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.

After the Washington Post released a 2005 video recording of Donald Trump and Billy Bush having a lewd conversation about permissible ways to treat women, several former Trump supporters backed away from their endorsements. Among these politicians were Alabama Gov. Robert Bentley and two Alabama members of Congress.

Mississippi political leaders, however, did not back off their endorsements. Lt. Gov. Tate Reeves did tweet his disapproval with Trump's remarks on Oct. 8.

"As a dad of girls, @realdonaldtrump's remarks on video are reprehensible and outside the bounds of decency. I hope his apology is sincere," Reeves tweeted on Oct. 8.

Trump issued an apology in a short video later, but defended the discussion as "locker room talk" in the second presidential debate on Sunday.

The Mississippi Democratic Party released a statement in response to Trump's views on sexual assault last Friday.

"It was revealed this afternoon that the Republican presidential nominee continues to hold astonishing views about how he can get away with sexual assault. Yet, not a single Republican statewide or legislative leader has called his actions deplorable," the statement says. "America deserves better leadership than this, and voters should remember his words when they vote on November 8th."

Following the debate, Gov. Phil Bryant did not back off his endorsement of Trump, and on Facebook, he said issues like repealing Obamacare and appointing judges to the U.S. Supreme Court were at stake in the election.

"Tonight, Donald Trump focused on issues important to the American people -- securing our borders, rebuilding our economy and repealing and replacing Obamacare. Bill Clinton was correct when he called it the craziest thing in the world. It was good to see most of this debate centered on things that are important to Americans," Bryant said in a Facebook post on Sunday. "Hillary Clinton spent the evening proposing the same policies that have failed for 30 years, including appointing liberal judges to the Supreme Court who would advance the Left's agenda rather than respect the Constitution. Most conservatives understand this election is about the United States Supreme Court and the future of our country."

Thus far, no state political leaders who formally endorsed Trump have swayed in their support of the Republican presidential candidate. The deadline for Mississippians to register to vote was on Saturday.

It's back to school time which means time to figure out financial aid, student loans and other expenses for most college students. Smart Asset, a financial advising website, has created a Student Loan Calculator for students to estimate how much they will owe monthly and in total by the time they walk across the stage. The website also ranks each state's colleges and universities by their best monetary value (think starting salaries for graduates, retention rates, tuition costs, etc.).

Here are Mississippi's Top Colleges and Universities ranked by 'Best Value':

• Mississippi University for Women
• University of Mississippi
• Mississippi State University
• Jackson State University
• Delta State Universitiy
• University of Southern Mississippi
• Mississippi College

See how your college or university stacks up here.

http://jacksonfreepress.com/users/photos/2015/aug/25/22668/

Mississippi has earned a D- grade on the Center for Public Integrity's 2015 investigation of state government transparency and accountability issues. The state's overall rank nationally is 33rd out of 50 states.

After this year's election, it should come as no surprise that Mississippi was ranked last in the campaign-finance category.

As early as the primary elections, disputes over personal campaign-finance spending raged. For example, Stacey Pickering, the state's auditor, used campaign-finance money to buy an RV and a garage door. He said at the time that the FBI was not investigating, despite reports to the contrary.

Advocacy organizations played important roles in the campaign-finance game too--especially in DeSoto County where four Republican legislators were ousted for their anti-charter school views when Empower Mississippi, a pro-charter organization, funded their opponents' successful campaigns.

The only regulations in place in Mississippi state law limit corporate donations to candidates or political parties. Individuals, lobbyists, political initiatives or political action committees are not limited in their spending on candidates or campaigns, an important factor in the Initiative 42 public-school funding campaign and the "Vote No" anti-42 campaign this last election. Dark money--donations made through or by organizations with no transparency about motivation or primary sourcing--influenced both sides of the Initiative 42 debate.

Mississippi also received failing grades in the following categories: public information access, electoral oversight, executive accountability and judicial accountability.

The report stated that Mississippi could rise from its last-place rank if legislators would examine and update campaign-finance laws in the state.

The U.S. 5th Circuit Court of Appeals has denied Gov. Phil Bryant and MDHS Executive Director John Davis' motions to stay the injunction that blocked House Bill 1523 from becoming law. Bryant and Davis asked the court to expedite their appeal, and that application was also denied.

The 5th Circuit did allow the two HB 1523 cases to be consolidated, but the court will not issue a stay on U.S. District Judge Carlton Reeves' injunction or expedite the a hearing for the governor's appeal of the bill.

The conservative legal organization, Alliance Defending Freedom, is providing co-counsel for the governor's appeal in the 5th Circuit. HB 1523 was based, at least in part, on language from a model policy that ADF sent to the governor's office before same-sex marriage was legalized nationally in 2015.

Rob McDuff, one of the lawyers for plaintiffs, called the order a great victory.

"Two and a half months after we filed this challenge to HB 1523, the federal courts once again have held that the bill should not take effect. This is a great victory for the thousands of Mississippians who have opposed this bill in the name of tolerance and fairness and dignity for all," he said in a statement to the Jackson Free Press. "Although the Governor apparently will continue with his appeal, this is an important milestone in the battle against this completely misguided piece of legislation."

“We are pleased with the Fifth Circuit’s summary denial of the governor’s motion and look forward to final resolution of this matter in our favor,” said Beth Orlansky, advocacy director of the Mississippi Center for Justice said in a statement.

Read the motion here. Read more about HB 1523 here.

This post has been updated with statement from the MS Center for Justice and Rob McDuff.

Community stakeholders sent a letter to lawmakers on the Health Budget Review Committee asking them to take several steps in working to reform the state's mental healthcare system and focus more community-based mental healthcare.

The letter is reproduced in full below:

Dear Members of the Legislative Mental Health Tax and Budget Review Committee:

We, the undersigned stakeholders, appreciate the concern you have shown by your close examination of the state's mental health budget. But we fear that you and the legislature are ignoring a much more fundamental and dire issue, and what is actually the real problem: Our State's mental health system is antiquated and costly, both in dollars but even more in human lives.

Because our system overly relies on expensive institutional care in state hospitals and other long term care facilities, Mississippi has not developed to scale the types of services in the community that we know will most help people. As a result, many people are torn away from their families and communities. That is unfair to them and violates their basic civil rights. It also deprives us of benefiting from their presence and their contributions. And perhaps most importantly in your examination of the mental health budget, this over reliance on institutional care is why Mississippi is being sued by the Justice Department. In fact, the DOJ has actively promoted community-based services as a means of preventing the needless isolated institutionalization of people with mental illness.

With early and effective intervention, almost all adults and children with mental illnesses can and want to be part of their families, meaningfully contribute to their communities, and work and/or go to school, outside of institutions. It is alarming to us that your budget discussions have started with the assumption that mental health care is best delivered through institutions. That assumption is not true. It is also harmful. You as legislators are in a unique position to transform our mental health system and bring it into the 21st century.

These are some steps that we strongly urge you to take:

• Meet directly with your constituents with mental illness and their families and ask them about their experiences with the mental health system and what would help them live productive lives. We encourage you to hold public hearings throughout the state.

• Visit the Community Mental Health Centers and mental health nonprofits in your district and find out what support they need to deliver these kinds of services. Find out how effectively the money you appropriated is being spent and what support mental health centers need to maximize the impact of the funds.

• Reach out to your counterparts in other states that have transitioned to an effective community-based system to learn how they did it. New Hampshire, Delaware and Georgia are recent examples.

• Partner with the consumer and family organizations that represent people with mental illness. They can and are willing to provide you data, help you gather feedback and …

Sen. John Horhn, D-Jackson, held a press conference this morning with House and Senate Democrats calling on the legislative leadership to suspend the rules and bring back Senate Bill 2147, Horhn's bill that would create a commission to re-design the Mississippi state flag.

Horhn and other lawmakers called on the people of the state to reach out to the legislative leadership and said it's time for a change of heart.

"What we need is a heart transplant and a change of heart in this state," Horhn said.

Several lawmakers said they want the state flag to change by 2017 for the state's bicentennial as well as the 71st Annual Meeting of the Southern Legislative Conference, which will be held in Mississippi. At the press conference, Sen. Sollie Norwood, D-Jackson, said that some of their colleagues are not interested in coming to Mississippi if the current state flag is still flying.

"We've already been advised by some of our colleagues in other states that they're not interested in coming to Mississippi because Mississippi still flies a Confederate flag," Norwood said. "I think it would be a tragedy if we lose the opportunity for our colleagues to come to our state and celebrate with us as we've gone to their states and (celebrated) with them because of our refusal to take down this flag."

Several Mississippi nonprofits have called on Gov. Phil Bryant to address the several incidents of race-based violence in the past month from the Emmett Till Tallahatchie River marker covered in bullet holes to the African American Delta church set on fire and spray painted with the words "Vote Trump," which has since been ruled an arson that the FBI is investigating.

Gov. Bryant declared October "Racial Reconciliation Month," but since then, community activists have called on the governor to act on those words by supporting the removal of the Confederate battle flag in the canton corner of Mississippi's state flag. Bryant addressed the Delta church burning on his Facebook but did not mention race or hate crimes.

"Law enforcement responded last night to a suspicious fire at Hopewell Missionary Baptist Church in Greenville. First, anyone who burns a place of worship will answer to almighty God for this crime against people of faith. But they should also answer to man's law. Authorities are investigating and we expect a suspect will be identified and brought to justice," the Facebook post says.

The Mississippi Center for Justice, Southern Poverty Law Center, Mississippi NAACP State Conference, the Children's Defense Fund's Southern Regional Office and the ACLU of Mississippi released a letter today calling on Gov. Bryant to "condemn each of the recent acts of race-based violence as unacceptable and contrary to Mississippi’s goal of racial reconciliation."

"We also call upon Governor Bryant and Mississippi’s legislative leaders to demonstrate the ideals of racial reconciliation by supporting the removal of the Confederate emblem from the Mississippi state flag, which is a constant reminder of racial oppression and injustice," the letter says.

Gov. Phil Bryant has signed the Jackson airport 'takeover' bill into law. Sen. Josh Harkins, R-Flowood, announced the news on his Facebook page today, with a photo and a message that said:

"Gov Phil Bryant just signed the airport bill, SB 2162. I believe that this will have a great impact on the future of our airport and its economic impact on our state. I am proud to have authored this bill and appreciate my good friend, Rep. Mark Baker, for carrying the bill in the house. I also appreciate the Lt. Gov, Speaker, Senate and House members that supported the bill."

Update 7:35 p.m.: Mayor Tony Yarber issued this statement regarding SB 2162, "The City of Jackson maintains its position that this unconscionable legislation hijacks the City's authority to operate its municipal airports. Gov. Phil Bryant's signing of the bill shows he has sided with the cell of lawmakers and entrepreneurs commissioned to commandeer the City's municipal airports. We will not yield to the legislation, but will challenge its constitutionality. Senate Bill 2162 is unconstitutional and not supported by either state or federal law. Be assured that the officials with the City of Jackson will continue to stand up for its citizenry when it comes to unconstitutional measures."

For coverage of the airport 'takeover' bill visit: jacksonfreepress.com/airport.

Jackson State University's interim President Dr. Rod Paige applauded President Donald Trump's executive order in support of Historically Black Colleges and Universities (HBCUs) across the country. Trump's order creates a board of advisors on HBCUs that reports to him as well as effectively moves HBCU programs to the executive office instead of the Department of Education.

Paige, a former U.S. Secretary of Education under George W. Bush, said he was encouraged by Trump's executive order.

“HBCUs have played an integral role in providing access to education and to the American dream for minorities for nearly two centuries. We are encouraged by the White House Initiative on HBCUs and look forward to the enhanced visibility and the opportunity to develop strategic partnerships with other agencies," Paige said in a press statement. "Moving the initiative from the Department of Education back to the White House is significant. This gives HBCUs greater access to other departments under the White House umbrella, such as the departments of agriculture, commerce, defense, health and human services, and so many others."

Trump signed the executive order on Feb. 28 the same day that new U.S. Secretary of Education Betsy DeVos released a statement using HBCUs as a bastion for school choice, a statement which drew ire from politicians and academics alike.

"(HBCUs) started from the fact that there were too many students in America who did not have equal access to education. They saw that the system wasn't working, that there was an absence of opportunity, so they took it upon themselves to provide the solution," DeVos' statement said.

"HBCUs are real pioneers when it comes to school choice. They are living proof that when more options are provided to students, they are afforded greater access and greater quality. Their success has shown that more options help students flourish."

DeVos' statement completely ignores the fact that HBCUs were born out of segregationist policies, like Jim Crow laws and state sanctioned segregation that did not allow African American students to attend public schools or universities, or even earlier in some cases as the Washington Post reports, "historically black colleges date to the pre-Civil War era when public policy in parts of the nation barred blacks from education."

Since Trump signed the executive order, some HBCU presidents have taken the opposite approach of Paige. The Root boiled down the essence of some presidents' response to the executive order simply as: "We got played."

The president of Morehouse College wrote that expectations of a president doing more than Barack Obama would have meant increased funding, but as President John Silvanus Wilson Jr. wrote, "...instead of the long-awaited executive order containing or signaling any of those outcomes (increased funding, scholarships etc), the key change is a symbolic shift of the White House HBCU Initiative from the Department of Education to the White House. It is not possible to measure the impact of this gesture anytime soon, if ever."

Wilson Jr. went on …

Walmart is closing six Walmart Express stores in Mississippi, all located in the northern part of the state in small towns. The store closures translate to about 180 lost jobs, but the national corporation said its main focus is to take care of the associates, offering them the option to transfer to nearby Walmart or Sam's Club stores. The Walmart Express stores in Belmont, Mantachie, Sardis, Walnut, Derma and Nettleton will close on January 28.

Walmart spokeswoman Anne Hatfield said that some associates will stay on in the Walmart Express stores until all inventory is removed by the second week of February. Associates that have not transferred will be paid for an additional 60 days, and those associates that have been with the company for a year or longer also have a severance option. Walmart is getting rid of most of the Walmart Express stores nationally, and to compensate for potential food shortages in communities where the stores are closing, Walmart will donate $3,000 to local food banks, Hatfield said.

On a more positive note for Walmart workers, all hourly employees can look forward to a wage increase of $10 per hour as long as they have been with the company since Jan. 1. Workers who started work after Jan. 1 can complete a training program in order to watch their wages jump to $10 per hour. The pay raise goes into effect on Feb. 20. Hatfield said that this is a part of Walmart's commitment to investing in their associates and doing things to ensure their employees are happy and engaged with their work. 2016 is Walmart's second year of a $2.7 billion investment in its workers.

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 Tax Foundation honored Lt. Gov. Tate Reeves and House Speaker Philip Gunn with its Outstanding Achievement in State Tax Reform award this week.

"Reeves and Gunn led the effort to begin phasing out the state’s archaic franchise tax, a tax on investment and capital formation in a state that needs more of both," a press release from the Tax Foundation says. "Beginning in 2018, the tax rate will drop in phases until complete repeal in 2028. The legislation also reduces the tax rate on low levels of income. Reeves and Gunn have also explored further tax reform options."

Reeves and Gunn brought the Tax Foundation to the Legislature last summer to work with a tax panel made up of lawmakers to look at the state's tax code. The conservative Tax Foundation favors relieving tax burdens on businesses, and their award follows the 2016 Legislature's passage of the Taxpayer Pay Raise Act, which will divert $415 million from the state's general fund in 12 years.

Updated: Three persons of interest have been taken into custody, WAPT reports, after a 6-year-old who was kidnapped early this morning was found dead in the back of a stolen vehicle in Madison County.

The Jackson Police Department has now confirmed that they found a deceased child in the backseat of the stolen Toyota. He was six years old. A multi-jurisdictional investigation is still underway, according to JPD tweets. JPD, Hinds County Sheriff's Department, the Mississippi Bureau of Investigation and the Madison County Sheriff's Office are working collectively on this case.

WJTV and WAPT reported that the child, Kingston Frazier, was in the back of the Toyota, when the car was stolen from the I-55 Kroger parking lot.

A Hinds County Sheriff told WAPT that the deceased boy was found in Gluckstadt in Madison County at 9:30 a.m. WJTV is reporting "it is believed the child died from a gunshot wound."

The Mississippi Bureau of Investigation and JPD issued an Amber Alert for a missing boy, Kingston Frazier, early this morning.

JPD is posting on its Twitter account with updates. This post will be updated.

Below is a verbatim press release from Lt. Gov. Reeves supporting Gov. Phil Bryant's decision to join the lawsuit challenging Obama's transgender school bathrooms directive:

"Lt. Gov. Tate Reeves today commended Gov. Phil Bryant for joining a lawsuit challenging the federal directive to open bathrooms in Mississippi schools to both sexes.

“I appreciate Gov. Bryant representing Mississippi kids’ interest in this lawsuit fighting massive federal overreach into our communities,” Lt. Gov. Reeves said."

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.

Mississippi will receive over $52,000 after state and federal officials settled with Ashley Madison, an online dating website that caters primarily to married men, after a July 2015 data breach that led to leaks of users who had accounts on the site in 13 different states.

In a press release, Attorney General Jim Hood said that the company has agreed to strengthen their data security.

Ruby Corp., the entity that owns AshleyMadison.com, will make a payment of $1.66 million to the federal government and 13 states involved in an investigation of the company's practices. The company demonstrated through financial documentation that they were unable to pay a larger amount, although if information changes, they will pay an additional $17 million.

"This breach should remind everyone to be careful about his or her online activity, because there's always a chance that hackers will obtain their personal information," Attorney General Hood said in a press release. "I will not condone the actions of those who used this site nor the owners who provided a means for the destruction of marriages and the break-up of families. However, like every business, the owners of the site had an obligation to ensure that user information was secure, so they failed in their legal responsibility as well."

The data breach exposed information from millions of individuals, including photos, usernames, email addresses, and communications with other users, and much of this information was posted publicly online, the press release said.

In the settlement, the company agreed to end certain deceptive practices, to not create fake profiles, and to implement a stronger data security program, and in the wake of the security breach officials discovered that the website had created thousands of fake user profiles, misrepresented the strength of its security, and sold a "Full Delete" option which it did not carry out in all instances, a press release from Hood's office says.

The Southern Poverty Law Center has published a map of active hate groups in the United States, and in Mississippi, there are 19 groups, including several Ku Klux Klan factions. SPLC defines a hate group as having "beliefs or practices that attack or malign an entire class of people, typically for their immutable characteristics." Hate group activities include: criminal acts, marches, rallies, speeches, meetings, leafleting or publishing, SPLC's website says.

Nationally, there are 892 hate groups, by SPLC's definition, and since 1999, the number of hate groups in the country has almost doubled. There are 190 Ku Klux Klan groups in the U.S., SPLC data shows.

To view the map visit: https://www.splcenter.org/hate-map.

"Church protection" would come with firearms if a House bill passes through the Legislature this session. Rep. Andy Gipson, R-Braxton, introduced the "Mississippi Church Protection Act" this week which would give churches legislative permission to create a "security program" that would designate certain members to carry weapons at church.

The bill would establish requirements for members of a church's security program. Members of a security program would be required to have firearms permits and go through an "instructional course in the safe handling and use of firearms." Any member of a church's security program would be immune from civil liability for any action taken while serving on the program.

The bill, HB786, was referred to the House Judiciary B Committee, which is chaired by Rep. Gipson.

Jonathan Compretta and Michael Rejebian, co-campaign managers for 42 For Better Schools, filed an 11-page lawsuit today asking a judge to order that the Initiative 42 ballot measure's full text be printed on the Nov. 3 ballot. Currently the ballot states the initiative title, the section of the Constitution being amended and the Legislative Budget Office Fiscal Analysis.

After a denied records request and the Legislative Budget Office analysis changing (since the March version) on the sample ballot released last week, 42 For Better Schools is hoping to bring clarity to the November election ballot by putting the full text of their proposed change to Mississippi's Constitution in writing.

The plaintiffs cite Section 273 of the Mississippi Constitution as the basis for their legal action. In this section, the Constitution states that:

"The sponsor of an initiative shall identify in the text of the initiative the amount and source of revenue required to implement the initiative. If the initiative requires a reduction in any source of government revenue, or a reallocation of funding from currently funded programs, the sponsor shall identify in the text of the initiative the program or programs whose funding must be reduced or eliminated to implement the initiative. Compliance with this requirement shall not be a violation of the subject matter requirements of this section of the Constitution. "

42 For Better Schools argue that the approved ballot does not contain the original initiative language proposing a multi-year phase-in to fully fund K-12 schools, which have been fully funded only twice since the 1997 passage of the MAEP, the funding formula. Initiative 42 proponents have previously stated that their intention is not that the Legislature fully fund public education immediately, and they understand that if excess funds are used, it might take almost seven years to fully fund MAEP. The House Appropriations Committee still met to discuss budget cuts, however, and have maintained that if the initiative passes, they will have to cut almost every state agency's budget.