Monthly Archives: May 2009

(Community Matters) Kirk Rudy and I gathered in one of his conference rooms today for an NFC call with President Obama. Gov Kaine (DNC Chair) spoke just before the President, explaining DNC priorities 1) working for presidential success, 2) state party strength and 3) grassroots politics. Then, we hear an Air Force One operator interrupt, Reggie Love gets on the line asking us to hold, then President Obama.

Of course, it’s always a privilege to hear directly from the President. He spoke about restoring fairness, equity and stability to our economy, about standing strong for our ideas. Talked about his long list of legislative accomplishments, and of course, discussed the nomination of Justice Sotomayor.

Kirk on the phone with President Obama

Kirk and I were listening, nodding, and then as BHO wrapped up his comments, the President said “I believe Kirk Rudy from Austin has a question.” Kirk had indicated he wanted to ask a question, but previously, you simply queued up by pressing star 1, then the operator might pick you and introduce you. We were both so startled by the President calling Kirk out directly, we almost didn’t know what to do. Anyhow, it was a very funny moment, then we had to share the phone itself for BHO’s answer since neither of us were sure we wouldn’t hang up when trying to reengage the speaker.

I haven’t posted these photos from earlier this month but thought might find of interest.

with Valerie Jarrett

(Community Matters) My good friend Thom Singer is a professional speaker and published author. His topic is networking.

Friends who know me might think it would be silly for me to attend such a session. However, I know Thom well enough to know that there’s plenty more to think about. And of course, I also wanted to support his first gig since he’s gone full time. He’s been speaking & writing for years.

Many friends in Austin know his books: Some Assembly Required: How to Grow & Keep Your Business; The ABCs of Networking; Some Assembly: A Networking Guide for Women; Some Assembly Required: Linked-In; Some Assembly Required: Real Estate.

Thom spoke a lot about visibility, credibility and brand – about being known, respected and understood. There were over 65 people in attendance, and I did learn a lot – at least reminded about how one must deliberately put together the pieces. While he was talking, I thought about how, yeah, I have strong networks among CEOs and folks closer to my age. But, I’m getting stale, not getting out there enough with the younger crowd – 20 and 30 somethings. I’m gonna create a young entrepreneurs/CEO council somehow. Maybe in exchange for sponsoring some gatherings, they’ll let me hang out.

(Community Matters) Yesterday’s corporate lunch series sponsored by Comerica, Winstead & Bridgepoint was super. The panelists: Austin Venture’s Tom Ball, Blue Sage’s Jim McBride and Guggenheim Capital’s Eric Rothfus.

Speaking with a couple of the panelists plus several of the attendees as well as many other conversations during the last couple of weeks, appears our economic decline has bottomed or is near bottom, and I’m hearing cautious optimism – especially caution that there could be a second dip (not predicted but realization there could be).

Jim isn’t worried about inflation for the next several years – he was much more concerned about deflation and seems to believe its risk has passed. Notes the greatest challenge today is the “velocity of change” in factors impacting margins, demand and revenues. I liked his lemons into lemonade perspective of these times as a cleansing time and his reminding of the quote, “when you’re going through hell, keep going.”

Eric notes that many sophisticated angels are still investing. Tom seconded that observation. (at the same time, I know a few quite sophisticated angel investors whose allocation of risk/less liquid capital has been realigned by the market and who are therefore not further investing in startups).

Guggenheim’s $65mm fund is 2/3 allocated toward distressed technology buys; 1/3 for startups, especially in the space of semiconductors and software. In the distressed space, they are often looking to buy assets rather than businesses.

Austin Venture’s newest, $900mm fund is allocated 2/3 to growth equity and 1/3 to traditional venture capital, 2/3 of which is targeted for Texas/SW USA. In both groups, they are increasingly focused on investing in people. Tom notes his last three deals have each been seed rounds of less than $1mm.

(Community Matters) The Uniter of England has long intrigued Robert Faires, who will debut his one-man show, Henry V, at the Off Center starting July 2. Barbara Chisholm producing through, Red Then Productions.

Steven and Robert Faires

Barbara organized a fundraiser at their SOCO home. They both told stories of Robert imagining this one man show for over 20 years, Barbara admitting Rosalind coming up with the idea. They are producing the show for Robert’s 50th birthday.

Barbara Chisholm

The food & drink was spectacular, all at the hands of Austin’s favorite actor – and an increasingly important producer, Barbara.

Larry Connelly, Michael Barnes & James Armstrong

Caught up with James & Larry – Steven and James traded stories about hosting moms for vacations in Europe, and what great memories that’s left for James. Michael filling me in on what a lovely weekend he and Kip had at Cliff Redd’s & Rick Johnson’s in Galveston.

Barbara & Turk Pipkin

Turk is making much progress on plans to build a school in Kenya. He’s raised nearly $40k of the necessary $70k, and Nike appears close to coming in as a sponsor.

Linda Ball & Gary Cooper

In addition to Linda & Gary, we enjoyed connecting to their partners, Forrest Preece and Richard Hartgrove. Also nice seeing my 20+ year friend, Joan Lava as well as many others, including Zach Scott’s Elizabeth Challener, her husband Brett and Emma Virjan author of Nacho the Party Puppy.

Not only were we treated to a reading by Robert, but Meredith McCall performed, accompanied by Jason Connor.

Steven and I very excited about this production – Robert such a true Shakespeare fan – and great seeing Barbara produce her second show.

(Community Matters) What was expected to be an intimate gathering of Jack McDonald supporters hosted by John Thornton & Kirk Rudy rather demonstrated Jack’s magic. Instead of the expected 20, the lobby was overflowing with 80+ contributors, many of whom have agreed to a max out contribution. Most surprising, I’m not sure the room wasn’t filled half by Republicans.

Though they’ve now all given and their names will be in FEC records, I’m not going to mention names of those attending since several expressed slight unease, longtime friendships with the incumbent in Distr. 10, Michael McCaul and/or his wife, Linda, even business relationships with McCaul’s benefactor and father-in-law, Lowry Mays – not only the grantor of $50mm to Linda & Mike but a Texas billionaire and the founder of Clear Channel Communications. I think the Congressman’s failure to standout from recent lockstep obstructionist party votes and his prostrations for Rush Limbaugh are making it difficult to continue supporting Mike against such a qualified candidate as Jack. Though, I note many mention what a nice guy Mike is.

(Community Matters) If you’ve charged anything at Starbucks over the Memorial weekend, I suggest checking statement. I used a bank debit card to refresh my Starbucks gold card (which gives you 10% off on each purchase). Reviewing my account looking for an uncleared item yesterday, I noticed Starbucks had posted the $100 charge against my account three times. Even before calling, one of the extra postings had been reversed. The second is still outstanding, however.

Michelle, the manager of the 38th St. store was very helpful and apologetic. After inquiring, she phoned me back to explain there’d evidently been systems errors and they anticipate correcting all charges within 48 hours. Nevertheless, I’d check.

(Community Matters) A federal court lawsuit filed against Prop 8, and they’ve asked for an injunction while appealed. The plantiffs are represented by Theodore Olson & David Boies. Olson represented GWB in the 2000 Bush v Gore case. Boies represented Gore.

“Mr. Olson and I are from different ends of the political spectrum, but we are fighting this case together because Proposition 8 clearly and fundamentally violates the freedoms guaranteed to all of us by the Constitution,” [David] Boies said. “Every American has a right to full equality under the law. Same-sex couples are entitled to the same marriage rights as straight couples. Any alternative is separate and unequal and relegates gays and lesbians to a second class status.”

press release here

hmm, hadn’t occured to me that maybe that left intact the 18,000 marriages knowing it would create a distinct second class of citizen knowing it might be ammunition of overturning the case.

(Community Matters) I’m not yet able to articulate my perspective of today’s California ruling against gay marriage, other than to say I see it within the context of a majority being able to vote out rights of a minority.

In the interim, I’ve received University of Pennsylvania Law Professor Tobias Barrington Wolff’s permission to quote his comments:

The majority did reaffirm as the law of the land the portions of their earlier decision that survive Proposition 8 as binding precedent — strict scrutiny for antigay discrimination, and the constitutional right of gay couples to enjoy equal substantive and dignitary treatment in the public acknowledgment of their relationships. (How that is possible when the we are selectively deprived of equal participation in civil marriage is for someone else to explain.) That is a very important ruling. It does not represent a change of heart for the three original dissenters, however, but rather a statement of respect for binding precedent — as evidenced by the long passage near the beginning of the opinion reiterating the views of the original dissenters in the marriage case, which they probably required to be included in order to go along with the reaffirmation of the surviving parts of that ruling. Still, it is significant that the full Court was prepared to stand by the surviving portions of their original ruling. Justices don’t always do that when they have dissented in an earlier decision.

But that is the only good thing to say about the majority’s analysis. The rest of the decision is appalling.

In our brief on behalf of the NAACP, APALC, MALDEF and EJS, we argued that the California Supreme Court could not uphold Proposition 8 without also holding that the initiative process could take fundamental rights away from any constitutionally protected minority — not just on the basis of sexual orientation, but on the basis of race, gender or religion. And that is exactly what the California Supreme Court held. In an opinion of shocking breadth and sweep, the Court explicitly held, as the law of California, that the state constitution can be amended to take rights away from people of color, women, religious minorities — any constitutionally protected minority — through the use of the ballot initiative and a simple majority vote. They may have some recourse in the Federal Constitution, but the California Constitution imposes no limitation. The more deliberative, protective procedures that the California Constitution requires for revision — requiring a 2/3 vote of the legislature to propose major constitutional changes — now have no application to amendments that selectively target protected minorities. The one constitutional principle that should not be subject to simple majority vote — the principle that protects historically disfavored minorities from selective oppression by the majority — is now subject to popular veto in California.

Today is a devastating day for the LGBT people around the country, and it is a dark day for all protected minorities in California. It is also a day for remembering the importance of political coalition – of recognizing our common cause and our common struggle. In order to uphold the ability of the majority to use the ballot to selectively target LGBT people, the California Supreme Court took vital procedural protections away from all constitutionally protected minorities. If we needed an illustration of the principle that we are all in this together, the California Supreme Court has provided a vivid one.

(Community Matters)

(Community Matters) the lone dissenting vote on the CA Supreme Court, Justice Charles Moreno

…For reasons elaborated below, I conclude that requiring discrimination against a minority group on the basis of a suspect classification strikes at the core of the promise of equality that underlies our California Constitution and thus “represents such a drastic and far-reaching change in the nature and operation of our governmental structure that it must be considered a ‘revision’ of the state Constitution rather than a mere ‘amendment’ thereof.” (Amador Valley Joint Union High Sch. Dist. v. State Bd. of Equalization (1978) 22 Cal.3d 208, 221 (Amador Valley).) The rule the majority crafts today not only allows same-sex couples to be stripped of the right to marry that this court recognized in the Marriage Cases, it places at risk the state constitutional rights of all disfavored minorities. It weakens the status of our state Constitution as a bulwark of fundamental rights for minorities protected from the will of the majority. I therefore dissent….

(Community Matters) If AP is correct, President Obama will nominate US Appeals Court Justice Sonia Sotomayor to the US Supreme Court. She’ll bring more courtroom experience to the S. Court than any nominee in a very long time – plus she’ll be the first Hispanic on the court and add a second female s. ct. justice (kinda silly only currently one female out of nine & never before a Hispanic – don’t you think?) She’s a Princeton and Yale Law School grad raised by working class parents in the Bronx.

As I’ve already posted, conservatives mapped out their opposition strategies weeks ago in preparation for opposing all likely, female nominees. They’ve reportedly already agreed their opposition to Justice Sotomayor will be her willingness “to expand constitutional rights beyond the text of the Constitution.”

Justice Sotomayor was appointed by Pres GWH Bush as a federal district judge and elevated to the appeals court by Pres. Clinton. Justices Sotomayor’s the first American-born Puerto Rican appointed a federal judge; her appeals court confirmation was delayed for a year by an anonymous Senate hold reportedly out of fear that she would be a logical Supreme Court pick.

(Community Matters) Perfect closing to a beautiful Memorial Day weekend in Central Texas – dinner on Lake Austin, hosted by Suzanne, David & Chandler Booth, catered by Santa Rita & Eddie Bernal.

Steve Hall & David Booth

David & Suzanne decided to host dinner on their Lake Austin property for friends who helped settle differences with their Courtyard neighbors. David explained that once they sat down with Courtyard residents and explained their development plans (a single family home with a few outbuildings) on the former Mueller ranch, the neighbors dropped their opposition.

David & Steve standing within an excavated terraced space overlooking Bull Creek and which had been buried and overgrown

Stephen Jones, Dana Friis-Hansen, Kerry Hall & Suzanne Deal Booth

Suzanne and group just back from the tour for late arrivals.

David Armbrust, Julie Byers, Mayor-elect Lee Leffingwell & Cheryl Armbrust

Lee & Julie couldn’t have been more gracious which I appreciate since I campaigned hard for Brewster. Lee will make a super mayor. I’m grateful for the debates that went on during the campaign. I think they’ll inform us well on priorities and positions as we navigate challenging economic times for our community. I enjoyed meeting David’s wife Cheryl for the first time.

The Booth’s have engaged Jill Nokes to help restore the ranch’s 55 acres. Already, they’ve cleared many non-indigenous species and the pastures & native plants are returning quite beautifully.

David pointed out the sites for their home and a few other, small buildings – minimal disturbance to the land and design which blends with surroundings. Couldn’t ask for more repectful stewardship of an extraordinary oasis nearly central city. Jill noted the return of various bird species since they’ve replanted the pastures and preserved some of the brush piles.

Jill Nokes, Dan Bullock, Annette Carlozzi

I don’t think I’d seen Annette & Dan since their wedding – Annette still radiant when I mentioned it.

Jack Nokes, Steven, Kevin Keim, Jill

Jack and Jill Nokes are friends from St. James. Turns out they’ve long been friends with Kevin as well – Jill remembering titillating stories about Kevin in San Miguel.