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Bill seeks to keep public at a distance in videoing law enforcement actions

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Bill seeks to keep public at a distance in videoing law enforcement actions

Anyone who video records Mississippi law enforcement during the performance of their duties in a public space could face a fine and jail time if they are less than 15 feet away, under a bill before the Legislature.

House bill 448 by Rep. Jill Ford, R-Madison, would make it a misdemeanor offense and set a fine for anyone who knowingly records law enforcement activity while less than 15 feet away after an officer has given “a clear, verbal instruction” to step back.

Ford referred comment about the bill to Department of Public Safety Commissioner Sean Tindell, and also reached out to him for input. Tindell said the legislation would provide guidance to the public and law enforcement that 15 feet is the minimum for a perimeter, which would allow an officer to work without interference and a person to record.

“Fifteen feet is five steps. There is nothing that they can’t still record from five steps away,” Tindell told Mississippi Today. “It’s close enough if you want to film the interaction with law enforcement.”

Videotaping law enforcement during arrests has intensified in the wake of the 2020 death of George Floyd in Minneapolis. A teenager captured cellphone video of Derek Chauvin kneeling on Floyd’s neck as he pleaded for his life, and that video became the key to a murder conviction for the former police officer.

The Mississippi bill states that it will not create a right or authorize anyone to record law enforcement activity.

That right already exists within the First Amendment and case law, including a 2017 5th U.S. Circuit Court of Appeals decision stating the First Amendment covers an individual’s right to record the police while they carry out their duties.

“Filming the police contributes to the public’s ability to hold the police accountable, ensure that police officers are not abusing their power, and make informed decisions about police policy,” the court wrote in its decision. “Filming the police also frequently helps officers; for example, a citizen’s recording might corroborate a probable cause finding or might even exonerate an officer charged with wrongdoing.”

Tindell said the bill is in response to an Aug. 5 interaction in McComb between Eugene Lewis, a Black man, and Mississippi Highway Patrol Trooper Hayden Falvey, who is white.

One of Lewis’ brothers, Packer Lewis, recorded a 5-minute Facebook video that shows Falvey dragging Eugene Lewis a few feet, wrestling him onto the grass and holding Lewis down with a knee.

Several times Packer Lewis talks to the trooper and the trooper tells him to stay back, including after Packer Lewis steps closer. After the trooper put Eugene Lewis into his car, Falvey arrested Packer Lewis and another brother at the scene, Darius Lewis.

A week later, DPS released a statement and 40 minutes of camera footage of the incident and said an internal investigation of the trooper didn’t find evidence of criminal conduct against Eugene Lewis.

The agency said Falvey stopped the car for speeding and other traffic violations. The trooper also smelled burned marijuana and saw Eugene Lewis’ eyes were glassy and bloodshot, according to the statement.

“It created somewhat of a potentially volatile situation,” Tindell later told Mississippi Today about the behavior of Eugene Lewis’ brothers at the scene and the trooper not being able to maintain a perimeter.

Existing case law allows law enforcement to set reasonable perimeters, and Tindell said sometimes there is a need for a greater distance, such as at a crime scene, which can be a 50-foot perimeter.

Under HB 448, a person could face up to six months in county jail and/or a fine between $500 and $1,000. The fine and jail time doubles for additional convictions.

There are exceptions in the bill: Recording from under 15 feet can happen during a traffic stop by the driver or passengers and while on private property in an enclosed structure with authority from the owner.

Tindell said DPS trains its officers about citizens’ right to record and how to establish a perimeter to conduct an investigation. If the bill passes, the only thing that will change for the agency is the ability to teach about the statute and tell law enforcement that they can cite it, he said.

Tindell has spoken with members of law enforcement who said they support the legislation.

“What this bill does, in my mind, is set forth reasonable parameters by which the public is aware as well as the law enforcement officer is aware of each other’s rights and dues,” he said.

The American Civil Liberties Union in Misissippi has a resource on its website about police encounters that includes the right to film, photograph and record the police.

As long as a person does not interfere with police activity or obstruct movements, the person has a right to observe and record events plainly visible in public spaces, according to the guide. A person also doesn’t have to hide the fact they are recording because police don’t have a reasonable expectation of privacy when doing their jobs.

The police can’t demand to see the recording or photo device without a warrant, and they can’t delete the images, videos or recordings, according to the guide.

A representative from the ACLU of Mississippi was not immediately available for comment.

But the national ACLU is challenging a law passed last year in Arizona establishing that a person must stay eight feet away when recording law enforcement.

“This law is a violation of a vital constitutional right and will severely thwart attempts to build police accountability,” the organization said in a statement. “It must be struck down before it creates irreparable community harm.”

As far as Mississippi’s proposed bill, Tindall said it would be up to law enforcement and agencies to use the correct level of discretion with how to apply HB 448. If the bill is passed, a court could determine whether a law enforcement officer misapplied the law and if the officer’s decision went beyond the bounds of reasonableness, he said.

Tindell doesn’t see the Mississippi bill as a threat to the First Amendment or transparency. As DPS commissioner, he said his goal for the agency is transparency to allow for accountability and build trust with the public.

“I’m confident that should (the bill) make it through the process and become law, it will be fully vetted and be a good law in which the public and law enforcement understand and respect,” he said.

HB 448 is under consideration by the Judiciary B Committee. Tuesday is the deadline for all committees to report out bills to be considered by the full House of Representatives or Senate.

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

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Mississippi Today

On this day in 1997

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mississippitoday.org – Jerry Mitchell – 2024-12-22 07:00:00

Dec. 22, 1997

Myrlie Evers and Reena Evers-Everette cheer the jury verdict of Feb. 5, 1994, when Byron De La Beckwith was found guilty of the 1963 murder of Mississippi NAACP leader Medgar Evers. Credit: AP/Rogelio Solis

The Mississippi Supreme Court upheld the conviction of white supremacist Byron De La Beckwith for the 1963 murder of Medgar Evers. 

In the court’s 4–2 decision, Justice Mike Mills praised efforts “to squeeze justice out of the harm caused by a furtive explosion which erupted from dark bushes on a June night in Jackson, Mississippi.” 

He wrote that Beckwith’s constitutional right to a speedy trial had not been denied. His “complicity with the Sovereignty Commission’s involvement in the prior trials contributed to the delay.” 

The decision did more than ensure that Beckwith would stay behind bars. The conviction helped clear the way for other prosecutions of unpunished killings from the Civil Rights Era.

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

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Mississippi Today

Medicaid expansion tracker approaches $1 billion loss for Mississippi

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mississippitoday.org – Bobby Harrison – 2024-12-22 06:00:00

About the time people ring in the new year next week, the digital tracker on Mississippi Today’s homepage tabulating the amount of money the state is losing by not expanding Medicaid will hit $1 billion.

The state has lost $1 billion not since the start of the quickly departing 2024 but since the beginning of the state’s fiscal year on July 1.

Some who oppose Medicaid expansion say the digital tracker is flawed.

During an October news conference, when state Auditor Shad White unveiled details of his $2 million study seeking ways to cut state government spending, he said he did not look at Medicaid expansion as a method to save money or grow state revenue.

“I think that (Mississippi Today) calculator is wrong,” White said. “… I don’t think that takes into account how many people are going to be moved off the federal health care exchange where their health care is paid for fully by the federal government and moved onto Medicaid.”

White is not the only Mississippi politician who has expressed concern that if Medicaid expansion were enacted, thousands of people would lose their insurance on the exchange and be forced to enroll in Medicaid for health care coverage.

Mississippi Today’s projections used for the tracker are based on studies conducted by the Institutions of Higher Learning University Research Center. Granted, there are a lot of variables in the study that are inexact. It is impossible to say, for example, how many people will get sick and need health care, thus increasing the cost of Medicaid expansion. But is reasonable that the projections of the University Research Center are in the ballpark of being accurate and close to other studies conducted by health care experts.

White and others are correct that Mississippi Today’s calculator does not take into account money flowing into the state for people covered on the health care exchange. But that money does not go to the state; it goes to insurance companies that, granted, use that money to reimburse Mississippians for providing health care. But at least a portion of the money goes to out-of-state insurance companies as profits.

Both Medicaid expansion and the health care exchange are part of the Affordable Care Act. Under Medicaid expansion people earning up to $20,120 annually can sign up for Medicaid and the federal government will pay the bulk of the cost. Mississippi is one of 10 states that have not opted into Medicaid expansion.

People making more than $14,580 annually can garner private insurance through the health insurance exchanges, and people below certain income levels can receive help from the federal government in paying for that coverage.

During the COVID-19 pandemic, legislation championed and signed into law by President Joe Biden significantly increased the federal subsidies provided to people receiving insurance on the exchange. Those increased subsidies led to many Mississippians — desperate for health care — turning to the exchange for help.

White, state Insurance Commissioner Mike Chaney, Gov. Tate Reeves and others have expressed concern that those people would lose their private health insurance and be forced to sign up for Medicaid if lawmakers vote to expand Medicaid.

They are correct.

But they do not mention that the enhanced benefits authored by the Biden administration are scheduled to expire in December 2025 unless they are reenacted by Congress. The incoming Donald Trump administration has given no indication it will continue the enhanced subsidies.

As a matter of fact, the Trump administration, led by billionaire Elon Musk, is looking for ways to cut federal spending.

Some have speculated that Medicaid expansion also could be on Musk’s chopping block.

That is possible. But remember congressional action is required to continue the enhanced subsidies. On the flip side, congressional action would most likely be required to end or cut Medicaid expansion.

Would the multiple U.S. senators and House members in the red states that have expanded Medicaid vote to end a program that is providing health care to thousands of their constituents?

If Congress does not continue Biden’s enhanced subsidies, the rates for Mississippians on the exchange will increase on average about $500 per year, according to a study by KFF, a national health advocacy nonprofit. If that occurs, it is likely that many of the 280,000 Mississippians on the exchange will drop their coverage.

The result will be that Mississippi’s rate of uninsured — already one of the highest in the nation – will rise further, putting additional pressure on hospitals and other providers who will be treating patients who have no ability to pay.

In the meantime, the Mississippi Today counter that tracks the amount of money Mississippi is losing by not expanding Medicaid keeps ticking up.

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

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Mississippi Today

On this day in 1911

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mississippitoday.org – Jerry Mitchell – 2024-12-21 07:00:00

Dec. 21, 1911

A colorized photograph of Josh Gibson, who was playing with the Homestead Grays Credit: Wikipedia

Josh Gibson, the Negro League’s “Home Run King,” was born in Buena Vista, Georgia. 

When the family’s farm suffered, they moved to Pittsburgh, and Gibson tried baseball at age 16. He eventually played for a semi-pro team in Pittsburgh and became known for his towering home runs. 

He was watching the Homestead Grays play on July 25, 1930, when the catcher injured his hand. Team members called for Gibson, sitting in the stands, to join them. He was such a talented catcher that base runners were more reluctant to steal. He hit the baseball so hard and so far (580 feet once at Yankee Stadium) that he became the second-highest paid player in the Negro Leagues behind Satchel Paige, with both of them entering the National Baseball Hame of Fame. 

The Hall estimated that Gibson hit nearly 800 homers in his 17-year career and had a lifetime batting average of .359. Gibson was portrayed in the 1996 TV movie, “Soul of the Game,” by Mykelti Williamson. Blair Underwood played Jackie Robinson, Delroy Lindo portrayed Satchel Paige, and Harvey Williams played “Cat” Mays, the father of the legendary Willie Mays. 

Gibson has now been honored with a statue outside the Washington Nationals’ ballpark.

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

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