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June 14, 2016

Third Lawsuit, Fourth Legal Challenge Filed Against HB1523

By adreher

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.

June 6, 2016

John Oliver Starts Miss. Company; Buys and Forgives $15m in Medical Debt

By Todd Stauffer

In a segment highlighting how easy it is to buy up old medical debt and learn about the patients who have it, John Oliver on his show "Last Week Tonight" put together a shell company to do just that.

June 3, 2016

Pastors, Community Advocates File Third Legal Challenge to HB1523

By adreher

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 …

May 25, 2016

Did Wins Mean More Than Protecting Women at Baylor?

By bryanflynn

Scandals are nothing new in college sports, especially in football. It wouldn’t be shocking if every school in the country engaged in some sort of rule violation.

Schools in the Power Five conferences—ACC, Big 12, Big Ten, Pac 12 and SEC—are going to garner most of the spotlight for those violations. But in reality, not every scandal is equal.

Sure, it is a scandal if a kid asks for money to pay his mom’s rent and utility bills. That story will have legs and be discussed at length by the media, but besides the NCAA, do we really care that much that a kid got money while in college?

To the rival school, it means something, but in the grand scheme of things, it really isn’t that major.

The major story in college athletics is the way coaches, administrators and even school presidents turn a blind eye to sexual assaults.

The recent scandal at Baylor isn’t anything new. It just highlights, again, how schools try to sweep sexual assaults under the rug.

Right now the U.S. Department of Education is investigating 161 institutions for their handling of sexual-assault investigations. Baylor currently isn’t on that list, but you should expect that to change at some point.

It also makes one question if winning on the field is more important than the safety of women on campus.

ESPN has investigated and documented the Baylor scandal in great detail. Baylor looked the other way over sexual assaults from at least 2009 to 2015.

At the same time, the Bears were starting to turn things around on the field. In late 2007 Baylor hired Art Briles away from the University of Houston.

Baylor went 8-16 from 2008 to 2009 on the field but finished with a winning record of 7-6 in 2010. It was the first winning season for the Bears since 1995, and the team went to its first bowl game since 1994.

The Bears were the "feel good" story of college football during the 2011 season, as the team tied a then-school record for wins with 10, won a bowl game for the first time since 1992 and finished the season ranked for the first time since 1986.

Baylor quarterback Robert Griffin III became the first player from the university to win the Heisman Trophy.

To the outside world, this was one of the great turnaround stories in college football history.

Off the field was another story for Baylor.

The university failed to investigate sexual assault cases for two years from 2013 to 2015, a violation of Title IX federal law. Baylor didn’t even hire a full-time Title IX coordinator to comply with a federal directive until late 2014.

One glaring case involved two players, Tre’von Armstead and Myke Chatman, who were named in a Waco police department report involving sexual assault in April 2013. The university knew of the report, but …

May 13, 2016

The Laremy Tunsil Saga Drags for UM

By bryanflynn

It looks like it will be a long time before the Laremy Tunsil NFL Draft night saga will be over for the University of Mississippi. ESPN writers Mark Schlabach and Nicole Noren reported that the texts that showed up on Tunsil’s Instagram account did in fact happen last year.

The university is now trying to determine if someone altered the texts in any way before publishing them.

The texts in question are said to have occurred between February and April of last year and appear to show Tunsil asking UM Assistant Athletic Director John Miller for $305 for a utility bill and money for his mother’s rent.

Miller allegedly replied to Tunsil, “See Barney next week,” in what could be a reference to Barry Farrar, the Rebels’ assistant athletic director for high-school and junior-college relations.

The texts were just part of a horrible draft night for Tunsil. Minutes before the draft began, someone released a video on his Twitter account showing him smoking a bong attached to a gas mask.

That video caused Tunsil, thought to be a top-five pick, to tumble down the draft until the Miami Dolphins took him with the 13th overall selection. After being drafted, Tunsil admitted in a news conference that he did in fact ask for money, and the texts were real.

The NFL cut the draft-night news conference short after Tunsil admitted to the allegations. He has since declined to answer questions about the texts in two press conferences as a Dolphin.

In related news, attorneys for UM head coach Hugh Freeze have asked a judge not to have Freeze deposed for a civil suit that Tunsil’s stepfather filed against the young athlete. Lindsey Miller, the stepfather, is suing Tunsil for assault, defamation and intentional infliction of emotional distress.

The lawsuit came just two days before the first round of the draft. Court records indicate that Tunsil’s mother Desiree Polingo filed for divorce six days after Miller filed his lawsuit.

On the night in question, Tunsil claims he was protecting his mother after his stepfather yelled obscenities and pushed her onto a table and chair. Miller says the attack was unprovoked as he was trying to protect Tunsil from meeting with agents. Neither men are currently facing criminal charges.

Miller’s attorneys want to depose Freeze about a statement that he released after the incident and for the names of two men who were with Tunsil that night—a man named Zo from South Carolina and another unnamed agent.

ESPN’s Outside the Lines was able to get documents from the Regulation and Enforcement Division of the Office of the Secretary of State of Mississippi that show an agent was penalized for direct contact with a student-athlete and family member from a Mississippi school in late June of 2015.

The agent met with the student-athlete and his family without giving written notice to the University of Mississippi as state law requires. Outside …

April 29, 2016

Laremy Tunsil's Scandals Take Over First Round of the NFL Draft

By bryanflynn

Here's a quick rundown of what happened during the first round of the NFL Draft: The Los Angeles Rams made University of California quarterback Jared Goff the No. 1 overall pick, and the Philadelphia Eagles took Carson Wentz, a quarterback out of North Dakota State University, making him the No. 2 pick.

After Goff and Wentz went in the draft, all eyes fell on University of Mississippi offensive tackle Laremy Tunsil. In fact, it was a terrible night for Tunsil and got worse as the night went along.

Shortly before the draft started, a video on Tunsil’s Twitter account, which was hacked, showed someone who was wearing a gas mask. later confirmed to be Tunsil, taking hits from a bong. It didn’t take long for the video to go viral and for ESPN and NFL Network to begin discussing it and what it would mean for him.

Before the draft, Tunsil was considered to be one of the top players in the draft, and many thought he would be the first player to hear his name called. After the video got out, he began to fall down as reports came out that teams had taken Tunsil off their draft board.

Instead of being the first tackle picked, Tunsil watched as the Baltimore Ravens drafted Ronnie Stanley out the University of Notre Dame in the sixth pick, and the Tennessee Titans drafted Jack Conklin out of Michigan State University in the eighth pick.

The Miami Dolphins finally stopped Tunsil’s drop by taking him with the 13th pick. Tunsil was supposed to be a top-five pick, but he didn’t even go in the top 10.

The first reports said that the video of Tunsil was five years old, but then it changed to two years old. But it didn’t matter when the video was taken. The damage was done, and it cost him millions.

The top pick in the draft will sign for about $28.5 million, and the fifth will sign for about $24 million. Falling all the way down to the 13th pick means Tunsil will sign for about $13 million.

The video cost him $10 to $15 million in salary in his first contract.

But his bad night wasn’t over. After the Dolphins selected him, a post on his Instagram account showed the offensive tackle asking a coach for money.

That post came up during his first press conference.

A reporter asked a visibly sweating Tunsil about the conversation with his coach over money. At first he denied that it happened, but in a follow-up question, he said he did ask and took money.

The money reports said he did it to pay bills and rent. Tunsil already had to sit out games last season for the Rebels due to receiving improper benefits. The day before the draft, reports surfaced that his stepfather, Lindsey Miller, filed a lawsuit against the offensive tackle …

April 26, 2016

Prominent LGBT Attorney Gives State May 2 Deadline Before Lawsuit: HB1523 Raises 'Serious Concerns'

By adreher

New York-based attorney Roberta Kaplan, who litigated and won the case to end Mississippi's ban on same-sex marriage, sent a letter to Mississippi leaders regarding House Bill 1523 on Monday, Slate reported, saying she and her legal team at Paul, Weiss LLC had "serious concerns" about the bill violating a permanent injunction issued last July in the Campaign for Southern Equality v. Bryant case.

The letter states that "the July 2015 injunction requires that Mississippi, in accordance with the dictates of the United States Constitution, treat any gay or lesbian couple that seeks to marry the same as any straight couple that seeks to do so." The letter was addressed to Gov. Phil Bryant, Attorney General Jim Hood and Judy Moulder at the State Registrar for Vital Records. Kaplan asks that they ensure that the 2015 injunction is complied with and that those state officers provide them with:

  • notices for any individual who has filed recusal notices pursuant to HB 1523
  • a full and complete explanation of all steps that each individual seeking recusal (or any person acting on behalf of that individual, including in a supervisory capacity) will take to ensure that gay and lesbian couples are not impeded or delayed when seeking to marry in the relevant county
  • whether the individual seeking recusal intends to continue issuing marriage licenses to straight couples, while at the same time refusing to participate in issuing licenses to gay and lesbian couples

Kaplan also asks Mississippi leaders to "agree to provide us with this same information in connection with any clerks who seek to recuse themselves in the future within one week after such information becomes available."

In her letter, Kaplan sets a deadline of May 2, 2016, for state officers to comply with their request "either in whole or in part, so we can be in a position to evaluate whether we will need to seek further relief from the Court."

April 21, 2016

Music Icon Prince Has Died

By micah_smith

After reports of the death of singer, songwriter and multi-instrumentalist Prince began circulating earlier today, national news media sources swarmed to find the truth if there was any truth to the rumor. Sadly, the artist's publicist, Yvette Noel-Schure, has now confirmed to multiple sources, including CNN, that Prince had been found dead at his estate and studios in Chanhassen, Minn. He was 57 years old.

This news comes only a week after the music icon's plane made an emergency landing following a show in Atlanta. While many fans and news sites have speculated that his death resulted from a prolonged flu, police are currently investigating to confirm the cause.

Born Prince Rogers Nelson in Minneapolis in June 1958, the musician is known for his sexual lyrics and stage presence, as well as his blend of funk, rock, soul and R&B music elements. Over the years, he has won seven Grammy Awards for his music, including 1985's Album of the Year for "Purple Rain," which he had released the year prior in conjunction with a film of the same name. That album also won Prince an Academy Award for the best original song score in 1985. He was inducted into the Rock and Roll Hall of Fame in 2004.

While his final studio albums, 2015's "HITnRUN Phases One and Two," were not the chart-topping successes of his younger years, they did receive mostly positive reviews across the board.

Prince also has a more direct—and more curious—connection to the city of Jackson. Last August, a viewer asked WAPT to look into a mugshot of Prince that had been making the rounds on the Internet, and anchor Ryan Houston obliged.

The mugshot was, in fact, real, Houston reported, and came from the musician's arrest after a show at the Mississippi Coliseum in March 1980, when Prince had been opening for Rick James. While boarding a plane departing from Jackson, keyboardist Matthew "Dr. Fink" Fink, who played in Prince's band, The Revolution, told the late legend that he had seen a megaphone in the overhead compartment.

Prince allegedly suggested that he put it in his carry-on bag, and a woman aboard the plane alerted authorities, who then detained both Fink and Prince for questioning. Police chose not to file charges.

April 8, 2016

NCAA Lowers the Boom on Former USM Men's Basketball Coach Tyndall

By bryanflynn

The NCAA finally released penalties on the University of Southern Mississippi men’s basketball program and former coaches, including Donnie Tyndall, who are receiving the most severe penalties with the program.

Tyndall, who was given a 10-year show-cause penalty, earned the worst one. The show-cause penalty for him runs from April 8, 2016, to April 7, 2026. A show-cause penalty means the punishment for Tyndall follows him to any other NCAA school that hires him, unless the school hiring him can "show-cause” (prove a good reason) why it shouldn’t be penalized for hiring Tyndall.

Dave Bliss, former Baylor University men’s basketball coach, is the only other coach to be hit with a 10-year show-cause penalty. Here is why Bliss was hit with his punishment.

The NCAA Division I Committee on Infractions based the punishment on the fact that Tyndall acted unethically and failed to promote an atmosphere of compliance when he directed his staff to engage in academic misconduct. Tyndall was also accused of fabricating paperwork to justify payments to student-athletes.

The report from the NCAA says that Tyndall got members of his coaching staff to complete fake coursework for prospective players so they would be eligible to play as soon as they got on campus.

“The activity began within six weeks of the former head coach starting at the university, involved the majority of the former coach’s staff and involved approximately half of the prospects the university recruited during a two-year period,” the NCAA said in the report. “The former head coach directed two graduate assistants and a former assistant coach to travel to two-year colleges to complete coursework for prospects.”

Tyndall was also accused of paying players as well.

“One former high school coach mailed the money directly to the former head coach, who would then deliver the money to the student-athlete for university bills,” the report stated. It also said: “The former head coach also facilitated cash and prepaid credit card payments to two prospects from former coaches.”

While at USM from 2012 to 2014, Tyndall led the Golden Eagles to a 56-17 record and led the team to two NIT berths. While Tyndall was at Morehead State University in New York, the program was placed on two years probation due to activities by a booster.

Tyndall left USM for the University of Tennessee before the accusations of violations came out but was fired after the Volunteers administration found out the scope of his misdeeds. Currently Tyndall is an associate athletic director at NAIA school Tennessee Wesleyan College.

Direct from the NCAA report here is the penalties and corrective actions imposed by the panel which include:

A three-year probation period to run consecutive to the present probation period. The three-year period will begin on Jan. 30, 2017, and run through Jan. 29, 2020.

A two-year postseason ban for the men’s basketball team. The school will be credited for the self-imposed postseason bans during the 2014-15 and 2015-16 …

April 7, 2016

U.S. Rep. Bennie Thompson Asks U.S. AG Lynch to 'File Suit' Against Mississippi for HB1523

By adreher

Congressman Bennie G. Thompson (D-MS) wrote a letter to U.S. Attorney General Loretta Lynch, asking her to review the House Bill 1523, file a lawsuit against Mississippi and declare the bill unconstitutional, which Gov. Bryant signed into law on Tuesday. Below is the press release and the letter reproduced in full.

“Today, I sent a letter to United States Attorney General Loretta Lynch asking her to examine Mississippi House Bill No. 1523, the so-called “religious freedom” act, and file suit against the State of Mississippi for the overreaching, unconstitutional, and blatantly discriminatory piece of legislation.”

“The discriminatory bill that the governor signed into law yesterday places a dark cloud over the State of Mississippi and will harm the state in business, industry, academics and reputation. I implore the Attorney General and the Department of Justice to act swiftly on my request and work to make sure justice and equality prevail.”

Letter text below:

April 6, 2016

The Honorable Loretta E. Lynch Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001

Dear Attorney General Lynch:

On April 5, 2016, Governor Phil Bryant of the State of Mississippi signed into law the so-called “Protecting Freedom of Conscience from Government Discrimination Act.” This law purports to protect Mississippians from discrimination by government officials for practicing/observing their religious beliefs. A cursory review of MS House Bill No. 1523, reveals that this bill does no such thing: instead, it gives employers, business owners, and any other person or entity in Mississippi the explicit right to discriminate against anyone with a lifestyle they disagree with in the name of religion. Simply put, this is government-sanctioned discrimination.

Title VI of the Civil Rights Act of 1964 prevents discrimination by government agencies that receive federal funds. Here, an entire state has sanctioned discrimination against an entire LGBT population in MS. Moreover, Title VII of the Civil Rights Act prohibits discrimination against an individual because they are associated with a person of a particular race, color, religion, sex or national origin. There are countless other laws and regulations on the books that prevent discrimination in one way or another. MS House Bill No. 1523 clearly violates all of those laws. Therefore, I strongly urge DOJ to institute a lawsuit to declare MS House Bill No. 1523 unconstitutional and in violation of the United States Constitution and the previously identified and other civil rights statutes, regulations and executive orders.

A copy of MS House Bill 1523 is enclosed. Again, I strongly urge DOJ, as soon as possible, to file a law suit and take any other appropriate action against the State of Mississippi to strike down this discriminatory law. If you have any questions, please contact Trey Baker, Counsel in my Washington, D.C., office at 202-225-5876 or at [email protected]. I look forward to your response.

Sincerely,

Bennie G. Thompson Member of Congress

March 31, 2016

Women's National Team Fights Wage Discrimination

By bryanflynn

What if I told you that the 2015 Women’s World Cup Final on television drew more viewers than game six of the 2015 NBA Finals, game seven of the 2014 World Series and game six of the 2015 Stanley Cup Finals?

The U.S. Women’s National Team were ratings gold with 26.67 million viewers on Fox and Telemundo for the World Cup Final agianst Japan. That was bigger than the 2015 Final Four Kentucky v. Wisconsin game, the final round of the 2015 Masters, a Triple Crown winning horse (American Pharoah) in the Belmont Stakes and more.

In fact, only a few NFL and college games surpassed the 2015 Women’s World Cup Final. The USWNT v. Japan was the 26th-most watched sporting event in 2015.

While the USWNT is breaking television records for women’s sports, the team isn't cashing record-breaking checks for its work. FIFA awarded the USWNT $2 million for winning the 2015 Women’s World Cup. For winning the 2014 Men's World Cup,

FIFA awarded Germany $35 million, so the German men earned $33 million more for winning the same amount of games as the U.S. women.

Germany also got to play all of its World Cup games on grass, and the US women tried to fight to get their game switched from artificial turf. The women’s players ultimately pulled their lawsuit before the World Cup and played on artificial turf.

You would be wrong if you thought that the USWNT would make more for winning the World Cup than the USMNT did for getting knocked out of the Round of 16.

The USMNT earned $9 million for the 2014 World Cup, so the men didn’t even win their group, much less the whole damn tournament, and made $7 million more than the women.

Last year, the USWNT generated more than $20 million in revenue than the USMNT. Yet the women get paid $1,350 win, lose or draw on friendly matches, and the men get paid $5,000 even if they lose, and can make a maximum of $17,625 for friendly match wins against teams ranked in the top 10, and Mexico, who is the main rival to the US.

This wage gap has caused the USWNT and the U.S. Soccer Federation to go to court after the USSF filed a lawsuit to stop any potential strike from the USWNT before the 2016 Olympic Games in Rio de Janeiro, Brazil.

At issue is the USSF saying that both sides have an agreement until Dec. 31 of this year, but the USWNT says a memorandum of understanding that both sides signed in 2013 can be voided at any time. A court will have to sort out which team is right.

Five of the current stars for the USWNT, including Hope Solo, Alex Morgan and Carli Lloyd, have filed a wage-discrimination action against the USSF with the Equal Employment Opportunity Commission.

This is the right time for …

March 15, 2016

NAACP-MS Petitions Gov. Phil Bryant for 'Union Army Appreciation Month'

By toddstauffer

In the wake of Governor Bryant's declaration of Confederate Heritage Month, the NAACP of Mississippi has created a petition calling for "Union Army Appreciation Month."

February 23, 2016

All Flag Bills Die; House Speaker on State Flag: 'I have not wavered'

By adreher

House Speaker Philip Gunn released a statement defending his position on the state flag, after all filed bills to change the state flag referred to the House Rules Committee died today. No Senate or House flag bill made it out of committee by today's deadline.

Gunn's statement is below, verbatim:

"For anyone to suggest I have surrendered or backed up on my position of changing the flag is simply not true," said Speaker of the House Philip Gunn. "I have not wavered in my viewpoint that we need a different flag to represent Mississippi. I have spoken with many House members both individually and collectively and have tried to convince them to adopt my view."

“I have explored every option from taking legislative action to change the flag to adopting two official flags, but we cannot get a consensus on how to address the issue,” he continued. "I will continue to stand by my view that changing the flag is the right thing to do. The flag is going to change. We can deal with it now or leave for future generations to address. I believe our state needs to address it now. I am disappointed that nothing took shape this year, but I will continue this effort."

February 22, 2016

With Deadline Looming, 19 Flag Bills Are Stalled in Legislative Committee

By adreher

If [the state flag][1] is going to change, lawmakers from either the Senate or House Rules committee will have to pass a bill through in the next 24 hours.

February 16, 2016

Mississippi Solar Alerts Fans of Solar Power (and Energy Oversight) to Legislative "Power Grab"

By toddstauffer

Mississippi Solar LLC, a solar panel installation company, sent an "urgent alert" today to media and followers regarding House Bill 1139 and Senate Bill 2089 in the Mississippi legislature, which they say would gut the power of the Mississippi Public Service Commission, reverse recent moves toward net metering and widely deregulate the companies that offer electric power in Mississippi.

In one section of the House bill, the authority of the PSC to oversee rates set by these corporations (which have a monopoly granted by the states) appears to be completely overturned, as well as the ability of the PSC to regulate consumer benefits such as net metering and smart-grid investment:

A corporation * shall have the power to fix, adjust, charge, collect and pay reasonable rates for electric energy and other facilities, supplies, equipment, products, commodities, goods and services furnished by, offered by or furnished to the corporation. All rates of a corporation formed or operating under the provisions of this article shall be established by the corporation's board and shall not be regulated by the Mississippi Public Service Commission.

The commission also shall not regulate nor attempt to regulate corporations formed or operating under this article with respect to the subject matters of standards established by the federal Public Utility Regulatory Policies Act, including, but not limited to, those established at 16 USC Section 2621(d), and including, but not limited to, the following matters: cost of service; declining block, time-of-day, seasonal, and interruptible rates; load management techniques; integrated resource planning; conservation and demand management; energy efficiency; wholesale power purchases; net metering; fuel sources; fossil fuel generation efficiency; time-based metering and communications; interconnection for distributed generation; and smart grid investments and information.

The House bill was introduced by Republican Charles "Jim" Beckett, chair of the Public Utilities committee, whose 2015 campaign filings show nearly all of his campaign contributions were from corporations or PACs, many of which are subject to oversight from the PSC.

Rep. Beckett accepted $2000 from Entergy's PAC (and another $1000 in 2014), $1000 from Mississippi Power's PAC, $500 from the Electric Power Associations of Mississippi's PAC (pre-election in August); he also accepted money from Koch Companies Public Sector LLC, Cable PAC MCTA, Verizon and Comcast Corp., AT&T PAC, Chevron, North American Coal PAC, Atmos Energy Corp PAC and others.

Beckett began the year with $73,447 in the bank (including repaying a $10,000 loan on the same day he received it February of 2015, according to campaign filings) and ended it with $75,518, thanks in part to a post-victory $2500 donation from Electric Power Associations of Mississippi in December.

Seems they're already big fans.

[Note: The above was corrected; I originally thought the $10,000 repaid in February was loaned in the previous year. If you know of some clever political accounting reason to loan yourself money the same day you repay it, clue me in.]


Here's the text of Mississippi Solar LLC's

February 11, 2016

Second Jackson Airport 'Takeover' Bill Filed in House

By adreher

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.

February 10, 2016

Columbus, Miss., police file two different reports in shooting of Ricky Ball

By Donna Ladd

So, what's going on with Columbus police? The Guardian has a report that police there have filed two different police reports for killing of Ball, who was African American. The Guardian reports:

*Since 26-year-old Ricky Ball was shot and killed by police in October, the black community in Columbus, Mississippi, has grappled with questions that don’t have clear answers.

Why did police shoot Ball that night? Why did a string of police officials resign in the months that followed? And why did police claim Ball stole a gun from a police officer’s home only after his death? Attempts to obtain police documents about the case have raised a new question: why did police release two different versions of events from the shooting?

Documents obtained by the Guardian show police altered a document labeled “uniform incident report” in Ball’s death. An initial version published by the Commercial Dispatch said an officer “tased” Ball before he fled. A new version of the incident report released to the Guardian does not include any mention of Taser use.

“One of these two reports is not true,” said Philip Broadhead, director of the criminal appeals clinic at the University of Mississippi law school. Broadhead said he’s never seen an incident report altered the way the document was in this case. “For police officers to offer up this type of information in the form of an incident report as sworn law officers … It’s a violation of their oath.”*

Also, an officer fired for the shooting filed a federal lawsuit over his firing yesterday. Read more here.

February 4, 2016

UN Working Group That Came to Jackson Files Report on Racism, Discrimination, Xenophobia, Afrophobia

By R.L. Nave

The United Nations’ Working Group of Experts on People of African Descent visited Jackson in late January. Read a column by human-rights attorney Adofo Minka on the significance of their work. Here are the group's initial findings:

WASHINGTON D.C. (29 January 2016) - The Working Group of Experts on People of African Descent thanks the Government of United States of America for its invitation to visit the country, from 19-29 January 2016, and for its cooperation. This visit is a follow up to the 2010 visit of the WGEPAD and includes other cities. We thank in particular the Department of State for arranging the visit and the local authorities who met with the Working Group during our visit to Washington D.C., Baltimore, Jackson-Mississippi, Chicago and New York City. We would like to give special thanks to the hundreds of civil society representative organizations, lawyers and individuals from the African American community for sharing their concerns and recommendations with our delegation. We also thank numerous human rights defenders and activists who reached out to us from other parts of the country that we could not visit.

The Working Group regrets that it did not receive access according to the terms of reference for special procedure mandate holders to visit Mississippi State Penitentiary Parchman. It also regrets that it was not possible to meet with all of the high level state and local level authorities requested.

The views expressed in this statement are of a preliminary nature, our findings and recommendations will be presented in our mission report to the United Nations Human Rights Council in September 2016.

During the visit, the Working Group assessed the situation of African Americans and people of African descent and gathered information on the forms of racism, racial discrimination, xenophobia, Afrophobia and related intolerance that they face. We studied the official measures and mechanisms taken to prevent structural racial discrimination and protect victims of racism and hate crimes as well as responses to multiple forms of discrimination. The visit focused on both good practices and challenges faced in realising their human rights.

We welcome the work of the Civil Rights centers, in all Government departments, and the Equal Employment Opportunities Commission that implement the Civil Rights legislation through investigation of complaints, litigation, issuance of guidance and remedies including compensation.

We also acknowledge the work of the Department of Justice Civil Rights Division regarding access to justice, investigations of excessive use of force by the police and patterns of discrimination.

We welcome the recent steps taken by the Government to reform the criminal justice system and combat racial discrimination and disparities through the following initiatives:

  • The Fair Sentencing Act.
  • The Justice Department's "Smart on Crime" initiative.
  • The report and recommendations of the Task Force on 21st Century Policing to strengthen community-police relationships across the country.
  • The new Guidance for Federal Law Enforcement Agencies Regarding the Use of Race, Ethnicity, Gender, National Origin, Religion, Sexual Orientation, Or Gender Identity
  • The Guidance for consideration …

January 28, 2016

Airport Bill Touching Down Next Week

By adreher

Sen. Josh Harkins, R-Flowood, is touching up a bill that proposes to change the Jackson airport commission structure. Harkins told the Jackson Free Press he will likely file his bill on Monday or Tuesday next week, which will change who appoints and who qualifies to serve on the airport's governing body.

The current commission is made up of five members, all appointed by the Jackson mayor. Harkins' bill will require the commission to include members from Madison, Rankin and city of Jackson. Harkins is still working on the details, but he said it is important for some commissioners to have aviation and business experience.

Jackson-based legislators have vocalized their distaste for the proposed bill, as well as Jackson business leaders calling the bill an attempted "takeover." Harkins said the city of Jackson will not suffer financially from the plan.

January 21, 2016

Secretary of State Proposes Revisions to MS Election Laws

By adreher

Secretary of State Delbert Hosemann has announced several revisions to Mississippi election laws that will bring our code up to date with current elections procedures and technology. Some of the changes include tightening down campaign finance disclosure laws for political committees and moving Mississippi's presidential primary vote day to the first Tuesday in March. See full list of changes reproduced below from the Secretary of State's press release:

  • Modernized Criminal Penalties: consolidates all election crimes in Chapter 13, Title 97 of the Mississippi Code; updates penalties to match fines and sentences applied to other felonies and misdemeanors

  • Online Voter Registration: modernizes and streamlines Mississippi's voter registration system; brings Mississippi in line with over half the United States which allow for online registration; will allow US citizens who are Mississippi residents who possess a Mississippi driver's license or DPS issued identification card to register electronically; will help eliminate errors and reduce costs of paper registrations

  • Pre-Election Day Voting: creates a 21 day no excuse voting period for citizens to cast their ballot before election day; voting will be conducted only at the County Courthouse during the pre-election voting period; any registered voter may cast a final vote during the pre-election voting period; eliminates the need for in-person absentee voting

  • Financial Disclosures to Voters: moves deadline for political committees to file a statement of organization from 10 days after receiving or spending funds to 48 hours after spending or receiving funds; increases transparency by requiring filers to itemize payments made to credit card issuers, banks, or online payment portals; places sanctions on political committees that failed to make required filings with the Secretary of State

  • Presidential Primary: moves Mississippi's Presidential Preference Primary from the second Tuesday in March to the first Tuesday; will make Mississippi have a stronger voice in choosing the presidential nominees