Highlights:
- History of Case - The Editorial - Court Ambush - Clarksdale Wants to Call it QuitsThe city of Clarksdale wants to take its ball and go home after suffering national embarrassment last week.
Offended by a Clarksdale Press Register editorial, the city got Hinds County Chancellor Crystal Wise Martin to remove the editorial from the newspaper's website. The city claimed the editorial was defamatory. The decision was reported by the national media and often lampooned.
History of Case
The story began when the Clarksdale Board of Ealdormen and Mayor Chuck Espy voted for a resolution supporting local and private tax legislation at a special meeting on February 4. Notice of the meeting was posted on the courthouse door as required by law. The complaint claims the meeting was streamed live on the "Mayor's public Facebook page." However, the complaint is in error because the meeting was live-streamed on the city's Facebook page.
The Register published an editorial accusing the city of acting in "secrecy" and "deception." The editorial opens "Your Clarksdale Press Register will be the first to say that a sin tax that would pay police to fight crime is a good idea." The city approved a resolution asking the Legislature to give it permission to implement a two-cent tax on alcohol, medical marijuana, and tobacco. Who could be against taxing the drinkers, smokers, and tokers? The editorial states "This newspaper was never notified. We know of no other media organization that was notified." The complaint claims the city clerk "forgot" to email a notice of the meeting to Mr. Ingram as she customarily does even though the law requires she do so. Section 25-41-13 (1)(b) of the Mississippi Code states:a notice of a called special meeting shall be posted to the public body's website, if the public body has a website and has the capability to update the website, not less than one (1) hour before the meeting. A copy of this notice shall be transmitted via email or facsimile not less than one (1) hour before the meeting to any citizen and any publication, broadcast and digital media with a general circulation or coverage within the public body's jurisdiction, that has submitted in writing its interest to receive these notices.The meeting was held at noon on February 4. Mr. Ingram appeared at the City Clerk's office and obtained the agenda and resolution a couple of hours later.
Aggrieved, Clarksdale sued the newspaper, its owner, and Register Editor Floyd Ingram in Hinds County Chancery Court on February 14. Happy Valentine's Day. Emmerich Newspapers owns Delta Press Publishing Company d/b/a the Clarksdale Press Register.
A sentence in the middle of the editorial drew the ire of the city Solons: "Have commissioners or the mayor gotten kickback from the community? Until Tuesday, we had not heard of any. Maybe they just want a few nights in Jackson to lobby for this idea - at public expense."
Mr. Emmerich told this correspondent kickback can mean illegal payoffs but the editorial meant it as "pushback." He cited the second definition as published by Miriam Webster:
1: A return of part of a sum received often because of confidential agreement or coercion.
2. A sharp, violent reaction.
The rest of the editorial continued in this vein:
As with all legislation, the devil is in the details and how legislation often morphs into something else that benefits somebody else.
An idea that sought to pay police higher wages for the toughest job in any community is admirable. But the way the resolution sought by the city of Clarksdale is now written gives us pause for concern.
The money- our money - can now be spent to "support and promote public safety, crime prevention, and continued economic growth in the city."
Does that mean the fire department, 911, chamber of commerce and their pet projects?
Does that promotion mean giving away candy at Halloween, toy giveaways at Christmas, and hosting evens where politicians can hand out goody bags to voters (KF: or backpacks and school supplies to kids)?
The Court Ambush
The petition for a temporary restraining order took strong exception to the editorial:
Ingram respectively published in the newspaper and posted as free content to online properties owned by CPR an article with the title ""EDITORIAL: SECRECY, DECEPTION ERODE PUBLIC TRUST."" In the article Mr. Ingram stated Clarksdale failed ""to go to the public with details"" about the idea of the proposed legislation. Within the context of his title, Mr. Ingram also strongly stated or implied the reason he did not receive notice to the February 4, 2025 meeting was because the Board and its members received ""kick-back,"" ""just want a few nights in Jackson to lobby for this idea - at public expense,"" give ""away candy at Halloween, toy giveaways at Christmas and hosting events where politicians can hand out goody bags to voters,"" and made the community ""suspicious."" His statements could be reasonably understood as declaring or implying that the "deceptive" reason he was not given notice of the meeting is provable through someone in the community willing to reveal promises made by Board members in exchange for votes or in the process of time.
The city claims the editorial "hindered" its efforts to lobby for the legislation at the Capitol while calling it "libelous." The complaint omitted the second part of the "kickback quote that stated "from the community."
Mayor Espy asked the Chancellor to issue a temporary restraining order that removed the article from its website and print publications as well as "any other relief" such as "monetary damages" and attorney's fees.
Although attorney Melvin Miller, II represented Clarksdale, attorney Ed Blackmon, the Canton Consigliere, showed up in court to represent the city. The case was assigned to Chancellor Martin.
The Chancellor granted the petition in an order that will go down in infamy:
Ingram respectively published in the newspaper and posted as free content to online properties owned by CPR an article with the title ""EDITORIAL: SECRECY, DECEPTION ERODE PUBLIC TRUST."" In the article Mr. Ingram stated Clarksdale failed ""to go to the public with details"" about the idea of the proposed legislation. Within the context of his title, Mr. Ingram also strongly stated or implied the reason he did not receive notice to the February 4, 2025 meeting was because the Board and its members received ""kick-back,"" ""just want a few nights in Jackson to lobby for this idea - at public expense,"" give ""away candy at Halloween, toy giveaways at Christmas and hosting events where politicians can hand out goody bags to voters,"" and made the community ""suspicious."" His statements could be reasonably understood as declaring or implying that the ""deceptive"" reason he was not given notice of the meeting is provable through someone in the community willing to reveal promises made by Board members in exchange for votes or in the process of time.
Although service of process was issued on February 14, Mr. Emmerich said he was not served with a copy of the petition, nearly a week after the hearing was held and 10 days after the petition was filed.
No notice of the February 18 hearing appeared in the docket nor did anyone appear to represent the defendants as they did not know about the petition.
Such is allowed for TRO's. However, the Chancellor must hold another hearing within 10 days of the issuance of the TRO so the other party can present its case. Rule 65(b) of the Mississippi Rules of Chancery Practice states a TRO
shall expire by its terms within such time after entry, not to exceed ten days
Judge Martin scheduled a hearing for a preliminary injunction at 9:30 AM on February 27.
COMES NOW, Petitioner, the City of Clarksdale, Mississippi (""Clarksdale""), by and through counsel, and files this Notice, pursuant to Mississippi Rule of Civil Procedure 41(a)(1), to voluntarily dismiss the Petition in Hinds County Chancery Court, First Judicial District, Cause No. 25CH1:25- cv-00152M/4 with prejudice as no responsive pleading has been filed and no adverse appearance has been entered. The Petitioner further states that the Order Granting Temporary Restraining Order and Setting Hearing for Preliminary Injunction (TRO) is rendered moot hereby and would move the Court to enter any further Order to dismiss the TRO with prejudice.
Mr. Emmerich said he offered to add clarifying language that stated "kickback" meant pushback from the community and did not mean the Mayor or Ealdormen did anything illegal. However, Mr. Ingram threatened to resign if he did so the offer was withdrawn. That did not stop the Mayor from crowing at a Board meeting yesterday that the city accepted Emmerich's offer. Video. Mr. Emmerich said the unedited and unclarified editorial is going back up when the order expires.
22 comments:
Espy, Blackmon, and Martin should all be bitch slapped.
Stupid is as stupid does...obviously the constitution is not something some are aware of.
Talk is cheap Wyatt. The truly ballsy thing to do would have been to ignore the TRO.
Are Mike and Chuck kin?
Clarksdale frequently exhibits poor judgment. Is Carlos the Clown still a municipal judge there?
It's shame that the leadership of Clarksdale attempted to bully a member of the press who wished to expose potential corruption. Where have we seen that sort of behavior before?
It looks a lot like a cripple kid fight to me.
What was that insane bill the younger Blackmon dropped two weeks ago? Is the whole family posing as lawyers when, in reality, they're circus clowns?
Thoughts and prayers for the fools at Clarksdale that got their butts whipped for their stupidity and can't sit down.
So we have a 1st Amendment or not?
Bennie put Chuck up to this I imagine…
Now that we know the rest of the story, it looks like this was an old-fashioned pissing contest, after the city tried to pull a fast one without providing statutory notice of the hearing.
The city attorney came out looking especially-bad, in my opinion.
Clarksdale is a wasteland
So the whole thing never happened? Good luck with that Judge
Wise-Martin.
Clarksdale is LOST.
A basic tenet of libel is that governments cannot be defamed. Evidently the (less than) Honorable Crystal Martin - even with her support team of leagl assistance, Ed Blackmon and Mike Espy - don't give a damn about the concept and legal precedents, or are too damn ignorant to care.
The dropping of the case maybe occurred after someone decided that the court has been embarressed enough by now and they should tuck their tails and run. Good move for most - the only one who will have to live with this stupidity is the Hinds County Chancellor, who carried the Blackmon/Espy water.
The most amusing part is everyone who acted like retards from a super sensitive demographic who will call you racist for even hinting that they act like retards.
Excellent breakdown.
12:55 leave Bennie out of this. He has a bigger fight!
I just went back and looked at the petition. Sure enough, it was brought in the name of the city, rather than any specific public officials.
This is a pitiful hill for at least two attorneys to die on. Nothing they ever say in court again will be taken at face value.
Espy ... the only name folks need to hear.
@11:17 #47 doesn't it exists.
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