Monday, March 30, 2020

Americans: "Salty, Tough SOB's...that will not be defeated"!

Rep. Brian Mast (FL 18) gave a great floor speech. We will prevail!

 


Text of Rep. Mast's floor speech:

"I WOULD RATHER DIE THAN SEE MY COUNTRY STUMBLE OR FALL. AND BY GOD, I MEAN THAT AND I DON'T THINK I'M THE ONLY ONE IN THIS BODY THAT FEELS THIS WAY. I'M WORRIED THAT AS A RESULT OF A VIRUS THAT WAS BORN IN THE DISGUSTING MARKET IN WUHAN, CHINA, THAT WAS HIDDEN FROM THE WORLD THAT OUR COUNTRY MAY STUMBLE. BUT I CAN TELL YOU THAT THAT WORRY HAS SUBSIDED QUICKLY FOR ME AS I LOOKED AROUND MY OWN COMMUNITY AND REALIZED AGAIN THAT AMERICANS ARE A SALTY GROUP OF TOUGH S.O.B.'S THAT ARE DEFEATED BY ABSOLUTELY NOTHING. THIS ISN'T GOING TO DEFEAT US EITHER. THERE'S PARTS OF THIS BILL THAT I DON'T LIKE BUT I'M PROUD THAT WHEN AMERICANS WAKE UP TOMORROW THEY'RE GOING TO CONTINUE TO KNOW THAT WITH WAKE UP HERE NOT AS VICTIMS BUT AS PEOPLE WITH A GREATER OPPORTUNITY THAN ANYBODY ACROSS THE WORLD, 50 STARS, 13 RED AND WHIDE STRIPES, WE GET TO DECIDE FOR OURSELVES THAT TODAY IS BETTER THAN YESTERDAY THIS WEEK IS BETTER THAN NEXT WEEK THIS MONTH IS BETTER THAN LAST MONTH AND NEXT YEAR AND SO ON. NOBODY ELSE GETS TO DECIDE THAT FOR US. THAT HASN'T CHANGED AND WILL NEVER CHANGE. I YIELD BACK."

Monday, March 16, 2020

Covid-19 caused Flowood and PRVWSD to Close Parks

Flowood Police Department posted that Winner's Circle Park and the Nature Park are closed until further notice.



PRVWSD has also closed several parks to VEHICULAR TRAFFIC until further notice. This presumes that those that are able to walk to/in the park are able. Perhaps this is the approach Flowood should take at least with the nature park.


 PRVWSD issued the following press release:

Wednesday, March 11, 2020

House Votes For Alternative Medical Marijuana Initiative Proposal

A ballot initiative to allow the use of Medical Marijuana will be on the November 2020 ballot.

According to the Secretary of State's website, the initiative can be summarized as follows:

Proposed Ballot Title:
Should Mississippi allow qualified patients with debilitating medical conditions, as certified by Mississippi licensed physicians, to use medical marijuana?

Proposed Ballot Summary:
Initiative Measure No. 65 proposes to amend the Mississippi Constitution to allow qualified patients with debilitating medical conditions, as certified by Mississippi licensed physicians, to use medical marijuana. This amendment would allow medical marijuana to be provided only by licensed treatment centers. The Mississippi State Department of Health would regulate and enforce the provisions of this amendment.

Getting an initiative on the ballot in Mississippi is very difficult and basically requires thousands of certified signatures of voters evenly distributed across the state's congressional districts.  Mississippians for Compassionate Care, the group behind Medical Marijuana in Mississippi, met these stringent requirements and the noted ballot initiative will be on 2020 ballot.

Despite meeting the stringent hurdles to actually get an initiative on the ballot, promotors must still contend with the Legislature's right to propose alternatives to any ballot initiative.  This Legislative alternative was previously employed in the Initiative 42 debate a few years ago.  Notably, both initiatives 42 and 42A (the Legislative alternative) failed according to Ballotopedia.com.

The Mississippi House of Representatives passed an alternative to the Medical Marijuana ballot initiative. 

Reservoir area Representatives voted as follows:
A yes vote favors the alternative, a no vote would allow the ballot initiative to proceed without an alternative.  The alternative ballot measure passed the House 72-49 and now goes to the Senate. 

Assuming that the alternative passes the Senate and makes it on the ballot, the ballot will likely pose two questions to voters (following the initiative 42 template).  The first question will ask voters to vote for approval of either initiative (the original/alternative) or against both.  The second question would present the original initiative and the Legislature's alternative.  Only if the first question receives a majority, then the option receiving the most votes would become binding.  Clear as Mississippi mud!
Here is a video of an exchange between Joel Bomgar (Madison) a proponent of the original initiative and Trey Lamar, the sponsor of the legislative alternative measure.
 Bomgar has props for final speech on the bill. #msleg pic.twitter.com/pBUff7BWTH

Tuesday, March 10, 2020

Vote Today - Primary Elections for Federal Office


Vote today in the primary races for Congress and President.

Here is a link to the Rankin County sample ballot, which should be the same for all of the Reservoir Area.

Races to watch:

Congress - Republican Primary - MS3 (Reservoir Area and Some Parts of Madison County)
  • James Tulp 
  • Michael Guest
Democratic Presidential Primary
  • Bernie Sanders
  • Joe Biden 
You can only vote in one party's primary.  For example, you cannot vote for Rep. Guest and Joe Biden because they will appear on different ballots. 

Prediction: Chalk advances across the board. 

Friday, March 6, 2020

Sell and Ship Wine to Mississippi - Face the Long Arm of the Law and Get Sued In Mississippi

Woman Smiling

The Mississippi Supreme Court recently held that an out-of-state retailer that ships wine to customers in Mississippi is subject to the personal jurisdiction of Mississippi courts.  This means that a retailer can be forced into a Mississippi court for permitting the shipment of wine, purchased on the retailer's website, to a Mississippi address.  There is some nuance here, but if you found a wine club that will ship you a hard-to-find bottle of wine or bourbon, the retailer risks getting sued in Mississippi court when it allows you to ship the wine to your address in the Sip. In short, most retailers are simply not going to ship their devil's brew to Mississippi. 

Based on the Complaint, the Alcoholic Beverage Control (ABC) of the Department of Revenue (DOR) conducted an investigation by purchasing wine on various websites for shipment to locations around the state. After the retailers shipped wine into the state, DOR brought suit in Rankin County Chancery Court seeking an injunction to terminate the shipments of the out-of-state retailers into Mississippi.  The Complaint is below. The Rankin County Chancellor ruled that no personal jurisdiction over the defendants exists (DOR lost initially but won the appeal).

The Mississippi Supreme Court opinion ruling in favor of DOR and holding that personal jurisdiction exists largely focuses on legal and jurisdictional concepts that probably don't mean much to your average Reservoirian unless you're also a first-year law school student.   One interesting point is that the wine retailers defended the suit by claiming that the buyer is actually shipping wine into Mississippi because ownership of the wine transferred to the buyer at purchase.  In other words, the purchaser owns the wine and is responsible for shipping the wine to Mississippi, not the retailers.  TSCOM did not buy this argument noting that one retailer would replace wine damaged in shipment at the retailer's expense.

The case is a red light reminder that Mississippi allocates valuable state resources to ensure that we are simply not allowed to freely contract for the purchase of certain alcoholic beverages, unless, the state itself serves as a wholesaler and gets a cut of the action.  It's also a reminder that possession of wine, whiskey, bourbon, rum, vodka, and similar alcoholic beverages is prohibited in Rankin County.  Does this make economic development more or less likely in Rankin County?

Ultimately, this is our state, so if this policy of prohibition is not something you support, you should let your state representative and senator know.  The court, of course, simply calls balls and strikes.


ABC Complaint against Wine Express et al by TheRezNews.com on Scribd