Immediately following a Jackson City Council work session in January, Mississippi Link publisher/owner Socrates Garrett was all smiles. Council President Marshand Crisler had informed him that it was looking like the council was going to vote to award him the city's legal ads. The Link bid $5 for a 100-word ad published three times—the lowest-cost bid submitted this year.
The council later voted 5-to-1 to accept Garrett's bid, giving a nice economic boost to one of the city's minority-owned newspapers.
Weeks later, though, Jackson Mayor Frank Melton said he would veto the council's decision and recommend giving the contract to The Clarion-Ledger.
"It's the right thing to do for the taxpayers," Melton told The Clarion-Ledger, arguing that the ads would gain more exposure in the daily, which has a statewide circulation of almost 100,000, compared to the Link's reported circulation of 4,000.
Melton's decision could be the first step in a new bout of legal wrangling that has scarred the city's legal bid process in the past.
For countless years the simple process of awarding bids to the lowest bidder has been everything but simple. Many papers successfully landing the contract from the council in the past have had to call out the lawyers to keep rival papers from successfully contesting the council's decision.
"These things have rarely been done and over with a simple vote," says Ward 7 Councilwoman Margaret Barrett Simon. "There is a fight usually. It's sad, really."
Most recently, the state Supreme Court upheld the council's original decision in 2002 to hand the contract to The Clarion-Ledger after lower courts agreed with Jackson Advocate attorneys that The Clarion-Ledger's Focus section did not qualify as a separate newspaper unto itself and was, thus, ineligible to carry the $50,000 ads.
The Advocate was also a bitter contestant for the ads in 1998, when it argued with the council's decision that year to award the contract to the Link. One bid requirement is that the applicant have paid circulation. The Advocate argued that the Mississippi Link, which lists a fee of 50 cents on its front page, was actually a free weekly.
The Hinds County Circuit Court agreed that the Link was not qualified, but ignored the Advocate and awarded the contract to the Northside Sun, which was the second-lowest bidder. The Sun, which distributes mostly to North Jackson and nearby suburbs, contested the council's 1995 decision to award the contract to the Advocate.
All the papers involved in the squabble, including the Sun, the two black papers and, increasingly, various sections of The Clarion-Ledger, are also distributed for free in racks and boxes and even "forced circulation," which in The Clarion-Ledger's case means dropping several copies in yards in certain neighborhoods of the city. The trend in the newspaper industry, over all, is toward free circulation—because, increasingly, younger people are not willing to pay for newspapers in the Internet age.
The Association of Alternative Newsweeklies Executive Director Richard Karpel said the trend has been growing since the early 1970s of newspapers switching to free circulation products. "And even recently the trend has been moving into mainstream papers," Karpel said. "A lot of the large daily newspaper companies started (free) 'youth oriented' tabloids as advertisers recognize the importance of that market."
Following modern trends, the Jackson Free Press is distributed through "controlled circulation," meaning free-but-audited distribution of 15,000 issues with readership of nearly 40,000 in the Jackson metro, according to the 2005 national Media Audit survey.
While council members prepare for a veto override, the contract will remain with the last contract winner, The Clarion-Ledger.
Garrett's attorney Dorsey Carson Jr. said the contract had no legal reason for dispute. "The mayor stated on record that his veto was because it would be better in a paper of mass circulation. Well, he specifically said he wants it in The Clarion-Ledger, but to me there's no clearer breach of the statute than to say he wants it to go to a specific paper. This was the council's decision. Not the mayor's."
Garrett said vindictiveness fuels the mayor's decision.
"The mayor does not want anybody who had any support for (former Mayor) Harvey Johnson to have any work with the city," Garrett said. "I doubt the mayor is really making this decision for the betterment of the city. If the Link gets the bids, companies will know to look in my paper for the ads, or they'll subscribe to it or buy it off the stand or just go to our Web site and read it for free, because they'll be posted on our Web site just like they would be posted on the Clarion-Ledger."
Melton also said The Clarion-Ledger is published online and would reach more viewers through the Internet, saying online publishing would be critical to the city in the aftermath of Hurricane Katrina.
Garrett contested that argument. "If you want to look at the limitless circulation involved in online publication, you could say we're the same size as The Clarion-Ledger," Garrett said. "This is nothing but personal."
Barrett Simon said she "could see how Garrett would feel that way."
"The statute calls for the lowest bid. It doesn't say anything about the best bid," Barrett Simon said. "We voted for the lowest bid. The council tried to do what was right."
Other people contracted or employed by the city have called Melton's interference in city contract awards and firings "personal."
Last month, Southeastern Consulting Group Inc. President James Covington, also an avid Johnson supporter in the last election, accused Melton of canceling an extension of the city's communications tower upkeep contract with his company out of vengeance.
"There's no question that this man is capable of vindictiveness," Covington said last month.
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