Can Schiller and Del Grande save Cafe Express?

cafe_express_logo.gifAt one time earlier this decade, the Cafe Express restaurants were among the best “upscale” fast food restaurants in Houston, perhaps anywhere. Then, in 2004, Wendy’s International purchased a majority stake in Cafe Express from the original owners, Lonnie Schiller and Robert Del Grande, who also own the popular upscale Houston restaurant, Cafe Annie.
Wendy’s promptly operated the Cafe Express restaurants like, well, like Wendy’s. No one would confuse their local Wendy’s with an upscale fast food restaurant. It became clear quickly that Wendy’s did not have a clue of how to manage an upscale fast food restaurant chain. Cafe Express suffered.
Reflecting that hope springs eternal, this David Kaplan/Chronicle article reports that Schiller and Del Grande have purchased Cafe Express from Wendy’s (hopefully at a BIG discount). It’s a different and more competitive market in the “upscale” fast food industry now than when Schiller and Del Grand sold to Wendy’s, so there is no certainly that Schiller and Del Grande will be able to infuse Cafe Express with its lost luster. But I’m pulling for them.

Piling on Rosenthal

Rosenthal%20020208.jpgIt’s become fashionable around Houston to be critical of outgoing Harris County District Attorney Chuck Rosenthal. Frankly, much of the criticism is deserved. But given what Rosenthal has been going through in federal court over the past couple of days, one has to wonder whether the media firestorm regarding Rosenthal has reached the point that otherwise rational observers have taken leave of their senses.
Take this latest Chronicle article on the hearing over Rosenthal’s destruction of emails that he had been ordered to turn over in connection with a civil lawsuit in federal court. The Chron article, which is representative of the newspaper’s vitriolic coverage of Rosenthal’s political demise, calls the hearing a “contempt hearing” in which the judge could “hold Rosenthal in contempt, . . .[and] put the DA behind bars for six months.”
H’mm. I don’t think so.
Although the plaintiffs in the civil lawsuit are having a field day excoriating Rosenthal in court and in the media, I can’t see how the judge could hold Rosenthal in contempt of court, at least at this stage. The plaintiffs’ motion (see here) essentially requests that the judge hold Rosenthal in criminal contempt of court because of Rosenthal’s destruction of email evidence and failure to comply with the court-ordered procedure for reviewing the emails. The motion doesn’t call for Rosenthal to be held in civil contempt. There is no need for the court to take coercive action and Rosenthal would not be able to take any action to purge the contempt, anyway. The destroyed emails are gone for good and Rosenthal can’t do anything about that.
Thus, Rosenthal — who isn’t even a party to the civil lawsuit — is accused of criminal contempt, but he has been provided none of the protections that due process of law requires for a criminal defendant. Inasmuch as Rosenthal’s allegedly contemptuous conduct did not take place in the courtroom, the trial judge does not have the power to hold him in criminal contempt without a full-blown trial on the criminal contempt charges. Indeed, the trial judge cannot even be the judge in Rosenthal’s criminal contempt trial because the judge is a potential witness in that trial.
Likewise, the plaintiffs’ lawyer in the civil lawsuit cannot prosecute a criminal contempt case against Rosenthal. Rather, the contempt charge must be referred to the U.S. Attorneys’ Office, which then decides whether to prosecute Rosenthal based on an evaluation of the evidence and and the charges. If the U.S. Attorney decides to do so, then Rosenthal is entitled to the due process protections that any criminal defendant is entitled to receive, including notification of the specific charges, trial by jury, and confrontation of the adverse witnesses. The circus going on right now over in federal court doesn’t come close to fulfilling those Constitutional safeguards.
So, I don’t think Judge Hoyt is going to hold Rosenthal in criminal contempt and throw him in jail. Even if Judge Hoyt were to do so, the Fifth Circuit would likely stay the commitment order and eventually overturn it. The Chronicle and Rosenthal’s many other detractors can continue to revel in the lame duck DA being filleted in a public court hearing, but at least provide Rosenthal due process of law. We in Houston have already seen what happens to the unpopular public figures of the moment when those protections are ignored.

The never-ending City of Houston corruption probe

City%2Bof%2BHouston%2BSeal.gif.pngIt’s been a couple of years since I last blogged on it, and it’s been over two and a half years since the new defendants were first mentioned as potential targets in the probe, but the feds finally got around last week to indicting Andrew Schatte and Michael Surface, the principals in the Keystone Group who have made a living over the past decade or so managing big construction projects financed by the City of Houston and other municipalities. The press release on the indictment is here and a copy of the indictment is here. For unknown reasons, the U.S. District Clerk’s office did not post the indictment publicly until yesterday, which is about as long as it took for the Chronicle’s editorial staff to comment on the indictment.
The indictment alleges that Schatte and Surface bribed former City of Houston building services director Monique McGilbra to gain favor on a couple of big City of Housotn building projects for which they were competing. The feds allege that the bribes were both direct (not so big) and indirect (much larger), the latter of which were allegedly funneled through Garland Hardeman, McGilbra’s former boyfriend who Schatte and Surface hired to work with them in obtaining the contracts. McGilbra, who copped a plea back in 2005, will be singing like a canary for the prosecution in this case.
Not enough is known about Schatte and Surface’s defense strategy at this point to know what will be the most important issues in the case. However, one has to wonder why the U.S. Attorneys’ office — which has been investigating corruption in the City of Houston administration of former Mayor Lee P. Brown now for six years — waited for over two and a half years after McGilbra had fingered Schatte and Surface to bring the charges against the two? Similarly, when did the feds notify Schatte and Surface that they were targets of a criminal probe? If it was some time ago (as it would appear), then why was Surface serving on the Harris County Sports & Convention Corp board for the past two years while being the target of a federal criminal probe?
The feds need to wrap this matter up.

The stadium ruse

Houston%20Dynamo%20stadium%20013108.gifSomething to think about in regard to the City of Houston’s latest stadium boondoggle.
Skip Sauer over at The Sports Economist notes this Rick Eckstein op-ed on the myth of economic benefits from the public financing of sports stadiums:

. . . [M]y colleagues and I studied media coverage of 23 publicly financed stadium initiatives in 16 different cities, including Philadelphia. We found that the mainstream media in most of these cities is noticeably biased toward supporting publicly financed stadiums, which has a significant impact on the initiatives’ success.
This bias usually takes the form of uncritically parroting stadium proponents’ economic and social promises, quoting stadium supporters far more frequently than stadium opponents, overlooking the numerous objective academic studies on the topic, and failing to independently examine the multitude of failed stadium-centered promises throughout the country, especially those in oft-cited “success cities” such as Denver and Cleveland.

Meanwhile, Houston is bidding on another Super Bowl (XLVI in 2012). Get those yachts lined up, folks.

What’s Fertitta’s real plan for Landry’s?

Landry%27s%20logo%20012908.gifGiven this experience, Landry’s Restaurants CEO Tilman Fertitta’s offer to take Landry’s private in a deal valued at $1.3 billion is not particularly surprising.
But the question is this: Would Fertitta, who owns just under 40% of Landry’s, actually prefer what Jim Crane didn’t want?

The bus to Houston

bus%20coming%20to%20Houston.jpgCheck out this interesting story of how a young woman’s bus ride to Houston in the 1960’s led to a better life. A redeeming quality of Houston is that it attracts folks who are looking to improve their lot in life. I hope that quality never changes.

The latest boondoggle?

Hilton_Americas-Houston_home_right.jpgAnne Linehan, Kevin Whited and Cory Crow note this week’s “are you kidding me?” moment from City Hall — two Nancy Sarnoff/Chronicle articles reporting on the trial balloon that Mayor White floated about building a second large convention hotel in downtown Houston next to the George R. Brown Convention Center and the existing 1,200 room, city-owned Hilton Americas Hotel.
Another large downtown convention center hotel is surprising to anyone who has been following the Harris County government’s fits and starts in regard to the proposed Astrodome hotel redevelopment project. However, Mayor White recently engineered the hiring of a new leader (Greg Ortale) for the local convention bureau and it looks as if the prospect of elevating Houston to the small tier of U.S. cities with adequate facilities to handle the largest conventions was part of the pitch in that hire.
Does building another big downtown hotel make sense? In and of itself, the answer is clearly no. Private equity interests have no interest in risking their money on such a project, just as they have no interest in doing the same in regard to the Astrodome hotel redevelopment. Thus, the deal only begins to make sense because of the prospect of public financing, which is how the City financed the first downtown convention center hotel.
Despite the lack of any meaningful analysis in the Sarnoff/Chronicle articles, the first hotel has been anything but an unqualified success. The Mayor suggests that the City spent $300 million on it (that seems way low to me) and that its presently worth “at least $350 million” (yeah, but who’s buying?). There are a bunch of less risky investments that the City could have made with that $300 million that would have generated more than the speculative $50 million equity that Mayor White thinks the City has in the Hilton Americas.
But the larger question is whether the City ought to be in the business of building convention center hotels in the first place? As Cory points out, the rationale for the investment is that, with the larger number of convention center hotel rooms, Houston could compete with the small number of cities (Las Vegas, Orlando and San Antonio) for the really big conventions that need the concentrated mass of hotel rooms that only those cities offer. Although transit is an issue in getting from the downtown convention area to Houston’s cultural areas and attractions, I can see how Houston would be a viable alternative to those other cities. For example, Houston’s restaurants, theater district and museum district are better and more diverse than any of the other three alternatives. And Vegas is not every large convention’s cup of tea.
But given the alternatives, is another large investment in a second convention center hotel really a prudent allocation of the City of Houston’s financial resources? Here is where I have my doubts. As I’ve noted many times in regard to Houston’s light rail boondoggle, allocating $300-$500 million on another downtown convention center hotel has real consequences, such as leaving inadequate resources to make improvements to Houston’s infrastructure (flood control and fixing of traffic hotspots, to name just two) that would dramatically decrease the risk of death and property damage. Stated simply, does it make sense for the City to be investing that kind of money in a downtown convention hotel when convention attendees won’t be able to get to it from Hobby Airport? The main drag to the Gulf Freeway and downtown from Hobby Airport — Broadway Street — is already virtually impassable during even moderate rainstorms.
Maybe taking a flyer on a second downtown convention center hotel would make more sense but for the billions blown on the light rail system. But the size of that boondoggle leaves a very small margin for error in regard to allocation of the City’s remaining resources. At this point, a large investment in a second convention center hotel appears to fall well outside that small margin.
By the way, speaking of the Astrodome hotel project, it appears now that even Harris County officials believe that the deal is dead. However, the proposed alternative is to turn it into a horse barn?:

Meanwhile, there could be three or four groups prepared to present plans to transform the Dome.
The Houston Livestock Show and Rodeo may be one contender, said Leroy Shafer, the rodeo’s chief operating officer. The rodeo and partners are looking into whether the Dome could serve as a replacement facility for aging Reliant Arena.
Astroturf and tiered stadium seats would give way to more than 1,000 horse stalls and an arena with a capacity of at least 6,000. The vast open area where former Astros stars Jimmy Wynn and Jeff Bagwell hit towering drives would be turned into a three-story exhibition and stalling space, Shafer said.

On ham sandwiches and Texas Supreme Court Justices

david_medina%20011808.jpgThe old saw is that a grand jury would indict a ham sandwich if asked to do so by the district attorney.
However, in Houston, a grand jury will indict a Texas Supreme Court Justice even if the DA doesn’t ask it to do so.
As noted in this earlier post, Texas Supreme Court Justice David Medina, his wife and several family members have been in the cross-hairs of an arson investigation since their house and a couple of others in the neighborhood were damaged in a June 28, 2007 fire. A Harris County grand jury today indicted Justice Medina on a tampering charge and his wife on arson charges in connection with the fire.
However, in an unusual development (to say the least), the grand jury brought the indictment against the recommendation of the DA’s office. Embattled Harris County District Attorney Chuck Rosenthal will request that the indictment be dismissed immediately because the DA’s office has concluded that there is insufficient evidence to make a case that would withstand a defense motion for a directed verdict.
That’s all well and good, but my question is this: If the DA’s office knew going into the grand jury that they did not have sufficient evidence to make a case against Justice Medina, then why on earth did they bring the case before the grand jury at this time? Inquiring minds want to know.

Re-evaluating boondoggles

Houston%20Dynamo%20stadium%20011508.gifLet me get this straight. Mayor White started out with a proposal several months ago to allow the local MLS soccer team to build a stadium at their own expense on downtown land that the City of Houston owned but was not using except for extra parking (previous posts here).
So, how did we get to the point where the City is now willing to pony up at least $20 million and exercise its eminent domain power to acquire land for the private owners of the team to build their stadium? Heck, we haven’t even started to talk about who’s going to pick up the tab for the cost of the necessary infrastructure improvements or how much “Central Planning Chief” Peter Brown’s “mixed used development” ideas are going to cost (for the folly of such ventures, see here). By the way, Mr. Brown, what are the names of the other cities that are lining up to provide financing for a soccer stadium that makes you so sure that the Dynamo will leave if Houston doesn’t provide it?
And to top it off, the proposed location of the proposed new stadium figures to increase the cost of an even larger boondoggle.
Granted, we’re talking about throwing away “only” $20-30 million on this deal at this point. That’s peanuts in comparison to what the City wastes annually on the light rail system. But the way this deal has developed leads one to question whether there is any adult supervision whatsoever down at City Hall? If it’s acceptable to throw $20-30 million at a minor league soccer team, then what’s next? $20-30 million for the Aeros?

A real train wreck

Metrorail%20car-Houston%20011508.jpgThis LA Times op-ed by transit experts Jim Moore and Tom Rubin examining the LA area’s MTA transit system over the past 20 years. They provide a daunting warning for those who rationalize the massive deficits of Houston’s light rail system by contending that the system will become cost-efficient in the long run:

. . . the MTA has spent more than $11 billion since 1986 to build its rail network, and the effect has been to reduce total transit ridership on the system by more than 3 billion boardings. That’s a bizarre result.

Shouldn’t investments in transit infrastructure encourage, not discourage, transit use? So, why is Houston continuing to barrel down a path that LA has already shown is a poor way to invest in mass transit?