It’s Like Deja Vu All Over Again

by Pete Wann

It’s official — Wendy Davis is a viable and threatening challenger for the Texas State Senate seat currently held by Republican Kim Brimer.

Today (just before the holiday weekend, a date certainly chosen to minimize news coverage) it was announced that Brimer is suing Davis, essentially claiming the exact same thing that those three firefighters claimed way back in December. (Both the firefighters and Brimer are employing the services of Republican strategist Bryan Eppstein. Coincidence?)

Why sue, and why now?

Well, a couple of weeks ago, two different groups released poll results showing that despite holding this office for five years (and being IN office for nearly 20), Brimer has no greater name recognition than Davis across the district. That’s nearly unheard of for an incumbent.

Earlier this year, Brimer was implicated in a scandal around a home he purchased then rented back to himself in Austin, and recently it’s come out that Brimer over-repaid himself for a couple of loans he made to his campaign way back in 1987.

Davis has been garnering tons (or what passes for tons in a State Senate race) of press coverage, she was a VERY popular City Council member in Fort Worth, and she is definitely benefiting (in the form of “throw da bums out!” sentiment toward incumbents) from the momentum created during the raucous primary season the Democrats have been having.

If anyone doubted her chances of winning against Brimer, then this lawsuit and its timing (which smacks of desperation, no matter what side you’re on) is proof that her opponent is definitely taking her seriously.

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22 Comments, Comments or Pings

  1. This makes me giggle.

    How can people not know Mr. Brimer? Didn’t he get us the NFL Network so we can watch Cowboys games?

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  2. Senator Brimer made a big mistake. However his mistake was not in suing Wendy Davis. As I recall, when the court threw out the previous challenge to her candidacy they basically stated that Senator Brimer was the only person with standing to sue. It is important to note that the court did not rule that Ms. Davis’ candidacy was legal, only that the firefighters did not have legal standing to challenge it. I find it interesting that when a court ruled the same thing about the so-called “Trinity Trees” issue everyone was up in arms. A double standard perhaps?

    No, Senator Brimer’s critical mistake was in allowing his district to become dominated by Fort Worth. When he was originally elected to the seat the district was almost wholly an Arlington district. So while he is technically an incumbent, he lacks name recognition in Fort Worth.

    You make a good point about the “throw da bums out!” sentiment. That may carry Ms. Davis to victory. However, my feeling is that is more of a national thing. Texans tend to keep their politicians feeding at the public trough for long periods. If you look at the precincts that make up that district they all went heavily for President Bush last time. Yes, Fort Worth’s demographics and politics are changing. But I’m guessing they haven’t changed that much. My predication: Brimer 54% Davis 46%.

    (In the interest of full disclosure let me say that years ago I did a little bit of work on a personal project for Senator Brimer. However, I have actually never met the man in person.)

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  3. JPS:

    That’s an interesting point about standing regarding Trinity Trees. You are also correct about the previous suit being dismissed over standing, but another issue the last time around that could come into play again on this suit is timing. The courts didn’t look favorably on the timing of the suit last time, and I imagine that the courts will wonder why Brimer waited six months to file suit. When the dust settles on all of this, I believe that the courts will not want get involved in this suit.

    You make another interesting point about the district map. How did the Republican get Brimer into this mess when they drew the lines several years ago? However, I think this election will be won or lost in the Mid-Cities. Wendy has good name ID and rep in Fort Worth and I think she will be hard to dislodge there. Will she play well in traditional Republican voting precincts in Arlington and H-E-B? We’ll see. She’s got a pretty compelling story — single mom who worked her way up from TCJC to Harvard and became a successful small business woman. If she’s able to get that story across, she could do well. If Eppstein is able to just get voters to think Wendy=Hillary, it could be a tough go.

    But that’s where I think something else could come in to play — the down-ticket ramifications of the presidential election. Will some conservatives who are unhappy with McCain just stay home? Will droves of first-time voters for Obama come out and cast straight-ticket votes for the Dems?

    However, its easy to see how Brimer is scared. An incumbent with his track record running so close an opponent this far out from the election is not a good sign.

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  4. ears1foru

    I agree that Brimer is spending the money on this lawsuit to avoid a very tough battle but here is how I see it working out. Brimer’s case does have merit..Wendy should have paid alot more attention to small details..serve but don’t accept pay, for example. Note when and why Perry set elction date for special election, she could have pushed council to hold election earlier, thus making Burns swearing in a nonissue. Filling out proper paperwork to withdraw from ballot before attempting to refile. Etc.

    Wendy is popular among most Fort Worth folks, but remember Brender was opposed to her at first. Next say what you want about police and firefighters but when their mailings hit stating she was opposed to fighting crime and securing our neighborhoods, it will be effective. Mailings to West Fort Worth blaming her for putting public housing project in their backyard and then redistricting that area out of her district.

    Then the nasty stuff starts…success story, husband puts her through law school, taking care of her kids after graduation she is let go from Kelly-Hart and sues Dee Kelly (so long downtown and Bass money) gets divorced in not the best situation and has a title of VP at Republic Title that was part of divorce settlement. Not the fairy tale success story that itis made out to be.

    Meanwhile she lays out all rent stuff etc on Brimer. Finally everyone gets on the Firefighters for filing a suit. The same folks print as gospel anything put out by Matt Angle at the Lone Star Project, Matt the brother of J.D. Angle the campaign consultant for Davis, the significant other of the Councilman Joel Burns who tryed to swear himself in early to help Davis campaign. Oh what a web there is almost like trying to dot the lines of what Rivercrest family is married to what other Rivercrest family.

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  5. Steve:

    I agree. I doubt the courts will rule in Brimer’s favor. Most judges are reluctant to take an election out of the hands of the voters; and they should be. The timing issue may provide a good reason for the courts to decline to get involved.

    That doesn’t mean Senator’s Brimer’s suit is a wasted effort or a desperate one. Strategically, it’s a good move. It throws a little doubt into the minds of supporters, especially contributors. The main reason for giving money to a candidate is to buy access to them once they are in office. As long as people have a little bit of doubt that perhaps the courts won’t allow Ms. Davis to serve, they may be reluctant to give. It also can distract Ms. Davis from campaigning. Every hour spent at a court hearing or meeting with her lawyers is an hour she’s not out meeting voters. Lastly, it reminds voters that she abandoned her council seat very shortly after winning it. That helps portray her as just another power-hungry, ambitious, politician; not the concerned, caring, community activist she would rather portray herself as.

    You’re right about the mid-cities being a key area. However, another battleground may be the southwest part of the county. In addition to southwest Fort Worth, that district includes Crowley, Benbrook, and the Tarrant County portion of Burleson. That area has seen a lot of growth and almost all the voters are your traditional suburbanites that have been the source of Republican victories. I doubt many out there have ever heard of either candidate.

    Also, I don’t think those in Fort Worth that have heard of Ms. Davis and live outside her council district will be too inclined to support her. Ms. Davis’ policy of anything and everything for the central city and the outlying areas of the city can just go to hell played well with the latte liberals in her own district. But she may have trouble explaining to suburban Fort Worth voters why the city could afford to spend $50,000 on each “artistic” light pole along Lancaster Avenue downtown while taxpayers in outlying areas drive on little old bumpy county-type roads with no street lights, much less artistic ones.

    Interesting point about the down-ticket effect of the Presidential race. In theory, the presidential race shouldn’t matter. I can’t imagine any scenario where McCain would not get Texas’ electoral votes. But your idea that Obama’s supporters will show up big to show their support regardless can’t be overlooked. And you’re right, most conservative Republicans are less than thrilled with McCain. But those types also tend to see voting as their civic duty. I predict most of them will show up, hold their noses, and vote Republican.

    But I could be wrong and that’s what makes this election so interesting. This race will be a key test of the current strength of the Republican Party in Tarrant County.

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  6. All very good points, JPS. I think what no one can really anticipate right now is the potential for this to be a very unusual electoral cycle. Texas has been an automatic win in the R column for many years now, and, while I don’t expect that to change this time around, I do think that the large warchest that Obama is accumulating has the potential to change the dynamic. He can spend money in area that D’s have just written off before. Will $4 gas prompt typically reliable Republican voters in the Burbs to change their minds? I dunno. However, I think the potential exists for some goofy things to happen in ‘08. That’s not a prediction, just a hunch.

    Regarding this election as a test case for the strength of the Democratic Party in Tarrant County, I think the D’s are a few elections away from making the same kind of inroad that they have in Dallas. I think it will probably happen if for no other reason than the inevitability of demographics.

    BTW, I love the Lancaster light poles. But I’m a latte liberal, so that shouldn’t surprise anyone.

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  7. dan

    I hate to put a damper on this conversation, but is there a way in the General Election to vote for “none of the above”? I mean, my gosh, you mean in the entire USA we cannot come up with a better pick than these two guys? We lose either way. You can blame $ 4.00 gas now on what transpired some 25 years ago in the 1980’s. When they let all the major independents go down the drain, and let the price of crude fall to $10.00 a BBL, well things were great everyone thought. It was predicted back then this would happen, but now we have the same old crap being passed around again. You think ethanol is the total answer? Think again. Read the book “Barrell of Lies”. What do you think runs those ethanol plants (try natural gas)? And the Democratic Party, is no longer the Democratic Party of FDR or JFK. When you do not have room for a Joe Liebermann anymore, well you are in a world of crap. Obama will be a bust, McCain a close second. But the sheeplie will pretty much fall for anything anymore. If you think “W” was bad, just wait. The worst is yet to come. Sorry to sound like a downer, but that is the way I see it. I hope and pray I am proved wrong. Time will tell.

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  8. ” I don’t think those in Fort Worth that have heard of Ms. Davis and live outside her council district will be too inclined to support her. Ms. Davis’ policy of anything and everything for the central city and the outlying areas of the city can just go to hell played well with the latte liberals in her own district.”

    Priceless quote. I love it, especially the “latte liberals in her own district”…that is so funny to me. To work and live in East Ft. Worth (the heart of all the demographics that latte liberals say they care about), I actually “see” how effective that caring and concern turns out to be and how much that caring and concern cost me as a taxpayer. At this present time I am a supporter of Davis because I like her guts, courage and ability to speak up and show strength on issues. I don’t know all of the details of what she supported and didn’t support throughout her years on the Council and I doubt many people outside of her district do. Seems the more I learn about politics the more sickening it becomes.

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  9. I saw in the Startlegram where Ms. Davis had asked Senator Brimer to join with her in requesting a quick trial of the case. Thus far Senator Brimer has declined to do so. That tells you all you need to know about the real purpose of the suit.

    Dan: Yes, you can vote for “none of the above.” Just look over there where it says “Libertarian Party” and vote for whoever is listed in that column. Those people supposedly running from the Libertarian Party don’t actually exist. Election officials just make up names in order to evenly space the columns across the ballot.

    Suzette: You mean the east side has more pressing concerns than what color to paint the $180,000 guard rails Becky Haskin demanded be installed on the bridges over I-30?

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  10. Ann

    As the representative for District 9 was it not her job to be looking out for that district specifically?… While I think she did an awesome job for District 9, I do disagree that she only looked out for District 9. Add me to the list of latte liberals. A friend of mine and I I joined her along with our kids in strollers to protest the Staples Sign and were called bottle water / latte drinking protesters. But hey the sign came down!

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  11. JPS - Didn’t know about those $180K guard rails but I’ve always loved the guard rails they put over I30 at Oakland. They are awesome and so Ft. Worth! Yes, there are more pressing concerns than the color of guard rails we just don’t have enough people to send emails to our City Councilperson and Mayor to address the pressing concerns, so they get away with doing very little, IMO and can stay focused on the big items that further their personal agendas. I will say that Mayor Moncrief has helped us alot with little stuff like a sign for E. Lancaster near Calhoun Street downtown. Newcomers end up on I30 “before they know it” because the roadways are so confusing just east of the Post Office downtown; getting the overgrown shrubs off of the vacant bldgs on E. Lancaster, getting the FWPD (police dept.) to actually do their jobs on petty crimes, etc. He really responds to such request and we appreciate it much!

    Ann - yes, I agree and think it was Wendy’s job to look after District 9 first and foremost.

    JPS - voting Libertarian - maybe not such a bad idea…at least we wouldn’t be putting people in prison for marijuana possession!! Saving us taxpayers billions and billions on several fronts!!

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  12. Ann:
    You raise a very important issue. Council members are elected to serve the entire city as a representative of their district. The City Charter did not intend for each council district to become a separate fiefdom, micro-managed by a council member. Yet that is what most of them have become. Our City Charter was specifically written to prohibit that type of patronage system. Yet for years the council has ignored the charter and continued to take Fort Worth back to the feudal system of government so popular during the Middle Ages.

    When Wendy Davis opposes the Southwest Freeway, a project promised to the citizens of southwest Fort Worth for years, on the grounds that making it hard for people to get around town will make real estate in own district more desirable, that’s going well beyond looking out for her district.

    I don’t mean to sidetrack this into a bash Wendy Davis thing. But the provincialism shown by politicians like Ms. Davis should not be mistaken for leadership.

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  13. Suzette:
    Go to the Fort Worth Weekly website and do a search on Becky Haskin. You’ll find the whole story of how Ms. Haskin had an epiphany one day driving through Trophy Club and decided she had to have her some fancy guardrails in her district.

    So she browbeat the poor city staff and threw tantrums until she got her way. Of course she waited until construction on the bridges was almost complete before making her petty demands, thereby raising the cost of the project exponentially. While her demands were petty there was nothing petty about the cost.

    You’re right, the guardrails are pretty. Sometimes when I’m racing down I-30 and see those pretty guardrails I could almost think I was in Trophy Club. Then I see a wino passed out under the bridge and realize I’m in East Fort Worth.

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  14. I don’t know JPS, I’ve watched enough pre council meetings to know that Wendy Davis has leadership skills. Hands down — no doubt! From what I have personally witnessed, she “is” a leader! The question is…to where?

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  15. JPS - and when you see that wino passed out under and East Ft. Worth bridge, you call 911 and report public intoxication and/or panhandling right? Then you get the story from the FWPD that they since the wino isn’t a “danger to him/herself or others he/she goes free and/or you get the story from FWPD that the panhandling isn’t aggressive so nothing they can do. Yhea…I know…very frustrating!! That’s why we need Marc Veasey and Wendy Davis speaking up for those sorts of loopholes in the Texas State Law!!

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  16. I supported Wendy 150% on opposing the Southwest Parkway - it’s a terrible idea. Building more highways is about the last thing that we need to be doing these days.

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  17. Greg

    I, too, support Wendy. I have worked with her on a variety of issues and find her to be one of the most knowledgeable public figures in Fort Worth. She is very quick to understand issues and sees far deeper into them than almost anyone around. I only hope she can survive the intellectual vacuum of the State Legislature without going insane.

    A little clarifying history: By the time Wendy entered office, the SW Pkwy was going to exist, but she did do a great job at continuing to push for citizen involvement and to make it more of a parkway than a freeway. The initial opposition to SH-121T was led by FORWARD, and our champion on City Council was Cathy Hirt, Wendy’s predecessor. Both those representatives understood that a road is not just a road, and Fort worth will be better off from that insight. Not as well off as if we could have killed it outright, but better off.

    Characterizing the issue as wanting to make inner city property more valuable is an absurd twist on the actual arguments. I will leave that for others who understand the dynamics of transportation, sprawl, and land use to explain at their leisure.

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  18. Just wondering how those of you who are supporting Senator Obama feel about the fact that apparently (I’ll eat crow with Pete if this is not linkable) Obama used some “get them on the technicalities” tactics in his last campaign for Senate in Chicago that Brimer is trying to use in Ft. Worth on Wendy Davis.
    If you are an Obama supporter, please explain why it’s ok for Obama and not Brimer.

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  19. VinnyV

    I am a Obama and Davis supporter. It’s not ok for Obama or Brimer to get people on “technicalities” - who said it was? Look, politicians are basically slime and more often than not, I end up voting for the one that pisses me off the least or that will screw the middle class the least. Right now, that’s going to be Obama and Davis. Will I be proven wrong? No one knows - that’s the thing about politics. But as far as presidential candidates, it cannot get any worse than the dipstick that we have destroying this country now (yes, that idiot “W”).
    Davis and Brimer may both be just blood-sucking politicians, but Brimer’s had his chance to make a name for himself and do things for this community. What has he done? Nothing. All responses from his office are generic B.S. excuses. It’s time to give someone else a shot. If Wendy does not work out, we can give someone else a chance after that; thankfully we are blessed with a functioning democracy. Let’s keep it functioning for the people by always rejecting these “technicality” B.S. tactics - be they Republican or Democrat and let’s also reject the “Well Obama did it, so Brimer should be able to…” tactics and run this country as citizens loyal to democracy, not as people loyal to one party, one religion, one race, one narrow mind, etc. Damnit, this is America, isn’t it? Some example we seem to be setting for other nations!

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  20. Thanks Vinny. I agree with you on the points above. Also, I could have worded my question a little better and asked “if” anyone thought it was ok for Obama….instead of saying “Why is it ok….” that was my poor choice of words.

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  21. Ross

    Are you talking about the 2004 Senate Race? I was under the impression that his opponents dropped out on their own.

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