The city of Jackson plans to resume litigating the lawsuit that would allow the state to take control of the Jackson-Medgar Wiley Evers International Airport.
The U.S. Fifth Circuit Court of Appeals dismissed on April 2 the Jackson Municipal Airport Authority’s (JMAA) appeal, stating that none of the original intervenors in the case are still on the airport authority’s board.
The case was sent back to District Court. Judge Carlton Reeves has scheduled a status hearing on April 29.
Jackson Mayor Chokwe Antar Lumumba released a statement on April 2 that said the Fifth Circuit’s decision did not resolve any issue adversely to the city. “All it did was dismiss the appeal on a procedural ground and send the case back to the district court without deciding anything,” he said. “Once the case is back in district court, the city will resume litigating the case along with the other plaintiffs. Today’s ruling ultimately changes nothing.”
The lawsuit dates to 2016 when former Gov. Phil Bryan signed Senate Bill 2162 into law. The law amended the Mississippi Code to abolish the Jackson Municipal Airport Authority, which operates the Jackson-Medgar Wiley Evers International Airport, and replace it with a regional board known as the Jackson Metropolitan Area Airport Authority.
JMAA filed against lawmakers for passing legislation that would take control of the airport from the majority-black city of Jackson and give it to a commission with members appointed by mostly white statewide leaders.
The authority’s lawyers accuse the legislators who wrote the bill with racial discrimination and seek electronic conversations from them to prove it. Whether those discussions are privileged and cannot be released is a matter for the court to determine.
Proving racial discrimination is difficult, said Matt Steffey, professor of law at Mississippi College School of Law.
“The law requires proof that the takeover was done with a racially discriminatory purpose,” he said, “that is, the subjective purpose was, at least in part, to discriminate on the basis of race, what the law calls ‘racial animus’ or discriminatory intent.
“It’s not enough that the lawmakers knew it would have a racially discriminatory impact, unless they took the action ‘because of’ the racial impact, not ‘in spite of’ it.’”
Josh Harkins, a Republican senator who represents District 20 and was among authors of Senate Bill 2162, said he thought the bill was a good idea in 2016 and he still thinks it’s a good idea.
“I felt like the makeup of the board (JMAA) wasn’t indicative of what it needed to be,” said Harkins, who wrote the bill along with Dean Kirby (R-District 30), Philip Moran (R-District 46), Chris Caughman (R-District 35) and former Sen. Nickey Browning (R-District 3).Harkins believes the airport authority has not done enough in “making the airport what it could be” and in attracting new airlines.
Like many travelers Harkins said he had both good experiences at the airport and also experienced delays, but he wants the airport to be successful.
The airport authority operates both the Jackson-Medgar Wiley Evers International Airport and Hawkins Field Airport. The Jackson-Medgar Wiley Evers International Airport, one of the busiest in Mississippi, provides service to several of the world’s busiest global hubs and is home to the Mississippi Air National Guard 172nd Airlift Wing. Hawkins Field Airport is a general aviation airport that houses two emergency response medical air transporters and the Civil Air Patrol and is home to the Mississippi Army National Guard 185th Aviation Brigade.
The Jackson-Medgar Wiley Evers International Airport provides service to more than 1.2 million passengers per year.
The Jackson-Medgar Wiley Evers International Airport sits in the middle of Rankin County, is important to the entire metro area and should have more representatives than just those determined by the city of Jackson, Harkins said.
The Jackson-Medgar Wiley Evers International Airport is governed by the airport authority, a five-member panel with all members appointed by the Jackson mayor.
The law that is being contested would change the panel to include nine members, with two individuals appointed by the governor and one member each appointed by the Jackson mayor, the Jackson city council, the Madison County board of supervisors, the lieutenant governor, the adjutant of the Mississippi Army National Guard and the executive director of the Mississippi Development Authority.
Both governor’s appointees must have a “valid pilot’s license or certification issued by the (FAA),” the law states. Other commissioners must have experience in other fields, including accounting, financial analysis, executive management in business, experience in aviation, economic development, commercial, construction or aviation law, engineering or in dealing with public financing transactions.
Harkins believes individuals named to the airport authority should not be political appointees but have credentials that would be helpful in making decisions to ensure the airport succeeds.
By contrast, Jackson Municipal Airport Authority board members must simply live in the capital city, be named by the mayor and approved by the city council. The airport authority commissioners oversee the finances and operations of the Jackson Airport, define its strategic goals and appoint its chief executive officer, who is responsible for implementing the board’s plans.
Members of the Jackson Municipal Airport Authority are Warren T. Herring, chairman; Sharon F. Bridges, vice chairwoman; Rickey D. Jones and Rica Lewis-Payton. There is one open seat on the board.
Rosa M. Beckett is the CEO.
