One year after the Mississippi Justice Institute filed a lawsuit against the city of Jackson, the city council has repealed their buffer zone ordinance that restricted free speech around abortion clinics.
Last October, MJI and members of Sidewalk Advocates for Life – Jackson, Mississippi launched a constitutional challenge to Jackson’s prohibition on pro-life counseling and other free speech outside the state’s only abortion facility.
"We are pleased that the city of Jackson has decided to do the right thing and end this unconstitutional restriction on free expression," said Aaron Rice, Director of the Mississippi Justice Institute. "This is a major victory for free speech for Jackson and the state of Mississippi.
The old ordinance banned individuals who are near health facilities from approaching within eight feet of any person without consent, for the purpose of engaging in various forms of speech such as counseling, education, or distributing leaflets; bans people from congregating or demonstrating within 15 feet of the abortion facility, and bans any amplified sound. Violations of the ordinance could have result in fines of up to $1,000 and 90 days in jail.
"Sometimes, the law ends up being what it should be, and this is such a time," said Andy Taggart, a founding partner in Taggart, Rimes & Graham who served as pro bono co-counsel. "The city of Jackson has rescinded an ordinance that should have never been the law to begin with, and, at least for now, things are set right."
Mississippians, like all Americans, are buying more guns now than ever before. There was a sharp increase at the beginning of the pandemic and if trends are any indication, those numbers will only go up with a new Democratic administration.
According to NICS data, more than 32 million background checks have been conducted this year. The year prior, there were about 28 million background checks – which was a record at the time. But it would only last a year.
In Mississippi, there were 27,815 checks in October. A year ago, that number stood at 19,167. Going back to the beginning of the pandemic in March, there were 33,000 background checks completed in Mississippi compared to about 23,000 in 2019.
And a large chunk of this is first time buyers.
"Retailers reported an increased number of first-time gun buyers, estimating that 40 percent of their sales were to this group," the National Shooting Sports Foundation announced in early June. "This is an increase of 67 percent over the annual average of 24-percent first-time gun buyers that retailers have reported in the past."
A year ago, Michael Bloomberg, one of the most infamous (and wealthiest) gun control advocates in the country, said that members of a church should not carry guns and defend other members as happened last year. Rather, we should wait for law enforcement.
That comment didn’t age well.
That is why we saw uncommon spikes this summer in the midst of riots and looting across the country. In June there were 3.9 million background checks nationwide. An increase from 2.3 million the year prior. If law enforcement is unable – or in some cases unwilling – to protect your property, residents are doing it. As they should.
Because regardless of who the president is or if a city council that wants to ban gun shows, Americans will continue to own guns and purchase new guns when they feel it is necessary.
“It was a fairly slow Friday afternoon. I was just beginning to dive into my lengthy ‘to-do’ list, when the painful sensation in my chest reminded me that I needed to pump. I don’t ever have to add that on my ‘to-do’ list, as my body never fails to remind me.
“So like millions of working moms, I attached the Medela pump and continued checking off my tasks alone at my desk in my office and maskless. Being an owner of a small business, this routine has become quite normal.
“Suddenly, one of my employees runs into my office and informs me that two officers from the Columbus Police Department have entered the store and are writing my husband a citation. As any concerned wife, especially one who has never had to add ‘police’ to her ‘worry-list’ (clearly I have a thing for lists), I was shocked and scared and so I jumped up as quickly as possible to see why my husband was being ticketed.
“I rounded the corner, with only two out of my six buttons buttoned, when I made eye contact with the policemen, issuing a citation to my husband. ‘You’ll be getting one too,’ the officer said. ‘No mask!’
“I was pumping. Alone. In my office. My employee ran in to tell me that they were here writing tickets. I had to turn off the machine, detach the pump from my breast, snap my bra in place, and run to the front of the store while buttoning my shirt.
“I could either have either put on a shirt or put on a mask.
“It was sad I even had to choose.
“My husband, my employee and myself all got ticketed today for violating the mask mandate.
“Being ticketed for not wearing a mask while alone and in my office...I added that one to my ‘bull-sh*t list.’”
Corie Walters
The Bride and Groom
Columbus, Mississippi
Closed businesses. Record unemployment. We have all seen the economic devastation caused by the coronavirus pandemic. Unfortunately, government may be exacerbating that devastation with ordinances which haven’t kept up with technology by restricting your ability to run a business from your home.
Thanks to the internet, smartphones, and social media, it is easier than ever to start and thrive in a home-based business. That’s why it’s becoming more and more popular. Today, there are some 38 million home-based businesses in America. An increase from 27 million less than a decade ago. About half of all small businesses are home-based, according to the Small Business Administration.
And for many, home-based entrepreneurship is a great opportunity. Yes, with hard work you are able to earn a very good living, but with this you are also able to set your own schedule, follow your passions, and spend more time with your children and your family.
Unfortunately, before you get started, you may face a myriad of regulations, restrictions, and fees from local governments. Some, such as restrictions on excessive parking, signage, or noise, are understable. But that can be and usually is handled by general zoning ordinances that have nothing to do with home-based businesses. Instead, we have ordinances limiting who can work in your house and how much square footage your business can use. And you probably have to pay a governmental fee for permission to work
In Southaven, no more than 25 percent of your house can be used to conduct your business. In Biloxi, it’s only 20 percent. In Jackson, you have to be a family member residing in the house to work. Meaning, you can’t grow your business and hire one or two employees. Similar restrictions also apply in Southaven and Biloxi.
Here is what this means: You can have two friends over, and they can be at your home all day. They can park in your driveway. But the moment you go from talking to one another to talking to a client on the phone, it becomes illegal. Even though nothing inside or outside the home has changed. Each city also has a vague prohibition on equipment that isn’t used in the normal operations of a home.
In what world does this make sense?
These local restrictions are part of a national problem. An Arizona woman who ran a medical billing company from her home had to shut her business down after running afoul with the local government. A local government in Georgia shut down a videogame blogger whose primary business was uploading YouTube videos from his house. Nashville sent a cease-and-desist letter to a record producer who had a recording studio in his garage. Similar stories abound.
These restrictions do nothing to protect the integrity of a neighborhood. They don’t have anything to do with “health and safety.” All they do is wreak havoc on your ability to earn a living at home. And their impact is felt all the more during the pandemic.
To protect home-based businesses, the state has the ability and obligation to provide clarity for entrepreneurs. A “no impact” home-businesses is one that doesn’t cause a disruption, and which wouldn’t otherwise be distinguishable from a home without a business. Such a business should be exempt from onerous regulatory requirements, such as a “bookkeeping fee.” It should not be restricted from having employees or forced to calculate what percent of the home is used for business.
We don’t know what the economy will look like in 10 years. We don’t even know what it will really look like in a year or two. But we do know we shouldn’t turn honest, hardworking individuals into criminals. Instead, the government should get out of the way and allow, and even encourage, entrepreneurs to pursue their dreams, to start a home-business, and to grow and flourish, not only for their own betterment but that of their community.
This column appeared in the Commercial Dispatch on September 27, 2020.
“Our farm is Heaven’s Blessings Family Farm.
“We raise sheep, goats, and our food. We have started raising mini Jersey and Dexters over the last six years. We bought standard Jersey again this year and also added Lowline Aberdeen. We also have chickens and Hereford hogs and Duroc. We sell calves from our cows once they are weaned, halter trained, and will lead. We have sold eggs and hatched eggs to sell chicks, but we no longer do at this time.
“We have had several people ask us to purchase raw milk, but we aren’t allowed to do that in Mississippi.
“We put a lot of money into our animals for feed, hay, vets, minerals, vitamins, plus meds when needed. If we could sell our milk, butter and other things we grow or make it could help with these costs.
“Our farm would actually support itself and we wouldn’t have to take our earned money off our jobs if our farm could supplement our income.”
Johnny and Carrie Beal
Heaven’s Blessings Family Farm
Richton, Mississippi
“I started this business when I was 16 years old. We specialize in self-defense. But I did not realize when I opened that I would need self-defense not only from a virus, but also from our government.
“I got started with martial arts when I was five years old. I had the opportunity when we moved back to Mississippi to get introduced to Gracie Jiu-Jitsu. Through training for several years, I learned about the instructor certification process and program. I was given the opportunity to get certified when I was 16 years old and opened the school here that same year.
“I was homeschooled from fifth grade on and I was never really held back by age. My parents were super supportive in my endeavors as far as opening the school. No doubt it was absolutely terrifying and super scary initially because you’d have a 16-year-old teaching people two or three times his age. And having to make big decisions that affect the business.
“Ultimately, it’s been my passion, my love, and I wouldn’t trade it for the world.
“When we first started, we started with absolutely nothing, we had zero students, zero anything. We had a beautiful school, beautiful facility, with nobody. Shortly after that we started building up our clientele base through word of mouth, social networking, things like that. Built a solid clientele base, got to over 200 students, and then March 4 everything kind of went sideways.
“The roof from the building across the street from us flew into our building with the storm. We got hit with that, completely wrecked the school, broke out front doors, destroyed our women’s locker room, destroyed our mats. The following week all of the COVID restrictions came down the pipeline. To say that hurt would be a very big understatement.
“Our clientele base started slowly dropping off and then we dropped off like crazy. We lost over 50 percent of our students, that’s kids and adults. One, because of fear of getting out, and the government restrictions, not wanting to do a class where they can’t get the full impact and full potential of the program.
“With that being said, insurance is still wanting their money. Our bills haven’t gone down by 50 percent just because we lost 50 percent of our clientele base. We’re still plugging away. We’re still trying to make everything happen. We have employees who we’re trying to keep food on the table and unfortunately the regular costs have not gone down just the clientele base all because of COVD.
"Small businesses are absolutely essential. A community cannot survive without the small business in it."
Houston Cottrell
Gracie Jiu-Jitsu
Madison, Mississippi
“I run Bailey Farms and would like to see food freedom expanded in Mississippi.
“We have a small farm. Ten or so beef cows, three jersey dairy cows, a few pigs, and a yard full of chickens.
“We just recently sold out our commercial rabbitry. We had around 100 breeding doe rabbits. So with all the kits and fryers we usually had around 500 rabbits at one time. Now we are slowly growing a small calf cow operation with the intent of selling some grass-fed beef in the future. I am currently clearing more land for pasture.
“If I were milking 10 cows, I could sell every drop of raw milk. There are studies that show the benefits of raw milk. I encourage everyone to do their research.
“I know people question raw milk but do your own research and make an informed decision. If you think it’s dangerous, don’t buy it. We use belly style milkers that are cleaned and sanitized after every use. I literally see every ounce of milk we pour into glass jars.
“I would encourage people considering raw milk to visit their local dairy farm and decide for themselves. We have healthy happy cows that live in pastures and eat grass. Mississippi State’s dairy cows spend 3/4 of the year living on concrete.
“If you buy a bad gallon of milk at the store, you pour it out and go back to the same store and buy another.
“If I sell bad milk (which is hypothetical of course because selling raw milk is illegal), people won’t come back. So, I have an increased sense of awareness to making sure everything is clean and sanitized.”
Heath Bailey
Bailey Farms
Eupora, Mississippi
"I moved back to Mississippi to be near my mom and stepdad.
"My plan was to transfer my teaching license because the state reciprocates with Arkansas. I thought it would be easy.
"When I was trying to transfer, the Board kept saying they never got my transcripts for any of my colleges. It turns out all were there, and I didn’t know at that time. I was upset because it had been over a month, and all my colleges had received my payment and verified my transcripts were sent. I had a job pending for a month which I lost.
"Because of this, I was unemployed for eight months. I finally got the issue resolved and went back to teaching.
"All states claim to have teacher shortages, but they make it impossible to move from state to state. It was never easy. I thought when states reciprocated it was a quick and easy process. It’s not! Every state requires all the same documentation – pay for transcripts from every college you attended, not just where you got your degree, all your Praxis test scores, etc. it cost a lot to be a teacher. Test are about $150 each. And states require different scores even on the same test.
"When a state says it reciprocates, I was told in 48 to 72 hours I should have my license. That’s far from the truth."
Dawn Roy
Long Beach, Mississippi
“I grew up in Vicksburg. I graduated from Mississippi State in 1995. After graduation, I moved to Pensacola, Florida and in 2002, I finished the cosmetology program at Pensacola Junior College.
“I passed the state board exam in Florida in September 2002. I have never had any infractions or paid any fines. My license has been in good standing, and I’ve always paid my dues on time. In 2014, my husband took a job at Mississippi State and we moved to Starkville. Our sons were seven and four. By that time, I had been working behind the chair for 12 years.
“Mississippi has no reciprocity with the state of Florida. I reached out to the State Board of Cosmetology office in Jackson during the first year that we lived here and was given inconsistent information. The basic information was this: the state wanted to see my transcripts, and then, I would probably have to go back to school to complete the difference in hours required by Mississippi. Florida requires 1,200 hours of instruction, and Mississippi requires 1,500 hours. I had to find a school that would allow me to complete 300 hours.
“During the summer of 2014, I had my transcripts from both MSU and PJC transferred to the Board’s office. There was lots of concern over whether my 1,200 hours at PJC were in a classroom or on a salon floor. There was never an explanation as to why that mattered, but I was reminded that Mississippi does not have reciprocity with Florida and told that the state didn’t have to allow me to get a license at all. I eventually received a letter that read that the Board did not accept my license from Florida.
“I spent the next six months emailing and calling East Mississippi Community College and a beauty school in Aberdeen. After weeks of emails, EMCC finally told me that my part-time enrollment would take a spot from a full-time student. The other school just wouldn’t answer their phone. I left messages repeatedly, and when they were finally returned, there was never sound information, as if they had no idea what to do with me. They did have class from 8-4 p.m. everyday. So, it would have taken me around 9 weeks to complete.
“In 2019, I considered living with my mother in Vicksburg over the summer and attending a cosmetology school in Clinton. The owner there told me that reciprocity-seeking students were not welcome there because if the student failed the state board exam, then their accreditations would be negatively affected.
“I think my biggest frustration was that the Board would tell me that my license was not valid here but that I could go back to school. Then, when I called the schools, they would give me reasons why I couldn’t or that they weren’t sure how to ‘instruct’ me. And there aren’t many cosmetology schools in the area.
“The plan was for me to go back to work once we moved back here. I had only worked part-time at a salon chain after my second son was born in 2010. My husband worked for a professional baseball team before taking the job at MSU, and there was a bit of a pay cut.
“But I was excited about building a clientele and hoped to have my own business. It all proved to be much more challenging than I thought. Not only would I have the 2-hour daily drive to Aberdeen, but also, the cost of school. And I would have to arrange care for my children after school, which would be another significant cost.
“That is a huge burden to saddle someone with who has a license in another state with a spotless record and who has worked behind the chair for over 10 years.”
Dana Presley
Starkville, Mississippi