Judge dismisses lawsuit over state flag absence

By Rupert Howell
A lawsuit against South Panola School District for not flying the state flag has been dismissed by Circuit Judge Jimmy McClure with the Panola County Judge agreeing with the district that the parent of a student who filed the suit did not have standing to seek a writ of mandamus that would require the district to follow the state law.
McClure also found that Joy Redwine was prevented from bringing the claim because a suit could be brought against the district by the Attorney General or the Panola County District Attorney for an adequate remedy at law.
The district filed a motion to dismiss in June stating Redwine lacked standing because she failed to allege she suffered a legal injury that is separate from or in excess of the general public.
McClure agreed with defendants that Redwine’s interests did not set her apart from the general public or others referencing a 2008 Mississippi Supreme Court ruling where justices held four standards must coexist before a writ of mandamus is issued—stating Redwine met only one.
Redwine went before South Panola trustees earlier this year seeking an explanation of why the district did not fly the state flag as prescribed by law.
Trustees since have not discussed the issue in open board meetings but have gone into executive session with their attorney and district administrators several times since citing potential litigation as the reason to meet behind closed doors.
Board attorney Ryan Revere does not speak to the press about pending litigation. A published report in the Clarion-Ledger stated that Redwine’s attorney, Charles Yow said his client is discussing whether to appeal.
State law requires schools to display the Mississippi flag and the U. S. flag near the school building. The district’s rebuttal brief said it had neither admitted nor denied the suit’s allegations.