Jackson Free Press

The Campaign for Southern Equality and Mississippi-native Rev. Susan Hrostowski filed a lawsuit against several state officials, saying that House Bill 1523 is unconstitutional, late last week.

The lawsuit states that House Bill 1523 violates the first and fourteenth amendments of the U.S. Constitution and asks the U.S. District Court to enjoin the bill from becoming law on July 1. New York-based attorney Roberta Kaplan, who won same-sex couples the right to marry and adopt in this state, will represent the plaintiffs.

The lawsuit names the governor, attorney general, the executive director of MDHS, and the state registrar for vital records as defendants. Several floor debate comments from the 2016 legislative session about the bill are used in the initial complaint. The complaint draws the distinction between Mississippi's Religious Freedom Restoration Act and The Protecting Freedom of Conscience from Government Discrimination Act.

"Critically, the Mississippi RFRA does not single out any particular religious belief or creed and privilege it above all others..." the complaint says. "HB 1523, however, starkly departs from this tradition and practice by providing additional rights and benefits and by extending well beyond those available under RFRA, but only to individuals or entities that espouse one of three specific beliefs: (a) that '[m]arriage is or should be recognized as union of one man and one woman,' (b) that '[s]exual relations are properly reserved to' a marriage between one man and one woman, or (c) male and female 'refer to an individual's immutable biological sex as objectively determined by anatomy and genetics at the time of birth.'"

The ACLU and the Mississippi Center for Justice have both filed lawsuits, asking the courts to rule House Bill 1523 unconstitutional, and Kaplan filed a motion to re-open the case that legalized same-sex marriage in Mississippi, due to HB1523's passage. The Campaign for Southern Equality's lawsuit is the third lawsuit filed against House Bill 1523 and the fourth legal challenge.

RePublic Schools Inc., the charter management organization that opened one of two charter schools in Mississippi, received a $9.6 million U.S. Department of Education grant. RePublic Schools was one of twelve organizations selected for a Charter School Program Grant this year.

The grant will be issued over a five-year period, and RePublic Schools Inc. was allotted $1.76 million in Year One. The Mississippi Charter Authorizer Board approved two more RePublic Schools, Smilow Prep and Smilow Collegiate, earlier this month. The schools will open in Jackson in August 2016.

In a press release, CEO Ravi Gupta said, "We are grateful to Secretary Duncan (the U.S. Secretary of Education) and his team for recognizing RePublic's efforts to expand high quality, 21st Century educational opportunities for children in Tennessee, Mississippi, and Louisiana."

RePublic Schools has opened schools in Tennessee and Mississippi thus far, but the press release mentions Louisiana as well.

Mississippi is one of three states selected to receive the Toyota USA Foundation Grant for career education. The $1.5 million grant will be shared amongst students in Mississippi, New York and Kentucky. The grant will span over a three-year project that focuses on increasing student interest in STEM (science, technology, engineering and mathematics) and manufacturing careers. Four Mississippi high schools will receive the grant funding.

The grant focuses on preparing high school students for careers and improving graduation rates simultaneously. The project uses an online, Web-based program to train freshman and sophomore high school students in STEM and manufacturing skills that can help students obtain certificates at the end of the program.

In a press release from the Mississippi Department of Education, state superintendent Dr. Carey Wright said, "One of the Mississippi Board of Education’s goals is ensuring every student graduates high school and is ready for college and a career, and this program fits perfectly into that goal. We greatly appreciate Toyota USA Foundation’s commitment to providing career and educational opportunities to our students."

The following Mississippi schools have been selected for the Toyota grant project:

• Saltillio High School in the Lee County School District
• New Albany High School in the New Albany School District
• Pontotoc High School in the Pontotoc City School District
• North Pontotoc High School in the Pontotoc County School District

The Department of Justice announced a series of reforms for federal prisons today. Reforms include building a school district within the system and improving the halfway houses that serve as re-entry homes for inmates in the system.

The DOJ also announced plans to improve programs for women in prison and provide inmates that are released with ID cards, free of charge. The reforms are a part of the department's intense focus on lowering recidivism rates across the country and rehabilitating former inmates. Earlier this year, the DOJ announced that they would phase out all contracts they had with private prisons due to the lowering number of inmates in the country as well as not finding real advantage in cost savings or enhanced services with private facilities.

There are two federal prisons in Mississippi: one in Yazoo City, and one in Natchez. The facility in Yazoo City is privately operated and run by the Corrections Corporation of America, or CCA, whose stocks soared after Donald Trump won the projected electoral college votes on Nov. 8.

President-elect Donald Trump's nomination of Alabama Sen. Jeff Sessions for attorney general could change some of these reforms, and Democrats fear what Sessions' prosecutorial reputation and Trump's promises for "law and order" on the campaign trail could mean for reforms made in the past eight years.

The much-anticipated Senate bill that would change the governing authority of the Jackson airport has attracted most of the attention in the airport "takeover" fight between Republican lawmakers and Jackson city officials and citizens, but Rep. Mark Baker, R-Brandon, filed a second airport bill earlier this week in the House of Representatives.

The House bill would dissolve the "municipal airport authority located in a municipality with a population of 173,514 according the 2010 federal decennial census" by June 2017. The only city in the state with that population is Jackson. Rep. Baker's bill goes on to describe a nine-member commission that would replace the municipal airport authority. The new "municipal-regional airport authority" would be made up of a representatives from 9 municipalities.

Rep. Baker's bill does not name municipalities; instead it uses 2010 Census figures to describe each separate municipality that would get representation on his proposed commission. Using 2010 Census numbers, the"municipal-regional airport authority" would be made up of one representative each from Jackson, Madison, Ridgeland, Flowood, Pearl and Brandon. There would be one Hinds County Board of Supervisors commissioner and two Rankin County Board of Supervisors commissioners if Baker's bill passes.

The bill was referred to the House Judiciary A Committee (which Rep. Baker chairs) and the House Ports, Harbors and Airports Committee.

Ward 7 Jackson Councilwoman Margaret Barrett-Simon has announced that she will not seek re-election this spring for her council seat, which she's held for 32 years. Barrett-Simon released the statement below, regarding her decision:

"Fellow Jacksonians,

It has been my deepest honor and blessing to serve Ward 7 as your elected representative on the Jackson City Council for the last 32 years. After much consideration and discussion with Al and the rest of our family, I have decided that the time has come to seek new challenges. I will not seek re-election this spring.

Ward 7 is perhaps the most diverse part of our city. One of the true blessings that I have had in this job is the opportunity to meet so many wonderful people from such varied backgrounds. I have come to love these friends so much, and this is what I will miss the most. I would also like to thank all of my colleagues on the City Council and in city government with whom I have been privileged to serve.

I intend to remain engaged in our local affairs as we move forward together, and I look forward to joining with all of you as we all strive to build a better and more prosperous city for all of our residents. I also encourage each of you to take an active role in making Jackson and Ward 7 the best that they can be. The future of Jackson is bright because of you.

Dr. Albert Simon and I would like to offer our most sincere thanks to each and every one of you for your support and friendship over these many years. We won't be far away."

A news release from the Mississippi State Department of Health about City of Jackson drinking water is reproduced in its entirety below:

Today the Mississippi State Department of Health– after consultation with the Centers for Disease Control and Prevention and the Environmental Protection Agency, is advising all residents who receive their drinking water from the City of Jackson Water System to take the following precautions:

· Before using tap water for drinking or cooking, run your tap on cold for one to two minutes; for more detailed information visit www.cdc.gov/nceh/lead/tips/water.htm; · Households should never use hot water for drinking or cooking; · Any child five years of age or younger and any pregnant woman should use filtered water (NSF53 certified filter http//info.nsf.org/Certified/DWTU) or bottled water for drinking and cooking; · Baby formula should be “ready-to-feed” or prepared using only filtered water or bottled water; and · Parents with children six years or younger should contact their child’s pediatrician or primary care provider to ensure adequate lead screening and blood testing have been performed.

“Although the majority of home lead testing performed identified no lead, or lead below the action level of 15 ppb, we are issuing these recommendations as a special precaution for young children and pregnant women,” said State Epidemiologist Dr. Thomas Dobbs.

“It’s important to remember simple measures, such as flushing the faucet for one to two minutes, can markedly reduce lead levels in tap water,” added Dobbs.

The Mississippi State Department of Health will mail the above health recommendations about lead to all customers on the City of Jackson Water System, and will closely monitor the City of Jackson’s progress to reduce the corrosiveness of water. Corrosive water leads to leaching of lead in some older homes where plumbing contains lead pipes or lead solder.

“We believe these precautions should remain in place at least six months while the City of Jackson makes the necessary changes required to stabilize the alkalinity and pH levels in the system. These changes should ensure better optimization of corrosion in the Jackson Water System, which should lead to minimal leaching of lead in home plumbing,” said Director of Health Protection Jim Craig.

Below is the verbatim press release from 42 For Better Schools sent out today.

To the Supporters of Initiative 42 and All Proponents of Public Education:

As another school day began this morning, the 500,000 candidates for whom we fought in the campaign for Initiative 42 took their seats in classrooms across Mississippi. The majority of those candidates were probably unaware that they'd just lost a battle for full funding of their public schools. Likewise, they probably did not know that their campaign was just beginning.

Unlike a traditional political campaign, Tuesday night saw no winners. Certainly not the supporters of the constitutional amendment to force the Legislature to abide by its own 1997 school funding law. And most definitely not the opponents of Initiative 42, at least not from the perspective of the half a million students -- those candidates -- whose educational environments remain exactly the same today as they did yesterday.

Of the approximately 640,000 Mississippi voters who cast ballots on Tuesday -- one of the lowest turnouts in state history -- only about 25,000 more people voted against the amendment than voted for it. So no matter who claims "victory," our Legislature must now heed the call to do more to improve our public schools. Either that, or simply ignore the wishes of more than 300,000 of their citizens.

With power comes tremendous responsibility, and those who control the legislative process have a larger duty to serve all the people, not just those who agree with their political ideology. As the saying goes, character is how you treat those who can do nothing for you.

As we reflect on Tuesday's results, the 42 For Better Schools Campaign offers no excuses and assigns no blame for not reaching the numbers required to adopt the constitutional amendment. Did the Legislature's alternative measure create the confusion they wanted to defeat 42? Of course it did. Would 42 have passed if the vote had been a straight-up yes or no decision without the alternative? Most likely.

So many factors play into any political campaign and this one had more than most. It was an uphill climb from the start, but that was the point -- to start the process to guarantee adequate and full funding for our students and their public schools. And so the battle continues.

The volatility and rancor on both sides of this issue over the past few months only underscores its importance and the need to continue working to make a difference. While this battle wages, we hope that somewhere in the wings lies the opportunity for cooperation from both sides.

We are all Mississippians. And our candidates will always be our children.

Jonathan Compretta Michael Rejebian Co-Managers, 42 For Better Schools

Mississippi pastors, community leaders and a Hattiesburg church have filed a federal lawsuit challenging House Bill 1523, the third legal challenge to the "Protecting Freedom of Conscience from Government Discrimination Act."

The plaintiffs have sued the governor (who recently received a Religious Freedom Award), the attorney general, the executive director of the Mississippi Department of Human Services and the state registrar of vital records, asking the federal court to issue an injunction blocking the bill from becoming state law on July 1.

The lawsuit says that "with the passage and approval of that bill, the Legislature and the Governor breached the separation of church and state, and specifically endorsed certain narrow religious beliefs that condemn same-sex couples who get married, condemn unmarried people who have sexual relations, and condemn transgender people."

The plaintiffs will be represented by Jackson-based lawyer Rob McDuff and the Mississippi Center for Justice.

Read the complaint here. The press release from the MS Center for Justice has been reproduced, verbatim, below:

Ministers, Community Leaders, and Activists File New Lawsuit Challenging House Bill 1523

A group of Mississippi ministers, community leaders, and civic activists, along with a Hattiesburg church, today filed a new lawsuit in federal court in Jackson challenging House Bill 1523. The lawsuit claims the controversial measure violates the principle of the separation of church and state contained in the First Amendment of the Constitution.

The plaintiffs, represented by longtime civil rights lawyer Rob McDuff and the Mississippi Center for Justice, are asking the federal court to issue an injunction blocking the bill from taking effect on the scheduled date of July 1.

The lawsuit follows an earlier case filed by the ACLU challenging HB 1523 on different grounds. The ACLU suit also seeks an injunction prior to July 1.

Today’s lawsuit focuses on the language of Section 2 of HB 1523, which reads: “The sincerely held religious beliefs or moral convictions protected by this act are the belief or conviction that: (a) Marriage is or should be recognized as the union of one man and one woman; (b) Sexual relations are properly reserved to such a marriage; and (c) male (man) or female (woman) refer to an individual’s immutable biological sex as objectively determined by anatomy and genetics at time of birth.”

The lawsuit claims that by enacting HB 1523, the Legislature and the Governor “specifically endorsed certain narrow religious beliefs that condemn same-sex couples who get married, condemn unmarried people who have sexual relations, and condemn transgender people.” The lawsuit notes that the bill provides special legal protection exclusively to people holding those beliefs, but not for those who have different beliefs.

“The people bringing this lawsuit, like thousands of people in Mississippi, do not subscribe to the religious views set forth in the bill, and do not believe the government should be interfering in religion by choosing some religious views over others,” McDuff said.

“Ensuring that government maintains neutrality on religious beliefs and respects …

Jackson Police Officer Melvin Williams was arrested today after a federal grand jury returned a one-count indictment against him for soliciting, demanding and accepting a bribe, U.S. Attorney Gregory K. Davis and FBI Special Agent in Charge Donald Alway said in a press release today.

The indictment alleges that from February 2016, to September 2016, Williams solicited, demanded and accepted things of value totaling $5,000 dollars from an unnamed individual intending to be influenced and rewarded. Williams is scheduled for arraignment at 2:30 p.m. today before U.S. Magistrate Judge Keith Ball.

The FBI is investigating the case and the and prosecuted by Assistant U.S. Attorney Patrick Lemon is prosecuting the case. If convicted, Williams faces a maximum penalty of 10 years in prison and a $250,000 fine.

An indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.

The Mississippi Association of Educators has endorsed Synarus Green in the District 72 House of Representatives special election.

"For generations, the Mississippi Association of Educators has worked to build opportunities for the people and communities they serve," Green said in a press statement. "I'm honored to have the support of MAE's members and leaders, and proud to stand with them as a champion for all our students."

Green is one of four candidates running for the District 72 seat that was vacated when former-Rep. Kimberly Campbell announced she would be leaving the House after the 2016 legislative session to take a position as the state director of AARP.

Read interviews with all the candidates in the District 72 special election race here.

The Mississippi Charter School Authorizer Board unanimously approved an application for two new charter schools to open in Jackson. RePublic Schools Inc. will run both schools: Joel D. Smilow Collegiate and Joel D. Smilow Prep. RePublic Schools Inc. is the charter management organization that opened one of the first charter schools in Mississippi this year, Reimagine Prep.

Smilow Collegiate will be serve grades K-8, and Smilow Prep will serve grades 5-8. The schools will grow by a grade level each year until they reach 8th grade. The two charter schools will be located on the same campus at Northside Drive on the old campus of Wesley Biblical Seminary. By 2023, both schools could have an enrollment of 1600 students.

The two charters will have to pass all of the requirements and inspections as prescribed by Mississippi's charter school law of the board before officially opening. Any student within the Jackson Public Schools district will be welcome to apply, and applications will go into a lottery only if the number of applications received exceeds the number of slots available.

Mississippi is one step closer to election reform after the House passed the 283-page election code bill this morning. The bill is the product of a committee formed by the secretary of state last year, which included lawmakers, circuit clerks and election commissioners from around the state. Secretary of State Delbert Hosemann told the Stennis Capitol Press Forum in February that the reform is "well worth our efforts, and all of these changes are big parts of an interwoven election code that should be passed."

A similar election reform bill is still on the Senate calendar, but it would have to pass today to stay alive. The deadline for original action on either chamber floor for general bills is today. For bills that have been held on a motion to reconsider, the deadline is tomorrow.

Developing story ...

Stacey Pickering, the incumbent Republican candidate for auditor, is targeting his opponent, Joce Pritchett, for being an "LGBT Candidate" in his campaign's automated calls.

One robocall that ran before the primary states:

"The liberal left-wing media has their own agenda in the state auditor's race...They want to see their LGBT candidate for auditor, Jocelyn Pepper Pritchett, have a chance in the general election. They know they can't defeat Pickering, but they know they can defeat Mary Hawkins-Butler...Let's stand up for Mississippi values; let's stand up for Mississippi's Conservative leadership. Let's stand up for the traditional Mississippi family."

Pritchett's campaign has responded to the call on their website saying, "This type of message is unacceptable in the 21st century. The Republicans know they can't attack Joce's qualifications, so they have to attack her orientation and her family. We can't let this happen."

This afternoon is the deadline for general bills held on a motion to reconsider to pass through both the House and the Senate. The Senate calendar includes Jackson airport "takeover" bill and a bill that would prohibit "sanctuary cities" in the state, while the House could take up a bill that passed by one vote that would require the Attorney General to receive written approval from the Outside Counsel Oversight Commission for any lawsuit that would cost more than $250,000 in the amount sought.

The House passed the Attorney General oversight commission bill last Tuesday, but the bill was held on a motion to reconsider after it passed by a vote of 61-60. The Senate debated the airport "takeover" bill for over two hours last Thursday, and after it passed (mainly along party line votes), it was held on a motion to reconsider and not taken up on Friday. The House and the Senate both reconvene at 4 p.m. this afternoon.

Speaker Philip Gunn has appointed Rep. John Read, R-Gautier, as the new Chairman of Appropriations in the House of Representatives.

“John has more experience and knowledge of the appropriations process than anyone in the House of Representatives,” Speaker Philip Gunn said in a press release. “He has 25 years of legislative experience. He has been a member of the Appropriations Committee for more than 20 years and has served as the Vice-Chairman of Appropriations for eight of those years."

“He has also served in various other leadership roles during his legislative career, including Chairman of the Fees and Salaries Committee, Chairman of the Conservation and Water Resources Committee, and Vice-Chairman of the Rules Committee, one of the most powerful committees in the House,” Gunn said in a release. “John has served well in all of these roles and has proven himself to be a competent leader. His resume and his record of service make it clear that he is very qualified to be the Chairman, and I believe he will do an excellent job.”

Rep. Read currently serves on the following committees in the following roles:

• Conservation and Water Resources - Chair
• Rules - Vice-Chair
• Appropriations
• Gaming
• Ports, Harbors and Airports
• Public Property

Gov. Phil Bryant created a task force today to address drug abuse in the state, specifically for the abuse of opioids and heroin.

Opioid abuse is up nationally and has been for the past two decades. Opioids include prescription pain killers, some nervous system depressants and some stimulant drugs, according to the National Institute on Drug Abuse.

Gov. Bryant's proclamation claims that Mississippi is one of the leading prescribers for opioids. The governor will appoint voluntary members to the task force, but the proclamation does not specify a date when the task force will meet or for how long.

The Centers for Disease Controls tracks overdose related deaths, and from 2013 to 2014, the state saw a slight increase, from 316 deaths in 2013 to 366 in 2014. That number is not specific to opioid-related overdoses, however.

The Grenada County circuit clerk resigned today because she did not want to issue marriage licenses to same-sex couples. According to an AP report, Linda Barnette has served as the circuit clerk in Grenada County for 24 years, and was scheduled to retire after the November elections. She decided she couldn’t wait, however, because legalizing a same-sex marriage goes against her religious beliefs.

According to Campaign for Southern Equality’s Lindsey Simerly, as of Monday 49 counties in the state are issuing same-sex marriage licenses. Technically the Supreme Court’s ruling that legalized same-sex marriage in the U.S. on Friday should overrule the 5th U.S. Circuit Court of Appeals, that is expected to lift its stay on the Campaign for Southern Equality v. Bryant case soon. However, following a statement by Attorney General Jim Hood issued on Monday, some county clerks have decided to wait until the stay is lifted to begin issuing licenses. Regardless, Simerly also said that no one should have to drive more than an hour in Mississippi to get a marriage license now.

The Mississippi case will likely move forward after both sides have filed briefs requested by July 1.

Lt. Gov. Tate Reeves met with Louisiana Lt. Gov. Billy Nungesser, both Republicans, in Cleveland, Miss., today to talk tourism.

The lieutenant governors met with members of the Mississippi Tourism Association to discuss tourism possibilities in the area and between the two states. The Delta Regional Authority is working with both Louisiana and Mississippi to promote the Mississippi River Geotourism Project, which will work on making the Delta a tourist attraction as well as create a website in coordination with National Geographic to to help tell the story of the longest river in North America.

Reeves and Nungesser toured the Grammy Museum while in Cleveland, one of the area's newest tourist attractions. The museum opened in March 2016, and it features not only exhibits but also a theater. Both lieutenant governors also praised development around the museum, including construction of the new Lyric Hotel in Cleveland, which will be a luxury hotel featuring a four-star restaurant, special event venue and spa.

“Our two states share a deep connection in so many areas, whether its food, music, history or a love of the outdoor sports,” Lt. Gov. Reeves said in a press release. “Through tourism, we can highlight the contributions of our talented citizens to these areas and grow the economies in our towns.”

Woodrow Wilson Drive's eastbound lanes will be reduced to one lane in preparation for major repair work on the water lines below the road. Once repair work begins, traffic will be re-routed to State Street, but no contractor has been named so the street will remain open until a contractor is found and repair work begins. The project could take up to two months once construction begins.

Read the City of Jackson's press release (in full) below:

"Beginning Thursday, Jan. 7, City of Jackson Department of Public Works crews are switching eastbound traffic to the north lane of Woodrow Wilson Drive instead of the south lane. Motorists are encouraged to proceed with caution and drive at a reasonable speed.

The City is moving forward with the project to repair a major water main break on Woodrow Wilson Drive. The road remains passable for motorists as crews continuously assess the condition of the site to keep it safe until the repair work can begin.

Engineers have designed the repair, which is complex because of the location, the materials for the pipe and the laying conditions. This project requires a custom built new pipe as the break occurred on a 36-inch water line constructed in the 1960s. The pipe needs to be encased, which requires engineering design and a contractor. This repair cannot be made in-house.

The City is currently reviewing a contract for a contractor. Upon approval, work will begin and could take approximately two months to complete because of the complexity of the repair. During that time, traffic will be rerouted to State Street. The public will be informed of the detour in advance."