Dallas, TX
Dallas police won’t enforce controversial prostitution ordinance after court ruling
Dallas police will no longer enforce a controversial prostitution ordinance after a judge ruled it was unconstitutional, according to emails obtained Tuesday by The Dallas Morning News.
The “manifesting the purpose of engaging in prostitution” ordinance — a misdemeanor punishable with a fine of up to $500 — won’t be enforced by citations or arrests until further notice after discussions with the city attorney’s office, according to the emails sent by police officials to employees.
The move comes just days after County Criminal Court of Appeals Judge Kristin Wade ruled the law was unconstitutionally vague and overbroad. Catherine Cuellar, a city spokeswoman, said Tuesday the “City Attorney’s Office is aware of the court’s opinion, and we are considering the city’s options. The City has until mid-August to appeal.”
Texas law already penalizes the solicitation of prostitution. But police must meet a higher standard than the ordinance, which allows officers to issue a citation if a person is a known prostitute; repeatedly beckons to others or tries to engage them in conversation; or attempts to stop a vehicle by waving, hailing “or any other bodily gesture.”
The ordinance has been in place for decades but has long been criticized for the considerable leeway it affords officers. The Dallas City Code allows police to cite a person who loiters in a public place in a manner that is “manifesting the purpose” of soliciting prostitution. Critics argued it essentially criminalized “talking while walking.”
Dallas police spokespeople declined this week to specify how many citations and arrests were issued by the department under the ordinance, instead directing a reporter to file an open records request. The department has not yet responded to the request but has 10 business days to do so. A police spokeswoman directed inquiries Tuesday to the city attorney’s office.
Police were ramping up enforcement efforts in the department’s Northwest Patrol Division, which in June launched a new “prostitution task force,” or a group of officers who specialize in responding to prostitution issues.
Proponents of the ordinance argue the ruling could hinder police efforts to crack down on a long-standing problem frequently complained about by business owners and residents. The areas near Harry Hines Boulevard, Walnut Hill Lane and Shady Trail have long been regarded by police as the city’s main corridor for sex work.
Police officials say officers may need to lean more heavily on undercover work, which requires larger operations and is more dangerous.
Critics of the ordinance say it is vague, leads to questionable enforcement in over-policed areas and seeks a shortcut to fight crime that violates citizens’ constitutional rights.
The ordinance was challenged after Iqbal Jivani was cited last August on suspicion of loitering with the purpose of engaging in prostitution in the 11100 block of Shady Trail in northwest Dallas, according to court documents. Jivani was in a known prostitution area “and stopped to engage passers-by in conversation,” police alleged.
In her ruling last week, Wade agreed with a municipal judge that the ordinance punished constitutionally protected conduct like talking to passers-by and waving at cars. She wrote the law could result in bias toward areas with higher crime rates or lower-income populations. A citation could be issued in South Dallas for behavior considered lawful in North Dallas, she said.
Dallas has a similar ordinance for “manifesting the purpose of selling illegal drugs and chemicals,” which has also long faced scrutiny for its broad language and the wide discretion it gives police, according to a 2004 Dallas Observer article.
Other cities across the country have had similar laws face criticism for the broad leeway they give officers. In New York, a state anti-loitering law created to address prostitution was repealed in 2021. California repealed its anti-loitering law in 2022.
In Phoenix, Ariz., a civil rights group condemned a local ordinance after a transgender college student was prosecuted on charges of manifesting prostitution in 2014. That ordinance is still being used, and the majority of those facing charges in the past two years were Black, according to the Phoenix New Times.
”It kind of paves the way for sex workers to be criminalized just simply based on appearance,” said Savannah Kumar, an attorney with the American Civil Liberties Union of Texas.
Anyone could be criminalized because an officer believed them to be a sex worker, and being in a more heavily-policed area could put people at risk, Kumar said. When ordinances are overbroad, they can create a chilling effect on constitutionally protected actions because people are afraid of being criminalized or dealing with court proceedings as a result.
“That’s such a big harm in itself,” Kumar said. “It’s important to be thoughtful about the text of ordinances like these, even before they’re passed, so that those harms don’t actually manifest and that people are able to … have that freedom to express themselves in public spaces without that fear of criminalization.”
Dallas, TX
Cowboys coaching search: Could Jason Witten replace Mike McCarthy?
Dallas Cowboys owner Jerry Jones is exploring options for a new head coach following the departure of Mike McCarthy, and one name generating buzz is franchise legend Jason Witten. Known as the best tight end in Cowboys history, Witten has long been a favorite of Jones and is being considered for the high-profile role.
McCarthy and the Cowboys parted ways after five seasons, ending a tenure that included three consecutive 12-5 records but just one playoff win. The coaching search is officially underway, and Witten’s name has surfaced alongside other contenders.
Witten, an 11-time Pro Bowler and the franchise leader in games starts, receptions, and receiving yards, has deep ties to Dallas. While his coaching experience is limited to leading a private high school team to a state championship, his leadership qualities and familiarity with the organization make him a compelling, albeit unconventional, option.
If hired, Witten would follow a path similar to Detroit Lions head coach Dan Campbell, another former Cowboys tight end. Campbell transitioned to the NFL coaching ranks after years of assistant coaching experience, a step Witten has yet to take. However, Jones has a history of making bold decisions, and Witten’s intimate understanding of the Cowboys’ culture could give him an edge.
While some question whether Witten’s high school coaching background is sufficient preparation for the NFL, Jones values loyalty and passion for the franchise, qualities Witten embodies. His connection with the Cowboys and leadership on and off the field could make him an intriguing choice to guide the team into its next chapter.
Jones’ next coach will be his ninth. The first four were first-time NFL head coaches, starting with Jimmy Johnson when Jones bought the team in 1989. The former University of Miami coach won back-to-back Super Bowls before an acrimonious split with Jones, his college teammate at Arkansas.
Three of Jones’ past four hires had NFL head coaching experience, including Super Bowl winners Bill Parcells and McCarthy. The exception was former Dallas quarterback Jason Garrett, the longest-tenured coach under Jones at nine-plus seasons.
The Cowboys have yet to release updates on the search, but Jason Witten remains a name to watch as the process unfolds.
Dallas, TX
Dereck Lively Gets Key Ankle Injury Update For Dallas Mavericks
About four minutes into the Dallas Mavericks’ recent contest against the Denver Nuggets, starting center Dereck Lively left the contest with an ankle injury.
Evidently, the Mavericks are already dealing with massive injuries to Luka Doncic and Kyrie Irving. Those two superstars lead the team and Lively is right up there as one of the more impactful players on the team.
However, just one day after the injury, Lively has already gotten X-ray updates back on his sprained right ankle, and it’s a bit of a relief for Mavericks fans. Chris Haynes provided the recent update.
“Dallas Mavericks center Dereck Lively II received an X-ray on his sprained right ankle and results were negative. No timeline established as of now,” Haynes reported.
The Mavericks are struggling to stay healthy, though doing so by April is the main goal and it’s just January. Lively has had issues remaining on the hardwood for the club in his inaugural two seasons, and it’s leaving some fans concerned.
READ MORE: Latest Timeline for Luka Doncic’s Return to Dallas Mavericks Revealed
Stick with CommanderGameday and the Locked On Commanders podcast for more FREE coverage of the Washington Commanders throughout the 2024 season.
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Dallas, TX
In messy city manager search, Dallas council failed in its fundamental job
The Dallas city manager search has unspooled in the chaotic style we’ve come to expect from this City Council. There was the ho-hum recruitment brochure draft featuring the wrong skyline. There was the council civil war over the timeline of the search and the flow of information about candidates. And nothing says “we’ve got our act together” like eleventh-hour candidate interviews the day before Christmas Eve.
When two original semifinalists and a former Dallas city official dropped out of the race, no one was surprised.
We wish the next city manager the best of luck because no amount of talent and hard work can overcome a fundamental flaw of this search, and that is the lack of formal, measurable goals by the City Council. Our city is about to hire its CEO, but its board of directors has no metrics to set expectations or hold that person accountable for the most important job in Dallas.
If you want to understand how dysfunctional the situation is, start with the fact that the council’s appointees — the city manager, city attorney, city secretary and city auditor — haven’t had a performance review in more than two years. Our last city manager, T.C. Broadnax, had his last evaluation in August 2022. He left in May 2024. Interim City Manager Kimberly Bizor Tolbert, the front-runner for the job, hasn’t had an evaluation since her appointment last spring.
The council has hired a consultant over the years to help conduct the evaluations of its appointees. But no consultant can fix this council’s main problem, and that is its inability to come together to develop a consensus around four or five priorities and the metrics to measure progress in those areas.
Even when performance reviews for council appointees were happening, the process was broken. The council’s consultant called council members individually to solicit feedback, with the consultant identifying “themes” shared verbally with the council, and with no particular comments attributed to specific people, according to a 2022 memorandum from Management Partners, the firm hired to do the work. The city manager and other appointees were “invited” to prepare a report on their accomplishments and goals for next year, with the potential for “refinements” based on council input.
There was no written report from the performance evaluation, other than any goals reports produced by the appointees.
It’s a shockingly wishy-washy approach to evaluating an employee, let alone a C-suite executive.
And don’t expect even a veneer of transparency for taxpayers. Last year, we requested Broadnax’s goal reports and were told by the city that there were no responsive records, only to hear a council member remind her colleagues last week that Broadnax produced a memo with his goals after his last performance review in 2022. City staff failed to release this memo in response to our request. Such a document should be public under the Texas Public Information Act.
Now, on the brink of hiring its next city manager, the council is panicking about the fact that it hasn’t evaluated its council appointees in a long time and that it has no measurable goals for any of them. The council committee whose job it is to codify the annual review process can’t seem to agree on how to move forward.
Mayor Pro Tem Tennell Atkins chairs the committee. In a December meeting, he led a discussion on next steps to resume performance reviews of council appointees. Council members learned that their previous consulting firm, Management Partners, had been acquired by Baker Tilly, the company that is leading the messy city manager search. But the woman who had worked closely with the council on previous performance reviews was no longer associated with either company.
The committee gave city staff mixed signals on how to proceed. Some council members said they wanted to continue working with the previous consultant. Others asked to hear from Baker Tilly. Some said they were dissatisfied with the previous consultant or concerned about Baker Tilly and wanted to hear from other vendors. Council members said to move quickly.
By the time the council committee picked the conversation back up this month, confusion reigned. Baker Tilly prepared a presentation that described a performance review process very similar to what the council had with its previous partner. Atkins indicated that the council was moving forward with Baker Tilly using an existing contract, and other committee members pushed back. Meanwhile, an assistant city manager and an assistant human resources director couldn’t answer a council member’s simple question about when the council appointees were last evaluated.
“Yes, we are overdue for these reviews, but I think that they should be pursued seriously with the appropriate time periods involved,” said council member Paul Ridley. “I don’t think we should out of convenience select someone who is doing other work for the city at the present time.”
Council member Jesse Moreno asked whether Baker Tilly would have a conflict of interest in facilitating the performance review of an executive the firm helped hire. A representative tried to assuage Moreno, but he is right to bring that up, given that Baker Tilly would be required to conduct a new search at no cost to Dallas if the city manager doesn’t last a year. Council members should be skeptical. (Keep in mind it was Baker Tilly that produced the hiring brochure for Dallas city manager. The cover photo was a shining image of the Houston skyline.)
The council now seems poised to consider other consultants for the performance evaluations. Council members should do their due diligence instead of repeating their sloppiness for the sake of comfort.
Hire a consultant, if you must, to moderate the conversation or offer pointers, but a management firm can’t do the hard work for you.
Outgoing council member Jaynie Schultz said it best: “This problem is ours as a council. We have not done our work. And so we can try spending all of our time diverting all the problem and the blame on Baker Tilly. … The delay is us, 100% us.”
The council’s job is not to run the city but to set clear, measurable expectations for the people it hires to do that. It’s telling that council members have relied on a consultant to remind them to perform a fundamental duty.
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