U.S. District Judge Henry Wingate smiles on Aug. 19, 2022, in Jackson, Miss. Wingate ruled Thursday, June 1, 2023, that the Mississippi chief justice cannot be a defendant in a lawsuit that challenges a state law dealing with appointed judges. (AP Photo/Rogelio V. Solis, File)
- “Until this court determines whether to relinquish its authority over the water and sewer system, the status quo must remain undisturbed,” Judge Henry Wingate ordered.
A federal judge on Thursday granted a temporary injunction preventing a new state law from placing the Jackson water and sewer systems under the control of a nine-member regional authority next year.
U.S. District Judge Henry Wingate said he needs additional time to examine HB 1677, which the governor signed in April, before he makes a ruling. The City of Jackson has five days to file its brief in the matter while the other parties have until May 10.
“Until this court determines whether to relinquish its authority over the water and sewer system, the status quo must remain undisturbed, because this is an ongoing piece of litigation before the court,” Wingate ordered. “The public’s interest is best served by administrative stability, not a war between the federal manager and a nascent state authority.”
Wingate’s ruling also stated that the authority cannot take any action, except for seating board members, until the judge issues his final decision. All board members are to be appointed by May 1. The cities of Jackson, Byram and Ridgeland have announced their appointments to the authority, as has Lt. Governor Delbert Hosemann (R). The appointment by Governor Tate Reeves (R) has not been announced.
Jackson contends that only the federal court can determine what happens next with the City’s water system.
Additionally, the City has expressed strong opposition, saying the newly created Metro Jackson Water Authority does not give the city enough representation. When Jackson filed its injunction request earlier this week, it stated that the City needs more representation on the authority because the City is responsible for the maintenance and operation of the system. The City noted that it is also liable for the estimated $130 million to $150 million in outstanding debts the system has incurred after years of poor maintenance and operations.
Jackson Mayor John Horhn (D) said it was right for Judge Wingate to block the law for now as the thorny legal questions are decided.
“Just as the city is concerned about the state encroaching on Jackson’s authority to manage its affairs, the court likewise has questions as to whether the state encroaches on federal authority regarding the future of Jackson water and wastewater,” said Mayor Horhn.
Currently, the system is administered by a federally appointed interim third-party manager, whose tenure ends in 2027.
Judge Wingate said it appears the new law and previous court orders concerning Jackson’s water and sewer systems conflict. The solution, he said, is a transition plan “negotiated by the third-party manager, with input from the city and oversight from the court.”
The federal judge added, “The court has set out in its orders a transition plan that, thankfully, includes city input.”
“This state law does everything it can to remove that city input,” Wingate said.
John Sneed with the Mississippi Attorney General’s Office said the U.S. District Court should deny the motion, given that the City did not follow correct legal procedures.
“They don’t have a complaint. They don’t have a claim. They don’t have the proper parties in this court,” Snead said in representing the State of Mississippi. “There must be a claim before there can be a remedy. That’s, in a nutshell, our position.”
Daniel Tyson
