NAACP sues Mississippi over ‘state takeover’ of Jackson’s policing and courts

The NAACP is challenging Mississippi Gov. Tate Reeves and other officials over the passage of two bills that would expand state control over Jackson’s policing and judicial system.

The NAACP said the bills are unconstitutional, are opposed by lawmakers and residents and “represent a state takeover of Jackson.” 

“As our country continues to face the reality and consequences of our broken law enforcement and criminal justice systems, passing legislation to increase policing, install undemocratically appointed judges, and infringe on the constitutional right to protest is simultaneously irresponsible and dangerous,” NAACP President Derrick Johnson, also a resident of Jackson, said in a statement.

What would the bills do?

Reeves signed House Bill 1020 and Senate Bill 2343 Friday. The House measure expands the Capitol Complex Improvement District to approximately 17.5 square miles in Jackson, according to the lawsuit. The Senate plan gives Capitol Police primary jurisdiction within the expanded district and “concurrent” jurisdiction with the Jackson Police Department beginning July 1, according to Reeves.

The House plan also creates a new court within the district with a judge appointed by the Mississippi Supreme Court chief justice, the NAACP said. The judge is not required to live in Jackson. The new court will handle misdemeanor cases, traffic violations and initial appearances for some criminal charges, and people convicted there may be put in a state prison rather than city or county jail.

Civil right organizations, local leaders oppose the legislation

Jackson is led by Democrats and about 83% of its residents are Black. The legislation was passed by a majority-white and Republican-controlled state House and Senate. Some, like Jackson Mayor Chokwe Antar Lumumba, have compared the creation of the unelected court system to Jim Crow and apartheid.

The laws violate the Fourteenth Amendment, and are designed to create a “separate and unequal” law enforcement and criminal justice system in Jackson, and suppress Black resident’s exercise of their First Amendment rights, according to the lawsuit filed Friday on behalf of the NAACP, Johnson, and other local advocates. The bills will restrict residents’ ability to protest near state property because the legislation requires written approval before “any event” occurs, according to the lawsuit.

“Taken together,” the lawsuit says, “these provisions strip Jackson residents, including Plaintiffs, of their rights to enjoy the full protections of the law and to exercise the same civil liberties as other Mississippi citizens.”