The Mississippi Widlife Federation issued the following statement.
Today, the Mississippi Wildlife Federation (“MWF”) filed suit seeking damages and injunctive relief against multiple individuals and entities for unconstitutional retaliation against MWF for exercising its First Amendment right to political speech. The suit, which outlines a conspiracy to achieve the unconstitutional takeover of MWF’s annual trademarked Wildlife Extravaganza, and the denial of MWF’s access to public lands - paid for with
taxpayer funding - for scheduled events, was filed in the U.S. District Court for the Southern District of Mississippi.
Monetary and injunctive relief is being sought against: Sam Polles (individually and for injunctive relief in his official capacity as Executive Director of the Mississippi Department of Wildlife, Fisheries & Parks), Andy Gipson (individually and for injunctive relief in his official capacity as Executive Director/Chairman of the Mississippi State Fair Commission), Steve Hutton (former Executive Director of the State Fair Commission), Don Brazil, Jack Fisher, and the Foundation for Mississippi Wildlife, Fisheries, & Parks.
For 33 years, MWF has held its Extravaganza annually at the Mississippi Trade Mart during the first weekend of August as the unofficial kick-off to hunting season. The Extravaganza has been one of the organization’s largest sources of funding since MWF’s inception. However, based on its past stance in opposition to the Yazoo Pumps Project in the midst of 2019’s catastrophic flooding in the Mississippi Delta and the mistaken perception that MWF denied a booth to the #FinishthePumps coalition, its long-standing lease for the Trade Mart was taken away
and measures were put in place by state officials to ensure the MWF would not be able to hold its Extravaganza or other signature events again.
As outlined in the 44-page Complaint and accompanying documents obtained by public records requests, Defendants, through a series of secret meetings and calls held almost immediately after the 2019 Extravaganza, met and conspired to, and in fact, terminated MWF’s valid lease for the Trade Mart; awarded the lease to Defendant Foundation, a private organization that directly supports the Mississippi Department of Wildlife, under a new sham policy for facility rental with plans to host a competing wildlife and outdoor event that would piggyback and capitalize on the Federation’s longstanding show; added language to state lease agreements that would prevent the Federation from hosting a similar show; pulled funding, support, and donations to MWF; and denied MWF access to state-run and taxpayer funded properties for conducting its signature events. In addition, the Defendants conspired to contract with Extravaganza vendors to interfere with MWF’s business relationships, entice the vendors to join the Foundation’s new event, and damage MWF’s reputation. The complaint seeks monetary damages and injunctive relief.
The MWF’s stance on the Yazoo Pumps Project, as well as its position on any other environmental, conservation and regulatory flood control issues, is constitutionally protected free speech. Any attempt by government officials and co-conspirators to interfere with, prohibit and take over MWF’s private enterprise in retaliation for MWF’s stance on such matters of public concern is a violation of MWF’s First Amendment rights and an unlawful interference with contractual and business relationships.
“It is unfortunate that we have had to resort to litigation to address this situation,” says Ashlee Ellis Smith, MWF CEO. “But, individuals should not be able to abuse the governmental authority they have been given to punish private organizations, nor should they be able to prevent those organizations from exercising their First Amendment rights, especially when those individuals are motivated by politics and monetary gain. We are bringing this suit in the hopes that it will prevent the same or similar behavior toward ours and other private entities going forward.”
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The Mississippi Wildlife Federation was established in 1946 by a small group of sportsmen who believed that citizens could influence how our lands, wildlife, coasts, and rivers are managed. Today, the MWF is the largest network of conservationists in the state. We are comprised of individuals, businesses, and organizations committed to natural resource conservation, environmental quality, hunting, fishing, and other outdoor recreation in Mississippi. We are a
citizen’s organization, not a state or federal agency. MWF’s mission is to conserve Mississippi’s natural resources and protect our wildlife legacy.
Kingfish note: Let's dig through this lawsuit a little.
The controversy began a few weeks before the 2019 Mississippi Wildlife Federation Extravaganza. The event was first held in 1986 and is popular among hunters and fishermen in Mississippi. It is as popular among them as Mistletoe is among Jackson socialites.
Victoria Darden claimed on social media she was denied exhibit space because of her support for the pumps. Her allegations went viral and the boycott was on. One vendor after another announced it was pulling out of the Extravaganza. However, the Federation claims her claims were not true. The Federation opposed the project in the past but relented on July 24, 2019 when it said it would support the pumps if it didn't eliminate or degrade the wetlands. It was willing to participate in meetings to improve flood control in the Mississippi Delta. The Federation charged Ms. Darden didn't exactly tell the whole story (p.10):
26. Less than two weeks before the 2019 Extravaganza, a Mississippi resident named Victoria Darden applied for a booth at the event. Ms. Darden initially represented herself as a photography vendor from New Orleans, but when asked to submit the required vendor information, she revealed that her purpose was to secure a booth in order to promote the Finish the Pumps organization. It was further revealed that Ms. Darden and Finish the Pumps wished to coordinate a protest during the Extravaganza event.
27. Because Ms. Darden's application was submitted so close to the event weekend, there was a waiting list for booth space at the event. Ms. Darden was informed she would be placed on a waiting list; however, in an effort to accommodate Ms. Darden, the Federation began reaching out to other vendors to locate one that would be willing to share their booth space with the Finish the Pumps coalition during the Extravaganza. After a few days, the Federation learned that Mississippi Ag Equipment Company, a John Deere tractor dealership in Rolling Fork Mississippi, agreed to give a portion of its booth space to Ms. Darden. Ms. Darden and members of the Finish the Pumps organization did in fact attend the 2019 Extravaganza and their presence was peaceful.
The controversy was heavily covered by the media. Support for the Extravaganza shriveled and attendance was at a record low. The Federation accuses MDWFP Executive Director Sam Polles of moving quickly to take advantage of the Federation's misfortune to seize the Extravaganza for his agency.
The Federation claims Mr. Polles told it to change its position on the pumps and distance itself from the National Wildlife Federation. NWF opposed the pumps. MDWFP withdrew from the event and "the dam broke" as vendors followed the agency's withdrawal. The event still made a small profit and the Federation booked the event for the same weekend in 2020 as was the normal practice for over thirty years.
The complaint claims Commissioner Gipson, Director Polles, and Brazil held a meeting at the Department of Agriculture & Commerce on August 12, 2019. MDAC staff, promoters, and other people were present. No notice was given for the meeting. The Federation claims the meeting violated the Open Meetings Act.
Commissioner Gipson allegedly said the Federation's contract could be "challenged." Promoters said they could immediately write a check to reserve the Trade Mart for the first weekend in August. The promoters said they would give the money profits to five non-profit wildlife conservation organizations. (p.17-18) However, Director Polles had other ideas:
Defendant Polles gave this suggestion an adamant "No!" and stated that any extra money would be going to the Foundation, because, as Polles stated and believed, the suggested nonprofits already received more money from the Mississippi Department of Wildlife than they deserved. When asked whether Polles wanted the promoters to give the Foundation the whole $50,000 from the gate proceeds rather than all the other suggested conservation groups, Polles replied, "Yes."
5. Polles, using the terms "my" and "mine" as well as "I" and "we" when referring to the Foundation, stated that a percentage of the profits of the Extravaganza needed to go to support the Foundation, and that the promoters needed to decide how much money they would be willing to give to the Foundation, in terms of a percentage in the event the promoters were allowed to have the lease. When questioned regarding the type of
arrangement Polles and the Foundation wanted, Polles stated that the promoters must give the Foundation a percentage or they would not be awarded the opportunity to put on the new show.While discussing the logistics of the show, one of the promoters listed several reasons why the Federation has been successful in putting on the Extravaganza for many years, including the huge volunteer base that always came to work the past Extravaganzas. Polles responded that he had hundreds of employees on his payroll as well as armed security officers (e.g., game wardens) to handle the doors, and that "his people" would work the show and do anything he told them to....
Everyone present at the August 12, 2019 meeting was warned several times that none of what was taking place at the meeting could be leaked to the press or anyone else.Not everyone was crazy about the new direction for the Extravaganza. One promoter allegedly called Brazil to voice his concerns only to be told that if the promoters paid enough money, they would get the new show.
Another meeting was held on August 16. Director Polles announced the Foundation "secured the show." Then-Fair Commission Executive Director Steve Hutton said the new Extravaganza should pay protection fee of at least 30% to the Commission. The Group (Gipson, Polles, Hutton, and Brazil) eventually decided not to use promoters and instead hired Jack Fisher.
The skirmishing continued. The Foundation and Fair Commission signed three contracts for the use of the State Fairgrounds from July 31 to August 2, 2020. The contract stated the Commission would not "rent said facility to any other group promoting a similar show 45 days prior to event, or 30 days after." The complaint states no similar contract ever contained such language. The Federation accused the defendants of using this language to keep the Federation from hosting another show near it's traditional August weekend. The complaint states the Trade Mart is the only facility in Central Mississippi that is large enough to host the Extravaganza. Pimp Daddy Hutton informed the Federation the facilities were rented out to the Foundation for the traditional dates for the Extravaganza.
The complaint charges the defendants with one count of Section 1983 First Amendment Retaliation, Section 1983 conspiracy, tortious interference with contract, tortious interference with business relations, and civil conspiracy. The Federation asks the Court to order the Fair Commission to allow the Federation to use the Trade Mart during the "blackout dates." The Federation seeks compensatory and punitive damages.
The case is assigned to U.S. District Judge Henry Wingate. Attorneys Victor Welsh, III and Ann Chandler represent the Federation.
The complaint is posted below.
40 comments:
Polles is another Bill Walker.Cant wait to here All Hat Gibson’s deposition. Hope he lies under oath.
There is Nothing better than a Country Boy Catfight.
Steve Hutton’s name popped up again. Was he in charge of the entertainment procurement ??????
The Ag Commish is a media ham. He has been on TV more than the last 4-5 combined. It's gonna bite him in the buttocks one of these days.
Went to the Extravaganza one time. It was so crowded you couldn't get close to anything. I asked for my money back and got it.
One set of rich folks pretending to be country and "for the people," suing another set of rich folks pretending to be country and "for the people."
One group is among the richest of Mississippians, who have used GubMint for their self interest for 80 years, reaping tax cuts, Ag subsidies, timber welfare, and so on. The other is the same class, wealthy planters, who've reaped Big GubMint Farm Welfare, and created farmland out of swamp at taxpayer expense. The "pump" area was created by GubMint Farm Welfare, is maintained by GubMint subsidy, and now they want more money to maintain the Swamp. Literally a DC Created Swamp. Which makes their 3rd generation of swamp farmers rich, too.
Cry me a river, Richer Hicks folks.
I got sick of the Extravaganza when it became about rich boys getting richer, and not about hunting. It deserves to pass on.
Love to see the Rich bleating that their corporation's "free speech" has been abridged by the Big Ole Bad Ole GubMint that sends them checks, rain or shine, feast or famine, flood or drought, or even in the best of years.
Whining from the Heads We Win Tails You Lose "Country" Club set.
Go look at the farm subsidies database. It’s staggering how much some of these people get. Also interesting at how many people take farm subsidies that have never put a key in a tractor.
@928- You obviously don't know Jack about MWF and the extravaganza if you think they are RICH country clubers. There are more than 100 volunteers that have put on the show for decades and I doubt if you can find 2 that are members of a country club.You must have the MDWFP Foundation mixed up with MWF.
If someone built several streets around your home put promised and paid for the water the collects in the "bowl" to be built and never were, would you be upset or just cut your losses and move on?
I bet the MDWFP Foundation board members had NO idea what Brazil and Polles were doing. If they had, my guess is they wouldn't have let such an idiotic scheme potentially affect their "pay to play" support of the agency. Now all eyes are on them!
10:18 - there are abuses of farm subsidies just like all government programs. But if it were not for them you'd be paying $10 for a gallon of milk instead of $3.00 and $8.00 for a loaf of bread instead of $2.50.
11:36, MWF officers or influencers have included William VanDevender, who is one of the richest men in the state, off Timber (hey, I got a deal for you, psssst, said the wannabe timber barons, the rich laugh). Just for starts. Good Lord, look at the lists and run those names. The "first name" is usually "Dr."
VanDevender rented a 24 MILLION DOLLAR M.V. ESTATE, to OBAMA. For summer vacation. Think about that. Mr. GOP rents an estate, apparently a spare one, to the DEM POTUS, a hardcore liberal. But, they ain't all "rich," eh?
Just starting there, before delving into the millionaires on the board and in their presidency, past and present, are you REALLY trying to pretend that a 100 useful middle class "volunteers" offset the wealth of the MWF ruling class there??? Just, laughable, son. Just, absurd. The officers could PAY folks a high wage to work it. They DON'T, just like their Mexican farmhands aren't highly paid. The rich are just "bundlers" for volunteers like they are for both Establishment parties in the Swamp.
Just ROFL.
And, do we want to track the MDWFP Foundation "influencers" and their Big Ag connections? Want to put some of their names out there and link their Farm Corporations, landowner group connections, club memberships, fraternities, beach houses, properties, and the EWG subsidy database and try to assert THEY are not as rich???
Those Delta Landowners, high fence hunters, frat boys, knee deep in the Farm Subsidy Database, just for fun.
Here's a suggestion, take the name of just ONE pump complainant, say, and look up Farm Subsidies. Look up the name of ONE complainant to the New York Times, and run that family name.
Results come back with, just a single name, up to 180,000,000 dollars for up to TEN Farm Corporations in Government subsidies, over time.
The ones hollering on both sides get 1 or 5 or 10 million dollars a year in GubMint Farm or Timber Welfare, or tax credits, or tax expenditures. Every year. Socialism for the Already Rich. You can't lose.
Tell me THEY aren't rich, and I might bust a stitch laughing at that.
@12:52
You seem to have some kind of dull axe to grind.
For the rest of y’all ignoring that blather-
Imagine you’re asked to volunteer and serve on a nonprofit’s board of directors . And that nonprofit hosts an event annually that a lot of folks enjoy. And someone decides that all of those people that put on that show are bad, and dox and harass the board members and few paid employees of that nonprofit. And an orchestrated effort is made by those in political positions to intimidate vendors, sponsors, and volunteers in order to destroy that event and take it over for their benefit.
Would that be wrong?
I was one of those longtime volunteers, and my name doesn’t start with a Dr., by the way.
I think the allegation of "Polles, using the terms 'my' and 'mine'" pretty well sums up the general attitude at MDWFP.
Looks like old White Hat Andy and the Wildlife Boss Hogg are fixing to cause a fairgrounds rumble at the Mississippi taxpayers expense. Sure they’ll get a photo op in there somewhere.
I don't really care who wins this legal fight.
But I do miss the Wildlife Extravaganza.
One year . . . I had the pleasure of casting a line into the (double wide) sized aquarium.
A big ass catfish actually swallowed my bait, then "spit it out".
However, I still had fun that afternoon.
12:52 - you seem to have MWF confused with Wildlife Mississippi. Billy Vandevender was president of Wildlife Mississippi's board. Look it up. He has never been a board member or past president for MWF according to their website. Two totally different groups with different objectives. Wildlife MS buys land and holds easement, MWF does not. MWF was known as the "liberal" group which is probably why Crazy Andy went after them, and Wildlife Mississippi the (rich) republican group. - Posting as an NGO staffer who has worked with all the groups. As always there are good and bad people in all of these places.
Speaking of being doxxed, after VanDevender sent that letter to Washington, the people of the South Delta Spoke and boycotted his wife's Onward Store. Sure, it may not hurt them, and it was probably losing money as is, but the people spoke. Just like the people spoke on the extravaganza.
KF, didn't post my earlier comment, but the MDWFP is all about money, land deals, and more money. They have bought some prime pieces of property yet some aren't able to hunt it. Suspiciously a piece of land they had their eyes on for years and couldn't make a deal, finally closed after the MDWFP shot hundreds of deer in the name of CWD testing and back to back flooding decimated the population in the area. The deer will be back, and the land prices will come back up. Conveniently they were down when they bought the land.
12:52, high fence hunters? You mean like the tractor dealer who sat on the commission and pushed high fences and feeding down our throats who also owns a high fence operation?
"Small Government" Republicans at work, stealing the hard work of the MWF.
Both are political organizations. The only difference is the MDWFP controls a thousand nice jobs with good retirement. The MWF is simply a wannabe force in gaming and wishes it had control of rules and laws.
Neither has done jack-shit for Delta Flooding which ought to be a priority. One of them (guess which) is all about power, politics, rewarding cronies, hosting the politically powerful and naming sections of land after outgoing governors and their own leadership.
Both ought to be abolished and MDWFP rolled into some other agency as they're way too big for their (camo) britches.
9:27 - This ain't got shit to do with the Ag Commissioner.
@2:05–Most of the defendants are being sued individually and will have to bear the cost themselves . Hope WHA and WBH have some money saved up.I wonder if the Foundation will pay for Brazil’s legal fees or throw him under the bus to protect their image.
@12:52 -Most of the present and past directors that had Dr. as their first name are wildlife biologist And scientists. Mr. Van Devender has never been in any leadership position with MWF—so go back to practicing your quick draw and quit babbling about something you don't know about.
"build the pumps" is one of the oldest jokes in Mississippi going back to FDR days. They will never be built. The government could buy out every property in 3 counties for less than the cost of the pumps.
The MWF is who initially put the money up for and brokered the purchase of all the Anderson Tully land along with MDWFP. That purchase is now an enlarged Mahanna Management Area and The Phil Bryant Management Area. Anderson Tully had changed hands a couple times before that deal was done.
@4:28
Isn’t the Ag Commissioner Andy Gipson named in the lawsuit?
Managing
Deer and
Wetlands
For the
Politically-connected
2:58, no one said Vandevender was President of MWF. It said he was an influencer. He wrote a letter supporting MWF's position to the River Commission. It's documented. That's his right.
Yes, he's served as an officer with Wildlife Mississippi, but that's not part of this kindergarten catfight.
And on top of that, he's a pure political both sides against the middle type- he's recently contributed to MWFP Foundation as well. Per their 2019 family foundation 990.
Butters both sides, I guess.
As has been said, the issue to most of us is that this is just one group of rich guys fighting over an event on public property, at taxpayer expense. MWF folks take it personally, apparently, to a somewhat disturbing degree.
He's a Tater financier and GOP Establishment guy. He's opposed the Pumps, and then, he'll probably be for them, depending on which way the political wind blows. Just like renting to Obama. A weathervane of politics.
These "federations" and Foundations exist for bored trophy wives, frat boys, and rich guys interested in more tax breaks and GubMint checks. When, they don't really need them.
That's what makes the middle class puke.
I quit goin after they stopped giving out free dip. Just a buncha expensive vest wearers
@7;00pm—TNC ,The Nature Conservancy help broker the deal on the Phil Bryant Management Area not MWF. So much misinformation on this particular blog.Why don't you and some of these others that cant get their facts straight do a little research before popping off. Maybe you knew the answer all along and you are part of another misinformation campaign. Regardless Federal Judges don't make their decisions based on erroneous blog comments.
Yazoo Pumps explained: The wealthy Delta farmers want the rest of the US to pay for a giant pumping station to enable them to plant more beans and cotton.
I guess the deer hunters who have hunting camps that flood are also supporting the push.
8:03. You summed it up in one sentence. When you decide to clear and farm land that has a history of flooding you should know the odds.
Are we overlooking the fact that Vandevender, the chief opponent of the Delta Pump Project, was Tater's primary campaign donations guru during Tater's recent and prior campaigns.
His wife, a former Miss Mississippi, owned Onward Store (Teddy Roosevelt) but closed it a week after Vandevender's now famous letters to every government official - the letters opposing the pumps. He's wealthy in his own right and wants to make a duck hunting mecca out of the Delta. He was Archie's roommate at Ole Miss. He's got more money at hand than all Delta farmers combined.
Farmers don't have time to attend a Wildlife Expo. They're working.
I know for a fact how corrupt the MSDWP & state politicians are in the capital area. My company was blocked year after year from having a spring outdoor show in March. 5-6 years we tried to rent the trademart and coliseum and were told every time it’s booked. We had a customer reach out to then Guv Phil Bryant to help. Bryant called me and loved the idea he said. He then sent Glen McCollough to call me which he did. He liked the idea. He then put Craig Ray-Executive Director of Tourism in charge. Ray attended our event with another and loved it.
All this time there fairgrounds website calendar showed the venue was available by the way.
After several follow up phone calls I met with Craig at a distinguished local restaurant for lunch. The meeting was scheduled for 11:15 am. After an hour and 15 minutes later and several phone calls he shows up. This is a Friday and he’s was wearing a MS Department if Tourism logo shirt. He was pilled out and drunk. He ordered two Chardonnay’s on my dime!
Now this is where he starts by saying he’s the best fundraiser in the state and he can get me what I desire. I had no idea what he was talking about. Some tell me that’s code for kickbacks. We concluded the meeting and next step was for me & one of the above mentioned promoters to meet them for a meeting in which we would be sitting with the Guv to finalize paperwork to rent the venue for a spring event.
Meeting day: No Guv. CR and the same other guy that came to our venue walk in and from lett field CR states how can I help you boys. It was like he had amnesia. I was floored with disbelief as to why he was acting this way. We leave with no clear understanding of what just happened.
Over the next couple days we made phone calls to him and he said Jamie Laird over the fairgrounds who is in charge of renting the facility said no availability. This was the same individual that had blocked me for years. I pushed back and asked CR to call then MS AG Commissioner CHS to see what’s the issue cause calendar and common knowledge says the venue isn’t rented. He calls back and says CHS called Jamie and he says it’s full and that’s it.
So after voicing my concerns and talking to key individuals I find out that we have been and would continue to be blocked. I suspect and was told that Polles was getting to the fairgrounds folks and to the Guv to block us from having an event. Using the good ol boy network to further his agenda. Question is why? It’s discrimination all the way around no matter how you slice it. And now this. I say good for MWF and I hope Karma gets all these bad apples out of the basket for good. We shouldn’t have this type of cronyism in our beloved state.
The fine folks that work under Polles at MSDWP deserve a better ethical person to led them in the future. Did y’all know Polles is the only state Executive Director that’s not an “AT Will” position appointed by the Governor? He’s the most corrupt individual in the state!
Vandevender is also a land baron & in the timber business and bought the old mill recently. Continued prolonged flooding like we have see will kill the big oaks in that part of the delta. Delta National, Delta Wildlife, Panther Swamp and other large tracts of hardwoods will eventually die and need to be cut to salvage some value off the land and then the land will be up for sale for pennies on the dollar with people tired of it. Mighty convenient.
I fail to understand what Billy Vandevender has to do with this story at all. He has nothing to do with MWF, or Gipson or Polles as far as I can tell. Someone on this thread sure seems to have it out for him! Maybe that needs it’s own story.
10/28 @ 10:48 - You obviously never took 'Dot Connecting 101'. Therein lies the root of your ignorance.
The latest on the lawsuit:
https://www.casemine.com/judgement/us/6155769b8619330b0a715d27
https://www.leagle.com/decision/infdco20210929701
Dr. Sam Polles, Executive Director of the MS Dept. of Wildlife, Fisheries, and Parks for 29 years has retired effective 2/1/2202. The lawsuit continues. Discovery ends at the end of February 2022.
Discovery has ended. Motion to exempt state officials from discovery failed in federal court.
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