Thursday, April 4, 2024

Rukia & ACLU Move to Take Over Water System

The Sisters of the Order of Rukia are going to get a seat at the table in the Jackson water case.  U.S. District  Judge Henry Wingate approved the Poor People's Campaign and People's Assembly motion to intervene in the Jackson water case.  They filed a complaint asking the Court to give them oversight of the water system through a "community water board."  

The Poor People's Campaign and the People's Assembly filed the motion in the Jackson water case in September 2023.  Their press release stated: 

With residents currently shut out of closed-door settlement negotiations about the future of their water system, Mississippi Poor People’s Campaign (MS-PPC) and the People’s Advocacy Institute (PAI) are seeking an official role for community involvement in the co-design of just, equitable solutions to the decades-long water crisis. They seek public accountability and increased information-sharing related to water quality and the management of an unprecedented amount of federal funding to fix the public water system.

After the Department of Justice filed the lawsuit on behalf of the Environmental Protection Agency (EPA) in November 2022, the parties came to an interim agreement that called for a third-party manager (ITPM) to oversee the response to the crisis. But MS-PPC and PAI, and the residents they represent, say the appointee, Ted Henifin, and the EPA have not adequately engaged Jackson residents and community leaders in the process, have failed to keep them informed about the safety and quality of their water and the status of repairs to the water system, and have executed long-term contracts without proper transparency or oversight.... Earlier post.
Neither the EPA or City of Jackson opposed the motion.  
 

 

U.S. District Judge Henry Wingate approved the motion on March 20.  The order states: 

The Court hereby GRANTS the Motion for Leave to Intervene [Dkt. 55], and the Jackson Community Groups shall be permitted to intervene in the Safe Drinking Water Act case as Intervenors-Plaintiffs, submit their proposed Complaint-in-Intervention [Dkt. 55-1], and have all the rights and responsibilities associated with party status in this matter. The Jackson Community Groups are ORDERED to file on the Docket in this case their Complaint-in- Intervention.

The "community groups" wasted no time as they filed a complaint the very next day.  The preamble to the complaint shows exactly where the complaint is going:  

1. The Jackson water crisis is not just one crisis, but a confluence of multiple crises: an infrastructure crisis, a financial crisis, a climate crisis, a public health crisis, and increasingly, a crisis of public trust. Decades of state disinvestment have deprived the majority-Black city of Jackson, Mississippi, of adequate resources to maintain and repair its crumbling public water system. In recent years, state officials have actively undermined Jacksonians’ ability to make much-needed improvements to the system and more broadly, govern themselves and determine the fate of their city. A series of climate disasters has roiled the already fragile water system, driving it into total collapse in August and September of 2022.

With the history lesson out of the way, the complaint attacks JXN Water Manager Ted Henifin: 

2. One year has passed since then and, while some progress has been made Jackson residents still do not have verifiably safe water to drink.

3. The Parties to this action have not taken adequate steps to ensure that the ITPM is placing residents’ health front and center in his response. And they have utterly failed to address the growing crisis of public confidence in the safety of the water and the accountability of the ITPM’s office, which is exempt from open records and public procurement laws. Jackson residents and community groups who have played an essential role in responding to the water crisis have been shut out of the confidential settlement negotiations among the federal and state government, the City, and the ITPM in this matter.

The intervenors rehash Jackson's problems with its water system from 2015 to 2022 as they claim Jackson's water is still not safe to drink. They allege "Jackson residents continue to experience low pressure and cloudy, discolored, and foul-smelling water coming out of their taps." However, they do not provide any actual evidence of such claims such as reports or time-stamped lab analysis. The complaint charges there is lead present in the water system. Mr. Henifin has a poor record of community engagement. 

 The intervenors claim they have several causes of action: exceedances of turbidity, failure to timely proceed with general filter rehabilitation at J.H. Fewell plant,  and failure to install corrosion control treatment. 

The complaint asks the Court to declare JXN Water is in violation of the Safe Drinking Water Act and order compliance with the law.  
 
 

The mask comes off on page 30 of the complaint as the so-called community groups show their real intent, taking control of Jackson's water system, its hiring, and contracts: 

3. Order the implementation of measures to ensure robust community participation, information sharing, and public accountability in this action and in the long-term governance of Jackson’s public water system, including but not limited to:

a. Requiring the formation of a Community Water Board composed of Jackson residents and other directly-impacted stakeholders to monitor and enforce compliance with any affirmative measures agreed to by the Parties or ordered by this Court to ensure the health and safety of residents and other consumers of the public water system;

b. Appointing a Community Ombudsperson, selected and agreed to by the Community Water Board, to facilitate community input and oversight regarding the maintenance, repair, re-design, and management of the system;

c. Creating a system for the Jackson Community Groups and Jackson residents, along with federal, local, and state government entities, to regularly test the PWS for lead and other water contaminants, with no cost to the Groups or the residents, including any technical assistance to educate the Groups and residents about the water testing results.

d. Making local workforce development, training and education, and hiring local workers a priority in the resolution of this action and overall stabilization of Jackson’s PWS; (KF: In other words, no outside contractors.) ...

f. erecting protections to prevent private companies or other government entities from assuming ownership or control of the system (KF: In other words, no water districts nor private contractors running the plants.  Bye-bye Jacobs Engineering.).  

Attorneys for the ACLU, Center for Constitutional Rights, and Forward Justice represent the intervenors.  

Kingfish note: Make no mistake, this is nothing short of an attempt to take control of Jackson's water system by the Lubumbas, even as it is under receivership.  What matters to this bunch is $600 million and to hell with anyone who gets in their way.  They said nothing when the Mayor lied and hid the EPA orders, the true condition of the plants, and even told the public the water was safe when the EPA order was discovered.  

Unfortunately, the fix might be in on this case.  The EPA, Lumumba Administration, and these groups are all on the same team. The only thing standing against them is one federal judge.   Let's see what kind of response is filed with this complaint.  

What Judge Wingate created was a circus.  If Judge Wingate is going to allow these so-called community groups to get a seat at the table, then maybe some of us should form our own groups and get a seat as well.  

45 comments:

Anonymous said...

Aw HAIL no....

Anonymous said...

money...money...money...

Anonymous said...

Agreed. Since the inept Legislature dropped the ball, it's time for us to form our own community group to get a seat at the table for the Jackson water case and to lobby the Legislature to form a regional water authority like the one describe in SB 2628.

Disappointed in Judge Wingate. Thought he was done with these clowns after putting the smack down on them last year.

Anonymous said...

The good news is that Jackson has only had 30 murders this year.

Anonymous said...

"Neither the EPA or City of Jackson opposed the motion."

Color me shocked...again, water is wet

Anonymous said...

"the rent is too damn high peoples campaign"

Anonymous said...

Has the Honorable judge asked the Lumumba's straight up why they paid their cronies $30mil for the Siemens settlement?

Anonymous said...

Too bad you couldn't have reported this before the leadership boobs in the House killed SB2628.

Anonymous said...

What did anyone expect when 600 million dollars (or whatever the funding was) suddenly became available for use to begin repairing the system and/or a good source for those who steal funds from legitimate programs for their own use or things that have no connection to the reasons the money was allocated.

Do they want to rob and steal from the water system repair funds?

God knows the intent of their hearts. Pray for him to settle accounts in ways God can and has used throughout history to answer the prayers of His people.

Anonymous said...

Sounds like Lynn Fitch needs to intervene, as representing a large customer.

Anonymous said...

Sister Rukia and Brother Antar Chokwe, along with their minions, are indeed a circus, but it’s of their own creation. Judge
is throwing them some crumbs.

Anonymous said...

The female marxist are looking at Ted Henifin, and saying, how do you like me now?

Anonymous said...

Jackson residents DO NOT WANT THIS. If this happens, we can expect to be back in the same boat as before Ted Henifin took over in no time.

This administration couldn't even keep the plants staffed with the minimum number of Class A operators and failed to order maintenance supplies and parts that they did have the resources for. Do we think $600 million is going to make our Mayor suddenly competent when he is STILL against shut-offs for non-payment? Would not surprise me to see him waste that money away on inflated contracts (with his pick of subcontractors) or divert the regular water revenue to fund his other "pet projects" instead of building up a sustainable water system.

These groups led by his sister and her friends are NOT the answer and not fooling anyone. How exactly did they play "an essential role in responding to the water crisis?" By handing out DONATED bottled water until it ran out because the Mayor didn't have any emergency response planned outside of donations? By defending the City's lack of transparency and water quality, only to complain about everything under the sun after someone finally making improvements fired your "insider" in JXN Water? They have done nothing but attempt to distract and impede progress ever since they realized Henifin wasn't going to operate according to the status quo.

Rukia, how about you shift focus to helping your brother find a competent public works director to stay in the role for over a month since he hasn't proven capable of that just yet.

Wingate needs to nip this in the bud.

Anonymous said...

Can anybody declare their crew a "Community Group"? Wingate needs to establish status qualifications to intervene, one of which has to be a track record of improving a water/sewer system. The Lumumba record of transitioning natural waterways into sewers is not applicable, is it?

Anonymous said...

@10:36

The voters in Jackson worship two things. Politicians with their skin color and Democratic hand outs. God gave them enough sense to identify their problems but they're not using it. God has done his part.

Anonymous said...

I'll repeat what I've said all along. Their attitude is: "well, the water system may be a sack of dung, but it's our sack of dung".

Anonymous said...

Free the land!

And gimme all that guv't money.

Anonymous said...

"Do they want to rob and steal from the water system repair funds?"

Of course! On Day 1 as soon as they gain control back over the water system when Henifin is finished, Jacobs is getting fired. Who will be hired in their place by the Lumumbas? It'll be some inexperienced contractor only given the contract because of their minority status and who couldn't tell you the difference between a valve and a treatment chemical.

Anonymous said...

Confusious say: "Governing competently is hard, but $600 million in grease will help make the squeaky wheels happy in the meantime!"

Anonymous said...

Even though the water and sewer systems are functioning and improving, these clowns are unhappy because they are not in charge so they can pass out money based on race (i.e. African-Americans only) instead of ability, experience, and knowledge. If they get a chance, they will fire Henifin, engage in a circus similar to the garbage contract fiasco, and when the entire system collapses once again, blame racism.

Anonymous said...

LET THEM HAVE IT... It will be fun to watch them destroy it again.

Anonymous said...

Has Sista Rukia been to Sid’s school of maximum verbosity and word count?
It reads like a 20 year old padding their resume with big college words that in the end mean nothing and make no point….

Anonymous said...

If the wealthy educated NE Jxn residents are not actively already forming a group and demanding a seat at the table, then they deserve the inevitable ruin of any improvements Henefin has made.

I don't live there anymore.

But if you do, and you don't fight fire with fire you will be enjoying your waterless mansion again in no time.

Anonymous said...

Better that Judge Wingate allow them to intervene and then rule against them on the merits, than to deny their intervention and set up an appeal that is likely to allow their intervention anyway.

It's interesting that the Judge has stayed on top of this case and pushed it forward given his historic proclivity to let cases languish on the docket interminably. Thank you, Judge Wingate!

Anonymous said...



Get out NOW- while you CAN!

Jackson is F'ing Doomed, Period said...

We still have some home inventory up here in Madison County. Y'all had better hurry as the prices are continuing to go up.

Anonymous said...



"LET THEM HAVE IT... It will be fun to watch them destroy it again."
April 4, 2024 at 11:46 AM

Problem is, this will only increase the flood of Jackson's Last-&-Least, into neighboring counties, where they're already ruining things. Jackson's Best-&-Brightest, are eyeing regions far from Mississippi, as did most of who've already fled. If you're already packing, moving, and selling, it's not much more trouble to buy a house on the Wasatch Front, than it is to move to Gluckstadt or Brandon.

People in the "Waterless Mansions" can afford wells, tanker trucks, and storage tanks. One presumes some have already installed these. I wonder whether or not Mayor BabyChok's gated cul-de-sac already has private water emergency backup.

Anonymous said...

11:46, Amen!!

Anonymous said...

12:04 may be right. It might be better for Judge Wingate to keep them close at hand and within the purview of the court rather than having them runnin' 'round loose out there.

Anonymous said...

1:07pm
Well water availability in itself is not drinking water. Do you not fathom that Lumumba's 50 to 100M gallons of raw sewage running into backyards, streets, creeks and river has sunk to pollute below surface ground water? And whence cometh the water in "tanker trucks and storage tanks"?

Anonymous said...

Go ahead and give them the money. Just get the cash in a bag and deliver it to the mayor. Then everyone will be happy. The people of Jackson will be back to no running water but they will be happy. Maybe you should get several bags of money ready for the next scam they decide to use to get something for nothing.

Anonymous said...

Hopefully Judge Wingate follows the sage advice to "keep your friends close and your enemies closer."

Will it be called the People's Radical DEI Water Consortium?

Anonymous said...

My Ridgeland property value just went UP! (along with other surrounding municipalities run by biz folks)

Anonymous said...

My house in a neighboring county is now for sale.

Price went up 15% overnight.

30% by the end of year.

You receive a complimentary glass of water from the tap when you visit.

And your kids can go to first-class schools.

I freaking luv the Lumumbas.

Anonymous said...

Until he proves otherwise, I have no reason to doubt Judge Wingate.

Anonymous said...

Why do they deserve a seat anywhere? Who are they other than some gaggle of malcontents?

Anonymous said...

Ha Ha Kamikaze Jackson

Anonymous said...

I agree with 12:04. The operative phrase in the order is:

"and have all the rights and responsibilities associated with party status"

Core responsibilities of a party are to conduct due diligence before filing claims, and to back up claims with real evidence. Another responsibility is what's called "candor with the court," meaning a party can't lie to a judge, including by omission.

Judge Wingate will now be able to rule on the merits of the claims, and we will eventually get an order from a federal judge that states the facts.

Findings of fact from a trial judge are a whole lot difference that marketing, PR, and political speeches. Unless reversed on appeal, those are THE facts.

I will love it if this complaint gets dismissed with sanctions for being frivolous, with no basis and fact or law, and no hope of success. No feature film will be able to polish that turd.

In the end, I suspect this may be a case of "be careful what you wish for."

Anonymous said...

Maybe Rukia can soon pay her taxes.

Anonymous said...

At this point she should be called Queen Rukia because she rules.

Anonymous said...

Detroit is being well represented as well as paid it's tithe from Jackson.

Anonymous said...

Wingate is folding because he has to. EPA is slowing the money flow at the demand of the Lumumba’s. Henifin has 10 million in invoices and only 2 million in the bank.
Lumumba is an el Chopo and Pablo Escobar in the making.
But we all know how those stories ended.

Anonymous said...

Scorpio VS Aries.
Don’t like him, but I’ll bet on the Aries .

Anonymous said...

Think any intervenors will enroll in the JXN Water Academy?

Anonymous said...

@2:31 No because a requirement is that they are paying for water and sewer.


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