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The Lead April 22, 2022: It's Earth Day; Kerrville files motion to dismiss lawsuit by mayoral candidate

The legal back and forth between Brent Bates and the city continues.

Good morning, Kerr County!

It looks like some rain is headed our way — at least on Sunday. With a 70% chance of rain on Sunday, along with thunderstorms, that appears to be one of our best chances of rain this month — hopefully snapping the months-long trend of minimal moisture. The National Weather Service describes the chance of rain: "We will, however, gradually enter a wetter period with perhaps the best widespread shower and thunderstorm chances of the year so far in the Sunday night through Monday night period."

On today's The Lead Live!

Wildbirds Unlimited owner Kevin Pillow stops by to discuss some of the things he hears about the spread of avian flu (H1N5), and some of the facts associated with the virus. Kerrville Convention and Visitors Bureau's Leslie Jones will update all of the big events this weekend.

Speaking of events:

  • Live music by the Travis Pierce Band — Joanne Marie and Me Wine Bistro, 6–9 p.m. Information:
  • Heaven's Declare Art Exhibition — Museum of Western Art, 10 a.m. Information: The details: Featuring works by renowned artists who celebrate the heavens. The exhibition will feature works by Phil Bob Borman, G. Russell Case, Tim Newton, Laurel Daniel, Linda Glover Gooch, David Griffin, David Grossman, Michael Magrin, Denise LaRue Mahlke, Phil Starke and John Taft.
  • Kerrville Farmers Market — A.C. Schreiner Mansion, 4 p.m. Information: The details: Come down and enjoy a complimentary beer, or buy a handcrafted pizza and enjoy the market.
  • Live music by Rodney Crowell — Arcadia Live! 8:30–10:30 p.m. Information: The details: With more than 40 years of American roots music under his belt, Texas native Rodney Crowell is a two-time Grammy Award winner and the writer behind 15 No. 1 hits, including five of his own. With strong roots in country music, Crowell has written chart-topping hits for Emmylou Harris, Johnny Cash, Waylon Jennings, Keith Urban and more. But owing to the distinctly universal, literary quality of his writing, he has also penned beloved songs for artists as diverse as Bob Seger, Etta James, the Grateful Dead, John Denver, Jimmy Buffett and countless others.
  • Live music by Tim Porter and Gary Hatch — Cafe at the Ridge, 6 p.m., Information:
  • Live music by Stephen Perricone — Pint and Plow Brewing Co., 6–8 p.m. Information: The details: Stephen Perricone is a solo singing guitarist based out of San Antonio and plays an eclectic variety of music covering 60s, 70s, 80s, and 90s classic rock, pop, & folk. He recently released an original self-produced record under the alias Drone Gone Rogue on over 150 digital streaming and download platforms worldwide.
  • Live music by Aaron Lacombe — Southern Sky Music Cafe, 6:30 p.m. Information:
  • Live music by Tailgaters — Pier 28 River Lounge and 8 Ball, 8 p.m. Information: 830-896-7437. The details: The Tailgaters are some fellas who just love playing music! Brett Alton (vocals), Randy Toman Jr. (guitar/vocals), Robbie Hopper (bass), Tony Vasquez (drums), and occasionally Holly Midland (fiddle & vocals) have been playing together in one way, shape, or form for over 20 years.
  • Drive-in movie night — Zion Lutheran Church, 6:30 p.m. Information: The details: Zion Lutheran Church is playing "Toy Story." Come on down and enjoy the Disney-Pixar classic.
  • The Ingram Duck Derby — Hill Country Arts Foundation, 5-7 p.m. Information: The details: Buy a duck or more for a chance to win prizes and all proceeds from the Duck Derby will benefit the Ingram Elementary PTO to fund the new playground.

Today's newsletter is sponsored by:

It's Friday and that means stop by and check out the latest offerings from Mustang Sally's on East Water Street. From furniture to art, Mustang Sally's has a treasure at every turn. Stop by and say hello to Sally and tell her The Lead sent you.

More on Brent Bates battle with the city

On the same day that Kerrville mayoral candidate Brent Bates was found guilty of violating a pair of city ordinances in Municipal Court, the city's attorneys filed a motion to dismiss Bates' federal lawsuit.

The guilty verdict, delivered by a six-person jury, was cited by Kerrville's San Antonio-based law firm, Denton Navarro Rocha Bernal and Zech, as one of the reasons U.S. Western Texas District Court Judge Xavier Rodriguez should immediately dismiss the case. Last year, Bates filed the suit in federal court, alleging the city violated his 14th Amendment rights in delaying his Water Street office complex.

The city's law firm said that Bates' conviction in Municipal Court essentially nullifies his federal civil action until he exhausts appeals over the two code violations. The city argues that Bates must meet the standard set by the "Heck-Humphrey doctrine," based on a 1994 unanimous Supreme Court decision, authored by late Justice Antonin Scalia, that ruled a defendant must show conviction or sentence overturned before proceeding with a civil suit.

"Plaintiff Bates has to establish that his conviction of the two charges in Municipal Court were reversed on appeal, expunged by executive order, or other wise declared invalid, therefore his section 1983 claims for damages are not viable without such findings," the city wrote in its filing.

In Bates' suit, the filing mentioned the code-enforcement actions against him and a raft of conspiracy theories about the city's efforts to stop his work.

"Bates was cited individually on December 7, 2020 with these two citations, summoning him to court to answer the charges," wrote Daniel Bates, Brent Bates's attorney and brother. "Bates, individually appears on the Kerrville Municipal Court's docket on these citations. Bates faces legal jeopardy and fines to his detriment and damage."

In a YouTube video, Bates seemed dismissive of the Municipal Court action, maintaining the city's building inspector ignored a subpoena to testify at the hearing. Bates said he would appeal the decision.

The federal case will go to trial in San Antonio on April 24, 2023. However, Judge Rodriguez's instructions indicate that the two sides should work to settle the matter before trial. The city has repeatedly told Bates that they were open to settling if he met conditions — namely installing sprinklers in his nearly finished 21,000-square foot three-story office building that overlooks the Guadalupe River.

News notes

  • We chatted with Kerrville Fire Department Chief Eric Maloney on Wednesday night, and he said the city would be utilizing a 700 megahertz radio system. At the same time, he expected the county to adopt a VHF system. Maloney said the two systems will work together, but that Kerrville Fire needed a 700 MHZ system to reach inside large buildings — specifically Peterson Regional Medical Center. While the systems are not the same, they can work together and Kerrville would retain its VHF towers to connect to the Kerr County Sheriff's Office and volunteer fire departments.
  • Jenna Lewis, accused of animal cruelty in 2016, was found guilty on all 36 misdemeanor counts of animal cruelty by a jury on Thursday in the 216th District Court.
  • An economist suggests that Gov. Greg Abbott's border truck inspections cost Texas more than $4 billion and 36,000 jobs, according to the Dallas Morning News.

See @dallasnews's post on Twitter.

We will give Brent Bates credit for this

Fellow candidate Robin Monroe could not attend a candidate's forum held April 5 at Schreiner University. Monroe had knee surgery before the forum, but Bates produced a video of her answering the questions in the forum that was moderated by Kerrville Daily Times Editor and Publisher Carlina Villalpando. Monroe asked to appear on The Lead's super show on Monday, but never responded to confirm a time.

Arcadia Live is red-hot

On Thursday night, Arcadia Live's Thirsty Thursday Trivia Night proved to be a big winner for the downtown destination. With about 200 people participating, the turnout showed that Arcadia would attract a weeknight crowd, and the monthly trivia night seems to be a hit. On Friday night, the theater is sold out for Country singer-songwriter Rodney Crowell — it's the second consecutive sell-out for Arcadia, which sold out last week's Bill Bob Thornton and The Boxmasters concert.

Trivia night proved to be another big win for Arcadia Live on Thursday night.

Katherine Thompson, right, and Meredith Crook are the hosts of the monthly trivia night contests at Arcadia Live.

Polo ready for a Hunt performance

A polo tournament is set for noon on April 23-24 at Camp Stewart in Hunt, and it's a free event. The second annual Ragsdale Cup will feature players from all over Texas, the San Antonio Polo Club, and the United States Polo Association members. The winning team will receive the Ragsdale Cup.

"Many in our community have come out to Camp Stewart to watch polocrosse matches in the past, and along those same lines, we welcome people to come and enjoy polo," said Jeepers Ragsdale, a member of the San Antonio Polo Club, and director of Camp Stewart, which is hosting the weekend events.

The event is free; there's ample parking, and visitors are encouraged to tailgate.

The one part of the event that does require a reservation and a fee is the meet and greet the players at the crawfish boil dinner at 6 p.m. on April 23. Reservations are required for crawfish boil only, $25 per person. RSVP to 760-413-3086 or by email to

KPUB invests in student achievement

From left, KPUB Board Member Larry Howard, Ingram Tom Moore High senior Abby Walker, Tivy High School senior Nicole Hardy and KPUB's Allison Bueche.

The Kerrville Public Utility Board presented a pair of high school seniors with scholarships to help them in the next phase of their education.

Tivy High School's Nicole Hardy and Ingram Tom Moore's Abby Walker received $3,000 each. The two will be eligible for another $1,500 annually over the next four years.

"I was so impressed with the applicants and the hardworking students we have in our community," said Larry Howard, KPUB Board of Trustees Member. "It was a very difficult selection process because we had so many strong candidates apply. We have two very deserving women receiving this year's scholarships, and we wish them the best of luck as they start their college academic career."

Hardy has been accepted to Schreiner University and will major in business and marketing with a minor in elementary education. Walker has been accepted to Texas State University in San Marcos, Texas, and will major in early childhood education.

A prayer session for Ukraine

With the situation in Ukraine becoming more dire and deadly, four Kerr County United Methodist churches will unite for a prayer

service for Ukraine at 6 p.m., May 2 at St. Paul's United Methodist Church, 135 Methodist Encampment Road. The other sponsors are Hunt UMC, First UMC and Barnett Chapel UMC. A press release said all are welcome. The prayer focus will be: on the people of Ukraine; the countries, leaders and organizations supporting Ukraine; Russian leaders, military and people; and prayers for peace.

Attendees will receive prayer cards to use to pray the four points each day. For more information, call St. Paul's, 830-895-2212. Rev. Glenn Luhrs is the pastor.

A big donation for Kerrville Pets Alive!

The Kerrville Pets Alive received a $2,500 donation from Ken Stoepel Ford to sponsor the pet advocacy group's upcoming "Fur Ball" — a fundraiser to be held in October at the Museum of Western Art.

Kerrville Pets Alive
Apr 21, 2022 ·

✨ Hot diggity-dog, our community keeps showing up to support our cause! ✨

Thank you, @[130069880364201:274:Ken Stoepel Ford], for your generous $2,500 “The Cats Meow” sponsorship for our new Fur Ball event! ‍⬛ We’re so thankful for your support.

✨Fur Ball event details at
#kerrvillepetsalive #furballaffair


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