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Aaron Rice, the Director of the Mississippi Justice Institute, joined the Todd Starnes along with Rep. Dana Criswell to talk about our new lawsuit against the city of Jackson's attempt to suspend open carry rights.

As April nears a close, America’s small business sector focuses anxiously on May 1, the date arbitrarily selected by many governors to reopen their state economies. 

Many small business employers and employees will mark it as the day they finally regain their livelihoods. For most of them, this day has been a long time coming. 

The majority of the nation’s small business owners can’t keep their businesses shuttered for weeks or months on end, no matter how much the federal government tries to “stimulate” the economy. Yet many governors suddenly are backtracking on May 1, despite empirical data about the flattening of the coronavirus curve.

As is increasingly the case in this country, everything is viewed through a political lens. Clearly, COVID-19 and shelter-in-place policies are no exception. 

Blue state governors such as Andrew Cuomo of New York, Philip Murphy of New Jersey, J.B. Pritzker of Illinois, and Ralph Northam of Virginia seem hell-bent on prolonging stay-at-home orders, seemingly rejecting a flattening of the curve more in favor of a parabolic outcome.

As unemployment claims skyrocket and Twitter fights and press conferences turn partisan, many governors and health officials seem to turn a deaf ear to the economic and personal crises of millions of Americans, all in the name of public health. 

The drumbeat to reopen state economies is now manifested in weekly protests at state capitols, where thousands of American citizens openly defy stay-at-home orders in an attempt to sway the one autocratic decision-maker. 

In states across the country, governors robustly have conducted an unprecedented usurpation of the American system of democracy—shutting down the economy, prohibiting a social and spiritual way of life, and rejecting any obligation to a transparent burden of proof—in an attempt to not “overwhelm our health care system.”

To be sure, there is no easy decision for a governor in weighing public health concerns versus economic ones. 

In addition to the daily counts of confirmed COVID-19 cases and fatalities, we’re starting to count bankruptcies, abandoned mortgages, permanently closed businesses, and 26 million unemployment claims in a mere three weeks—all of which has contributed to the deteriorating mental health of millions of citizens. 

However, despite the wish for a political magic bullet, there never will be a perfectly chosen date or “green light” indicating all is clear and we can announce it is safe to go back in the water. 

No, leaders have to use discernment. They have to be willing to weigh the evidence from experts and then make a call. This is the time when leaders are separated from mere politicians.

Each governor must make an informed and politically agnostic decision as to what is best for his or her constituents. Partisanship and political prejudice must take a back seat. 

When a governor is making such a decision, would it not be a comfort to know that this elected representative feels the pain of all the hardworking Americans thrown into unemployment for no other reason than an arbitrary state line? 

As we say in the business world, governors would have some skin in the game.

So here’s an idea. What if each governor who kept his state on prolonged lockdown after a decline in the health system surge bore the same burden as those who are unemployed? 

What if North Carolina Gov. Roy Cooper, for example, had to forgo his salary and benefits during the same period of his executive order to stay home? Would we not all feel that the goose and gander are on the same page?

Perhaps then, and only then, the economic weight of this crisis would be felt by the authoritarian types running states such as Michigan, Virginia, Illinois, New York, and New Jersey.

On the other hand, what does a political operative like Cuomo know about standing in line for hand sanitizer? What would Murphy know about how to apply with his bank for a Paycheck Protection Program loan? Can Pritzker really understand the personal circumstances of applying for unemployment?  

Many of these governors are far too disconnected from the real impact felt by those who must suffer the consequences of government orders.

As the well-known economist Thomas Sowell has written: “It is hard to imagine a more stupid or more dangerous way of making decisions than by putting those decisions into the hands of people who pay no price for being wrong.” 

We’re living in unprecedented times, as many of the governors like to say just before they further extend orders to keep our economies closed. 

“We all have to sacrifice,” a state leader will say. Well, let’s try an unprecedented measure. Until the orders to limit making a living are lifted, let’s require governors and their cabinets to go without pay and benefits. Let’s ensure the governors and their staffs have some skin in the game. 

That could be the incentive they need to leave the politics aside and let people have the personal responsibility and liberty to make prudent decisions for themselves.

This column appeared in Daily Signal on April 29, 2020.

Coronavirus, tornadoes, flooding. It’s been one crisis after another for the state of Mississippi this year. During these challenging times, it’s easy to forget that some families live in crisis every day. Some children live in danger every day.

No doubt, families have been under stress during the coronavirus outbreak. In some families, more stress leads to more abuse. Anecdotal reports are pouring in that medical providers are seeing more children with evidence of abuse. As schools and churches are not meeting, potential abuse is not getting reported. Social service systems are likewise overwhelmed. 

But Mississippi’s foster care system has been overwhelmed for a long time, hasn’t it? It’s a system that has failed thousands of children over the years. Children like Armani Hill. Armani should have just celebrated Easter with her sister and family. She should be learning her colors and know that her favorite one is purple. Her only worry should be whether she’ll get to go to any swim parties this summer – after the coronavirus ends.

Most of all, she should have had a chance. A chance to find out that she loved dance and was actually really good at it. A chance to learn about math and space and the Grand Canyon. A chance to be upset that the boy in her high school English class didn’t like her back, but her Biology lab partner did. 

Armani didn’t get these chances. On June 10, 2019, Armani’s mother left her and her sister, Lailah, alone with her boyfriend at their home. By the time the Natchez police were able to report to the scene, it was too late for Armani. Both of the girls were severely abused. 

This was not the first time Armani and Lailah had been abused. Child Protective Services had previously opened and closed cases on the girls twice due to injuries they had sustained as recently as May of that same year. 

Armani’s chances were stolen from her by the state of Mississippi and a foster care system’s failure to put her safety first. Unfortunately, Armani is not the only Mississippi child who never got a chance.

Olivia Y. is one of these children. When she entered the foster care system at age 3, she weighed only 22 pounds. The Mississippi Department of Child Protection Services (MDCPS) deemed her healthy. She wasn’t even given a medical exam. 

Olivia lived in 6 different homes before she ended up being placed in a shelter. When she got there, she was malnourished, depressed, and showing signs of sexual abuse. MDCPS continued to ignore Olivia. 

Olivia’s death should have shocked the system into reform. It should have been a wakeup call for the people of Mississippi. Instead, a law firm from New York sued the state.

This lawsuit resulted in a settlement agreement creating 113 benchmarks for the Mississippi foster care system. A 2018 report found that 10 years later, Mississippi is only complying with 37 of those requirements.

On December 10, 2019, Mississippi Child Protection Services executive director Jess Dickinson resigned from his position after only two and a half years. A new director has yet to be appointed by Governor Tate Reeves.

Fortunately, the Mississippi legislature has been considering important reforms that would help our foster care kids. These include bills by Sens. Joey Fillingane and Angela Hill and Reps. Jansen Owen and Kevin Ford. Fillingane and Ford’s companion bills would have helped kids get safely placed with family members or get adopted, instead of languishing for years in foster care. 

Hill’s bill would have required CPS workers to record interactions with foster children and their parents in abuse investigations. Owen’s bill would have helped protect children like Armani and Lailah and Olivia who are subject to repeated abuse and/or exposure to drugs. Owen also introduced a measure to give the legislature more oversight over CPS finances.

None of these bills survived the legislative crossover deadline.

The legislature, however, is still considering an expansion of the Children’s Promise Act. Passed in 2018, this law creates several tax credits that are empowering foster care nonprofits to help more families in Mississippi. Rep. Trey Lamar, the House Ways and Means Chairman, and Sen. Josh Harkins, the Senate Finance Chairman, are working to expand the cap for this innovative program, leveraging private donations to help a system that needs more than just a budget increase.

Armani and Olivia were not given the chances they deserved. Their voices were stolen from them by a system that wasn’t looking out for them. Even as we face a health crisis that has claimed the lives of thousands of people nationwide, it’s worth considering the lives of the thousands of children in Mississippi foster care. They’re worth our time and attention too.  

This column appeared in the Northside Sun on April 30, 2020.

This page will be updated daily to reflect developments related to the spread of COVID-19 in Mississippi. 

Since Mississippi’s first positive case of coronavirus on March 11, life has been uprooted for many Mississippians. Many are working from home. Schools are closed. Churches are closed. Restaurants dining halls are closed.

Here is what you need to know about COVID-19 in Mississippi, what you can do to stop it from spreading, and what steps state and local governments have or have not taken in response.

Safer at home order replaces shelter in place

Gov. Tate Reeves announced on April 24 that the state will be taking a measured approach to reopen Mississippi as the current shelter-in-place order is replaced with a new, safer-at-home order. The new order will be in effect Monday, April 27, at 8 a.m.

Many currently closed businesses will be allowed to open under certain circumstances. Retail stores can reopen, but they must reduce capacity by 50 percent based on their designated full capacity. Masks are highly recommended, but not mandated. 

A large grouping of currently closed businesses – including movie theaters, bars, museums, casinos, salons and barber shops, gyms, and clubs – will remain closed. Restaurants remain limited to curbside, take out, or delivery as dining rooms are still closed. 

Gatherings of 10 or more remain prohibited, and Reeves said this will be enforced. There is also a classification of the most vulnerable, including the elderly and those with pre-existing health conditions, who are required to continue sheltering in place. 

The order is in effect for two weeks, though Reeves said they may review the order prior to see if more of the state can open up. 

How many people have coronavirus in Mississippi and where do they live?

Mississippi’s first positive case of coronavirus was confirmed on March 11. As of April 29, that number had escalated to 6,569. There has been 250 deaths reported.

Hinds county, the largest county in the state, has the most cases in the state at 450. Lauderdale county has 334 cases and Desoto county has 277. By April 9, at least one positive test has occurred in virtually every county in the state. As of April 28, 66,094 residents had been tested.

How to protect yourself and your loved ones

COVID-19 causes flu-like illness ranging from mild to severe, with symptoms of fever, coughing, fatigue, and difficulty breathing. Like the flu, COVID-19 is thought to spread person-to-person by close contact (within 6 feet) and by coughing or sneezing. Other possible routes of transmission may include touching surfaces contaminated by the virus. The Department of Health has a list of directions for all individuals to remain healthy during this time.

This includes:

Lawsuit filed against Jackson: The Mississippi Justice Institute has filed a lawsuit against the city of Jackson over a new order banning open carry in the city.

Legislature to return May 18: Legislative leadership has announced plans to return to Jackson on May 18, some two months after the session as suspended. On March 16, the legislature suspended the legislative session. HCR 65 extends the session to June 9 and adjust the deadlines for legislation. Previously, the session was supposed to end, known as sine die (which means with no appointed date for resumption), on May 3. Under the resolution, the legislature could reconvene on or before April 1. If the legislature hasn’t returned, completed its business, and adjourned sine die by June 9, the final day of the session could be pushed back to July 9, which would be after the start of the fiscal year.

Schools closed for remainder of year: Gov. Tate Reeves announced on April 14 that school buildings will be closed for the remainder of the year, but students would continue distance learning.

Board of Medical Licensure walks back regulation change: The board initially signed an order allowing patients to access out-of-state doctors via telemedicine, something most states have done. They then revised that to only allow the practice of using out-of-state doctors if a you have a prior doctor-patient relationship.

Tax filing deadline extended one month: The state has extended the tax filing deadline from April 15 to May 15. The Department of Revenue said they are unable to move the deadline to July 15, like the federal government, because the state fiscal year begins on July 1.

Reeves issues executive order for unemployment benefits: Reeves issued an executive order on March 21 that will allow Mississippians to claim unemployment benefits without the one-week waiting period. Work search requirements have also been suspended.

Alcohol restrictions lifted: The Department of Revenue has updated two regulations making it easier for consumers to purchases alcohol. DOR is now allowing liquor stores to take orders online or over the phone, while providing curbside delivery rather than having to enter the retail establishment. DOR will also allow customers to purchase a sealed bottle of wine with their to-go order. To-go sales of mixed drinks remain prohibited.

Telemedicine regs lifted: The Mississippi State Board of Medical Licensure has temporarily lifted multiple regulations concerning access to telemedicine. The Board is encouraging “all physicians to utilize telemedicine so as to avoid unnecessary patient travel both in-state and out of state.” With that, the Board has said they will not enforce “any statute, rule, or regulation” that requires physicians to personally examine a patient prior to the issuance of a prescription. This includes controlled substances, and every physician will have access to the Prescription Monitoring Program when a controlled substance is issued and urine drug tests will not be required. Additionally, out-of-state physicians may also utilize telemedicine in treating patients in Mississippi without securing a license to practice medicine in the state. 

Casinos in Mississippi closed: On March 16, the Mississippi Gaming Commission announced that all private casinos in the state will be indefinitely closed. This does not impact Indian-owned casinos. 

Primary election: The Republican primary runoff for the 2nd Congressional District has been rescheduled from March 31 to June 23. 

The Mississippi legislature will be returning to Jackson on May 18 to continue unfinished business. While the state budget will be the priority, the legislature also has to act on repealers that are expiring on June 30.  

Repealers are sunset provisions that end an agency or program unless they are extended after a certain period of time. The legislature uses this tactic on a new program to force a re-evaluation (usually in two or three years) and possible changes. 

Most state agencies have a repealer on them, usually for four years, and extending this is often a formality without major changes. 

The cities that pass tourism related taxes on hotels and restaurants have a repealer and several cities — Pontotoc, Hattiesburg, West Point and Winona — have taxes that will expire due to their repealers. 

The biggest repealers that need to be dealt with by the legislature are the Education Scholarship Account program for children with special needs and the Public Service Commission, which regulates utilities. Without legislative action, the ESA program will end on July 1 and the PSC will cease to exist on the same date.

The ESA program could’ve been extended last year, but after a clean bill passed the Senate, the House Education Committee let it die without a vote. The sole remaining hope for the ESA program, Senate Bill 2594, changes the program for the worse in several ways.

One of those ways is that it will end the ability of parents to use ESA funds to pay for online programs and remove the ability for parents to allow their child to attend a school in another state (using the ESA to pay tuition) if there isn’t a school within 30 miles of their home.

The good news is the bill will extend the program to 2024. It passed the Senate and will be in the hands of the House once the legislature reconvenes.

As for the PSC, House Bill 1561 would extend the repealer for the PSC until 2024. The bill would also require the state’s two-investor owned utilities (which are regulated by the PSC) to incorporate the costs of purchasing electricity from renewable sources into the ratebase, meaning ratepayers will have to pick up the tab for wind, solar and biomass energy.

The bill was passed by the House and is now in the hands of the Senate.

As for some of the other repealers in need of legislative action, they are:

The city of Jackson cannot restrict your right to openly carry a firearm, whether we are under an emergency order or not. The Mississippi Justice Institute (“MJI”), a non-profit constitutional litigation center and the legal arm of the Mississippi Center for Public Policy (“MCPP”), has filed a lawsuit against this unconstitutional and illegal action on behalf of State Rep. Dana Criswell. 

On Saturday, Jackson Mayor Chokwe Antar Lumumba signed an executive order attempting to override constitutional rights and state law in order to prohibit open carry in the city. 

“A serious pandemic is not an opportunity for unconstitutional virtue signaling by grandstanding politicians,” said Aaron Rice, the Director of the Mississippi Justice Institute. “Mayor Lumumba has exploited the present public health crisis as a pretext to target law abiding people who are exercising their constitutional rights.” 

"As a citizen of the great state of Mississippi who has regular business in our capital city of Jackson, I was shocked by the recent announcement by Mayor Lumumba,” said Criswell. “I take the protection of myself and my family very seriously and believe deeply in the constitutional right to keep and bear arms. The mayor’s attempt to disarm me and deny me the ability of self-defense puts me and my family in danger anytime we are in Jackson.”

The U.S. Constitution and the Mississippi Constitution protect the right to openly carry firearms in public for self-defense, as do Mississippi statutes. A mayor does not have the authority to override these constitutional rights, even during a state of emergency. 

 “I have been honored to serve as an MCPP Contributing Fellow, and this lawsuit is precisely the type of important work that drew me to volunteer with MCPP and MJI in the first place,” said MJI volunteer attorney, Sterling Kidd. “The government must respect all citizens’ Constitutional right to protect themselves; arguably, a time of crisis is when that right is most important.” 

“While we are deeply saddened by the horrific crimes that have occurred in Jackson, those crimes have nothing to do with the current public health crisis or the right to openly carry a firearm in public for self-defense,” said Rice. “Mississippians should know that when the government tries to take away your constitutional rights, MJI will always be in your corner to help you fight back.” 

The lawsuit was filed in the U.S. District Court of the Southern District of Mississippi. 

A copy of the complaint can be read here.

A new order from the city of Philadelphia will prohibit anyone under 16 from entering a store in the city.

Posted on the city's Facebook page this afternoon, the order from Mayor James Young requires all employees and visitors to wear a mask in a store, much like Oxford, but goes a step forward by banning those under 16 from entering a business in Philadelphia.

Of Mississippi's 229 coronavirus-related deaths as of April 26, zero have been under 30. Meanwhile, less than 200 of the more than 6,000 cases in the state have been minors.

The executive order will be in effect for two weeks, expiring on May 11.

Violators could face up to a $500 fine.

As a virus sweeps across the nation, it was revealed that we were critically short on certain medical necessities including hand sanitizer, masks, and ventilators. Many feared for what would be a soon to come shortfall on these items that are medically critical to prevent further spread of the virus and effectively treat those who have it.

Thankfully, private enterprise has stepped up to the plate in a historic way. Businesses are transitioning to fill the existing gaps and provide the supplies that the country needs. In Mississippi, we have seen local business leaders bravely take risks in order to fill critical medical needs. 

A few days ago, I had the chance to speak with Wright Scott of Great Scott, a high-end clothing store from Jackson that many across Mississippi know well. Wright and his dad, who founded the company in 1986, have shifted their business and have now produced a large quantity of masks to support local healthcare workers.

It’s the classic American small business success story. What started as one man’s vision almost 25 years ago is now a thriving part of the North Jackson economy and culture. Esquire Magazine even ranked Great Scott in the top 50 of men’s stores across the entire country. Before the virus outbreak, they had a thriving professional clothing store, tailor, and even barber shop.

Unfortunately, the virus struck at the height of their events season from February to May, forcing them to shut down the store at a critical time. They acted quickly to transition their business model as much as they could. Great Scott has used a variety of technological approaches including email, texts, calls, and FaceTime to connect with their customers and check in on them.

A trip to New York, before the crisis began, showcased to Wright the rising trepidations over the virus, and he saw this upon his return to the store as more and more people feared the spread and began to change their habits. He knew that precautionary measures needed to be taken, and so the store took very early steps to guarantee as sanitary and safe an environment as possible. Wright noted to me that, “as a business, they just want to do the right thing.”

As of this writing, since shelter-in-place orders were enacted, approximately 26 million people have been forced to file for unemployment. Recognizing this, the blessing of continued employment has become all the more critical for folks trying to keep bread on the table. As Wright noted to me, “we consider everyone who works here as part of our family.” To Great Scott, this wasn’t just an aspirational principal, but something they acted on as they gave all of their tailors the opportunity to stay employed through the store.

Retaining their tailors allowed them to answer the call when Methodist Rehabilitation Center reached out to see if Great Scott might be able to make them masks. With haste, the experienced tailors of the store moved to begin making high end masks that would ensure the safety of MRC workers. Wright wasn’t the least bit surprised that his tailors were able to make the transition to masks, saying that “not only are they great tailors, but they’re great people. They can do anything!”

When it comes to reopening, the Great Scott team is hoping to get back to work as soon as possible, so they can begin once again making suits and reconnecting with their customers at the store. As to when this might be, Wright noted that he’s “hoping that’s sooner rather than later,” but his primary concern is everybody’s healthy and safety stating that, he “want[s] to do what’s best for the store, the employees, and also what’s best for everyone beyond his own walls.”

At the moment, Wright stated that they don’t have any plans to continue a luxury mask line once this crisis comes to an end, but he’s open to it if people want them. However, business will undoubtedly be different moving forward. We will likely see a transition to a shopping environment that continues to mandate limited numbers present in stores and alternative means of connection with customers, including digital options.

While many are likely missing the experience of shopping at Great Scott or getting a haircut or suit tailored there, I think that folks will appreciate the store all the more in the future, especially knowing how Wright Scott and his team took business risks to help his community when it was most in need. As Wright said to me with such great truth, “as a society we’ll emerge from this even stronger.” 

I think we all hope that that’s the case, and look forward to the day, not too far in the future now, that we can return to more regular work and life routines.

These actors deserve to be highlighted, and so the Mississippi Center for Public Policy is publishing a series dedicated to doing just that. Over previous weeks, we’ve highlighted businesses making masks, making hand sanitizer, and aiding the move to online education. We aim to continue showcasing the stories of these local businesses, who have willingly given up their normal operating procedures to help as many people as they possibly can.

If you know of a local Mississippi business that is helping those in need during this critical time, we’d love to highlight the work that they’re doing. Please email Hunter Estes via [email protected] to discuss further.

A protest to open Mississippi is scheduled for Saturday in downtown Jackson, and Gov. Tate Reeves says he supports the right of the protestors, even during the pandemic with much of the state shut down.  

The Open Up Mississippi Freedom Drive will meet in the parking lot of the Mississippi Farmers Market off High Street at 12 p.m. and drive by the Governor’s mansion. 

This is the latest organic freedom protest that has sprung up in response to government shutdowns of most states. Some of these protests have garnered national headlines, such as this tweet from the Raleigh, North Carolina police department: 

When asked about the protestors, Reeves said he would rather people not protest, but he supports their right to do so.

“I would rather people not be protesting, but I support and appreciate their right to do so,” Reeves said. “I think one of the fundamental foundational principles is individuals have the right to protest their government and their leaders. America is not China. Period.

Reeves announced today that he would be partially lifting the state’s stay at home order.

“People are upset and frustrated because of the challenges. We have 150,000 people on unemployment assistance. A large majority who had never been on government benefits. I get it. I understand their concern. 

“I support their right to gather and protest. I hope and pray they protest in a smart way. A drive by protest, honking their horn, is the right approach.”

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