Jackson Free Press

As we noted in Tuesday's story on campaign finance reform, mayoral candidate Regina Quinn did not file a campaign finance report by the Jan. 31, 2013 deadline. This means one of two things -- either she is either in violation of Mississippi sunshine laws regarding campaign finance transparency, or she didn't raise or spend over $200 in 2012 on her campaign.

This morning, another campaign told the JFP that a non-profit organization was founded under the name "Jackson United" to Elect Regina Quinn, Mayor. It was incorporated on June 18, 2012.

This afternoon, we discovered the incorporation document that shows that the non-profit was formed by Jackson attorney John Richard May, Jr. for the purposes of "Political Advocacy and Public Education."

Mississippi code prohibits incorporated committees and associations and incorporated companies and corporations from contributing more than $1,000 per year, directly or indirectly, to a candidate or the candidate's committee. They are also prohibited from contributing more than $1,000 annually to any political party.

The penalty for such action is a fine no less than $1,000 or more than $5,000 against the corporation.

It is unclear what, if any, contributions the non-profit organization has made at this time. May could not be reached for comment Tuesday afternoon.

A link to a copy of the filing for incorporation for "Jackson United" follows below.

Jackson United's incorporation documentation

Update: After a Tuesday afternoon request from the JFP for clarification on the law pertaining to incorporated entities and political campaigns, the office of Secretary of State Delbert Hosemann has attorneys looking into the legality of a campaign being set up as a non-profit organization. As of 3:45 p.m. Wednesday afternoon, there was still no consensus. Stay tuned for more updates.

The Jackson City Council had a couple of hurdles to jump Tuesday morning to keep the city from losing up to 20 percent of its expected profits from the now-official water and sewer rate increases outlined in Mayor Chokwe Lumumba's 2014 budget.

Some were cleared; others were not.

The city will lose expected revenue it was set to receive from increased rates, but the rates will not be delayed as long as they could have been.

The motion to enact the rate increases, which will charge $4.47 per 100 cubic feet of metered water consumption for sewer service and $3.21 per 100 cubic feet for water consumption, was passed with a 5-2 vote, with LaRita Cooper-Stokes, Ward 3, and De'Keither Stamps, Ward 4, voting in opposition.

Here comes the technical part:

Rules of council procedures require a new ordinance, such as the one the city council passed Tuesday morning, to sit on the agenda for at least six days before the council puts it to a vote. After it's approved by a majority vote, the ordinance goes into effect 30 days after the vote.

The city attorney's office gave an extensive briefing on what would have to happen to bend both of those rules and make the rates go into effect immediately, but council did not heed that advice.

The council agreed unanimously to an expedited vote, forgoing the six-day waiting period, but because the final vote came back 5-2, the increased rates will still take 30 days to go into effect. A unanimous vote would have made the rate increases go into effect immediately.

"I was hoping for a unanimous vote," Council President Charles Tillman said. "But it's out of our hands now."

For more on water and sewer rate increases, be sure to pick up this week's edition of the JFP, which hits stands tomorrow, or check back to JacksonFreePress.com tomorrow.

With the announcement that he will seek a seventh term representing Mississippi in the U.S. Senate, Thad Cochran set off an flurry of statements from state and national figures, alike. Here are a few, including one of his opponents.

Mississippi Gov. Phil Bryant, in an official release:

“Deborah and I are pleased to hear of Thad’s intention to seek reelection. Sen. Cochran is a pioneer of the Mississippi Republican Party and has been instrumental in helping with my efforts to grow the economy and provide jobs for thousands of Mississippians. After Hurricane Katrina, Thad dedicated his time and influence to our state’s recovery efforts as we rebuilt from the nation’s largest natural disaster. Our state has benefited from Sen. Cochran’s leadership for over three decades. In today’s political environment, we need this experience for Mississippi’s future.”

State Auditor Stacey Pickering, on Y’all Politics.com:

“Congratulations to Senator Thad Cochran in his decision to seek re-election. I look forward to his continued service to the great state of Mississippi. Senator Cochran has been the epitome of an honorable statesman and we are better off because of his service.”

State Senator Chris McDaniel, on Politico.com:

“Sen. Cochran has had a long and distinguished career representing the people of Mississippi,” he said. “I look forward to a positive campaign based on the future of our state, our country and the Republican Party. As a strong conservative, I will fight to bring those values to Washington.”

Club For Growth President Chris Chocola, in the Washington Post:

“Throughout his over 40 years in Washington, Senator Thad Cochran has done some good things for Mississippi, but he’s also done some bad things. He voted to bail out Fannie Mae and Freddie Mac, voted repeatedly to raise the debt limit by trillions of dollars, and even voted against a resolution that stated Congress has a 'moral obligation' to cut spending."

Under state law, a violation of any candidate's campaign-finance disclosure requirement could result in the state withholding certification of nomination, withholding salary of office, and a misdemeanor conviction that carries up to six months in jail and a fine of up to $3,000.

But the city hasn't seemed interested in enforcing those election rules. Mayoral candidate Chokwe Lumumba was a month late on the 2012 report, and filed his pre-primary election report, due Tuesday, April 30, on Election Day, May 7.

Similarly, the Jackson 20/20 PAC, which is strongly backing Jonathan Lee, did not file its pre-primary report until the day before primary day, six days late.

Lumumba and the 20/20 PAC will get a shot at redemption tomorrow, when reports covering any money raised or spent by candidates from April 28 through May 11 are due by 5 p.m.

After that, the 48-hour reports should be pouring in.

Ward 2 Councilman-elect Melvin Priester, Jr. , Ward 7 Councilwoman Margaret Barrett-Simon and incumbent Mayor Harvey Johnson Jr. all filed 48-hour reports last week, but they were the only ones.

Under Mississippi Sunshine Laws, candidates seeking the nomination of a party in a municipal election must file a report with the city clerk if they receive any donations of $200 or more after the tenth day, but more than 48 hours before 12:01 a.m. on the day of the election.

In English, that means that if a candidate gets a single contribution of more than $200 (which both mayoral candidates in the runoff have received consistently) then they would have to notify the City Clerk's office within 48 hours of receiving the donation.

We're hopeful all this information will be readily available, and we're ready to update the site as we receive them. Another special thanks to the Jackson City Clerk's office, which has been professional and helpful from the start of this process back in January.

I got my hopes up today when I saw an item on a city council workshop meeting agenda about a tax increment financing (TIF) for a hotel project in downtown Jackson. We've heard rumors for weeks the city is close to a deal with a hotel management group to build and open a much-needed convention center hotel.

Unfortunately, this wasn't it.

The city council meeting didn't happen because there weren't four members present at 4 p.m., but mayor Harvey Johnson Jr. stuck around long enough to fill us in on that item.

"This is not the much-anticipated convention center hotel," Johnson said. "This is another much-anticipated hotel down on West Street at the site of the old Mississippi Valley Title building. ... It's a good project, it's an exciting project, but it's not the convention center hotel."

Westin Hotels has apparently bought the old MS Valley Title building, and plans on tearing it down to put in a hotel at the same location. Details on the plan are not available yet, but the agenda item to be voted on by the city council at tomorrow's regularly-scheduled 10 a.m. meeting calls for the city to provide tax incentives not to exceed $1.75 million to the hotel group.

The mayor added that they are in talks with a hotel group about the convention center hotel project, and that hopefully they would have something to say about that before the end of the month, which is his last day in office before mayor-elect Chokwe Lumumba takes office on July 1.

"We just need to figure out exactly what we need to do to make sure of what the city's portion of the deal would be, and try to get some indication from them that that proposal would be acceptable," Johnson said. "Then they can move ahead with some financing. At that point, we'll pass some kind of resolution of support or something along those lines."

Hopefully the city council will get a quorum tomorrow, because I'd sure like to hear more about the deal.

The office of Secretary of State Delbert Hosemann's office has responded to a request by the JFP to clarify the legal status of a campaign for municipal office being incorporated as a non-profit organization.

In response to the question "Can a campaign set up as a unincorporated nonprofit corporation?" the SOS office responded "A nonprofit corporation can be incorporated for any lawful activity."

In regards to the second question "Can an incorporated non-profit organization serve as the fundraising arm of a municipal election campaign?" the state office answered "A corporation may perform any lawful activity. A contribution made by a corporation to a candidate, political party or committee is limited to $1,000 per calendar year."

At hand is the campaign of Jackson mayoral candidate Regina Quinn, which is set up as an incorporated non-profit organization. It's important to note that Quinn's campaign is the only one in the mayoral race set up in this way. But running for public office certainly falls under the category of "any lawful activity," so it appears Quinn's campaign is on solid legal ground.

Sources from other campaigns raised questions as to the legal status of a campaign being organized as a non-profit, and Regina's husband John May, Jr., who filed the paperwork to incorporate "Jackson United to Elect Regina Quinn Mayor" admitted to the JFP he had received conflicting responses on separate dates from the secretary of state's office as to whether it would be considered legal.

It is a confusing situation to all but political gurus, but the answers we received to these questions seem to back up the claims from May, who is also an attorney, that everything the campaign is doing is legitimate.

In an e-mail to the JFP Thursday afternoon, Quinn explained the campaign's decision to form as a non-profit.

"We set up our political committee as a nonprofit in light of the fact that we wanted to make it clear to our contributors that we are not seeking to profit from my running for Mayor." Quinn wrote. "Win or lose, we will donate any excess funds to charity. Also, our organization is permissible under state statute and within the guidelines of the Secretary of State's Office for political campaigns."

Update: According to Jackson Director of Communications Chris Mims, Babe's was seeking $300,000 in damages. He added that the actual payout is likely to be around $105,000, give or take a few thousand dollars.

A lawsuit City Attorney Pieter Teeuwissen called "the last lawsuit against the city from the Melton administration" has been decided in favor of Babes Showclub vs. the city of Jackson.

The adult entertainment venue is seeking damages for loss of revenue "in the hundreds of thousands." On Tuesday, the city council voted 5-2 to settle with the club, closing the door on the final civil lawsuit against the former administration.

The history:

The Jackson Police Department shut down Babe's Showclub, an adult entertainment venue in the 1100 block of West Street back in March of 2006 on the grounds the city had no record of Babe's adult entertainment renewal application.

Attorneys for Babes called the closure illegal, and local attorney Chris Ganner and Tampa, Fla., attorney Luke Lirot argued that the city had also squelched the owner's rights to appeal the closure.

Babes General Manager Bo Powell argued that his club had applied for its 2006 license in October 2005 and complained that the city's application process was "confusing." He also claimed that city officials, whether accidentally or intentionally, had misdirected his application efforts.

Powell re-applied for a temporary license, but the city said it couldn't legally give out temporary licenses, despite Babes' attorneys' protestations that a temporary license is the only kind Babes could get if the city didn't follow through with the licensing process on its end.

Powell testified that an employee filed an application with the city's sign and license division because no one was available in JPD to take the application. Two city employees in the sign and license division testified that they'd accepted a $200 license renewal fee and stamped the document as a receipt. City employee Yolanda Shaw said she told JPD that Babes had made the payment, though JPD license and permit officer Samuel Gardner claimed at the time he had no record of the application.

Gardner also said he'd told Babes two months later that they had no license registered, but Powell said he had no hint of the problem until police showed up to close his club down in March.

From a Mississippi Sports Hall of Fame release:

Ben Puckett, a businessman and philanthropist who was passionate about Mississippi sports, will receive the second annual Rube Award at the Mississippi Sports Hall of Fame and Museum’s 51induction banquet August 2.

The Rube Award, named for long-time Mississippi Sports Hall of Fame and Museum executive director Michael Rubenstein, goes annually to a person whose love and passion for — and contributions to — Mississippi sports have made a meaningful difference. Mississippi baseball legend Boo Ferriss won the first Rube Award.

The award’s winner is selected by the Mississippi Sports Hall of Fame and Museum’s Board of Directors.

Puckett, who died on June 2, spearheaded Mississippi’s Olympic efforts for 26 years. He served as the United States Olympic Committee Mississippi State Chairman for 16 years and as co-chairman for another 10 years. The Ben Puckett family has sponsored the Olympic Room in the Mississippi Sports Hall of Fame and Museum since the shrine opened on July 4, 1996. In 1996, Puckett led a successful effort to have international Olympic teams come to Mississippi to train for the Atlanta Olympic Games.

Cal Wells, a Jackson attorney and long-time friend of Puckett’s remembers Ben’s passion for life and the Olympics.

“Ben had an energy level that was unbelievable; nobody could keep up with him,” Wells said. “I think his love for the Olympics went back to the first games he attended in 1968 at Mexico City. He loved the competition. He was a competitor himself and he loved watching great athletes compete.”

Puckett was a Mississippi State graduate and a huge supporter of Mississippi State athletics. Said long-time Mississippi State athletic director Larry Templeton, “Mississippi State was his school, and he was proud of it, and he was 100 percent behind us all the time. He was a great fan, one that never complained and always wanted to help. He made his contributions behind the scene. He didn't want publicity; he just wanted to make us better.”

Ben Puckett also gave his time and his money to support high school sports and the YMCA.

Tickets to the August 2 induction banquet are available by calling (601) 982-8264. Joining the late Rubenstein as inductees in the Hall of Fame’s Class of 2013 will be Bill Buckner, Jimmie Giles, Gerald Glass, Larry “Doc” Harrington and Langston Rogers.

The response to the question that will be posed to the Jackson City Council next Tuesday (Oct. 22) is something many people are asking: Is the Jackson Redevelopment Authority still worth having?

Ward 3 Councilwoman LaRita Cooper-Stokes has put forward item No. 34, an order by the city council unauthorizing the JRA.

Technically, the word should be de-authorizing, but you get the message. This conversation should be interesting in light of recent developments with the Farish Street saga and the unanswered questions surrounding the non-existent convention center hotel.

For a quick history lesson, JRA was created during the 1970 legislative session. It’s a seven-member board that has power, under the Mississippi Code of 1972, to establish and construct municipal parking facilities for motor vehicles belonging to members of the general public, and to rent, lease, purchase, or acquire land and property for public purposes (the historic Farish Street district or the land on which the Jackson Convention and Visitors Bureau now sits, for example).

This may get a bit technical, but it also has the power and authority to rent, sell, convey, transfer, let or lease such facility and related structures or any portion thereof, or any space therein, and to authorize commercial enterprise activities other than the parking of motor vehicles on leased property comprising any part of such parking facilities and related structures, which is what it is doing with the Farish Street Entertainment District and the land on which the new Iron Horse Grill will sit.

Because the JRA board was set up by Mississippi law, it is unclear whether or not the city council even has the authority to do eliminate the quasi-governmental body.

We reached out to all the city council members this morning and, so far, Ward 6 Councilman Tony Yarber is the only one to comment. He said he is not likely to support the motion.

“What I am in support of is a proposal I’m going to bring forward,” Yarber said, “a motion that will require JRA to involve the (city) council in future, and way earlier on in the process.”

Yarber said he could bring his motion as early as next week.

Stay tuned.

UPDATE: Ward 4 Councilman De'Keither Stamps responded with a "no comment."

In an odd turn of events last night, Ward 3 Councilwoman LaRita Cooper-Stokes balked at a chance to bring her own motion to "unauthorize" the Jackson Redevelopment Authority forward, even though all she had to do was second a fellow council member who had already moved to adopt her motion.

You can watch the video for yourself (just click on item 34).

When the motion was read, Margaret Barrett-Simon (Ward 7) moved to adopt the proposal, and Quentin Whitwell (Ward 1) immediately gave it a second. That opened the door for discussion and for Council President Charles Tillman to call a vote.

That's when Cooper-Stokes launched into her prepared speech on JRA, which began with a history lesson.

When she got to the end of sentence number one, Barrett-Simon interrupted.

"Oh wait, I'm sorry, I thought we were on another one," she said. "I withdraw my motion."

Tillman acknowledged her withdrawal, and said he needed a motion to adopt to go with Whitwell's second to bring the motion forward for a vote. Whitwell asked Cooper-Stokes if she would like to make a motion. "No, I just want to comment," she answered. At this point, Barrett-Simon let out what sounded like the tiniest of giggles.

"You can't comment unless we bring the item forward," Whitwell said.

"I just want to make my comment," Cooper-Stokes again responded.

Seconds passed before anyone spoke again. Whitwell finally agreed to withdraw his second, and instead moved to adopt the item. Tillman again acknowledged and asked if there was a second. Everyone in the room is looking at Cooper-Stokes, but she just stares straight ahead without changing expression.

After Tillman pronounced the item dead for lack of a second, he told Cooper-Stokes the council would then entertain her comment.

Her comment was about a three minute speech on JRA, without specifically going after the board or its leadership. It was more about what Jackson doesn't have commercially than JRA shortcomings.

"Where in the world is our economic engine?" Stokes asked. "I believe it has fallen apart, as we listen on a daily basis to cities all around us. Cities that are less-endowed than us that we can build, manufacture and have activities for their children. It's ridiculous what we're living with in the city of Jackson."

When she finished, Whitwell took the opportunity to really go after the JRA board, then used it as a jumping off point to criticize Cooper-Stokes for not standing behind her own agenda item.

"Well, since we're going to allow comment without a motion and a second," he began (Lumumba, seated to his left, is grinning). "I'm not suggesting that this order is perfectly written, but we have a crisis on our hands in the city of Jackson, because we have incredible opportunity for economic growth, yet we have a redevelopment authority that is completely inept. I have said this over and over again, and, you know, quite frankly I'm a little shocked and astonished, because we have a council …

Some will remember the story the JFP broke back in May about a lawsuit a student brought against Northwest Rankin High School after she was forced to attend a religious event at the school. Well, the student won in federal court, and Northwest Rankin has a brand new policy on keeping religion out of the school.

In his judgement against the school, Judge Carlton Reeves said the school violated the establishment clause of the first amendment when it made attendance mandatory at the April 10, 2013 program.

The school was also told to pay the legal fees of the student, totaling $15,000.

The American Humanist Association released this statement earlier today:

A judgment has been entered by a federal court in a case brought by the American Humanist Association’s Appignani Humanist Legal Center on behalf of a student at a Rankin County, Mississippi high school challenging the proselytizing religious assemblies it staged for students earlier this year. The lawsuit was filed April 24, 2013 in the United States District Court for the Southern District of Mississippi against administrators of Northwest Rankin High School in Flowood, MS and the county school district.

The judgment includes an admission of liability by the defendants that they violated the Establishment Clause, the provision of the Constitution that requires separation of church and state. It also requires the school district to comply with a new policy that prohibits future such violations and orders the defendants to pay the plaintiff’s attorneys’ fees.

“A lot has been accomplished and I’m pleased with the outcome of the suit,” said Magdalene “Gracie” Bedi, the student plaintiff in the case. “I'm grateful for the school's maturity throughout this ordeal and I look forward to graduating with them on a positive note. No one should have to question their rights in a public school and I think Northwest [Rankin High School] realizes this now.”

Before filing suit, a letter was sent asking school officials to stop the practice, where a student representative of the Pinelake Baptist Church spoke of finding “hope” in “Jesus Christ,” but the assemblies continued with school administrators insisting the assemblies were “student-led and organized.” According to students present, however, those who attempted to leave were prevented from doing so. At the end of the presentation, the speakers led the students in a Christian prayer. Videos captured by students can be found here and here.

“We are pleased that the school’s administrators have admitted that they violated the Constitution and agreed to continuing court oversight to prevent future violations,” said William Burgess, legal coordinator of the Appignani Humanist Legal Center. “There was clear evidence that these Christian assemblies were endorsed and organized by the school. To continue to deny a constitutional violation had taken place was untenable.”

The campaign to elect City Councilman Chokwe Lumumba as mayor announced several endorsements from key city leaders Friday morning in front of City Hall.

Among the endorsements Lumumba received were State Representatives Earl Banks and Jim Evans and District 5 Hinds County Supervisor Kenneth Stokes and his wife, Ward 3 City Councilwoman LaRita Cooper Stokes. Former mayoral candidate Regina Quinn, who endorsed Lumumba through a press release earlier this week, was there to back up her reasons for endorsing the one-term Ward 2 Councilman for mayor.

"I'm here to strongly endorse Chokwe Lumumba to be our next mayor," Quinn said, adding that she came to her decision after "serious thought." Quinn cited a past Clarion-Ledger story that revealed that women in Jackson were being paid, on average, 73 percent of their male counterparts were for the same job.

As she said in her press release, Quinn stated she thinks Lumumba is the only candidate who will take swift action to correct what she called a "sad situation" in terms of women's pay.

After Banks and Evans pledged their support for Lumumba, Kenneth Stokes, speaking on his behalf and for his wife, who was in Chicago on Friday, took an opportunity to defend his candidate against some of the attack ads launched by his opponent in the May 21 runoff, Jonathan Lee.

The ad shows Chokwe Lumumba making a speech on Feb. 13, 2009, at what looks like a book store, where the candidate talked openly about the police, religion and the Democratic Party. The ad uses Lumumba's own words to lead viewers to believe that Lumumba doesn't like police, isn't a "Barack Obama Democrat" and doesn't believe in the death and resurrection of Jesus Christ.

"(The accusations against Lumumba are) just nonsense coming out of evil people's mouths," Stokes said. "Chokwe has done more work with young people in this community, coaching basketball and mentoring them, showing them there's a better way to live. As Charles Tisdale would have said, Chokwe is a man among men. He's the type of leader who won't back down. This is Jack-town, and we need a man. I'll repeat it in case somebody didn't hear me - We need a man."

Lumumba has already said publicly that the clips from the video featured in the ad were taken out of context, that he has always supported the Jackson Police Department and that if voters watched the full video, they would see he wasn't implying what the ad infers.

Stokes finished his statement by saying he didn't intend to cuss, but that the Jackson Free Press "can kiss my ass!" He made this point with emphasis to a round of laughter from the assembled city leaders behind him. When asked after the press conference why he made the statement, Stokes said he said it because the JFP should have endorsed Lumumba, but did not elaborate more on the record. The Jackson Free Press has not endorsed a mayoral candidate for the runoff.

Lumumba concluded the …

You want to know why people are scared of Chokwe Lumumba? Here's a good place to start.

The headline that appears on a story that the WAPT web site (www.wapt.com) reads, "Lumumba wants to remove Christopher Columbus from history books."

The headline is misleading at best.

I was at the debate last Friday night when Lumumba made the comment that we need to stop teaching our children that Christopher Columbus discovered American in 1492. "Columbus didn't discover America. America wasn't lost, Columbus was," Lumumba is correctly quoted in the story as saying.

What the story doesn't do is put the quote in context. The way it reads, you'd think Lumumba was asked about education and launched into a Christopher Columbus hate-a-thon. He was asked how we can keep students from dropping out of Jackson Public Schools, and he answered that maybe if our black youth was learning a little bit more about black culture and roots, they might be a little more interested in school and have a little bit more self-worth.

Besides, Lumumba is right about Columbus and the wording "Columbus discovered America." You can't be the first person to discover something that someone else has already found. Native Americans lived here before Columbus sailed across the Atlantic Ocean; therefore, he cannot be the first man to "discover" America. Even if you don't believe that African people from the northern part of the continent crossed the Atlantic before Columbus—and some do—you can't deny that Christopher Columbus was not the first man to set foot in the Americas.

But the story on WAPT gets worse. It clumsily tries to explain Lumumba's beliefs, saying that he believes "people from northern Africa had been traveling to the North American continent years before Columbus did in 1492," and my personal favorite line of the story: "In fact, a Google search by 16 WAPT News shows the discovery of America is a widely disputed one."

Well, at least you did your homework.

Reached by phone Thursday afternoon, Lumumba said the headline and the idea that he wants to remove Columbus from the history books is "disappointing."

"I never said that. ... What I was really saying is that we need to add the people who came before ... . I just want the history books to accurately reflect that Columbus opened the Western Hemisphere to Europe," he said. "He did not discover it." Lumumba said he has used that line hundreds of times over the years, and said it was curious that it was just getting publicity now.

The bigger issue is that here we are, two days after Lumumba won the primary runoff, and this is the headline on local news stations. The divisiveness hit Twitter and Facebook as soon as the race was called. It hit comment sections on web sites of the JFP and Clarion-Ledger shortly thereafter. Now it is in a headline on WAPT. Where will it be in a month? A year?

For his part, Lumumba said he's …