Naked City

Worthy Mothers — a documentary about adoptive gay and lesbian parents — may be pulled from this year's Austin Gay & Lesbian International Film Festival. Responding to personal pleas (and veiled legal threats) by three women featured in the locally made documentary, aGLIFF organizers said they were still weighing the decision at press time Wednesday. The three say they were unaware that filmmaker Jessica Bega had planned to screen the documentary for general audiences, particularly here in Austin. Bega, however, says each of the "15-20 people" interviewed in the film — including lawyers, judges, social workers, and parents — signed releases. "This was supposed to be an educational piece about gays and lesbians adopting children," Bega says. "Now everyone seems to have forgotten the important message of the film." Perhaps it's not surprising that message was lost on local media hounds, who were more interested in Travis Co. Sheriff Margo Frasier's role in the film. Frasier,who reveals a very tender, personal side of herselfin the film, declined to comment Wednesday. —A.S.

Environmental voters now have a much simpler choice in the race for Travis County commissioner, Pct. 3, as independent challenger Kirk Mitchell has withdrawn his name from the ballot. Discussions between Mitchell and Democratic candidate Nan Clayton, encouraged by intermediaries hoping to avert a possible spoiler campaign, persuaded Mitchell that he and Clayton were in "significant philosophical agreement" about the future role of county government and that Clayton could be trusted to carry the anti-sprawl banner. Mitchell says it's a "bittersweet" concession to drop out of the race, but that he will continue spreading the gospel of Smart Growth to county residents — encouraging public support for curbs on sprawl-inducing infrastructure and water quality protection. Clayton, meanwhile, can now square off directly against young Republican and property rights advocate Todd Baxter. — K.F.

Rise and shine Sunday morning for an emergency meeting of Barton Springs swimmers and Polar Bear members. BillAdorno, an engineer and Polar Bear, will present a plan to protect salamanders in the pool without drastically restricting swimmers' access to the pool. Adorno's plan is an alternative to the one put forward by the city and the U.S. Fish and Wildlife Service as part of a habitat conservation plan to protect the endangered species — and to allow the city to continue cleaning the pool. The meeting starts at 9am on the west side of the pool...

Will Palmer Auditorium be the future home of a performing arts center? That decision could be up to voters if the Austin City Council votes today, Thursday, Sept. 3, to add the item to the Nov. 3 ballot. Supporters of the plan will gather on the north side of Palmer at 5:30pm today, and march to council chambers for a 7:30pm public hearing. — A.S.

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Me and Mr. Jones

Tim Jones, an environmental activist and member of the city's Environmental Board, is facing criminal trespassing charges for entering land owned by FM Properties, now known asStratus Properties. Jones was caught trespassing on the company's land on April 25, 1997. Travis County Sheriff's deputies talked to Jones at the scene and later issued a warrant for his arrest. An incident report filed by a deputy at the scene stated, "Jones told me he knew he was trespassing." The report also states that Stratus officials were clear in their desire to have Jones prosecuted. The trial is scheduled for Sept. 14.

Last October, FM Properties Operating Co. agreed to pay a $1,080 fine to the Texas Natural Resource Conservation Commission for polluting Barton Creek. FMPO agreed to pay the fine for violating the Texas Water Code by "discharging water containing sediments and suspended solids from the Barton Creek Development construction site into a tributary of Barton Creek... on or about April 21, 1997." According to the TNRCC, FMPO was the first company ever fined for polluting Barton Creek.

The case against FMPO was made by Jones, who videotaped the pollution coming from the company's land and later called in city and TNRCC inspectors. A water quality sample by city inspectors found the turbidity of the water coming from the FMP site was 150 times higher than that in Barton Creek. Four days later, on April 25, Jones was back on the company's land, filming silt-laden runoff that was flowing into Sycamore Creek, which in turn flows into recharge points in the Edwards Aquifer. But this time, Freeport officials spotted Jones and called the sheriff's office. Now, the company is having Jones prosecuted.

David Reynolds, Jones' attorney, does not dispute that Jones was trespassing, but says his client's actions were justified, and they will use a defense known as public necessity. Reynolds says the criminal code "allows a citizen to make a criminal law violation if they found it was necessary to enforce the law and protect the public interest." Reynolds says the TNRCC did not have the manpower or the inclination to police the pollution problems at Stratus. Therefore, says Reynolds, Jones had a right to police the situation himself. Jones, who is 55 and has hepatitis C, said the fact that FM Properties is having him prosecuted is "definitely retaliation." He added, "Trespassing to videotape water pollution is not a crime. The continued pollution of the aquifer is a horrible crime. The only way to stop it is to show that we will be vigilant and actions will be taken to prevent this kind of stuff." Phone messages left for Freeport officials were not returned.

There'll be a fundraiser for Jones at ScholzGarten, 5:30pm tonight, Thursday, Sept. 3. Contributions may also be sent to Craig Smith, 716 Congress, Suite 203, Austin, 78701. — R.B.

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Could It Be ... Seton?

Travis County's search for an HMO to operate its public health clinics has led where manyexpected: to Seton Healthcare. As Austin/ TravisCounty Health and Human Services executive manager Stephen Williams hammers out details for a primary care plan with Seton officials, board members at the county's community centers are antsy about the future of their clinics. Seton is expected to submit its final offer to commissioners in about two weeks, after which the plan will be unveiled at a series of public hearings. County Judge Bill Aleshire says no decision will be taken on Seton until after those hearings.

Meanwhile, county officials are spreading assurance that health care will not be compromised through privatization. Commissioner Darwin McKee spoke at a recent board meeting of the East Rural Community Center in Manor, promising board members that if primary care is turned over to Seton, "you will not have any less service, and you will not be any further from service." That didn't go far to appease the board, whose members are particularly anxious about the fate of their clinic, having just rebuilt and expanded their community center after it burned down in 1994.

But as McKee prepared to leave, he tossed out a further nugget of hope, noting that Democratic candidate Sam Biscoe is favored to win the election for county judge in November. "Y'all know how he feels about this place,"McKee said. "Anybody who would suggest thatwe're going to be shutting down this center will be in trouble."

County employees, however, have more to worry about than clinic closings. As part of its mission to wrest control of county social services away from the city, the Commissioners Court recently approved a new management structure to oversee the delivery of emergency assistance and other aid programs. The reorganization is a response to county employees who felt neglected by the existing HHS system, but it will also create shake-ups that have some county administrators wondering where they will land. This one is just getting started. — K.F.

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Troxell Critiques Plan

Last week, Richard Troxell, director of Legal Aid for the Homeless of Central Texas, took aim against Mayor Kirk Watson's Homeless Self-Sufficiency and Responsibility Initiative as he addressed the ACLU Central Texas Chapter at its monthly forum. Troxell and the ACLU emphatically oppose Austin's public camping ban. Troxell maintains that Watson promised him a council vote on repealing the controversial camping ban, but the vote has yet to materialize because Watson has too many political irons in the fire right now. To wit, the city of Austin plans to lobby the legislature in 1999 for increased law-and-order authority to deal with recalcitrant homeless lawbreakers. If it is approved, county courts could fine repeat offenders up to $2,000, sentence them to up to 180 days in jail, or require community supervision with mandatory rehabilitation. Troxell maintains that the rehab component of the proposal is woefully under-funded in the current budget, and that the new law-and-order authority will likely result in incarceration of a significant portion of the downtown homeless.

The city's legislative package would also grant municipal courts specific authority to require substance abuse treatment for Class-C scofflaws, and establish a downtown community court to improve public order and link the downtown community with the justice system. Troxell contends that even if the city ponies up the additional cash, rehab without job training, job placement, and follow-up services would leave the homeless without means to get off the wheel of poverty, relapse, and incarceration. Troxell drafted a resolution declaring the indigent homeless population as a "protected class"which, in constitutional parlance, triggers legal protection under the 1964 Civil Rights Act and the 14th Amendment's Equal Protection Clause.

Other aspects of Watson's broad homeless initiative that are strumming the harp of discord include the Day Labor Plan and a Central Business District Zoning Overlay. The Day Labor Task Force, in its Aug. 26 report to City Council, recommended physically separating the day labor program from homeless services, establishing a structured one-stop labor center outside the central business district, seeking an agreement with INS allowing local control of immigration enforcement, and "assisting" the Capital Area Workforce Development Board in assuming responsibility for the day labor program and population. The Zoning Overlay would offer economic incentives for businesses to locate in the vicinity of homeless services, in order to encourage downtown development and check diminution of business and property values. Opponents, including Troxell, see the two plans as a ruse to corral the day labor population and push social and homeless services out of downtown.

Watson's initiatives have provoked much-needed debate on solutions to the problems of the homeless and those with whom they coexist. While Watson plays lion tamer to myriad competing interests, including the Downtown Austin Alliance, the Downtown Neighborhood Association, property owners, social services agencies, and Troxell and his ilk, we can all be assured of one thing — Watson can't solve a problem this complex without igniting a ton of fireworks. — W.O.