The victim of the now infamous NOPD beating is claiming that he was not intoxicated:

A retired elementary teacher who was repeatedly punched in the head by police in an incident caught on videotape said Monday he was not drunk, put up no resistance and was baffled by what happened.

Robert Davis said he had returned to New Orleans to check on property his family owns in the storm-ravaged city, and was out looking to buy cigarettes when he was beaten and arrested Saturday night in the French Quarter.

Police have alleged that the 64-year-old Davis was publicly intoxicated, a charge he strongly denied as he stood on the street corner where the incident played out Saturday.

We’ll have to see exactly how the facts play out on this, but suffice to say that I haven’t been overly impressed with the local police of late. Officers beating up a senior citizen for public drunkenness (which is awfully common in New Orleans) only clouds my view of them further.

I went back to New Orleans last Friday to check my property, and was stopped twice by officers (the first was city police, the other was a parish sheriff). The first office yelled for me to stop, spit on the ground, and swaggered over to me asking if I’d been drinking. I hadn’t, and told him so. Then he told me that my eyes looked glazed, and I responded again that I hadn’t been drinking. He ultimately let me go, but I found the entire ordeal unnerving. I certainly didn’t feel welcome back in the city.

The second time, I was stopped the same night while surveying the damage to Tulane Law. I stayed on a public street and didn’t go on campus, but was stopped anyway, asked my business, and told that I shouldn’t be out at night (this was before 9 o’ clock, hours before the curfew began). Again, I felt like I should just leave.

Mayor Nagin is encouraging people to return, but the police are taking things to the extreme. I understand that the looting during the storm left people yearning for law and order, but right now the city is a virtual police state. They’ve gone too far, and now it’s time to ease up.

On another note, the repeating radio broadcast that plays as you enter Louisiana via I-10 is still telling people that I-10 is shut down and that there are no routes into New Orleans. Considering none of that is true, and the state actually wants people to return, it’s another example of Louisiana’s incompetence in governing itself. Whatever money is given to rebuild the storm-ravaged areas needs to bypass state and local officials, who have not shown the ability to spend federal tax dollars wisely.

Yesterday the Chronicle ran an op-ed piece from Thomas McKittrick, a Texas A&M architecture professor, on the subject of how to rebuild New Orleans. Architects in general have a nasty tendency to propose grandiose, impractical projects — but most tend to be at least somewhat grounded by concepts of “cost” and “non-absurdity.”

Dr. McKittrick, alas, is clearly not so grounded, as the following passage shows:

[L]et’s ask another question about the flooded ghettos of New Orleans, where great pride still exists among many residents: Would it be possible to build concrete platforms above sea level, each one block in size, on which new housing could be built?

Such housing could be permanent in nature, but retain much of the local character. New Orleans’ Cabildo comes to mind. Elevated walkways could link the blocks. Some of the lower levels could be used for parking, or be leased out for shops, cafes or social service organizations. Some could be used for schools. Each block might have an emergency generator on the raised platform. It would be understood that these uses might flood occasionally, while leaving the housing dry and the residents safe.

Yes, a serious professional is actually proposing this. I’m still trying to imagine what it would look like, and the only think I can come up with is evocative of New York in “Blade Runner” or the planet Coruscant in “Star Wars.” He’s basically proposing a city of raised buildings on gigantic concrete slabs — a city where everyone rarely sees the ground, and people generally get around via walkways suspended dozens of feet in the air.

This is not just a little fanciful; it’s downright ridiculous. Perhaps McKittrick should put down his science fiction and come back down to the real world, where you can’t simply present some grand vision and implement it irrespective of the cost. You could do that in communist Russia, but in the U.S., cost has to be the central issue. So please — let’s start being a bit more reasonable, shall we?

Both of these stories appeared in today’s Houston Chronicle.

Both are written by the Associated Press.

Both reveal unflattering but not especially unique human behavior by a Texas politician.

Can you spot the difference?

# 1 Woodlands lawmaker arrested on DUI charge

A Republican congressman from The Woodlands has been arrested and charged with driving under the influence in South Dakota.

A state trooper pulled over U.S. Rep Kevin Brady, 50, Friday night for a problem with the taillights of his vehicle, Clay County Sheriff Andy Howe said.

It was homecoming weekend at the University of South Dakota, so officers were on the alert for driving violations including manning sobriety checkpoints, Howe said.

Brady is a graduate of the University of South Dakota.

Authorities are waiting for results of a blood test to determine Brady’s blood-alcohol level at the time of the arrest. The legal limit in South Dakota is 0.08.

If convicted of the misdemeanor charge, Brady faces up to $1,000 fine and a year in jail. A typical penalty for a first offense is $300 to $400, Howe said.

Brady was in East Texas Monday and could not be reached for comment, said Sarah Stephens, a spokeswoman for Brady.

Brady attended meetings with residents in Jasper, Newton, Deweyville and Buna on Monday to discuss hurricane recovery. He plans to visit Orange, Vidor, Kountze and Woodville today.

# 2 Gun in briefcase trips up McAllen senator at airport

A South Texas lawmaker detained by police after bringing a handgun through an airport metal detector said Monday he made a mistake and that he had a permit to carry the weapon.

Sen. Juan Hinojosa, D-McAllen, was found with a 9 mm handgun in his briefcase as he passed through security at Miller International Aiport in McAllen, Harlingen television station KGBT reported. Airport security discovered the weapon and Hinojosa was taken to the McAllen Police Department before being released.

"I made a mistake in rushing to the airport and not checking my briefcase prior to entering the McAllen Miller International Airport," Hinojosa said in a statement. "The airport security at McAllen Miller International was doing their job."

Hinojosa said police verified his concealed handgun permit, identity and traced the weapon before releasing him.

McAllen police and a woman answering the phone at the airport would not comment when contacted by The Associated Press late Monday.

Did you see it? Can you spot the difference?

If so, tell us what you think it was in comments.

(As an aside, I want to note that I consider the DUI offense more serious than the handgun incident, since the former puts innocent members of the public at risk.)

So exciting.