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Secretary of State Michael Watson says AG Lynn Fitch’s failure to enforce tidelands leases is costing taxpayers

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Secretary of Michael Watson says Attorney General Lynn Fitch ghosted him when he asked for help enforcing public tidelands leasing laws, and that her inaction is costing taxpayers and threatening a precious public resource as he hires a private firm to do the work.

“I write once again to express my concerns about matters in which we have requested assistance from your office to no avail,” Watson opened in a letter to Fitch on May 5. “… I have included a chronology below outlining our multiple attempts to obtain assistance from your office, as the state’s ‘law firm’ and its failure to act on behalf of my office to protect the state’s interest.”

Watson’s letter, obtained by Mississippi Today, goes on to outline how Fitch and her office for about a year ignored his requests for help in protecting property belonging to the Mississippi public.

“Having no solution and virtually no assistance from the AGO, I have no option except to retain outside counsel with the Tidelands funds to protect against these unauthorized uses,” Watson wrote to Fitch, adding that he had notified legislative about the issue.

In a recent interview, Watson said Fitch since his May letter has approved him hiring outside lawyers. Watson said he is doing so at a cost up to $75,000, but that he believes that is a cost taxpayers shouldn’t bear because Fitch has a team of staff attorneys on payroll that could do the work.

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Mississippi has more than 60 miles of coastline, with 27 miles of man-made public beach. In many areas, there is private ownership of coastline out to the mean high tide, but water-bottoms subject to the ebb and flow of the tide are owned by the public, held in trust by the state. Upland private landowners have “littoral” rights to the water and can build small piers or docks. Businesses such as casinos, hotels or restaurants and public entities can lease these tidelands from the state if they proper environmental permits. These lease payments are returned to local governments on the Coast and used for tidelands management, conservation, reclamation, preservation and enhancement of public access to the water.

Mississippi currently has 152 tidelands leases, and collects between $10 million and $12 million a year from them.

Watson, a Coast native, said he’s into a problem with “entities both public and private, who have either failed to obtain a lease or failed to make lease payments” on tidelands. He said there are currently about 25-30 entities who are “trespassing,” or using tidelands without a lease. About a dozen entities subleasing tidelands from another state agency have not been paying rent.

At the time he wrote Fitch the letter, Watson said, the Mississippi Maritime and Seafood Industry Museum in Biloxi was behind in its $5,000 annual tidelands rent, but it has since paid up. Watson noted that none of the Coast’s casinos, some of the largest lessors of tidelands, are behind on rent or trespassing without leases.

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Fitch through a spokeswoman declined to be interviewed for this article. Her spokeswoman issued a statement that said there is a long history of outside counsel working with Mississippi secretaries of state on tidelands cases.

“Public Trust Tidelands is a unique and complex area of law and there are a number of firms, particularly on the Coast, with expertise and experience in this field,” said Fitch spokeswoman Debbee Hancock.

But Watson said the issues he’s asking with help for are not complex tidelands litigation, but “basic contract and trespass law.” He said the cost of hiring outside lawyers is unwarranted for such simple enforcement.

Watson said Fitch’s office also threw a wrench in his efforts to enforce tidelands leasing laws last year when the AG sided with the Department of Marine Resources over the secretary of state’s office.

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DMR is the agency tasked with issuing permits for construction on tidelands. Watson wanted DMR to require entities to have a proper tidelands lease with his office before granting such permits. DMR said it shouldn’t be required to do so, and Fitch agreed.

A recent state Supreme Court ruling, Watson said, adds urgency to the need to enforce public tidelands leasing. Watson’s office in 2021 had filed a over a plan by Biloxi and Harrison County to lease property to RW Development to build a new pier. Watson claimed a state tidelands lease was required for the project — although his office offered one rent- to help the city project. But the state high court agreed with a lower court ruling that city piers had been built for many decades without requiring a lease, so one wasn’t required.

Watson in his letter to Fitch said this precedent “demonstrates the court’s willingness to forever bar the State’s efforts to enforce rights given it by the where the State previously failed to act.” He noted that in light of that ruling, “In a desperate attempt to spark some activity from your office, you will recall I emailed you specifically on March 24, 2023, to request a meeting on these matters so that we can move forward and ensure the interests of the state are preserved.”

Watson, like his secretary of state predecessors since legalized casino gambling in the early 1990s sparked a development boom on the Coast, has faced some blowback from trying to enforce state tidelands laws and leasing. Developers, business interests and some local government leaders have claimed it hampers development.

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Some environmental groups, however, have decried the state being too willing to lease tidelands and allow development in environmentally fragile tidelands, and said the Mississippi Coast could end up like other coastal where private development hampers public access to the water.

Robert Wiygul, an environmental attorney who represents citizens and public interest groups, told Mississippi Today that competing interests with tidelands and who exactly controls the land make for extremely complex scenarios, but state leaders should ultimately ensure that the public’s rights are protected.

“Mississippi law says it’s the public policy of the state to preserve coastal wetlands and ecosystems,” Wiygul said. “That doesn’t mean no commercial development in tidelands, but it does mean that any kind of development has to be very carefully evaluated.”

Last year, the Biloxi Businessmen’s Club wrote Watson a letter asking him to lay off tidelands enforcement and “take a more favorable stance towards economic development and move on to the more pressing business handled by your office.”

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Watson responded to that missive by saying he supports Coast development but, “I will not turn from the statutory duty given this office by the Legislature and ‘focus on the other important jobs’ of my office when any municipality, county or region of the state seeks to be creative with the law.”

Watson said dealing with public tidelands is a balancing act, and “the idea behind the public trust tidelands is that the entire Coast and the entire state benefits and people have access to the Lord’s natural resources … That’s incredibly important to balance economic development with preservation. The Coast is a huge economic driver for this state … We have, in my opinion, done a great job balancing that.”

Watson said his fellow Republican Fitch is a good friend and he is uncertain why she has been recalcitrant about helping enforce tidelands laws.

“Enforcing some things can be unpopular or can ruffle some feathers,” Watson said. “I’m not saying that’s the case here, but sometimes people go along to get along.”

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi Today

Proof of income requirement may delay program to help low-income pregnant women get care

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mississippitoday.org – Sophia Paffenroth – 2024-09-26 18:42:11

The head of Mississippi Medicaid told lawmakers on Thursday that the agency is working with the federal government to get approval of a new that allows uninsured, low-income women short-term Medicaid coverage while they wait for their application to be approved.

The program, called presumptive eligibility for pregnant women, has been hailed as a way to get pregnant women earlier access to prenatal care in states that have not expanded Medicaid and to mitigate bad outcomes for mothers and babies.

Mississippi is one of 10 states in the nation not to expand Medicaid under the Affordable Care Act. 

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Mississippi lawmakers wrote in the bill that women must provide proof of income before qualifying for presumptive eligibility, which is potentially at odds with federal regulations. 

“CMS (Centers for Medicare and Medicaid Services) does not like proof of income or proof of pregnancy,” Medicaid Executive Director Drew Snyder said Thursday in an annual legislative budget meeting. “To the current federal administration, a person’s word should be sufficient to get the temporary pregnancy coverage … I’m hopeful that we’ll be able to to a resolution that is faithful to the law and satisfies federal expectations.”

It’s not clear whether the state agency will be able to negotiate the details with the federal government or whether the Mississippi Legislature will need to rewrite the law during the 2025 legislative session.

Following the meeting, Snyder quickly left the building and refused to answer questions from a reporter about the status of the program. Mississippi has been allowed to communicate about pregnancy presumptive eligibility with the Division of Medicaid solely through email exchanges.

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House Bill 539, spearheaded by Medicaid Chair Missy McGee, R-Hattiesburg, would allow low-income pregnant women to get prenatal care while waiting for an official Medicaid application to be approved. The way the bill is written, these women would need to bring proof of income, such as a paystub, to their doctor’s office. 

Federal guidelines, however, state that while the agency may require proof of citizenship or residency, it should not “require verification of the conditions for presumptive eligibility” – which are pregnancy and income. 

“It is my understanding that the Division of Medicaid is currently working with CMS for approval of our presumptive eligibility law, specifically with the language around proof of income,” McGee told . “This is part of the and I am optimistic that it will be approved.”

The Centers for Medicare and Medicaid Services, tasked with approving or denying the state’s plan for implementing presumptive eligibility, has until Oct. 9 to make a decision. 

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CMS declined to comment on the status of Mississippi’s state plan amendment.

A spokesperson for Medicaid told Mississippi Today via email the agency is moving forward with implementation of the program despite the federal government’s concerns.

The Division is accepting applications from health care providers and conducting eligibility determination sessions – the final requirement for providers before they can begin treating women under the new policy. Nine medical providers have had their applications approved so far, according to the Division of Medicaid. 

The Division hosted a training for participating Federally Qualified Health Centers Thursday and will be hosting a training for participating hospitals Oct. 10 and 11, according to a participating provider. 

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In addition to the nine providers that have been accepted, the – the state’s largest public hospital and largest Medicaid provider – told Mississippi Today it submitted its application on Thursday. 

Below is a list of the nine providers that have been approved to participate as of Sept. 25: 

  • Physicians & Surgeons Clinic – Amory
  • Mississippi Department of Health, Dr. Renia Dotson – County Health Dept. ( Planning Clinic)
  • Family Health Center – Laurel
  • Delta Health Center, Inc (Dr. H. Jack Geiger Medical Center) – Mound Bayou
  • G.A. Carmichael Family Health Center Providers – Belzoni, Canton, Yazoo City
  • Coastal Family Health Center, Inc. – Biloxi 
  • Delta Health System – Greenville
  • Delta Medical Group – Women’s Specialty Clinic – Greenville
  • Southeast MS Rural Health Initiative Inc. – Women’s Health Center – Hattiesburg

Gwen Dilworth contributed to this report.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Justice Department says Mississippi town violates residents’ rights

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mississippitoday.org – Jerry Mitchell – 2024-09-26 13:12:53

Lexington Police Department engaged in excessive force, illegal searches and sexual harassment, the Justice Department concluded in a released Thursday.

 “Lexington is a small, rural community but its police department has had a heavy hand in people’s lives, wreaking havoc through use of excessive force, racially discriminatory policing, retaliation, and more,” Assistant Kristen Clarke of the Justice Department’s Civil Rights Division said in a press conference Thursday.

She said these police in Lexington “routinely make illegal arrests, use brutal and unnecessary force, and punish people for their poverty — by jailing people who cannot afford to pay fines or money bail. For too long, the Lexington Police Department has been playing by its own rules and operating with impunity — it’s time for this to end.”

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The 47-page report discusses excessive force, searches without legal cause and sexual harassment of women. It also discusses the unlawful jailing of those who owe fines or can’t afford bond.

The Justice Department’s investigation also “uncovered that Lexington police officers have engaged in a pattern or practice of discriminating against the city’s Black residents, used excessive force, and retaliated against those who criticize them,” said Attorney General Merrick Garland.

He also criticized the town’s approach to fines and fees by arresting and jailing people who can’t pay fines. “Being poor is not a crime, but practices like these amount to punishing people for poverty,” he said. “People in that community deserve better, and the Justice Department is committed to working with them, the City, and the Police Department to make the City safer for all its citizens.”

Deputy Attorney General Lisa Monaco said that “public safety depends on public confidence in our justice system,” and that has been undermined by these civil rights violations.

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U.S. Attorney Todd Gee for the Southern District of Mississippi compared the Lexington jail to the debtors’ prison in Charles Dickens’ novels.

Police have the authority to enforce the , but they shouldn’t “act as debt collectors for the city, extracting payments from the poor with threats of jail,” he said. “No matter how large or small, every police department has an obligation to follow the Constitution.”

For instance, he said, police a local man who was fined $224 for public profanity and had to pay $140 before they would release him from custody.

Another man was jailed for four days because he refilled his coffee without paying for a second cup. Another was jailed for two weeks for stealing packets of sugar from a gas station. His bail? $1,249, which he couldn’t afford.

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Police have imposed $1.7 million in fines in one of the nation’s most impoverished , he said. “That’s $1,400 for every man, woman and child in town.”

Overall, Black residents, who make up 75% of the population, are 17.6 times more likely to be arrested than white people, he said.

He harkened back to six decades ago when people were arrested in Holmes County for their involvement in the civil rights movement.

In 2022, then-Lexington Police Chief Sam Dobbins was caught on an audio recording using racist and homophobic slurs. He bragged that he had killed 13 people in the line of duty, shooting “one n—- 119 times.”

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He was fired the next day, and a Black police chief replaced him.

Despite that, the discriminatory practices that Dobbins initiated “continued unabated,” Clarke said.

Abuses by Lexington police have included using stun guns “like a cattle prod,” she said. One Black man, already being held down by three officers, was Tased eight times, and another was shocked 18 times until he was covered in his own vomit.

Clarke said one in every four Lexington residents have been arrested by police, and some of those are being arrested in retaliation for criticizing police or filming them.

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Civil rights attorney Jill Collen Jefferson Credit: Courtesy of Jill Collen Jefferson

One of those was Jill Collen Jefferson, whose legal nonprofit, JULIAN, has filed two lawsuits on behalf of Black residents accusing the police of mistreating them, was jailed June 10, 2023, after filming a traffic stop from her car on a public street.

The misdemeanor charges against her — resisting arrest, disorderly conduct, failure to comply and blocking a public roadway for filming a traffic stop — were eventually dismissed.

Jefferson applauded the department, praised the survivors’ courage and called the findings an “incredible victory.” She vowed to work with the National Police Accountability to bring reforms to Lexington and other police departments across the nation.

Clarke said both the city and police are cooperating with them to make reforms. Lexington police have yet to comment on the report.

Clarke noted that half of America’s police departments have 10 or fewer officers. Lexington has 10.

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“No city or town is too large or too small,” she said, for the Justice Department “to safeguard the rights that every American enjoys.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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On this day in 1899

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mississippitoday.org – Jerry Mitchell – 2024-09-26 07:00:00

Sept. 26, 1899

Credit: Wikipedia

William Levi Dawson was born in Anniston, Alabama. He ran away from home when he was 13 to attend Tuskegee Institute. He supported himself through and performed in Tuskegee’s band and orchestra. He continued to study music and graduated in 1927 from the American Conservatory of Music with a master’s degree in composition. 

His wife, Cornella, died within the first year of their 1928 marriage, and he found solace in music. He composed music in the European tradition before relying on his African roots to write symphonies. 

“I’ve not tried to imitate Beethoven or Brahms, Franck or Ravel, but to just be myself,” he told the Chicago Defender. “To me, the finest compliment that could be paid my symphony when it has its premiere is that is unmistakably is not the work of a white man. I want the audience to say, ‘Only a Black man could have written that.’” 

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He wrote what others called spirituals, and he called folk songs. “We have got to know and treat them as folk songs, because they contain the best that’s in us,” he said. “All the nations prize their folks’ songs.” 

He led the 100-voice Tuskegee Choir, which proved so talented that they sang for the of Radio Music Hall in 1932. The choir performed for the White House, and in 1946, broke the race barrier at Constitutional Hall, becoming the first Black Americans to perform there. 

In 1952, Dawson seven countries in Africa to study indigenous music there. His symphonies drew worldwide attention, and churches sang his spirituals such as “Ezekiel Saw the Wheel” and “King Jesus Is a-Listening.” Inducted into the Alabama Music Hall of Fame before his in 1990, his legacy persists through the internationally acclaimed Tuskegee Golden Voices Choir.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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