The NAACP filed a Title VI complaint with the EPA's Office of Environmental Justice and External Civil Rights against the state of Mississippi on September 27. The complaint charges the state intentionally deprived Jackson of the money it needed to ensure its citizens had safe drinking water.
The NAACP represents several Jackson residents in the complaint. The plaintiffs are NAACP President Derrick Johnson, former Mayor Harvey Johnson, Frank Figgers, Gwendolyn Burt, Dr. Akemi Stout, Ed Sivak, Deidre Long, Charles Jones, and Jane Doe. The defendants (#6) are the Governor, DFA, Health Department, MDEQ, and the State Treasurer.
The plaintiffs claim the defendants engaged in "a long-standing pattern and practice of systematically depriving Jackson the funds it needs to operate and maintain its water facilities. State agencies did so by diverting federal funds meant for Jackson to majority-white communities while the legislature strangled Jackson, refusing its pleas for funding as the water/sewer system imploded.
The NAACP alleged numerous examples of state discrimination against Jackson:
* The federal government provided millions of dollars to the Health
Department's Drinking Water State Revolving Loan Fund yet the Health
Department only provided three loans to Jackson in 25 years. Similar
funds were provided to MDEQ for wasterwater systems yet Jackson received
a small percentage of the available funds.
* "The State has repeatedly interfered with Jackson’s access to tax revenue and repeatedly reduced or blocked funds from flowing to Jackson for its water facilities."
* The Legislature and Governor created a Commission to oversee spending of a special 1% sales tax. The legislation placed Jackson's elected officials in the minority.
* The State refused to give Jackson payments in lieu of tax revenue payments for state-owned properties.
* The complaint mentions the threat of lead in the water: " 46. Further, there are fundamental doubts about the sufficiency of testing for elevated levels of lead—a known developmental neurotoxin particularly affecting children and developing fetuses, as well as causing a range of other severe adverse health effects.
However, the EPA 2021 Emergency Administration Order and inspection report said the city did not create a lead service line replacement program or plan since 2016 as required by federal law.
* Governor Reeves vetoed (p.12) a bill that would allow Jackson to forgive noncollectable water bills and implement payment plans for customers. However, the complaint does not mention Governor Reeves signed a similar bill a year later.
* The Legislature rejected a 1% sales tax in 2021 to fund Jackson's water system repairs. The bill died in committee. However, several members of the Jackson delegation said they would not support the bill. Mississippi Today reported March 24, 2021:
Even had the bill passed the House, it faced a difficult road in the Senate. Hosemann, the Senate’s presiding officer, met privately on March 12 with four of the five state senators representing the city of Jackson. None of those senators — Democratic Sens. Sollie Norwood, Hillman Frazier, John Horhn and David Blount — told the lieutenant governor they supported the sales tax increase, according to several of the meeting’s attendees. Sen. Walter Michel, R-Ridgeland, could not attend the meeting but is said to oppose the sales tax increase.
“I am not in favor of (the 1-cent increase),” Horhn told Mississippi Today. “I think it will place too much of a burden on the city’s taxpayers. I believe it inhibits businesses from coming into the city. And it also hurts the efforts to retain and to expand businesses already here.”
Norwood told Mississippi Today he was “open-minded,” but that many of his constituents “have expressed disdain for (the sales tax increase), but I am still not done surveying it.”
Frazier told Mississippi Today he was still studying the possibility of the sales tax increase, “but I have not heard many positive comments about it from the folks in my district. They say it is regressive, and they already are paying an extra 1 cent for infrastructure.”
Several House members of the Jackson delegation made similar statements to this website at the time.
* Mayor Chokwe Antar Lumumba asked the Legislature for $47 million in emergency funding after the ice storm last year. The complaint states the State only provided $3 million of the request. Much has been made about this "fact" in the media. However, such accounts as well as the complaint don't mention Congressman Bennie Thompson nabbed $44 million of the request for Jackson in ARPA funding. The Legislature provided $3 million to make up the difference. In other words, Jackson got its $47 million.
* The Health Department caps loan forgiveness for loans at $500,000. The plaintiffs argue the artificial restriction is the same for big cities and small towns alike, thus discriminating against Jackson. MSDH also kept the maximum loan term at 30 years although Congress extended it to 40 years in 2018.
* "Most recently, the State required Jackson to deposit any additional funds it receives from a state pass-through grant program of American Rescue Plan Act (“ARPA”) funds for water and sewer projects, administered by the MSDEQ to accomplish wastewater and drinking water projects, “in the Capital City Water/Sewer Projects Fund of the State Treasury.”⁵⁸ No other jurisdiction is required to turn over its grant funds to the State, and the Act establishing this requirement does not specify under what circumstances Jackson will be able to access any funds that it might receive from this grant program."
The complaint complains state agencies and hospitals built their own wells, depriving Jackson of water revenue.
The plaintiffs ask the EPA to investigate the State's alleged "discriminatory actions and issue a formal notice of non-compliance." The complaint also seeks restitution for citizens of Jackson and "further enforcement" by the Justice Department.
The EPA created the Office of Environmental Justice and External Civil Rights on September 24.
Kingfish note: Missed by everyone was the signature page. Attorney Carol Browner represents the plaintiffs as does NAACP General Counsel Jannette Wallace. Ms. Browner served eight years as EPA Administrator during the Clinton Administration and three years as President Obama's "Climate Tsar." The NAACP submitted the complaint the same day EPA Administrator Michael Regan visited Jackson. Just a coincidence.
46 comments:
NAACP has become nearly irreverent with young blacks. I’m so sick of this crap… I am white and live in northeast Jackson and I’m fed up with this garbage. They’re representing Ed Sivak? He’s a white liberal moron. Just curious why doesn’t the state send the NAACP a bill for the aid they gave us
EPA's Office of Environmental Justice and External Civil Rights
The fact that this even exists tells us why we are doomed to fail.
I would expect nothing less from Harvey Johnson. He had his chance, now he wants the courts to do what he neglected to do.
What a load of horse shit!!!
The irony of the EPA using their “environmental social justice” arm against the State of Mississippi for allegedly being racists and denying drinking water to Jackson, must have Ross Barnett laughing hysterically in his grave!
Better sue hizzoner for depriving the system of water bill payments through noncollection too.
This thing called Jackson
this may be the best thing to happen in this whole mess.
the COJ total incompetence will be laid out in court.
If the state was truly negligent it will come out as well.
Don't think for a second that democrat officials at the federal level won't pile on to this effort against white republican Mississippi leadership. It has nothing to do with the law or the truth. Its simply about making state leadership look bad.
And of course, the Phil Bryant scandal with TANF money makes it all the more believable to gullible people outside the state.
The irony of the NAACP representing Harvey Johnson and not filing against him is not lost on me.
Court?
Four consecutive democrat mayors in a maintenance-neglected Jackson, like a sandbox full of spoiled brats, were told they had to have adult supervised diaper changes because of their history of refusing to become proficient in the use of a toilet to prevent accidents.
The four rotted the city's infrastructure into ruin through their own neglect and mismanagement so now have nought but stained stinky britches full of shit to show for it.
Is this about all the sewage the City purposely spilled into the Pearl?
This won’t go to court. The State of Mississippi will be told to pay up and the NAACP will shake the State down. This has been the NAACP’s primary focus since it was created by a W.E.B. duBois, a few aristocratic white Socialists, and a dozen NY lawyers, 100 years ago.
Yes, Kingfish, you are correct, court. If the state can find a semi competent attorney, discovery should be a hoot. I can't wait.
When a couple of generations of Americans have been raised and indoctrinated to view everything through a lens of "race", then all they ever see is racism.
Ideologically, it is impossible for such people to attempt to find the actual root cause of a problem and place the blame where it belongs, which in this case is a couple of decades of mismanagement of Jackson's water system by JACKSON city officials.
Former mayor Harvey Johnson should be the main DEFENDANT, not a plaintiff!! He’s the person most to blame for the lack of funding for Jackson’s water department!! His Siemens scheme still has the entire billing system in disarray, years later!!
Lumumba should be a defendant as well for squandering the entire $90 million Siemens settlement! That money should’ve been used to replace water meters that should generate revenue for the system! But that money is GONE! Jokeway should resign or go to prison!!
But isn't this an administrative law process? Does the state get discovery or does it only get discovery if it appeals a ruling to federal court?
The NAACP sees injustice everywhere it looks-
Agreed @10:05 AM. I seem to remember a news story from several years ago that someone in Harvey's administration simply forgot to fill out the paperwork for a ma$$ive federal grant that would have gone directly to COJ infrastructure improvements (i.e. water & sewer). Does anybody else remember that?
NAACP and the Black Congressional Caucus. Both really are irrelevant and just foster continued racism with no true plan to bring anyone together. Imagine the outcry if whites had similar programs in place.
Harvey defined laziness.
Just a coincidence.
All choreographed including Rukia's recent sparsely attended made-for-TV rally downtown. Just another variant of the shakedown dance.
Mayor Laughingstock is never going to get another penny of appropriation that isn't supervised and tightly controlled. Horhn, Norwood, et al know how to count votes and understand that the strings are a mandatory prerequisite in order to secure any dinero.
Now how did that highly touted $200 million continuing resolution money Bennie was going to score (with only Antard's paper napkin plan in hand) turn out?
Why should I as. MS taxpayer have to pay for citizens who never paid their own water bill? Most of us struggle to pay our own utilities! I believe the rest of the tax payers should file a Class Action Suit for forcing excess taxes both state & federal when Mayors chose not to collect fees! Perhaps these Mayor can for go their salary to make up the shortage! R there any attorneys willing to counter file on behalf if the indigent persons who cannot afford this while most donated water we can not afford,
It's not the NAACP or the Black Caucus or the City of Jackson or whoever. It's the current state of legal affairs in the entire country. Why not sue? There's millions of dollars involved and a defendant with a history of discrimination and corruption. Who knows what might happen. Siemens gave up 90 million and the lawyers got 60 mil for doing almost nothing. Why not sue? Getting the right judge is very possible. Jackson's odds are not so bad. Why not sue?
Kingfish; Who do you suggest will issue a 'ruling' if this does NOT go to court?
Citizens in Canton a couple of years ago requested that the Sheriff do some regular patrolling of a certain apartment complex where violence, unlawful activity and disturbances of the peace were ongoing, according to complaints.
The sheriff responded by doing just that.
The original complainers contacted the NAACP to say the Sheriff was harassing they people.
The NAACP got all energized and filed certain court papers.
The sheriff wrote a check and promised to ease up.
This is the only reason this group of yahoos exists.
Now Lynn Fitch will have to find another State Attorney General to handle the response.
When will people realize that tax revenue does not get used for enterprise fund projects, such as water and sewer? So even if the State did pay a Fee In Lieu, it wouldn't (or should I say shouldn't) go toward a water or sewer project.
The State of Mississippi uses Community Development Block Grants (CDBG) from HUD to make grants to governmental entities for projects that serve at least 51% low-to-moderate income residents. These funds are administered by MDA. Most governmental entities use these funds for water and sewer projects. The State only received just under $13M for FY 2022 for these projects. That doesn't go far when you spread it out over the rest of the State. The City of Jackson receives a DIRECT ALLOCATION from HUD for these funds, which raises the question of what are they using those HUD funds for?
With the revolving loan funds that Health Department and MDEQ have, how many times has Jackson applied for those funds and been turned down? They are not going to come knock on the door at City Hall and say here is a loan. The City has to approach them with a good project that can prove it can be paid back.
It was the ACLU and the insurance company forced the settlement. Plaintiff was a damn drug dealer who had an active lawsuit against the apartment complex for not being safe at the same time he sued the Sheriff.
LOL ! This was so predictable. It's what they do and Chokwe will be re-elected with 70% of the vote.
Time for the State to go on offense. Pass legislation to allow municipalities to declare BK and start proceedings to declare Jackson insolvent. Also, sue the COJ for lead poisoning of state employees.
The state, on a combined basis, is probably one of Jackson’s biggest customers. Why don’t we see how far we can push the state until they say f it and move to another county? There’s no law against that. Jackson already drove out so many businesses, let’s go for the big fish.
Wow, that is some thank you for fixing the water plant.
Why not file suit? This is not about the NAACP, the Black Caucus, the City of Jackson, the mayor, or whoever. It's about the state of litigation and legal hustling that dominates this country. Why not sue? The city got 90 million from Siemens, the lawyers got 30 million of that. It's about lawyers getting paid. Why not sue? Get the right judge and roll the dice. Why not? You have a defendant with a history of discrimination and corruption, that's the perception of the State of Mississippi. Odds are in Jackson's favor, and the lawyers get paid big time. Why not.
Post this one KF
It is becoming apparent that the marxist mayor is very litigious. How many lawsuits is the radical mayor involved in? Once again, how much has/will these lawsuits cost the city of Jackson, especially if/when the litigious mayor loses.
Is making lawyers rich, destroying the infrastructure, running businesses from the Jackson area, harming the city's good name with contractors, and the list goes on, all the liberal mayor good for? He is nothing but a troublemaker.
This if filled with out right lies. So the national Democrats are coming to the aid of a local Democrat to fight the State which is Republican. November can not come too soon. Going to war with the State is not a good move for the City.
Doesn’t this open a Discovery opportunity that exposes all of Jackson’s malfeasance with regard to this water fiasco? It just seems to me that Jackson wouldn’t want to go there because evidence will show past administrations in a very negative light up to and to include possible criminal activity?
Kingfish at 12:44 - You probably intended to, but you didn't refute a damned thing I said. Point is, rather than engage in an expensive, yet winnable court case, a settlement was reached. That should not happen when a bunch of ne'er do wells sues the state.
Perhaps if the state, as does city hall, promises to hire nobody but black folk for the next twenty years, agree to minority contracting and hand out Project Manager Pickup Trucks to black men for ten years....CASE SETTLED.
This isn’t litigation nor is it filing a lawsuit, this is a complaint and request for investigation of violations of the Civil Rights Act of 1964. The decision to dismiss or go forward, what to investigate, how to gain compliance, etc will all be decided by the Deputy Civil Rights Officers, EPA Office of Justice, etc. There’s a 50 page doc that explains how the EPA has to handle investigations and subsequent findings. So, no - there’s not shared discovery or such. If the decision is made to investigate the complaint, the State of Mississippi gets investigated. There may be offers made for reconciliation, it can go to mediation, and so on if they decide that MS did violate compliance. A compliance plan is designed with a period of monitoring. There is some DOJ involvement, mainly to enforce if MS doesn’t comply. Or, the EPA can dismiss the complaint without investigating. Or they can dismiss it after investigating. Guilty until proven innocent basically.
The complaint about hospitals having their own wells is laughable. Imagine the hospitals having to rely on the city of Jackson for potable, safe drinking water and a reliable source of safe water for hospital functioning. The city would have enough money to run the system if they actually were collecting water bills from the 1/3 of the customers who don’t pay because of bad management. The city cannot manage the zoo, the water system, the street maintenance, or the police department. Why wouldn’t the state want control of the millions of dollars that the city will mismanage otherwise? If I were a citizen of Jackson, black or white, I would want some actual oversight of the spending. Would anyone trust the mayor to actually spend the money properly after his garbage debacle and the failure to have a competently managed water plant? By now even the city counsel doesn’t trust him.
Let the federal government close down in December. Hell, the Federal Government is 31 trillion dollars in debt anyway! Right. Right.
Jackson's last 3 Mayors have shown a total incompetence to server the Public's best Interest.. Jackson had a Water-Sewer Billing System until Harvey Johnson had a Better Idea.. Skipping Melton who catered to the wrong side of Life, skipping the Sr Luwomba- let's discuss Jr. Totally incompetent, totally unconnected- No telling what he's gonna cost Ja son, Ms in his total Incompetence trying to be Somebody..
I wasn't refuting you, I was correcting you. It was the ACLU who sued, not the NAACP as you stated.
Huh. The same woman who was murdered in Des Moines last year is now a plaintiff in this lawsuit. What are the odds?
Former Mayor Harvey Johnson being a plaintiff in this suit is hilarious. Mayor Johnson is partly to blame for the water infrastructure of Jackson being in the shape it is in. Taxpayer funds were given to the former administrations to maintain, repair and improve Jackson's infrastructure and only some of such funds for those purposes. The question is what was done with the funds that were not put into the infrastructure. Keep it real!
"Plaintiff was a damn drug dealer who had an active lawsuit against the apartment complex.."
If he has NOT been convicted of dealing drugs, I hope he comes after your ass and you finally get what's coming to you.
You obviously cut classes those days when libel and slander were covered.
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