Latest news with #Wingate
The Hill
21-07-2025
- Politics
- The Hill
Judge temporarily blocks DEI ban in Mississippi
A federal judge issued a temporary restraining order Monday blocking a Mississippi law prohibiting diversity, equity and inclusion (DEI) programs in public schools and colleges, citing First Amendment grounds. 'This Court finds that each day the statute remains unclarified, undefined, and under a threat of open interpretation, exacerbates the suppression of protected speech,' Judge Henry Wingate said in his ruling. The plaintiffs included the Mississippi Educators Association, which represents public school teachers, as well as student organizations and faculty at several state colleges, including Jackson State University, a historically Black institution. They argued that the Mississippi law had chilled free expression and forced them to cancel previously scheduled DEI initiatives or training. The law prohibits the promotion of 'divisive concepts' or programming that 'increases awareness or understanding of race, sex, color, gender identity, sexual orientation, or national origin.' In his ruling, Wingate argued that the law was unclear and could be construed to be enforced unevenly. 'Institutions have spent the intervening months attempting to interpret and implement the statute, often erring on the side of caution by canceling or defunding programming that arguably falls within its prohibitions. This prolonged period of uncertainty has deepened the chilling effect,' Wingate wrote. The parties are due back in court on July 23 for a hearing on a possible preliminary injunction, which would be a stronger block on the law. Mississippi is one of at least 16 states that have passed bills since 2023 restricting DEI in some way, including by targeting diversity statements, DEI-related courses, or mandatory training.
21-07-2025
- Politics
Mississippi judge pauses the state's ban on DEI programs in schools and universities
JACKSON, Miss. -- A Mississippi law that bans diversity, equity and inclusion programs from public schools and universities was temporarily blocked by a federal judge Sunday. U.S. District Judge Henry Wingate approved the request for a temporary restraining order brought by a group of plaintiffs, including the Mississippi Association of Educators. The ACLU of Mississippi, which represents the plaintiffs, said in a statement that the law imposes the 'preferred views" of Mississippi's state government on students, educators and families, violating the First and Fourteenth Amendments. 'We are fighting to protect the constitutional rights of teachers and students to share ideas and to receive and exchange knowledge,' the statement said. "We look forward to our day in court.' The temporary restraining order will stay in place until Wingate rules on the plaintiff's request for preliminary injunction, a longer-term order that would prevent the law from being enforced while litigation plays out in court. The ACLU of Mississippi said Wingate's order is a 'critical first step.' The law, which passed in April, bans offices, courses, trainings and programs relating to DEI, as well as a list of 'divisive topics.' Educational institutions found to be in violation of the law could lose state funding. In his ruling, Wingate cited instances where the law is already having an impact as part of his reason for siding with the plaintiffs. Faculty members at Jackson State University have been instructed not to discuss gender theory or systemic racism, he wrote. 'Suppressing constitutional speech through vague prohibitions and the specter of financial retribution does not serve the public good — it undermines it,' the ruling reads. Both parties will argue their case at a hearing about the potential preliminary injunction Wednesday.
Yahoo
21-07-2025
- Politics
- Yahoo
Mississippi judge pauses the state's ban on DEI programs in schools and universities
JACKSON, Miss. (AP) — A Mississippi law that bans diversity, equity and inclusion programs from public schools and universities was temporarily blocked by a federal judge Sunday. U.S. District Judge Henry Wingate approved the request for a temporary restraining order brought by a group of plaintiffs, including the Mississippi Association of Educators. The ACLU of Mississippi, which represents the plaintiffs, said in a statement that the law imposes the 'preferred views" of Mississippi's state government on students, educators and families, violating the First and Fourteenth Amendments. 'We are fighting to protect the constitutional rights of teachers and students to share ideas and to receive and exchange knowledge,' the statement said. "We look forward to our day in court.' The temporary restraining order will stay in place until Wingate rules on the plaintiff's request for preliminary injunction, a longer-term order that would prevent the law from being enforced while litigation plays out in court. The ACLU of Mississippi said Wingate's order is a 'critical first step.' The law, which passed in April, bans offices, courses, trainings and programs relating to DEI, as well as a list of 'divisive topics.' Educational institutions found to be in violation of the law could lose state funding. In his ruling, Wingate cited instances where the law is already having an impact as part of his reason for siding with the plaintiffs. Faculty members at Jackson State University have been instructed not to discuss gender theory or systemic racism, he wrote. 'Suppressing constitutional speech through vague prohibitions and the specter of financial retribution does not serve the public good — it undermines it,' the ruling reads. Both parties will argue their case at a hearing about the potential preliminary injunction Wednesday. The Mississippi Attorney General's Office declined to comment on the pending litigation. Solve the daily Crossword
Yahoo
15-07-2025
- Business
- Yahoo
Federal subpoena targets Jackson, MS, $89.8M Siemens settlement spending. See who was named
Federal authorities have subpoenaed a sweeping set of financial records from the City of Jackson and key parties tied to its 2020 settlement with Siemens Industry, Inc., demanding details on how the city spent or managed the nearly $90 million settlement after the failed water meter and billing system overhaul. The subpoena, filed Wednesday in the U.S. District Court for the Southern District of Mississippi, is part of two federal lawsuits against the city — one over years of raw sewage overflows into Jackson neighborhoods, and another filed after the 2022 drinking water crisis that left residents without running water for days. Together, the lawsuits accuse the city of failing to maintain its sewer and water systems in violation of federal environmental laws. Both cases are being overseen by U.S. District Judge Henry Wingate, who appointed Ted Henifin in 2022 to manage Jackson's failing water and sewer systems. Henifin later established JXN Water to operate the utilities under federal oversight. During a public hearing in June on another proposed rate increase for Jackson residents, Wingate shifted focus to the Siemens settlement, asking Henifin where the money went. Henifin told Wingate that about 33% of the settlement — slightly over $29 million — went to the attorneys representing the city. That left around $60 million for Jackson's use. Henifin also said he believed some of it was used to pay overdue water and sewer bills, but the rest couldn't be accounted for. Wingate then directed him to investigate. With Wednesday's subpoenas, it seems that investigation has begun. The four-page court order directs 10 parties — including the city's legal department, Department of Public Works, the Mississippi Department of Environmental Quality and Henifin himself — to turn over all documentation related to the Siemens settlement by early August. It comes only nine days into Jackson Mayor John Horhn's first term in office. Horhn could not be immediately reached for comment. Specifically, the U.S. Department of Justice and Environmental Protection Agency are seeking bank statements, disbursement logs, wire transfer records, internal memos and other documents that detail how Jackson received, allocated and spent the $89.8 million it recouped in February 2020. The settlement ended a years-long battle with Siemens, a multinational engineering and technology giant, over a $90 million contract the city awarded in 2013 to modernize its water billing system. But the project ultimately collapsed and left thousands of Jacksonians with faulty meters and inaccurate bills. The contract, dispute and settlement all took place during former Mayor Chokwe Antar Lumumba's administration. Lumumba is not named in the subpoena. Wednesday's subpoena suggests the federal government is examining whether any of those settlement funds were misused or improperly reported. According to the order, officials are particularly interested in whether the city used the money for debt repayment, infrastructure repairs, capital projects or any other financial obligations. The order commands production of any documents 'relating to the approximately $89.8 million settlement between the City of Jackson, Mississippi, and Siemens Industry, Inc.,' and notes that recipients must provide any records in their 'possession, custody, or control, or otherwise accessible.' "Judge Wingate's recent request for information relates to the $89.8 million settlement between the City of Jackson and Siemens Industry, Inc," JXN Water spokesperson Aisha Carson said in an email statement Thursday. "That settlement was managed by the City, and JXN Water was not a party to the lawsuit or the resulting funds. We understand Judge Wingate has asked for additional documentation, but this matter falls under the jurisdiction of the City of Jackson." Ted Henifin, JXN Water's federally appointed manager The City of Jackson's legal department and public works division The Mississippi Department of Environmental Quality The EPA's Region 4 office The U.S. Department of Justice Environmental and Natural Resources Division The subpoena was also sent to several law firms that represented the city during the Siemens litigation Lightfoot, Franklin & White LLC (Birmingham, AL) Winston J. Thompson III & Associates, PLLC (Jackson, MS) Barry W. Howard, Esq. (Jackson, MS) Ice Miller LLP (Chicago, IL) The city's lawsuit against Siemens alleged the company and its subcontractors failed to deliver a working water billing system, installed meters that often didn't register water usage and left the city with uncollectable accounts and massive financial shortfalls. Siemens, which denied wrongdoing, agreed to the 2020 settlement to resolve the matter. At the time, city officials said the recouped funds would help stabilize Jackson's water finances. The subpoena gives recipients 30 days to produce the documents. If the city or other parties fail to comply, they could face sanctions or further court orders compelling the release of records. The move marks the latest turn in Jackson's ongoing reckoning with its water crisis. Contributing: Pam Dankins, Clarion Ledger Contact Charlie Drape at cdrape@ This article originally appeared on Mississippi Clarion Ledger: The DOJ issues subpoenas in Jackson MS Siemens payout
Yahoo
15-07-2025
- Politics
- Yahoo
Judge holds off decision for proposed Jackson water rate increase. When will ruling come?
U.S. District Court Judge Henry Wingate and JXN Water's Interim Third-Party Manager Ted Henifin continued to hear the public's concerns about a proposed water rate hike during a Tuesday, June 17, status conference. The first day of the public hearing happened Monday, June 16, inside the Thad Cochran United States Courthouse, and resumed for a second day on Tuesday, June 17. The new rate increase would raise the average residential water bill from approximately $76 per month to $85 per month — up $9 a month, or roughly 12% higher than current rates. That also represents an increase of about $0.30 per day for average customers. In April, all six members present on the Jackson City Council voted to oppose the proposed water rate increase. Jackson Mayor Chokwe Antar Lumumba has previously stated he is not in favor of the hike as well. The council's vote carries little real weight as a 2022 federal order allows Henifin to implement a rate increase with only Wingate's approval. Henifin has warned that without the increase, JXN Water would exhaust the federal funding allocated to the city's water system in 2022. Henifin stated the utility is operating at a financial deficit of $3 million per month. That could slow the pace of repairs to the water system, Henifin has said. JXN Water stated a rate increase is needed to cover debt incurred by the City of Jackson for its water and sewer system from 1993 to 2013, that the utility was required to assume by the federal court. On Tuesday, Wingate did not make a ruling on the rate increase. Wingate said his decision will be a bench opinion, a decision made by a judge inside the courtroom. "As I stated before, we did this because we wanted to have input," Wingate said. "And now, I'm going to put together all of the information I've heard and make some final determination. "We do have a new administration about to come in Jackson. Now, that administration had asked that I do not make a decision too quickly before they have a chance to learn something about this matter. I want them to know as much as possible, but unfortunately, we can't wait forever for them to be brought up to speed. No decision will be made this week, but I can't speak for next week because my pen is itching to move on this matter." If approved, it would mark the second water rate hike for Jackson residents in under two years. All city council members abstained from voting on increasing the city's water rates in March 2024. Anti-Trump protest in Jackson: Thousands turn out for 'No Kings' protest against President Trump at MS State Capitol The hearing on Tuesday ran from 1 to 3 p.m., seeing minimal turnout and no council members present. Attendees were mostly media and legal personnel. The court heard from one community member who opposed the rate hike and from Henifin who reiterated the need to increase the rate. Jackson resident Oliver O'Quinn argued in the courtroom for the utility to "force payments or shut off the water" for non-paying customers, saying the issue would "keep going on and on" without consequences. O'Quinn questioned why the debt burden must fall on paying customers. "To me, it's not fair to charge the people that don't owe the water company anything, and charge them because people haven't paid," O'Quinn said. "I would suggest that you go after the people that owe you the money. Don't just take it from people that don't owe you nothing." In response, Henifin said, "I would like to reemphasize a driving point here, over the last two days. Even if 100% of the people pay their bills, we fall short of meeting our obligations." The city's worst debt offenders appear to be tied to apartment complexes. During Tuesday's hearing, Henifin revealed that approximately 138 apartment complexes owe $7.5 million to JXN Water. The top 15 owe $5.7 million, alone. The outstanding balance was accrued over a 2-and-a-half-year period, as stated by Henifin. MS law enforcement on reducing crime: Jackson hosts metro law enforcement crime summit on gang, youth violence in Mississippi Henifin said apartment complexes cite various "excuses" for not paying their debts, such as never receiving bills and needing a "bigger adjustment" on leaks, with reasons that "go on and on." Shutting off the water at those complexes has been a matter of discussion, Henifin said. "We've posted signs, at the top 15, to notify the residents to be prepared for water shut off, as a courtesy for the people who are living there because they're the ones that are going to be impacted," Henifin told the Court. According to Henifin, nearly 2,500 accounts — mostly families under one account — could lose water at the top 15 complexes. "The average family size in Jackson is around 2.7 people per family. So, round it to three because I've yet to meet the .7 person," Henifin said. "Three people for those 2,500 units. You're really talking about 7,500 people impacted." Precinct captains discuss crimes: What crimes does your Jackson precinct face? Here's what each precinct captain said Henifin said the utility plans to sue the owners to recover unpaid balances before tenants face any water shutoffs. No litigation costs have been factored, according to Henifin. Wingate asked Henifin, "What other avenue can you think of at this juncture, short of litigation route, to get these folks to pay?" "We haven't come up with anything other than that," Henifin told the Court. Shortly after, Wingate then posed a question to O'Quinn asking, "What should we do?" "I think you should go to the governor," O'Quinn said. "Let the state take on this problem and pay the bill. They have money. Let them pay the bill, and they fight the people that owe money. Y'all, lawyers and judge, you know what to do. Don't just grind the citizens of Jackson down." In response, Wingate said, "What you mean, go to the government and let them do it? What's your theory as to how we do that?" "Get the money?" O'Quinn said. "Yes," Wingate answered. "I couldn't tell you. If I could tell you that, then I'd be up there where you at," O'Quinn said. A few laughs rung out across the courtroom at O'Quinn and Wingate's interaction. Pam Dankins is the breaking news reporter for the Clarion Ledger. Have a tip? Email her at pdankins@ This article originally appeared on Mississippi Clarion Ledger: Jackson water proposed rate increase discussed at public court hearing
