Wednesday, November 20, 2024

Mayor Responds to 5th Circuit Ruling on Airport Takeover Lawsuit

 Jackson Mayor Chokwe Antar Lumumba issued the following statement. 

"Yesterday, the United States Court of Appeals for the Fifth Circuit entered an order which held that various members of the Legislature who played roles in passing Senate Bill 2162 (which would eliminate JMAA and the city’s role in appointing JMAA Commissioners) could continue to refuse to comply with subpoenas issued by JMAA commissioners in 2017. The Fifth Circuit ruled that those commissioners never had the right to pursue this litigation and dismissed their claims. The city was not part of that appeal and will continue to advance its claims under the state and federal constitutions that SB 2162 amounts to an unconstitutional takeover of the city’s authority to maintain and manage the airport.

The city will be seeking a clarification of the Fifth Circuit’s Order, as the order appears to instruct the District Court to dismiss the entire suit, which would overreach the Fifth Circuit’s authority. A bedrock principle of the law is that an appellate court only has authority to rule on the issues before it. Here, the only issue before the court was the legislators continuing efforts to avoid the subpoenas issued by the JMAA commissioners six years ago. The city continues to have viable claims under state and federal law, none of which were before the Fifth Circuit, and none of which should have been impacted by the court’s ruling. The City of Jackson intends to continue to advocate for the rights of its citizens and elected officials to manage its own property, including the Jackson–Medgar Wiley Evers International Airport." 

 

ADDITIONAL BACKGROUND:

The City of Jackson created the Jackson Municipal Airport Authority (“JMAA”) in 1960 to manage and operate the Jackson Airport. JMAA consists of five commissioners who are appointed by the City.

In 2016, the State Legislature passed a law (“SB 2162”) which would abolish JMAA and replace it with a new Authority consisting of nine commissioners, only two of whom would be appointed by the City. Jackson resident Jeffrey Stallworth filed suit to challenge the proposed law as unconstitutional. Soon after, the City, the Mayor, all members of the City Council, JMAA, the JMAA Board, and all JMAA Commissioners joined the suit.

            In 2017, the JMAA Defendants served subpoenas on various members of the Legislature who played roles in passing SB 2162. The subpoenas sought documents and communications involving those Legislators and the passage of SB 2162. The legislators refused to produce any of the information that had been subpoenaed. The United States District Court for the Southern District of Mississippi—where this lawsuit was filed—ruled that the legislators must respond to the subpoena. The legislators still refused to even produce a list of what documents and communications existed, and they appealed to the United States Court of Appeals for the Fifth Circuit.

            What has followed has been a seven-year fight by those legislators to hide whatever documents and communications they have. Earlier this year, the District Court reinstated its prior order requiring the legislators to comply with the subpoenas, and once again the legislators appealed the Order to the Fifth Circuit. Yesterday, the Fifth Circuit entered an order stating that the JMAA Commissioners did not have standing to enforce the subpoenas or even bring this lawsuit.

            The only issue that had been appealed to the Fifth Circuit was whether the legislators could continue to refuse to comply with the subpoena issued by the JMAA commissioners. The city was not involved in the appeal. The Fifth Circuit did not address the legal right of the legislators to continue to hide information which would be responsive to the subpoenas. Instead, it ruled that the JMAA commissioners did not have the right to ask or to have even joined this lawsuit. The Fifth Circuit sent the case back to the District court with instructions to dismiss the case.

            The Fifth Circuit’s instruction must be read as dismissing the claims of the JMAA commissioners in their individual capacities. The dismissal of those claims should not in any way impact the state and federal constitutional claims that have been raised by the city, the mayor, and the City Council. Those claims were not subject to this appeal and will continue to be litigated.

40 comments:

Anonymous said...

5th Circuit growing tired of COJ & Airport Authority less than well thought out legal reasoning for allowing reorganization of the airport board.

Anonymous said...

You lost Lumumba. And you're about to lose in Federal court personally. Go home.

Anonymous said...

Offer the mayor $50,000 and some boob money and he will drop it

Anonymous said...

Lumumba will be serving jail time when this is all resolved in favor of the State.

Anonymous said...

A couple of big shots from Detroit are coming down here to show the yokels what's what. That should go over well.

Anonymous said...

"The city continues to have viable claims under state and federal law" No you don't! Idiot!

"None of which were before the Fifth Circuit, and none of which should have been impacted by the court’s ruling" uhh, yes they were, and they kicked you in the ass and out of the door.

"Could continue to refuse to comply with subpoenas issued by JMAA commissioners in 2017" you have had your ass kicked on this several times. Loser!

"The city was not part of that appeal " Because the 5th Circuit kicked you off the case. Loser!

"The city will be seeking a clarification of the Fifth Circuit’s Order, as the order appears to instruct the District Court to dismiss the entire suit" yes, that is exactly what they said to do. Last I checked they make the decisions. Loser! Again.

Only Jackson and Thief Lamumba (Allegedly) know how to take an ass kicking like nobody else.

Senator from Rankin 5
Lying Lamumba 0

Scoreboard is a bitch isn't it.

Anonymous said...

They must be the Republik of New Afrika's "legal team." Right?

Anonymous said...

Will "The Wire" v2.0 be filmed in Jackson?

Anonymous said...

The perception of viable claims

Anonymous said...

The airport is a dump. Last time through, elevator was broken. Escalator was broken. Total joke. Jackson can’t provide water their it’s citizens. What makes you think it can run an airport?

Anonymous said...

Our airport could be so much more with leadership. It should be a win for all but Little chok doesn't want to lose any power. even if it would be better for taxpayers. That says it all

Anonymous said...

And the court said “NEXT!”

Anonymous said...

Only reason JXN wants control of airport is for the " free" trips to Paris for the airshow

Krusatyr said...

I used to fly to TX but now drive because Jxn airport is poorly organized and flights on American were canceled twice. Perhaps a more effective authority could result in more dependable service. Do they still run Lumumba propaganda non stop on the P A system?

Cha ching said...

No elevator? No escalator? That is ripe for an ADA complaint/suit.

Anonymous said...

The airport now has luggage carts for rent for $7. How much goes to Chowke?

Anonymous said...

@7:34, it's the land surrounding the airport to be used for development that each party wants, not just the trips.

Anonymous said...

The day to day operations of the airport won't improve under a state takeover, but at least you won't get the negative publicity from the Jackson haters no matter how bad the service gets.

Anonymous said...

foolish and insolent

Anonymous said...

"...it's the land surrounding the airport to be used for development that each party wants..."

Yeah. Development. Uh-huh.

The Lumumba Crime Family: "...there's these two hot-shot developers from Nashville...they aren't FBI..."

The Mississippi Department of Economic Horseshit: "Jeff Bezos and Elon Musk are planning Tyson-Paul 2 to fight to the death over who gets to move their world headquarters to Jackson! It'll bring $243 trillion dollars and 43 million new jobs to the Magnolia State! And all we'll have to make the winner Emperor of Mississippi for life, provide all the infrastructure, float bonds to cover 110% of the construction and moving costs, and never, ever assess them a penny of tax (they'll even get a solid gold card exempting them from taxes on their groceries). Both promised they won't come in our mouths, and the check's in the mail!"

Any serious developer or company that would have to actually invest its own cash into anything in Jackson: "Uh, thanks. No."

Anonymous said...

There's a reason why people drive to NOLA and catch flights from there. JXN airport is a complete shit box, and it shouldn't be that way yet here we are.

Madison county said...

That is one of the most annoying places in the USA, unless you enjoy hearing Lamumba’s taped message every 15 minutes.

Madison county said...

Does being in jail prevent the mayor from running the city of Jackson?

Anonymous said...

Some state takeovers have made sense (Capital Police, etc) but this one just seems like a land grab. There isn't anything objectively wrong with the airport.

Kingfish said...

Blame Harvey. He let four commissioner terms expire and didn't replace them. So when the elder Lumumba donned the purple, he immediately replaced them all in one day with luminaries such as Jeffrey Stallworth, a DJ, and a nurse. He also appointed Henley, who later ran off Newman.

They ran off the CEO, Van Der Leest, lost Southwest, and the service was not seen as the best. People forget the airport is an economic driver for an area larger than Jackson.

The Board's behavior has done nothing but justify the takeover. They ran off Carl Newman, a damn fine CEO and then his protege who was serving as interim. They appointed a CEO who had no background in aviation or airport management. He finally resigned this year and his replacement has been fine from what I understand. Then there were the crazy contracts, the contracts to friends. There was the bogus trip to Paris and other shenanigans.

Anonymous said...

It does not take away the land from the city of Jackson. That is the biggest myth about the issue. And obviously you do not fly.

Anonymous said...

Obviously, none of you critics actually use the airport. The elevator is working. One side of the escalator has been repaired and the airport is waiting for the other side to be repaired.
Those who think our airport is a "dump" don't travel much. I've just been to 3 airports in 3 states and Jackson's airport is far nicer in everyway! I love the renovations in our airport that I guess most of you haven't seen.
The service and efficiency is great and the minor inconveniences that are necessary during renovations, have been handled well. No airport employees are more helpful and pleasant than ours. Y'all are just Jackson haters. I was just downtown and am thrilled with all the renovations of buildings downtown on Capitol St and the houses along State Street and adjacent streets . I enjoyed driving around and see so many original buildings looking beautiful again.
I love that it's the most convenient of the airports in cities of comparable size. And, I love Jackson. Go actually LOOK at the streets being redone and the new activities in Fondren.
Jackson is a classic historic city and you will never put enough lipstick on Brandon or Flowood and certainly never Pearl to make them look other than cheap/tacky. And, those new roads to no where are a waste of money!

Anonymous said...

In cases of extreme incompetence that have made themselves known for the last 26 years, takeovers on every level are justified. Another one or two of what we are experiencing, most decent people will require intense mental support to function.

Anonymous said...

I flew in and out of JAN this week and was beyond relieved when I didn't hear a single taped message from Lumumba welcoming me to Jackson!! His name is still on the sign though..... for now :)

Anonymous said...

@11:19 AM Rukia, thanks for checking in.

Anonymous said...

If you count the door being stuck open and the lift stuck on the top floor of the garage then you win, the elevator is working. What about the sinks in the restroom MR world traveler? Working in your book despite the garbage bags over them and out of order sign? Why were cars stuck in the garage lot Saturday morning because none of the checkout lanes worked? Is this working? You have no clue.

Anonymous said...

I've just been to 3 airports in 3 states and Jackson's airport is far nicer in everyway!

Name the airports. You're anonymous, it should be easy.

I love that it's the most convenient of the airports in cities of comparable size

Name the cities. I doubt you will but give it a try.

PUT UP.

Wow said...

The Jackson airport could be so much more and I hope that it becomes a perk of living in Jackson with lots of great direct routes at low prices.

I'm not at 11:19's level of enthusiasm. I do fly out of there often, and if you do not mind a layover, the awesome benefit is showing up 40 minutes before your flight and still being at the gate before boarding has even started. It is small and time efficient and that is awesome.

Anonymous said...

1. With Southwest Airlines service the airport is solid.

2. Vast majority of passengers in modern times are split fairly equally between Hinds, Rankin and Madison Counties. Makes sense that oversight, and responsibility, would be shared.

Anonymous said...

It's been a few years since I traveled in or out of JAN. But, it has been my past experience that it's always been easy to get in and out of, and the people who work there always seemed to make every effort to be helpful in getting me to my destination.

That said, I wish JAN had direct flights to more places than just Chicago, Dallas, Houston, DC, Baltimore, Atlanta, and Orlando. Other than Disney World, it seems like JAN only caters to black cities.

Anonymous said...

I wonder if the big shots from Detroit want to do a Hotel deal while they are in town too....

Anonymous said...

11:19. No. The escalator was not working when I flew in the other day. The elevator in the parking garage was not working. One of the entry gates to the parking garage is perpetually closed. The place is a dump. I fly out about once a month. It’s a terrible, mismanaged airport. It’s a sh*thole, just like the City of Jackaon.

Anonymous said...

Clowns to the left of me
Jokers to the right..:

Anonymous said...

Check out the airport Yelp reviews from actual travelers using our airport. The airport is the first impression many have of our state and it’s an embarrassment. The bright side is if they are heading into Jackson, it prepares them for our dump of a capital city.

Anonymous said...

I flew last week and 11:19 is lying. The escalator was fully broken. All sides. Shockingly there were white men working on it. Someone should sue Chuck for that grievance.
It was so hot in the airport at 8am that multiple groups of out of state track teams were shedding clothes and complaining. (it was cooler on my return but the weather outside was too so who knows if the AC was working or not)
One chaperone tried to get food for a group of athletes and was told it would take an hour minimum. So they announced to all that they would wait til Atlanta to eat.
Stop making excuses for the abysmal leadership. You deserve better than the ass clowns in charge. You really do. That airport could be such an asset but here we are. Thanks Mayor.


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