In the early morning hours of July 16, the Denton City Council rejected a ban on hydraulic fracturing in a move that now sends the issue to voters in November. It will be interesting to see if those going to the polls in a few months can separate the scary rhetoric coming from anti-fracking activists from the realities of an outright prohibition.

The proposal in question would not technically halt all drilling in the city, only fracturing. But that's really just political sleight-of-hand: Traditional wells aren't tremendously productive, and supporters of the ban know full well that their petition would essentially shut down new drilling altogether - whether they admit it or not.

And that's a problem by just about any standard.

To begin with, a fracking ban is flat-out illegal. It amounts to a "taking" of mineral owners' rights to sell or develop those rights. Also, under the Texas Constitution, localities cannot adopt any ordinance whose provisions are inconsistent with laws passed by the state Legislature. Finally, mineral rights are dominant under Texas law.

So if fracking is a concern among activists in Denton, which sits atop the Barnett Shale, they should either work with the industry to come up with a common-sense compromise or seek a legislative fix in Austin. Otherwise, they're just inviting a long legal battle that's going to cost city taxpayers a lot of money.

But that's not the only potential price Denton is likely to pay.

A recent report from The Perryman Group estimates that if fracking were barred, it could potentially cost Denton $251.4 million in economic activity and 2,000 jobs over the next 10 years; slash tax revenues by $5.1 million to the city; and reduce revenues to the Denton Independent School District by $4.6 million. That money would have to be made up somewhere in order to maintain essential city services. The guess here is that it would ultimately have to come out of residents' pockets.

Then there is a bigger- picture, longer-term concern.

If Denton enacts a ban, it could embolden other cities in Texas to unwisely attempt the same - or, as we've seen in Colorado, lead to ballot initiatives seeking to halt fracking statewide. Those efforts could start us down a slippery slope that would have the practical effect of crippling a Texas state economy that is the envy of the region the country and the world.

It is impossible to predict one way or another what might happen in Denton come November. But there may be at least one hopeful sign in all of this.

Activists forced the City Council vote by getting almost 2,000 signatures on a petition that called for the ban. Conversely, a group called Denton Taxpayers for a Strong Economy gave the council its own petition calling for "responsible drilling practices" that "protect the economy and the environment" - but would not prevent fracking. It had 8,000 signatures.

If that 4-1 margin holds, one could make the argument that the ban's prospects don't look great in November. However, in a political environment - and make no mistake, this is more about politics than it is about sound energy, environmental and economic policy - all bets are off.

Recently, the Pulitzer Prize-winning author Daniel Yergin, probably the world's preeminent energy expert, told a conference audience that in the absence of the current U.S. oil boom, "we'd be looking at an oil crisis." He added, "We'd have panic in the public."

Denton voters would be wise to consider Yergin's words in the context of the proposed ban. Because if the reckless anti-fracking initiative passes, the city is going to find itself in a crisis - and a panic - of its own making.

Burleson is managing partner of Houston-based Burleson LLP.