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Austin, TX

Llano County says it has a right to cull books on sex, gender and racism

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Llano County says it has a right to cull books on sex, gender and racism


NEW ORLEANS — A Texas county that wants to keep 17 books off its shelves — some dealing humorously with flatulence and others with issues including sex, gender identity and racism — argued its case Tuesday before 18 federal appeals court judges amid questions on whether the rights of the patrons or county officials were at risk. 


What You Need To Know

  • Lawyers for a Texas county that wants to keep 17 books off its library shelves went before 18 federal appeals court judges in New Orleans to argue their case
  • The books in question vary in subject matter
  • Some deal humorously with flatulence and others are on more serious topics including sex, gender identity and racism
  • It is unclear when the full court will rule

 

Library patrons filed suit in 2022 against numerous officials with the Llano County library system and the county government after the books were removed. A federal district judge in Texas issued a preliminary injunction requiring that the books be returned in 2023. But the outlook became murkier when three judges of the 5th U.S. Circuit Court of Appeals split three ways on the issue in June — one saying all 17 books should stay on the shelves, another saying only eight had to stay, and another saying the court should leave it up to the county.

The upshot was that eight books were to be kept on the shelves. But the full court voted to toss that ruling and rehear the case. Tuesday’s arguments were heard by the 17 full-time judges of the 5th Circuit, plus Jacques Wiener, a senior 5th Circuit judge with a reduced workload who was part of the original panel.

It is unclear when the full court will rule.

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Tuesday’s arguments

Judges closely questioned attorneys on both sides as attorneys supporting the county said government officials’ decisions in curating a library’s book selection amount to protected government speech.

Judge Leslie Southwick expressed concern that allowing the officials to remove certain books amounts to repression of viewpoints,.

Judge Stuart Kyle Duncan was more sympathetic to the county, noting a litany of “weeding” guidelines libraries use in deciding which books to stock based on a variety of factors from the age and condition of the book to subject matter that could be considered outdated or racist.

He raised questions of whether a library could be allowed to remove an overtly racist book by former Ku Klux Klan leader David Duke or the children’s book “The Cat in the Hat,” which has been criticized for allegedly drawing on racist minstrel show culture.

What are the books?

The books at issue in the case include “Caste: The Origins of Our Discontent” by Isabel Wilkerson; “They Called Themselves the K.K.K: The Birth of an American Terrorist Group,” by Susan Campbell Bartoletti; “In the Night Kitchen” by Maurice Sendak; “It’s Perfectly Normal: Changing Bodies, Growing Up, Sex and Sexual Health” by Robie H. Harris; and “Being Jazz: My Life as a (Transgender) Teen” by Jazz Jennings.

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Other titles include “Larry the Farting Leprechaun” by Jane Bexley and “My Butt is So Noisy!” by Dawn McMillan.

Already divided

In June’s panel ruling, Wiener, who was nominated to the 5th Circuit by former President George H. W. Bush, said the books were clearly removed at the behest of county officials who disagreed with the books’ messages.

Another panel member was Southwick, a nominee of former President George W. Bush, who agreed with Wiener — partially. He argued that some of the removals might stand a court test as the case progresses, noting that some of the books dealt more with “juvenile, flatulent humor” than weightier subjects.

“I do not find those books were removed on the basis of a dislike for the ideas within them when it has not been shown the books contain any ideas with which to disagree,” Southwick wrote.

Also on that panel was Duncan, a nominee of former President Donald Trump, who dissented fully. “The commission hanging in my office says ‘Judge,’ not ‘Librarian.’ ” Duncan wrote.

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Austin, TX

Austin Police Department updates procedures after controversial deportation

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Austin Police Department updates procedures after controversial deportation


AUSTIN, Texas — An update to the Austin Police Department’s (APD) procedures outlines that officers are not required to contact U.S. Immigration and Customs Enforcement (ICE) when a person is found to have an ICE administrative warrant if they have no other arrestable charge.  

The update follows a controversial deportation from January, when a woman’s disturbance call to APD led to her detainment, alongside her 5-year-old child, who is a U.S. citizen.  

The incident led to questions from the community regarding the way APD is supposed to interact with ICE.  

In a March 4 memo, APD Police Chief Lisa Davis said that the directives provided by ICE administrative warrants could be confusing in their wording.

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According to Davis, officers have not historically regularly encountered administrative warrants while using the National Crime Information Center database, which is used to conduct identity checks. However, in 2025, federal agencies began entering a large volume of administrative warrants into the system.

According to the memo, administrative warrants are formatted in a way that looks similar to criminal warrants in the system.

The APD General Orders have been updated to clearly define the difference between criminal warrants and ICE administrative warrants, as well as specific instructions for how ICE administrative warrants should be handled moving forward.

“APD recognizes the sensitivity of this issue, not only within our city but across the nation. These policies were updated to provide clarity to our officers, ensure compliance with state law, and maintain officer discretion guided by supervisory oversight and operational consideration,” Davis said in the memo.

The updated procedures instruct officers to contact their supervisor when a person is found to have only an ICE administrative warrant, but no other arrestable criminal charge. From there, the officer or their supervisor may contact ICE, but is not required to.

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“Austin Police and City of Austin leadership share a paramount goal for Austin to be a safe city for everyone who lives, works, or visits here,” Davis said in the memo. “We particularly want to ensure that anyone who witnesses or is the victim of a crime feels secure in contacting the police for help.”

According to the memo, the entire APD staff will be required to complete new training regarding these updates.  

“In concert with the policy updates, APD is launching a public webpage to help people understand their rights and provide links to resources available from the City of Austin and community organizations, such as Know Your Rights training,” Davis said in the memo. “The webpage will also include information on the option of using APD Victim Services as an alternative to calling 9-1-1, when appropriate, and links to all general orders and policies related to immigration.”



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Austin, TX

Texas Plans Second Execution of the Year

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Texas Plans Second Execution of the Year


Cedric Ricks spoke in his own defense at his 2013 murder trial, something most defendants accused of a terrible crime do not do. Ricks confessed that he had killed his girlfriend, Roxann Sanchez, and her 8-year-old son. He admitted he was aggressive and had trouble controlling his anger, stating that he was “sorry about everything.” […]



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Austin, TX

Will the rest of Austin allergies seasons be as bad as cedar this year?

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Will the rest of Austin allergies seasons be as bad as cedar this year?


Austin had a particularly itchy and drippy cedar fever season to start the year. Many winter days, from late December into February, had high or very high ashe juniper (aka cedar) pollen counts. 

Central Texas has a year-round allergy season with mold popping up at any time. For the more traditional spring and fall allergy seasons, forecasters at AccuWeather are predicting some of the allergens across the country will be worse this year than average. 

Texas, though, is a different story.

For grass allergies, which happen now through September, AccuWeather estimates Austin will have an average season. However, just west of the Interstate 35 corridor in the Hill Country to almost El Paso, that season is expected to be worse than normal. 

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“Texas may experience above-average grass pollen for a few weeks,” AccuWeather’s allergy report said, “though the season could be shorter-lived compared to northern areas.” 

It all depends on the weather

How much rain we get in the next six months and the perennial Texas heat will all affect the growing season for grasses and weeds, as well as the amount of pollen trees produce. The Farmers’ Almanac and the Old Farmers Almanac are both predicting a wetter and warmer spring.

Rain helps plants grow, which can increase pollen production over time. However, rainfall during allergy season can also bring temporary relief by washing pollen out of the air. That’s what we’re expecting this weekend, with our first meaningful rain chance in nearly three weeks. Tree and weed pollen levels might briefly drop, but mold could spike because it thrives in damp, humid weather. 

If spring continues with excessive heat like we saw in February, it could limit the growth of some plants and trees. Extreme heat can reduce how much they grow, and how much pollen they produce. On the other hand, if we get a healthy balance of rain and only slightly above-normal temperatures — not extreme heat — pollen counts could climb. That’s especially true as we head into April, typically our windiest month of the year, which helps spread pollen more easily.

How can you treat allergies in Austin?

If you are feeling the effects of allergies, here are some things you can do to lessen them: 

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  • Start taking allergy medication at least two weeks before your allergen’s season is supposed to start. Keep taking your allergy medication throughout your allergen’s season, even on low-pollen days.
  • Vary your allergy medication. You can take a nasal spray, an eye drop and an oral antihistamine at the same time to treat the different symptoms. If one kind of allergy medication isn’t working, consult your doctor about whether you should add a second one or switch out the medication. 
  • Take a shower before going to bed.
  • Take off outside clothes or shoes when you get into the house.
  • Do a daily nasal wash such as a neti pot or saline spray.
  • Consider seeing an allergist to get drops or shots to lessen your reaction to the allergen. 

Consider these household tips to improve your chances of keeping allergens away:

  • Change the filters in your house regularly during cedar fever season.
  • Vacuum and sweep regularly. 
  • Change your sheets, especially your pillow regularly. 
  • Keep doors and windows closed.
  • Clean out the vents in your home.
  • Have your home tested for indoor allergens such as mold.
  • Wash and brush the animals in your house to lessen the amount of allergens in the air. 
  • Wear a mask outside or inside while you are trying to lessen the pollen or mold indoors.



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