Texas progressives are often
tempted to despair in their search for enlightened governance. Sometimes
it seems that powerful interests in the state go out of their way
to lower our quality of life, degrade public services, grease the
skids for the rich, and generally pound on the little guy. The poor?
Forget 'em. The environment? Never heard of it. Stand up for common
taxpayers? Naah-they don't foot the bill for reelection campaigns.
Good for us, then, that this
year marks the twentieth anniversary of the Texas office of Public
Citizen, the nationwide organization with no purpose but to go to
bat for the interests of folks crazy enough to ask for responsible,
sensible, honest public policy. For nineteen of those twenty years,
the office has been headed by the indefatigable Tom Smith, known
to all the world as Smitty. Afflicted with what he smilingly calls
"an overactive sense of justice," the affable but resolute
Smith is a one-man antidote to despair.
Smith has sometimes quoted a
catchphrase of progressive icon Jim Hightower: "You'll only
get the dirt out if you agitate." For Smith, "agitate"
would make a good one-word job description. As with all of Public
Citizen, that agitation spreads into several major areas of activism
on behalf of citizen-consumers: product safety, pollution control,
cleaner energy and transportation, health and environmental safeguards,
and government accountability. This is no small task anywhere, but
can be especially hard given the power of Public Citizen's entrenched
opponents in this state.
Texas is one of only two states
with its own Public Citizen office (California is the other). This
makes sense when you consider the importance of Texas in economic
and political spheres. Given the size of Texas-it would be one of
the major economies of the world if it were an independent nation-and
the power wielded by Texas politicians both in Austin and in Washington,
you come to realize that, when it comes to the impact of policy
decisions, things really are bigger in Texas.
Travis Brown, who directs energy
projects for Public Citizen's Texas office, calls the state "a
trendsetter in a lot of ways." Unfortunately, in many cases
it leads in negative trends. Brown noted that if Texas were an independent
country, it would be the eleventh largest polluter in the world.
Smith gives a litany of dire pollution figures for Texas: first
among the fifty states in the production of global warming gases,
first in mercury, number four in sulfur, number two in nitrous oxide.
Smith seems to have an endless
supply of figures like these on the tip of his tongue. (Brown says
of Smith, "He doesn't forget anything.") Smith peppers
his speech with such numbers as he stumps for Public Citizen's initiatives.
He offered the ones just cited in early October when he spoke at
the twentieth anniversary celebration of Public Citizen's Texas
office. The party, which was held in a beautiful reception hall
at the Barr Mansion east of Austin, was also in honor of Smith's
long and distinguished service to the organization and to Texans.
Smith celebrated the successes of his office, but he hardly signaled
that he would start resting on his laurels. In his typical plainspoken
but impassioned way, he regaled the friendly audience with the office's
plans for the upcoming session of the Texas Legislature. The short
version: the Texas office of Public Citizen has only begun to fight.
The other speakers in that evening's
lineup were full of praise for the work of Smith and the office
he leads. Joan Claybrook, president of the national Public Citizen
organization, said that Smith is "responsible for most of what
Public Citizen has achieved in Texas." She praised his "wonderful
combination of being warm and friendly on a personal level and tough
as nails when he's fighting for our causes" and summed up his
role in Texas politics by saying, "Smitty's the burr under
the saddle of the power structure."
Claybrook was joined in her
praise by Craig McDonald, the former national field director for
Public Citizen who is now executive director of Texans for Public
Justice; George Cofer, executive director of the Hill Country Conservancy;
and Kirk Watson, former mayor of Austin and chair-elect of the Greater
Austin Chamber of Commerce.
From the stage, Cofer praised
Smith for his willingness to be "unreasonable" in negotiations
with energy companies and the like when Smith knew their plans would
be detrimental to Texans. His remarks echoed comments I had heard
earlier from Charlotte Flynn, who is co-convenor of the Gray Panthers
of Austin activist group and who has known Smith for decades. In
the course of our conversation, she summed up her view of Smith
with two sentences. "Smitty's always been on the right side,"
she said. "He never backs down."
The warm regards of progressive
leaders outside of Public Citizen reflect another strength of the
Texas office, which both Claybrook and Smith touched on in their
speeches. Claybrook praised Smith as a master "collaborator,"
citing his work alongside the Gray Panthers, Texans for Public Justice,
the Sustainable Energy and Economic Development (SEED) Coalition,
and others. Smith cited the cooperation of Charlotte Flynn, drawing
a laugh when he said, "She has gotten me into more trouble
."
He added that all of the allies in progressive causes "sing
different parts in the choir," and this is as it should be.
"Unless we get together and sing together," he said, "we
will never change the earth."
Smith compared the work of the
people at the party to the little rocks at the top of the mountain
that can set off an avalanche of change. Given the small budget
of his office, the metaphor seems apt. The office, which occupies
cozy quarters on the top floor of a converted mansion on the west
side of Austin's downtown, has only a handful of permanent staff,
and relies heavily on the work of volunteer interns. Smith and others
praised these interns from the stage at the anniversary party, calling
out many of them by name and noting how many of them have gone on
from Public Citizen to permanent positions as activists in other
organizations.
While the work of the Texas
office is intense, its members seem to thrive in the atmosphere,
and they effuse over the hard work and deep commitment of Smith.
Jennifer Carraway, who first met Smith in 1997 when she worked for
Clean Water Action, has served as the office manager for the Texas
office since 2002. She summed up her view of Smith by saying "I
feel like it's a privilege to get to work for Smitty and work with
Smitty."
Travis Brown, a veteran anti-pollution
activist who has known Smith for more than ten years, came to work
for Public Citzen at the beginning of 2003. Brown praised Smith's
media acumen, saying that whatever the issue at hand, it seems that
Smith always knows who to call and what angle to take to ensure
that Public Citizen's side of the story will play in the press.
Brown noted that, given their office's limited resources, a good
relationship with the media is one of the most important tools they
have. Brown also called Smith "probably one of the busiest
people in Texas," and mentioned that Smith's nonstop schedule
often puts him in the office at 7am and keeps him there to 10pm.
Brown summarized Smith's commitment: "He's put twenty years
and more into fighting for citizens' rights in Texas. He works like
a dog."
This recalled a comment made
by Smith himself at the anniversary party, when he praised his partner,
Karen Hadden, for "her sense of justice and her sense of outrage"
underlying her work as executive director of the SEED Coalition,
a nonprofit organization that focuses on clean air and clean energy.
Smith drew another laugh from the crowd when he said that Hadden's
own long days have sometimes left him in the unusual position of
calling in the wee hours to ask, "It's two o'clock in the morning
when
are you coming home?"

To say that the Public Citizen
office started under modest circumstances would be an understatement.
In his role as national field director for Public Citizen, Craig
McDonald came to Austin from Washington, DC, in August 1984 for
Public Citizen's campaign against Southwestern Bell's "local
measured service" proposal. This consumer-unfriendly plan would
have raised phone customers' bills by charging them for each local
call rather than a flat monthly fee. Ralph Nader came down to speak
against the proposal, and Public Citizen joined forces with the
American Association of Retired Persons and others to protest Bell's
plan. When McDonald and another activist sat down with a junior-level
Bell official, McDonald said that Public Citizen intended to open
an office in Austin to keep up the fight. This was, as McDonald
explained to the audience at the anniversary party, "a bluff."
Much to the surprise of McDonald
and the rest of Public Citizen, Southwestern Bell backed down on
local measured service within two weeks. In her own speech, Joan
Claybrook admitted that they had no idea that the phone company
would back down like that. The crowd laughed when she added, "The
problem is we haven't won another battle like that one since."
After Bell's quick cave-in,
Public Citizen started a permanent office in Austin anyway. McDonald
stayed in the city for three months to get the office up and running,
then returned to Washington after handing over the reins to Michael
Twombly. The next year, Twombly took a job working for one of the
leaders of the California Legislature. Twombly recommended that
Smith succeed him, and Smith became the director of the Texas office
in September 1985.
McDonald, who moved back to
Austin permanently in 1996 and founded Texans for Public Justice
the next year, supervised Smith from afar for ten years. He told
me that it was an easy task: "We just kind of let (Smith) go-he
does such good work." He added that "the first time I
met him, I saw he was a perfect fit." McDonald laughed as he
recalled that there were no other applicants at the time, but was
quick to say that Smith was the best candidate the job could have
had. What made him such a good fit? "Smitty had the experience
in Texas," McDonald said. "He seemed to have the right
motivation." One key part of that motivation was Smith's commitment
to building the public interest infrastructure across the state.
Smith was practically raised
to work on behalf of the public interest: both of his parents were
activists for health and human services issues. Smith went to school
at Valparaiso University, outside the industrial center of Gary,
Indiana. While there, he worked in air- and water-pollution laboratories
and came to understand the impacts of pollution up close. Smith
first came to Texas to work as a volunteer with the federal VISTA
program. (His VISTA trainer was a young Elliott Naishtat, who was
recently reelected to an eighth term in the Texas House of Representatives
as a member of the Central Texas delegation.) Smith's VISTA assignment
took him to the Kingsville legal aid office, where he worked to
resolve consumer complaints related to deceptive marketing and electric
utility cutoffs. While serving there, he discovered that sometimes
it was faster to win justice through legislative advocacy than to
wait for cases to crawl through the court system.
His first experience in lobbying
came when he tried to help a woman on food stamps whose husband
had lost his job. Without a paycheck, the couple lacked the money
to purchase their remaining allocation of food stamps, but there
was no provision in the law to allow for such a change in circumstances.
The Kingsville legal aid office went to court and won, but the state
appealed, and the case dragged on and on. Smith visited a local
congressman, who was outraged to find out that the federal law did
not allow for eventualities like the loss of a job. He called hearings
on the matter and, according to Smith, "within months
we
had changed the statute and the rules." Smith said that this
experience "demonstrated to me that legislation could happen
very quickly if you had a just cause." As he told the story,
he laughed and added, "It's never happened that quickly since."
After his VISTA stint was over,
Smith stayed on with the legal aid office for a total of three years.
From there he moved back to his home state of Illinois for two years-long
enough to remind him that it snowed there in the winter. He came
back to Texas as an organizer for the Community Nutrition Institute,
an anti-hunger advocacy organization that operated in five southern
states. The Institute was federally funded until Ronald Reagan took
office; after it was defunded, Smith stayed in Austin to work for
the National Network of Food Banks, which provided technical assistance
to food banks across the South. For two sessions of the Texas Legislature,
Smith also worked as an aide to State Representative Al Price, D-Beaumont.
According to Smith, Price "had a long history of carrying good
consumer legislation." It was after his stint working for Price
that Smith came to Public Citizen.
There was a time when Smith's
office could call on influential progressive legislators in the
mold of Al Price to sponsor bills; these days, they must look elsewhere.
Smith and Travis Brown both said that the shift in Texas from Democrat
to Republican dominance has made for big changes in the way that
Public Citizen goes about its work. "Our coalitions are no
longer between ourselves and progressive legislators," Smith
said. His office now seeks key business partners as allies in many
of its initiatives. In promoting a better statewide renewable energy
standard, for example, Public Citizen worked with representatives
of big wind-power companies such as General Electric and Florida
Power and Light.
Brown said that the ascent of
the G.O.P. statewide "has made our job a lot tougher."
Smith admitted that in many ways the shift in control of the Texas
government has put his office on the defensive. Rather than getting
to focus on proactive policy measures, he said, "typically
our work now is to try to keep bad stuff from happening." Fortunately,
there are some Republican officials who share Public Citizen's views
on key issues. Smith pointed out that four county judges from the
Dallas area-all of them Republicans-helped to push for better air-pollution
controls at the state level.
One of those judges is Ron Harris
of Collin County. The longtime officeholder explained the basis
of his good working relationship with Smith. "We listen to
each other, and I think that's important," he said. "That
comes from credibility on both sides of any discussion." Harris
acknowledged that in the matter of air pollution, "We're probably
not moving as fast as what (Smith) and Public Citizen would like,"
but that the four Metroplex county judges-along with their constituents-are
aligned with Smith because all of them want to clean up the air.
Harris also credited Smith for understanding that elected officials
and the government itself often move forward in increments. As Harris
put it, "He realizes we're not the enemy because we can't get
every roof in Dallas painted white."
According to Smith, Harris and
his fellow officials became convinced that some large companies
chose to avoid putting offices in Dallas because of problems with
its air quality. They also realized that prolonged failure to clean
up air in the Metroplex could lead to a cutoff of federal highway
funds, which could be ill afforded from a business standpoint. Public
Citizen worked with these officials and with the chambers of commerce
of Austin, Dallas, Houston, and San Antonio in 2001 to lobby on
behalf of the Texas Emission Reduction Plan, which created a set
of incentives to reduce pollution from emissions. Judge Harris summarized
his support of pollution control by saying, "I don't think
it's fair for us to leave this for our kids."
Smith seems happy to work on
both sides of the aisle to get good policies passed. He is also
swift to criticize bad public policy, no matter its origin. Travis
Brown pointed out that the office has publicly criticized every
speaker of the Texas House-Democrat or Republican-during its twenty
years. "We've never shied away from blasting whoever is doing
something wrong," he said. Smith also noted that in some cases,
Public Citizen's principles align closely with some of those of
the "hard right wing" of politics: both sides believe
that citizens have a right to control the government and to know
what it is doing, and that the government should not subsidize corporations.
From all reports, Smith uses
the full spectrum of his personality, from the "warm and friendly"
to the "tough as nails," when he's trying to move policy
in the Capitol. "You never make change without creating tension,"
he said, but the balance is delicate. If you create too little tension,
the powers-that-be can safely ignore you; if you create too much,
you break the connection of mutual interest. The activist's challenge-Smith's
daily challenge-is to create the right amount of tension that leads
to beneficial change. Craig McDonald said that Smith's "great
asset" is that he remains friendly not only with folks on the
public-interest side of issues, but also with their opponents. "That's
a fine line to walk," McDonald said, "and Smitty has a
talent to walk that line."
I asked Jon Fisher, senior vice
president of the Texas Chemical Council, the trade association of
chemical manufacturing facilities in Texas, what he thought of Smith
as an opponent. Fisher, who has lobbied for years both with and
against Smith in the Texas Capitol, said, "I find him tenacious."
Fisher added, "(He) works hard. I take exception sometimes
to some of the things he does but, in general, he's someone can
work with." To what does he take exception? Fisher said he
thought it was "discourteous professionally" for a lobbyist
like Smith to join in the call for criminal investigations of fellow
lobbyists, as Smith did against the Texas Association of Business.
"I thought he went a little too far on that one." (Smith's
press comments on the issue make it clear that he sees his stance
on the issue as part of Public Citizen's work for cleaner government.)
Fisher noted that Smith has
been very effective on issues of energy conservation. "If fact,"
he added, "we have to keep an eye on him to make sure he's
not going too far, and when that happens, it means you're being
effective." Fisher believes that Smith has been less effective
on complex industrial regulatory issues. "If you haven't run
a chemical plant," he said, "it's probably hard to tell
someone how to run a chemical plant." On issues like that one,
the chemical industry lobbyist said, "You may be more effective,
not in advocacy, but in forcing the other side to explain their
position." He granted that Smith has had some success in that.
Smith and Public Citizen use
hardball tactics when called for. When we talked, Smith noted that
his office had recently filed suit against the Environmental Protection
Agency, citing its failure either to force the State of Texas to
file an adequate clean air plan or to approve the plans already
filed. Smith pointed out that Public Citizen is not at odds with
the agency. "I talk to EPA three or four times a week, trying
to resolve these and other problems," he said. The good working
relationship he describes is the carrot, the lawsuit is the stick.
Over the past two decades, Public
Citizen's varied tactics have led to some notable reforms statewide,
ranging from requirements for quicker processing of insurance claims
to an improved "lemon law" for car buyers. Smith said
that two achievements stand out: The first is the Texas Emission
Reduction Plan already mentioned. The second is the development
of the state's renewable energy resources.
I first spoke with Smith while
researching the annual Renewable Energy Roundup and Green Living
Fair, and it was obvious to me then that the issue is near to his
heart. (See "Renewable Energy Roundup Facilitates a Better
Future" in the September 2004 issue of The Good Life.) He is
proud of Public Citizen's success in bringing together wind companies
and other businesses involved in the renewables sector with a range
of pro-renewables activists. Smith has been eloquent in promoting
a vision of Texas as a world leader in renewable energy-a vision
that foresees both a cleaner environment for Texans and many new
jobs in a sustainable industry. As he mentioned in his anniversary
speech, the greatest tangible marker of this vision may be the enormous
King Mountain Wind Ranch in McCamey, out in West Texas. When built
in 2001, the facility's 278.2 megawatt capacity made it the largest
wind-power project in the United States.
So what dragons might Public
Citizen slay next? Smith said that the biggest challenge of the
upcoming session of the Texas Legislature is sure to be the two-headed
monster of campaign finance and ethics reform. "Fewer and fewer
people with more and more money really control Texas politics,"
he said, "and the policies passed by the Texas Legislature
reflect that." He's sure that the old saw that you "dance
with them that fund you" is truer than ever, and that the funders
of our elected officials are the ones calling the tune for our public
policy.
During his speech at the Public
Citizen anniversary party, Smith railed against the pervasiveness
of so-called "issue ads" that skirt campaign funding limits
as they attack opposing candidates; he vowed to do everything he
can to stop such ads. Proclaiming that "we're in a real struggle
for the heart of democracy," Smith also pledged to fight for
meaningful limits on the amount any individual can give in a single
political race, a restriction that exists for federal elections
but not for Texas elections. Talking with me later, he projected
just as much assurance but more gravity. His prediction for ethics
and campaign finance reform? "It's gonna be a huge fight."
Huge fights are nothing new
for Smith or his organization. Indeed, the story of the first twenty
years of Public Citizen's Texas office seems like one long tale
of chutzpah in the face of overwhelming odds. The office has stood
up for the decent thing again and again, and has attacked apathy,
corruption, greed, and ignorance at every turn. Progressive Texans
can breathe a sigh of relief knowing that Smith and Public Citizen
have been on the case for so long. Craig McDonald told me that "without
Smitty's hard work over the last nineteen years, progressives would
be several giant steps behind
where (they are) today."
At the anniversary party, Kirk Watson likewise noted that it was
important to "take stock of how much good can be and has been
done for twenty years."
So do take stock, do breathe
that sigh of relief-but then follow Smitty Smith's lead and agitate.
Given the state of Texas
and national electoral politics, Tim Walker has committed himself
to following Smitty's example as much as he can during the next
four years. You may contact him at twalker@goodlifemag.com.
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