Constitutional Compliance

Justice Department plans to sue Shelby County Jail then drop the suit.

By Mary Cashiola

The Department of Justice is expected to file a

lawsuit sometime in the next month against the Shelby County Jail. As soon as they file

it, they’ll ask that it be immediately dismissed.

Representatives from the Justice Department met with Shelby County

officials last week to discuss and finalize an agreement to bring the jail up to

constitutional compliance. Last week, county lawyer Donnie Wilson told the

Flyer that the issues include treatment of the mentally ill, medical attention for all inmates, and

sanitary conditions.

“The Department of Justice has some of the same concerns that the federal

court was talking about,” says Wilson. “We’ve already started to address those, and

we rectified many of them as a result of the court action.”

The jail has been under a federal court order to improve conditions, specifically

inmate-on-inmate violence, since a 1996 rape case. The Justice Department

began looking at the jail in the summer of 2000 and has focused more on medical

services and inmate health.

“The court has noted we’ve made tremendous progress,” says Wilson. “We’re

beginning to see the light of day.”

It’s due to that progress that the Justice Department is willing to file the

lawsuit and then ask for it to be dismissed. The county will work to rectify the things

the department sees as unconstitutional conditions under the agreement. If they

don’t, the Justice Department will come back and renew the action.

County criminal justice coordinator Bill Powell says that the Justice

Department will require a 100-day report in the beginning and, after that, semiannual

reports. The department will also continue to monitor the jail for one year after they

reach compliance.

“It’s a fairly positive thing,” says Powell. “The conditions in the jail are such

that the Justice Department did not have to pursue it formally.”

During last week’s discussions, the sticking points in the agreement were

mostly over terminology and phrasing. The Justice Department also wanted to

establish some new time frames that were not in the earlier draft.

n

Bringing Home

the Bronze

Flyer writer is honored for music criticism.

Chris Herrington, music critic for The Memphis

Flyer, brought home a third-place award in music criticism from the

Association of Alternative Newspapers (AAN). The

2002 Alternative Newsweekly Awards were presented June 1st during the AAN’s annual

convention in Madison, Wisconsin.

Herrington won for a series of articles

that examined the work of such diverse artists as Smokey Robinson, R. Kelly, Clem Snide,

and the Ass Ponys. Judges observed, “Of all the

entries, his writing best fits the definition of

music ‘criticism.’ He dissects a range of genres

(R&B/hip hop, indie rock, and Motown pop),

balancing his own fresh perspective with cultural

context. His style is very conversational. His pieces, while packed with information and

context, never feel like history or art lessons.”

Other music-criticism winners in the under-54,000-circulation category were

Gambit Weekly and The Texas Observer.

The AAN awards recognize superior journalism and graphic design among the

120 member alternative newsweeklies in the U.S and Canada.

n

Mongo Moves East

Robert Hodges, perhaps better known as Prince Mongo, has relocated his royal palace

(home) to the Colonial Acres neighborhood in East Memphis.

His new home on the southwest corner of Park

and Colonial features — among other attractions — a

moose head peering from an upper window, orange and

black penants drapped across the porch, mannequin

heads perched atop poles in the bushes, and even a

“bean poll” in the front yard. Passersby who wish to

answer the question “What’s the one thing that no true

Southerner can stand?” can drop a bean into a pail for

“a mayor who works only for the rich, a sheriff who

does nothing but steal, or a city council who is lead

[sic] by fellons [sic].”

With amenities like these, we can see the

neighborhood block president cringing at the thought

of property values plummeting into a dark abyss. n

—

Janel Davis

MCS Dresses Up

School board votes on student uniforms.

By Mary Cashiola

Capri pants, cargo pants, and bell-bottoms are

out. Next year’s fashion prediction for Memphis City Schools students:

the preppy look.

With most of the MCS board members dressed in their

matching denim MCS shirts, the board voted 8-1 in favor of the new school

uniform and dress-code policy. The basic uniform for all 117,000

students is tan, navy blue, or black pants with a white polo or dress shirt.

“We thought the school board could show the community that

we’re not asking them to do anything we’re not willing to do ourselves,”

said Commissioner Patrice Robinson of the board’s coordinated

ensembles. She added that they will be wearing the official uniform during the

first board meeting in August.

Three community members spoke up about the proposal. Two

were in favor. Eric Gottlieb was not.

“The uniform policy represents a tax on Memphis City School

parents,” he said, adding that parents must still buy clothing for their

children to wear after school and on weekends. He asked that there be

a broad opt-out clause included in the policy.

As written and approved, the policy states that any parents who

don’t want their child to wear the uniform because of religious or other

deeply held beliefs will have to file a written request with the school’s

principal. MCS says the policy does not prevent students from exercising their

First Amendment right to freedom of expression, such as wearing

political buttons.

Each school will be able to decide on the specifics of its own

uniform. Commissioner Prescott hoped that those schools that wanted to use

school colors would try to make that decision before the school year so

parents didn’t have to buy two different uniforms in two consecutive years.

But even though the board, as well as most of the audience, seemed

in favor of the proposal, personal senses of style kept sneaking into

the discussion. As soon as the board moved for adoption of the policy,

one audience member yelled out loudly, “No white polo!”

Even board members themselves made a few personal comments.

“I think capri pants are nice,” said Prescott, adding that they

are a good alternative to shorts. Commissioner Sara Lewis said,

“Some of our little boys who are husky look a little better in cargo

pants.” Neither cargo pants nor capri pants are permitted in the policy.

Lewis was one of the board members who did not wear the

matching denim shirt. She chose instead to wear a green MCS polo,

stating that she did so because denim was not allowed in the

policy. Hubon “Dutch” Sandridge, the only dissenting vote to the

uniform policy, wore an olive suit.

“We want to take the focus off what’s on their back,” said

Commissioner Wanda Halbert, “and put it back what we need

desperately for it to be on: student achievement.”

Teachers’ attire may be next. Halbert asked that all teachers

show their support for the children by voluntarily wearing the

uniform. Superintendent Johnnie B. Watson said he would be talking to

the teachers’ union about a uniform for them.

In other news, the board discussed whether transportation is

actually a professional service. The Tennessee Department of

Transportation considers transporting humans a professional service,

but according to another state definition, a professional service is

a “unique or creative talent.” MCS commissioners were

concerned that school transportation services would not be bid out if they

were not considered a professional service.