov/goto/cbp to review the standard permit.

Application and Draft Permit. Motiva Enterprises LLC, PO Box 4540, Houston, TX 77210-4540, has applied to the Texas Commission on Environmental Quality (TCEQ) for an initial issuance of Federal Operating Permit (herein referred to as Permit) No. O4204, Application No. 30023, to authorize operation of the Fort Worth Terminal, a Petroleum Bulk Stations and Terminals facility. The area addressed by the application is located at 3200 N Sylvania Ave in Fort Worth, Tarrant County, Texas 76111-3113. This link to an electronic map of the site or facility’s general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to the application. You can find an electronic map of the facility at: http://www.tceq.texas.gov/assets/public/ hb610/index.html?lat=32.80058&lng=-97.30633&zoom=13&type=r. This application was received by the TCEQ on February 3, 2020.

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Application. A & W Industries, Inc., has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit, Registration No. 163171, which would authorize the continued operation of the existing concrete batch plant located at 817 Dawn Lane, Grapevine, Tarrant County, Texas 76051. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=32.93384&lng=-97.06755&zoom=13&type=r. The proposed facility will emit the following air contaminants: particulate matter including (but not limited to) aggregate, cement, road dust, and particulate matter with diameters of 10 microns or less and 2.5 microns or less.

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