Saturday, April 6, 2024

Fifth Circuit Rules Against JMAA In Airport Takeover Fight.... Again

The Jackson Municipal Airport Authority and city of Jackson struck out yet again at the Fifth Circuit Court of Appeals when the Court dismissed an appeal of a discovery order as "moot" since the JMAA Commissioners who are the plaintiffs in the case are no longer Commissioners.  Does no Commissioner mean no plaintiff? 

The Mississippi legislature passed SB #2162 in 2016. The bill abolished the Board of Commissioners appointed by the city of Jackson. It expanded the Board from five to nine members. The city of Jackson would appoint two members of the new Board while state officials, Rankin County, and Madison County appoint the other Commissioners.

Former JMAA Commissioner Reverend Jeffrey Stallworth sued that same year in U.S. District Court to stop the state takeover. The JMAA Board of Commissioners and the city of Jackson sued to intervened in the lawsuit. The Court later dismissed Stallworth from the lawsuit.

The zombie lawsuit lives on in federal court.  JMAA subpoenaed several legislators who participated in drafting the bill.  U.S. District Judge Carlton Reeves ordered the legislators to answer JMAA's discovery requests. The Solons of the Capitol appealed to the Fifth Circuit.  

The Fifth Circuit Court of Appeals pointed out (in what was undoubtedly a strong hint to Judge Reeves that he wrap things up): 

This litigation has been ongoing for almost eight years, has come before this court three times, and has now seen four oral arguments. The district court should act forthwith to determine whether, given that all of the commissioners’ claims are moot, it may nonetheless exercise jurisdiction over the case.

The Commissioners who are the plaintiffs in the lawsuit are no longer server on the Board.  The Court held: 

However, none of the original five commissioners that originally intervened in this lawsuit are still in office. The same goes for two additional commissioners that were added in plaintiffs’ Amended Complaint. As of today, none of the Jackson Municipal Airport Authority’s current commissioners are parties to or intervenors in this lawsuit. Neither party disputes this.

Jackson Mayor Chokwe Antar Lumumba said the ruling was no big deal: 

The Fifth Circuit’s decision did not resolve any issue adversely to the city," said Jackson Mayor Chokwe Antar Lumumba. "All it did was dismiss the appeal on a procedural ground, and send the case back to the district court without deciding anything. Once the case is back in district court, the city will resume litigating the case along with the other plaintiffs. Today’s ruling ultimately changes nothing.
 The Mayor may not want to be so nonchalant about the ruling as the Fifth Circuit has provided some very strong clues as to what it really thinks of this lawsuit.  

The Fifth Circuit held in a 2019 appeal in the lawsuit: 

That Jackson “has been singled out by [S.B.] 2162” does not establish that a legally protected interest of the individual plaintiffs has been violated. Cities are creatures of states, and though their authority to do so is not un-limited, states may, under some circumstances, treat different cities differently. That the State of Mississippi has enacted a different method for the appointment of certain municipal airport commissioners and not others does not mean that plaintiffs, as residents and taxpayers of Jackson, have suffered a concrete and particularized, actual and imminent injury to interests protected by the Equal Protection Clause.

The Court repeated this nugget of jurisprudence in the NAACP's lawsuit to stop the creation of the CCID Court: 

A mere political subdivision, Jackson is but "a subordinate unit of govern­ment created by the State to carry out delegated governmental functions," with "no privileges or immunities under the federal constitution which it may invoke in opposition to the will of its creator." Ysura v. Pocatello Educ. Ass )n, 555 U.S. 353, 363(2009) 

Judge Reeves set a status conference for April 19.  



34 comments:

Anonymous said...


Reeves likes the airport as it is and will so rule.
This is “our” airport.

Anonymous said...

Limumba et al. can't stop catching L's.

Anonymous said...

Standing: It's a fundamental concept!

Anonymous said...

A city that can’t provide basic services like water and reliable trash pickup has no business running the states largest airport

Anonymous said...

Eight years of billing into some City of Jackson Lawyer's pocket. Even if the bills are small, not a bad never ending profit line for someone.

What did the Mayor really say about this? To me (Not a lawyer) it sounds like he said more money will be spent.

A funny old story for those who have made it this far. I remember when that old Commission flew to Paris, France to have a look at the Paris Airport and attend a couple of meetings. If my memory is correct, it took them about a week in Paris to do that. All of this was done on the Taxpayers money. So, what did they learn in Paris? "Them Frenchies talk funny!"

Anonymous said...

Eight years. I believe this is a great example as to why the water bill needed to pass now....basically to get all the shit through the court before Henifin leaves. But what do I know. I dont be as smart as dem legislators.....

Anonymous said...

This airport is a joke.

Half the escalators and elevators don’t work.

The employees have bad attitudes.

One day I had flown back in town. Outside was a shack set up in the taxi line frying fish, like a tailgate.

The airport’s “leadership” is a joke.

Anonymous said...

And to add to the bumf*ckery at the airport, there are those who failed at being mall cops riding around in Airplane Police vehicles pretending to be actual law enforcement sitting with blue lights on at the round-a-bout in PEARL on Old Brandon Rd. Some even riding up and down on the new Parkway Road.

Anonymous said...

Does this mean the end of first class junkets to Paris to study bordellos, err, airports?

Anonymous said...

A couple of years ago I flew back to Jackson from the Greenville-Spartanburg Airport, and the contrast couldn't have been more stark - the beautiful, efficient, and recently renovated GSP and the tired, run down JAN.

We were herded downstairs to the dank, depressing baggage claim area where the wait for our bags was interminable. The place, which obviously hadn't been upgraded since the 1970s, looked and smelled like a prison - concrete block walls painted a battleship grey, the door to the men's room propped open emitting the stench of an overflowing toilet, and to cap it all off, the recorded dulcet tones of Mayor Chokwe Antar Lumumba, welcoming one and all to the City of Jackson in his best sophomore speech class voice. It was awful, and I knew I was back in Jackson, and no damn foolin'.

Anonymous said...

This surely won't improve the piss poor attitudes of the airport entitled employees.

Chuck Yeager said...

@ April 6, 2024 at 11:14 AM - They spent a week in Paris, aligned with the Paris Air Show, allegedly on a new business development junket. Bus Dev is not part of their charter, the Paris Air Show is primarily for the aircraft industry -- not airline/airport business, and the show is only open to the public for one day. Oh...and, they never shared the list of new leads that they supposedly collected while cold-calling at the event.

Saltwaterpappy said...

After 3 appeals, I suggest that the defendants in the case begin to seek sanctions against the plaintiffs for their pursuit of a frivolous lawsuit. That might help clear the air.

Anonymous said...

Quit comparing Jackson's airport to Dallas or New Orleans. You think a little too highly of the Jackson metro area. Jackson's airport compares favorably to Monroe, Shreveport, Mobile and Baton Rouge. In fact JAN is much better than BTR.

Anonymous said...

Cities are creatures of states. I like that. So, the state can come take over Strawberry Park in Madison. Or they can take that nice zoo in Hattiesburg. Free of charge. Just take it.

Funny, the state doesn't want to take the roads and bridges in Jackson. Nor the library system. Nor the water system. They just want to take the last functioning thing in Jackson. Why not just dissolve Jackson and take the whole thing?

Anonymous said...

I got no problem with this IF the state pays Jackson for the airport that Jackson built and paid for. It is city property. Just call an appraiser and get it done.

Anonymous said...

Third world state, third world airport.

Anonymous said...

Dear Fifth Circuit:

Check your records to see if you have reversed a district judge 4 times in the same damn case. Done that before?

Carlton Reeves, 0-3, working on 0-4.

Anonymous said...

Jackson didn't build crap. They were simply the sponsor of the grants for Allen C. Thompson Field. And back then they weren't a wad of morons and thieves.

Anonymous said...

If I'm understanding this correctly, the state isn't "taking" away the airport from the city. They're simply making it's governance more regional in nature. Which makes perfect sense considering how many people from Madison, Rankin and nearby counties use it. Why shouldn't the people who actually use it have a voice in how it's managed? I seriously doubt very many Jacksonians have the disposable income for flying.

Anonymous said...

If I can finagle a position on the new board is a trip to Paris out of the question?

Anonymous said...

Nothing says welcome to Mississippi like arriving at the well-oiled machine that is JAN. Then you ride through Jackson on I-55 or 20 and get to see the real handiwork of years of failed leadership.

Anonymous said...

Those who keeping posting that the airport is a joke and say that it is in poor condition are making that up. They also don't fly into and out of other airports to make any comparison.
It is far better than many in larger cities. It's better than those in cities of a comparable size.
You cannot support more shops and restaurants in a market this small if they are comparing it to oh...Atlanta.
I am impressed with the renovations that have been done and the escalators were working fine. The staff has always been excellent and helpful. The bags come out promptly and haven't been damaged like in other airports I've experienced where you can watch them thrown literally from a plane.
Who are you people? And, why are you making stuff up???

Anonymous said...

No one's making stuff up.

Anonymous said...

It is pretty obvious that 12:58 has not been to BTR in quite some time!!! BTR makes Jackson look like a 3rd world airport!!!

Anonymous said...

It's a small airport. It's utillitarian in nature & construction. It works. You show up, get on a plane & leave. You come back, get your trash & leave. Stop whining about employees not kissing your ass when you arrive & not having a Grand Piano in the lobby.

Anonymous said...

Agree with 10:37. The airport might be the only functional thing Jackson has. I fly out of JAN all the time. It’s a good airport for such a small metro area.

Anonymous said...

If for no other reason, I would take it away from Jackson simply to quit having to listen to the Lamumba “Welcome to Jackson” speech on the intercom every ten minutes or so.

Anonymous said...

"...and the escalators were working fine."

Bullshit. I flew last month and again last weekend. The same escalator was out of service both times. Looks like nothing has been done on it for the last month.

Anonymous said...

Escalators are often out and the elevators in the parking garage are often not working.

The employees are 50/50. Some good, but many suck.

Traffic control is a joke at drop off/pickup.

I fly in/out often and if a bad airport with few options.

Anonymous said...

I fly a lot out of JAN: 2-4 times a month and 3-5 times a year are international. It’s embarrassing the status of our airport. But where else can you leave the house 1 hour before your flight boards and still arrive at the gate before boarding begins? Here are a few pointers for folks that fly a couple times a year.

1. Treat the jet ridge like a 10 lane interstate. Slow folks on the far right and folks with tight connections, stay toward the middle. If you are in the middle taking your time, you’re a jerk.

2. If you require a wheelchair to board a plane so you can pre board, it should be a requirement that you wait at your destination for a wheelchair after everyone disembarks. Never knew so many “healthy looking” people needed wheelchairs.

3. JAN baggage folks, we can all hear you slamming our bags down on the belts at baggage claim.

4. Every row of covered parking in the parking garage should have a red light or green light. Red light means all spaces on this row of taken, green, there’s an empty space.

5. JAN needs 1 skylounge accessible by all medallions for every airline. Come on JAN, we’re an “International” airport. It’s in the name.

I’m sure I’ve forgotten some….. what’s say you?

Anonymous said...

I fly a lot out of JAN: 2-4 times a month and 3-5 times a year are international. It’s embarrassing the status of our airport. But where else can you leave the house 1 hour before your flight boards and still arrive at the gate before boarding begins? Here are a few pointers for folks that fly a couple times a year.

1. Treat the jet ridge like a 10 lane interstate. Slow folks on the far right and folks with tight connections, stay toward the middle. If you are in the middle taking your time, you’re a jerk.

2. If you require a wheelchair to board a plane so you can pre board, it should be a requirement that you wait at your destination for a wheelchair after everyone disembarks. Never knew so many “healthy looking” people needed wheelchairs.

3. JAN baggage folks, we can all hear you slamming our bags down on the belts at baggage claim.

4. Every row of covered parking in the parking garage should have a red light or green light. Red light means all spaces on this row of taken, green, there’s an empty space.

5. JAN needs 1 skylounge accessible by all medallions for every airline. Come on JAN, we’re an “International” airport. It’s in the name.

I’m sure I’ve forgotten some….. what’s say you?

Anonymous said...

I’ve flown all over the U.S. and Jackson airport is by far in the worst condition I’ve seen. It is small and easier to navigate through, being smaller should make it easier to improve upon in my opinion. Don’t know why it remains in the shithole condition it is in other than incompetence leadership and lack of pride, same as City of Jackson.

Anonymous said...

@1:11 "Why not just dissolve Jackson and take the whole thing?"

An excellent idea. Jackson would be vastly improved if the State dissolved the City government, dismissed all City admin staff, appointed competent leadership for JPD, and used State procurement contracts for everything else...except the fire department. JFD seems to be quite good and may be the last functioning entity that the elected City officials haven't managed to completely screw up.


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Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

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This is definitely a Beaver production.


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If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

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