Category Archives: I Told You So

CodeNEXT was not worth the wait

This is my short, sharp, reading of the CodeNEXT ‘draft’ that came out this week.

I’ve been describing it as “activist flypaper” for years – and am sad to state that may have been overly optimistic. My quick reading of the code makes it look even worse than what we have today. I don’t think many, so far, disagree at a high level, too. It basically zones the entire city outside downtown and corridors to a maximum of 2 stories (even the parts where the new transect code applies, much less the huge swaths of the city which still get essentially the old code) and adds additional restrictions on ADUs compared to current code. It adds code obstacles for even downtown redevelopment by promulgating stupid ideas about minimum lot width and floor plates. The plan, folks, is a bad plan. Even if you like planning, it’s a bad plan. For a freedom urbanist, it’s horrible.

This is not a step forward; it’s a step back. My strategic take is going to be to try to support those making individual recommendations for change1 but to also urge everybody to look at the plan as a whole and remember “worse than nothing”, which this thing is. Rather, it’s worse than doing nothing. Current code, as suburban as it is, is still better than this piece of garbage.

If you want a longer reading by a more qualified person with a different strategic outlook on it than I have, you could not do better than to read Chris Bradford’s take.

  1. register on the site linked above, then wade through hundreds of pages of code through a bad internal scroll window to make comments that will doubtlessly be used as evidence of a public input process but not be taken seriously []

Hey KUT, wha happen?

An awful lot of people parroted the same talking points supported by your cards (i.e. the large print) in your ‘explainer’ article and ignored statements from uber and lyft to the contrary (only stated as “The companies say they cannot operate […]” in the small text).

What do I mean?

Here’s one example of your explanation of what a yes/no vote would mean:


Note that both side of the card start with Uber and lyft (will/must). Meaning that surely KUT meant to tell their readers/listeners that if they voted NO to the proposition, that uber and lyft would do some things that we wanted them to do while continuing to offer rides here, right?

Huh. Here we are immediately after the election, and what happened?



But wait. That can’t be right! Let’s look at KUT’s card again. Maybe we read it wrong.




Wait, it still seems to say that if we voted NO, Uber and lyft drivers would be forced to do the things that we want.

If only some internet crank had warned you the language was misleading ahead of the election, I’m sure you would have done the right thing.

Wha’ happen, KUT?

Checking in

I don’t post very much, as the state of urbanist and transit advocacy in Austin has depressed it out of me, but as a reminder, I’m still alive, if barely, and you can get a lot of updates on facebook in #atxurbanists or on twitter.

Two important facebook comments in a thread fighting against a member of the establishment I thought it worth copying here and cleaning up before I go. Blockquotes (italics in most themes) are my words; things in quotes are the guy I was responding to).

The first:

I have my honesty and my integrity, which are worth a lot. It means that in the future, when I say something, people don’t have to think “does he really mean that?”. Or “is he exaggerating for the benefit of somebody or something else and doesn’t really know what he’s talking about?”

And the second (most of it):

“At least you have ideological purity in snaky Facebook posts, that is even better than a seat at the table for sure.”

Playing along with the bad guys is what the Alliance for Public Transportation did. They got nothing out of it. I fought them. I won. I beat a bad project which would have made things worse. And the people who were dishonest and disingenuous in service of Proposition 1 have to live with that. People should take what they say in the future with many grains of salt, as they were willing to be dishonest in the service of power. I’m not.

Show me why it’s worth my while to change. Show me an example of somebody like me who played along and was able to change the power structure instead of getting subsumed by it (or just having nothing good happen). Then I might listen, if the example is good enough and compelling enough. Until then, you’re wasting your time and everyone else’s.

“but no one in a position of power or authority gives a rats ass about what you say, because of how you present your opinion and maintain your relationships. ”

is a personal attack, by the way, and it’s also dishonest. The people who say substantively the same things but in a nicer way also get nowhere. The people who modify their message enough to get heard in this political environment are modifying it to the point where it is no longer substantively *true*. IE, the A4PT may have gotten listened to, but they did by basically lying to the public and to themselves. What good did that do anybody?

And of course remember again that the A4PT got listened to by lying to the public and to themselves, and then LOST. Don’t forget. Never forget.

Lost Cause Theory

Hey you remember when the North decided to be way too nice to the South and the result was that generations of kids down here grew up being taught that the Civil War had nothing to do with slavery, that slaves were better off for being slaves, that Robert E Lee didn’t want slaves / chose to set them free / was a big ole softy? But that the truth was he inherited some from his father-in-law, delayed setting them free, and ordered that their wounds from being whipped be bathed in brine?

So yeah. The losers got to write the history, in that case.

In 2014 and 2015, I had a major disagreement on tactics with AURA about how we should engage with the people on the pro side of Project Connect, especially those who engaged in dishonesty during said campaign. I obviously was in the minority. Overwhelmingly. This recent storify explains how I think we should handle it now, and basically, how we should have handled it back then. AURA’s position, though, was kumbaya. (Note: I have emails saved about all of this).

Fast-forward to January and February 2016. Two of the last three days, posts like the one pictured below have shown up on pages of people I sort-of follow, who are semi-respected and big parts of the ecosystem locally. Anybody see any parallels? Hint: “The FTA wouldn’t fund rail on Guadalupe/Lamar1” is the equivalent to “IT WAS ABOUT STATES’ RIGHTS!!!!1”


The ‘winners’ once again let the losers write the history. And when that happens, we all lose.

For extra credit, also see this storify for another angle on Why We Shouldn’t Have Been So Nice, which repeats the Big Lie that we were only against Project Connect because our preferred route wasn’t FIRST.

AURA vanished the post I made to #atxurbanists on facebook about this, so here we are, kids. The split widens.

By the way, if you’re wondering – could the failure to hold bad people accountable for the bad things they did in Project Connect be resulting in us failing to make progress more quickly on the next rail plan / study – the one that Capital Metro insists can’t even be studied in a way that completes in time for an election before 2020?


  1. The original facebook post tagged Roger Cauvin and gave him credit for doing a bunch of legwork to get public statements from the FTA that directly contradict the claims made in 2014 by many people associated with the project. Suffice to say, the claim about the Feds in the picture is as best dishonest, and at worst a bald-faced lie []

Know how you can tell they’re not honest?

Capital Metro edition

Yes, it’s been a while1.

In a recent twitter thread, Karl-Thomas Musselman posted the tweet below. I am making this blog post to capture it so that this well-made point is not lost in the twitter memory hole.

The graphic comes from Capital Metro’s 2016 approved budget on page 48. The full graphic is after this paragraph. What do you think this kind of choice in axis scaling suggests about Capital Metro’s honesty on rail subsidies?

Page 48, Capital Metro 2016 Approved Budget
Page 48, Capital Metro 2016 Approved Budget
  1. Note: I have not blogged much this year because the actions of Julio Gonzalez-Altamirano and others, especially linked with AURA, have made my investment in public affairs significantly less effective. This lack of content is likely to continue as long as the urbanist community decides his approach and style are preferable. []

#atxrail classic courtesy of Central Austin CDC

The insiders who messed up Proposition 1 still haven’t come to terms with what they did, so I’m not going to let it sit either. Here’s something not to forget; when certain political actors try to pretend there was some kind of consensus behind the choice that got spanked at the polls instead of the one that was never allowed to be studied:


APTA confirms Austin’s bus ridership is dropping

I tweeted about this yesterday and due to time constraints will just copy it here via storify.


Where did the Highland alignment come from?

A short interlude from the “urbanists, seriously, the rail election is important” thread:

As somebody who was involved in the Project Connect Phase 1 process, I can tell you that the inclusion of Highland as a high-scoring choice for the final projects to move forward into Phase 1 was a complete surprise to all of us. Highland is an awful segment of the route. It only works if you ignore every bit of good advice about how to build urban rail – it assumes park-and-rides on the highway for suburbanites are how we fill trains for an urban service. Nobody who was involved in Project Connect Phase 1 liked Highland.

Except, apparently, the Chamber of Commerce.

I’ve made the case lately that the Highland alignment was flat-out chosen for us BY the Chamber of Commerce, based on circumstantial evidence (what other reason could there be?) – and please don’t quote me Project Connect statistics; that entire process was a complete joke. It’s certainly not a good choice on transit grounds (see “urban rail should be urban” series underway at another great blog – CarFree Austin). But when I’ve suggested that the Chamber picked this line, I’ve been attacked by people at the Chamber and told it’s nonsense.


Then I got an anonymous tip.

I wonder if you guys would like to see a video.

This is an excerpt from Citizens Communications from 6/13/2014 at the CCAG meeting. The speaker is Beth Ann Ray from the Chamber of Commerce. The full video of the meeting is here at the City, I suggest you click on “Item 5” on the right and then advance to about 15:30.

Transcript of this section, by me:

based on our input, from Project Connect, and the meetings and workshops that we have had with the project staff, you have an LPA that our committee (our transportation committee) selected actually, way back in the beginning in the first workshop we did, and a few weeks ago, that same committtee recommended to our board that they consider supporting the entire LPA from Grove all the way up to ACC’s flagship campus up at Highland redevelopment

Let’s look at that transcript again, with some added emphasis:

based on our input, from Project Connect, and the meetings and workshops that we have had with the project staff, you have an LPA that our committee (our transportation committee) selected actually, way back in the beginning in the first workshop we did, and a few weeks ago, that same committtee recommended to our board that they consider supporting the entire LPA from Grove all the way up to ACC’s flagship campus up at Highland redevelopment

Hmmm. I suppose it’s just a coincidence that nobody except the Chamber liked Highland, and Highland ended up being picked, right?

Update on FTA and Lamar

A comment by Roger Cauvin, originally on facebook and then made to this post about Lamar/Guadalupe and the FTA which deserves promotion, immediately following:

In the debate around the proposed urban #rail plan in #Austin, one of many areas where I see unfortunate speculation pertains to Federal Transit Administration (FTA) funding. Some advocates of the current plan contend that the already-approved FTA funding of #MetroRapid on the Guadalupe-Lamar corridor precludes such funding for #rail on the same corridor.

A Capital Metro memo (see attached image of memo obtained through an open records request by the Central Austin Community Development Corporation) attempts to summarize its correspondence with the FTA on the issue. Unfortunately, people have different interpretations of the memo and perhaps no knowledge of the actual contents of the correspondence.

Yet this memo was used as a sort of “trump card” to put to rest further consideration of the Guadalupe-Lamar corridor for the initial rail investment.

Fast forward to August 25, when I attended a press conference covering the #MetroRapid 803 launch. Bob Patrick, the regional administrator for our region, as well as Gail Lyssy, the deputy regional administrator, attended the event.

It occurred to me that, if so much speculation is swirling around the issue of FTA funding, why not just ask these FTA administrators directly, and in person? So I did. Would existing MetroRapid funding by the FTA preclude funding Austin’s first light #rail investment on the same corridor?

Bob’s response (paraphrasing): “As far as I know, one wouldn’t preclude the other, but I’d need to check with Washington.” But he then referred me to Gail Lyssy as someone who could give me a more definitive answer.

Gail’s verbatim reply, after I asked her the same question: “Absolutely not. We’d work it out.”

Now, I don’t think these informal exchanges, by themselves, put to rest speculation about FTA funding. But they do suggest the issue merits further exploration through direct contact with the FTA instead of continued speculation.