Just three days after Mississippi Justice Institute filed a lawsuit against Jackson Mayor Chokwe Antar Lumumba’s order banning open carry, the mayor appears to be backing down.
The order expires today with Lumumba choosing not to renew it, even though he previously indicated he might extend the open carry ban, and even though he did extend portions of his “stay at home” order.
“We are glad that Mayor Lumumba appears to have realized that he cannot lawfully disarm law-abiding citizens and ‘suspend’ constitutional rights,” said Aaron Rice, the Director of the Mississippi Justice Institute. “Now, more than ever, we must remain vigilant to protect our civil liberties. MJI will always be here to fight for Mississippians when an overbearing government tries to infringe on the freedoms that are the strength of our state and our country.”
MJI, a non-profit constitutional litigation center and the legal arm of the Mississippi Center for Public Policy, brought the suit on Monday on behalf of State Rep. Dana Criswell.
“We are pleased that the mayor decided to do the right thing,” said MJI volunteer attorney, Sterling Kidd.
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.
MJI will continue to monitor the situation to ensure the ban is dropped and to explore any potential legal remedies.
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.
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.”
Beginning Saturday, everyone working at or visiting a business will be required to wear a mask in Oxford.
According to the Oxford Eagle, the city updated their emergency order today. Businesses must monitor all points of interest and prohibit those not wearing a mask from entering their establishment. If businesses are not following the ordinance, they could be issued a ticket and subsequent fine from a municipal judge.
According to Oxford Mayor Robyn Tannehill, the city adopted the ordinance because city residents called government officials to complain of people in stores not adhering to proper social distancing guidelines and not wearing masks.
The order will remain in effect until May 18.
The Greenville City Council has updated their ordinance that previously prohibited drive-in church services less than a week after Mississippi Justice Institute filed a lawsuit on behalf of the King James Bible Baptist Church.
As members recently arrived at church, they were greeted by virtually every member of the Greenville police department and threatened with fines as they arrived for drive-in church services that evening.
MJI, a non-profit constitutional litigation center and the legal arm of the Mississippi Center for Public Policy, along with First Liberty Institute, the largest legal organization in the nation dedicated exclusively to defending religious liberty for all Americans, then announced a challenge to the city’s ban on drive-in church services.
On Tuesday, the city revised their policy to expressly permit churches to host drive-in services.
King James Bible Baptist Church, and others, will be able to continue to freely worship in a way that is safe and consistent with their religious beliefs and practical needs.
“I have owned my business for 33 years. My husband and I both have small businesses. I know there are a lot of people struggling that are also self-employed.
“I will say that the help has been very disappointing. No SBA loan, no PPP loan, no stimulus check, and no unemployment.
“Right now, there is no income for our family. We have to open soon, or we will not have any businesses. They both will be gone. Our economy cannot hold out any longer. So please open it up so we can survive.
“I don’t know how this will turn out, but I keep my faith and I will survive.”
Deshea Dilmore
Gaeleria The Salon
Ridgeland, Mississippi
“I have short-term and long-term rental properties in Oxford.
“At this point I have only seen my Airbnb take a hit, but I'm pretty worried about the rumors for football to not come back or even a possible cancelling of the fall semester. I can handle the loss in Airbnb revenue, though that's about $6,000 this summer alone. I can't handle the loss of the five other homes and that rental roll being taken away.
“I also have an ownership interest in a company that's a Grove vendor. We set up TVs and satellite dishes for other tent vendors across the Grove. Bookings are pretty dead right now as everyone waits to see what is going to happen.
“I don't know of any business that plans on 3-6 months of zero revenue. I understand having cash reserves and trying to be prepared for contingencies in business, but no business owner plans for losses of revenue ranging from 50-95 percent for months.
“I'm just ready to see the economy turned back on and the government to get out of the way.”
Nathan McCartney
Real estate investor
Oxford, Mississippi
Gov. Tate Reeves said today that the state will make final decisions about the current shelter-in-place order within the next 36 to 48 hours.
"We will take the position that every business is essential to the person that works there, and that it is certainly essential to the small business owners who employ those individuals," Reeves said.
The current order expires on April 27.
Reeves said it was too early to provide a definitive statement on what the order will look like, but that they will rely on data from various industries, while taking a localized approach, either regionally or on a county-by-county basis.
"I do not think there is a high probability that we will extend the shelter-in-place in its entirety," Reeves added. "As we look at various regions, industries, its fair to say we will continue to loosen restrictions from state government with respect to shelter-in-place."
The recovery will likely be rolled out, much as the original order was as it was put in place.
"We were slower than most, intentionally so, and I would argue correctly so, in putting the shelter-in-place order in effect," Reeves said. "We took measures throughout that process, which eased us into it. I think what you will see over the next two, three, four weeks is measures that incrementally get us out of it."
As for restaurants, Reeves hasn't made a final decision on how or when they will be able to open.