Jackson Free Press

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.”

Jackson Mayor Chokwe Lumumba is attempting to end his representation of another client, Reggae star Buju Banton, in Tampa, Fla.

The withdrawal comes on the heels of the news from Oktibbeha County, where Lumumba last week relinquished his role in the murder case against Archie Quinn, which was scheduled to begin Monday. Lumumba first filed a motion with the court saying his duties as mayor were too burdensome to continue his representation of Mr. Quinn, but that request was denied by the court. He then raised health concerns, according to an account in the Starkville Daily News.

According to the Tampa Bay Times, Banton, born Mark Myrie, is serving a 10-year prison sentence for helping set up a deal to buy and sell 11 pounds of cocaine.

Lumumba had already won Banton the dismissal of a gun charge and left one juror facing a misconduct charge for researching the case during trial.

Lumumba and Imhotep Alkebu-lan, his recent appointment as special assistant to the city attorney, both filed a motion Wednesday in U.S. District Court to withdraw, stating that their new duties "will prevent them from representing him in future proceedings."

Those requests were referred to a magistrate judge.

The complaint filed in chancery court has been withdrawn and District 3 Judge Denise Owens ruled Thursday to allow the city of Jackson to issue bonds to pay for the $90 million sewer and water improvement project with the Siemens company.

According to Advanced Technology Business Solutions attorney Herbert Irvin, the company and its president Dan Hewitt withdrew its complaint, which accused Siemens of promising savings it couldn't possibly deliver, because it got a closer look at the deal.

"After looking at the contract and the details," Irvin said. "We saw the economic impact of the temporary and permanent jobs, and realized the positive economic impact the deal with have on the city."

The original complaint stated, "When the energy savings proposal was presented to the City Council of the City of Jackson, Mississippi, project representatives stated that the City of Jackson would realize an annual savings of approximately $8 million during the 15-year period of the loan. In reviewing the preliminary official statement for the bond transaction, we find that there will not be any appreciable, discernible savings generated by this project – only increased collections from these users of the water system due to more accurate metering."

Hewitt could not be reached for comment.

Democratic nominee for the mayor's office Chokwe Lumumba has filed a general election campaign finance report, which you can read here.

Councilman Lumumba has raised $71,614 since April 28, and spent $74,696 in that same period, leaving him with $15,333 in the tank headed into the June 4 general election against three independent candidates.

Year-to-date, Lumumba has raised $140,367 and spent $133,988.

Some of his biggest contributors on this report are Samuel L. Agnew of Baton Rouge, La. ($15,000), SJG Consultants Inc. of Greenville ($8,000), Winston Thompson III of Madison ($5,000) and a "G. Williams" of Ridgeland ($5,000).

The budget for Jonathan Lee's campaign to become next mayor of Jackson has officially topped $400,000 since the start of 2013.

In a report filed Tuesday, May 14, 2013, with the City Clerk's office, the treasurer for Jonathan Lee's political action committee "Friends of Jonathan Lee" says the Lee campaign raised $66,459 since April 11, putting his calendar year-to-date total at $401,019.12.

The report says Lee has also spent $372, 762.08 total, and $65,815.41 of it since April 11, 2013.

The report, which you can read here, shows that Lee received several large donations in the past month, including a $2,500 donation from Guy H. White of Ridgeland and a $2,000 donation from Emmerson Asset Management, LLC. He also received $1,000 donations from The District Land Development Company, Bennchmark Construction Corp., Fondren Place Apartments LLC, Integrated Management Services and private citizens Susan McNease of Jackson, Steven Speights of Jackson, Samuel Lane of Jackson and Deshun Martin of Jackson.

Lee's opponent in the May 21 runoff, Ward 2 Councilman Chokwe Lumumba, also filed his report on time (yay!). His report indicates that his campaign has just topped the $100,000-mark, year-to-date, with $31,957 of that coming after April 11, 2013.

Lumumba has received large contributions in the past month, including a $5,000 from Adekuule Adekuubi (trust me, we are digging trying to figure out who these people are), $2,000 from Burk-Kleinpeter Inc. (an engineering company out of Baton Rouge, La.), $1,500 from himself, $1,300 from New England Contractors LLC (a Jackson business) and $1,000 donations from Adam Shakoor of Detroit, Mich., Herbert Irvin of Jackson, Mississippi Boys Hoops Inc. of Jackson, attorney John Walker of Jackson, J&J Wholesale of Clinton and attorney Winston Thompson of Jackson.

Ward 4 City Council hopeful De'Keither Stamps also filed a report, which you can read here.

Stamps report says he received a total of $4,940 between April 28 and May 11, 2013, from himself, coffee roastery engineer Nikdra Ford and Honeysucker and Honeysucker Inc. He spent $1,931 at A2Z Printing, and split the rest of his spending between Wal Mart, Raceway, Spaceage Marketing and Printing and Poll Watchers. He reports $277 cash-on-hand.

See, it's not hard to follow the law.

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.

You knew we weren't going to make it through two days in a row without more sniping between Jackson's incumbent mayor Harvey Johnson, Jr. and challenger Jonathan Lee.

On Wednesday, the Lee campaign circulated an e-mail declaring Jonathan the "hands-down winner" of Tuesday's night's debate, then made these charges against the Mayor:

• During his first two terms The City of Jackson was investigated for mismanaging $519,000 worth of federally funded grants.

• In 2008 The City of Jackson was forced to "repay more than $294,000 on a grant because the grant was not spent in the required time period. Another $29,412 had to be repaid for the same period." (Clarion Ledger, January 28, 2008) Again, an investigation that came as a result of the mismanagement of federally funded grants during Mayor Johnson's first two terms.

• It's taken 10 years to even begin repairs on Fortification Street (the City received $6.3 million to make improvements to Fortification Street in 2002). The Fortification Street project began in July 2012--approximately 10 months before Election Day, May 7, 2013.

The second accusation against Johnson over the $294,000 left on the table is accurate, according to a story the Clarion Ledger's archive. The story is about the money mismanagement of the Frank Melton administration, but mentions that many of the problems that mayor had were systemic from the Johnson years. It was an error that happened under Johnson that cost the city the grant money.

The e-mail went on to say that Johnson received $13,750 in campaign contributions from a prominent law firm, which was in turn "awarded" $170,000 worth of work as a part of the Siemens deal with the city to repair water infrastructure and another, who gave $16,500 in 2009, was given $100,000 for work in the Siemens deal.

The JFP is in the process of trying to procure a copy of Johnson's campaign finance reports from 2009.

Johnson's campaign issued this response around 4 p.m. Thursday afternoon:

"It’s come to our attention that once again… Jonathan Lee is using deception and lies in an attempt to mislead the public. He recently released information about our record that is false and taken out of context.

"Instead of telling half truths about our campaign, Mr. Lee needs to focus on his own finances. The fact of the matter is Mr. Lee has had four default judgments entered against his business. And, he deliberately misled the public when he touted that he was a business owner. In fact, he mentioned it during his commercials, on his website, and through social media. The fact is, while he was in charge of his family business, Jonathan Lee ran it into the ground. Eventually, vendors had to file lawsuits, obtaining default judgments of more than $150,000, in order to recover the money that Mr. Lee’s company owed them. When the media found out about Mr. Lee’s mismanagement of his second generation company, Mr. Lee suddenly announced that he never …

In a week that can't get any better, not even an story on an endorsement can be lame.

The Jackson Police Officers Association announced yesterday their endorsement of mayoral candidate and former south Jackson business owner Jonathan Lee.

Lee was hailed by that group's president, Earnest Perry, as a "visionary" and "a strong leader with a willingness to work with local and state government."

Reached by phone on Monday, Perry backed up sentiment in the groups press release that the interview process was thorough, and that five candidates (Lee, Regina Quinn, Robert Amos, Chokwe Lumumba and Harvey Johnson, Jr.) were interviewed. He called Johnson's interview "intensive."

The problem is, Earnest Perry is not a police officer. He was a JPD detective until 2009, when then-chief Malcolm McMillan transferred him because he violated city policy regarding Fuelman, though no charges were ever filed against him.

In response to the JPOAs endorsement announcement Monday, the campaign to re-elect Harvey Johnson, Jr. released this statement minutes ago:

"Recently, our campaign, along with other candidates for mayor, was invited to meet with the Jackson Police Officer Association (JPOA). The meeting was presided over by a person who is no longer an active police officer and recently separated from the department. The tone of the meeting made me very uncomfortable, as it became clear that in order to receive an endorsement of my candidacy, I would have to specifically agree to change the command staff and management at JPD. It is not unreasonable to believe that the candidate for mayor that the group endorsed agreed to those demands. As Mayor and as a candidate for mayor I simply cannot permit the sound administration of JPD to become the product of a backroom political deal.

"JPOA is not the same organization I have known and recognized over the years. It is now comprised of less than 10% of JPD’s rank and file officers. A disproportionate number of the officers in this group, having been disciplined for various infractions, appear to be disgruntled with the more rigorous standards implemented by our command staff. The vast number of officers, however, are successfully meeting the challenges associated with a large paramilitary organization operating in an urban environment. This administration will continue to strive to make JPD the best law enforcement agency in the region by insuring that our officers are well trained, equipped, compensated, and likewise treated fairly in their work assignments."

On Monday, Perry described the group that did the interviews as "very diverse," and said it was made up of 10 panelists from various backgrounds, including a fire department union member, a city worker union member, a neighborhood watch president, and local businessmen and lawyers.

Lee did not immediately return phone calls Tuesday afternoon.

Jackson Mayor Harvey Johnson Jr. introduced two new pieces of technology designed to make the Jackson Police Department more efficient, transparent and accountable.

The first demonstration was technology that will allow the city to track city vehicles in real-time on an online map of the city. Johnson said they have already outfitted 50 city vehicles - including work trucks, police cars and heavy equipment - with trackers and are working out the bugs before they put the technology into all the vehicles.

The Mayor said that technology will make the vehicle operators more accountable, make the police department more efficient in their coverage and reduce the carbon footprint from vehicles in the city by helping them map out the most direct route to their destinations. That project has a $55,000 price tag.

The second piece of technology is an e-ticketing system that will allow traffic stops to easier and more efficient. The handheld devices, already issued to 37 officers, allow them to scan a drivers license using a card-swiper, and enter the information for the citation digitally. If he/she issues a ticket, it will be printed instead of hand-written, and the information will insert itself directly in the county or municipal clerk's office instead of having to be filed manually.

Those devices cost $3,300 per unit.

Mayor Johnson also gave out the COMSTAT trophy for the most-improved precinct to Precinct 1 (Jackson's south side), where crime has dropped nearly 30 percent in the past three months.

The JFP received this release from the mayor's office Wednesday afternoon:

South Jackson has dramatic decrease in property crimes

Recent Jackson Police Department statistics reveal that South Jackson’s Precinct 1 led the entire city in crime reduction for the first Quarter of 2013. The Precinct saw a 28.9% drop in overall crime. Property crime decreased by 28.2% and violent crime decreased by 32.5%.

Each quarter the Jackson Police Department recognizes the precinct with the greatest drop in overall crime. That precinct is then awarded the traveling COMSTAT Trophy.

For Precinct One to win the COMSTAT Trophy represents a “remarkable turnaround” said, Police Chief Rebecca Coleman.

She further stated, “This is a tribute to the hard work, dedication and perseverance of the police officers that are assigned to Precinct One. Working in conjunction with the citizens of South Jackson, and implementing several crime fighting strategies, we have seen great success. Commander Wallace of Precinct 1 and her staff are very deserving of this recognition.”

In recent years, Precinct 1 has routinely led the city in the number of House Burglaries committed. They have averaged as many as fifty a week. Beginning in 2009, Chief Coleman implemented strategies aimed towards reducing these numbers. These included the following:

• Increasing the number of beats from 8 – 10
• Re-assigning support personnel to patrol duty in areas most affected
• Using the D.A.R.T. Unit in these areas as much as possible

“The biggest impact we have seen has been in the individual beat officer’s response time, …

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.

The Committee to Elect Chokwe Lumumba, Jackson mayoral candidate Chokwe Lumumba's political action committee, shared its first campaign finance report with the Jackson Free Press this morning.

The report, which you can see here, was filed almost two full months late. But it is just the fourth report filed by the 14 candidates vying to be Jackson's next mayor. The others were filed by front-runners Jonathan Lee and Regina Quinn, as well as incumbent Harvey Johnson Jr.

Mr. Lumumba's campaign raised $22,141 in 2012, with $18,750 coming from major donors (gifts of over $250) and $3,391 coming from smaller donors. His biggest supporter is Jackson attorney Barry Wayne Howard of Jackson, who gave $10,000 to the PAC on May 14, 2012.

Other donors reaching or topping the $1,000 mark include Moore's Used Auto Sales, LLC on Gallatin Street ($1,000), Jackson attorney Winston J. Thompson ($1,200), Deerfield Pest Control, Inc. on West Mayes Street ($1,000), Jackson attorney Dennis Sweet III ($1,000), and Dr. Vonda Reeves-Darby ($1,000).

The campaign spent $19,026 and reported a total amount of cash-on-hand of $7,491 as of January 1, 2013.

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."

The campaign to elect Regina Quinn mayor of Jackson has sent over a copy of the campaign finance report it plans to file for 2012. You can read it here.

Quinn's biggest supporter is her husband John May Jr., who gave $25,966 over a six month period.

The report does not have the seal of Mississippi Secretary of State Delbert Hosemann, meaning the copy we received had not been filed when it was scanned and sent to us, but this is the first glimpse into the finances of the Quinn campaign to date.

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.