IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

NORTHERN DIVISION

MISSISSIPPI WILDLIFE FEDERATION PLAINTIFF

VS. CIVIL ACTION NO.- - - - - -

SAMPOLLES;
ANDY GIPSON;
STEVE HUTTON;
DON BRAZIL;
JACK FISHER;
FOUNDATION FOR MISSISSIPPI
WILDLIFE, FISHERIES, & PARKS;
MISSISSIPPI STATE FAIR COMMISSION
EXECUTIVE DIRECTOR ANDY GIPSON; AND
MISSISISPPI DEPARTMENT OF WILDLIFE,
FISHERIES, & PARKS EXECUTIVE DIRECTOR
SAM POLLES DEFENDANTS

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

JURY TRIAL DEMANDED

COMES NOW Plaintiff, Mississippi Wildlife Federation, and files this its Complaint for

Damages and Injunctive Relief against Defendants Sam Polles, Andy Gipson, Steve Hutton, Don

Brazil, Jack Fisher, Foundation for Mississippi Wildlife, Fisheries, & Parks, Mississippi State Fair

Commission Executive Director Andy Gipson, and Mississippi Department of Wildlife, Fisheries

& Parks Executive Director Sam Polles, as follows:

I. PARTIES

1. Plaintiff Mississippi Wildlife Federation ("MWF" or "Federation") is a Mississippi non-

profit corporation with its principal place of business located at 2630 Ridgewood Road,

Suite D, Jackson, Mississippi 39216.

2. Defendant Sam Polles ("Polles") is an adult individual residing at 161 Caroline Pointe

Boulevard, Madison, Mississippi 3 9110. Poll es is being sued in his individual capacity.

3. Defendant Andy Gipson ("Gipson") is an adult individual residing at 414 Holly Grove

Circle, Braxton, Mississippi 39044. Gipson is being sued in his individual capacity.

4. Defendant Steve Hutton ("Hutton") is an adult individual residing at 408 Blackberry Cove,

Madison, Mississippi 39110. Hutton is being sued in his individual capacity.

5. Defendant Don Brazil ("Brazil") is an adult individual residing at 483 Brookstone Drive,

Madison, Mississippi 39110. Brazil is being sued in his individual capacity.

6. Defendant Jack Fisher ("Fisher") is an adult individual residing at 426 Wade Street, Luling,

Louisiana 70070. Fisher is being sued in his individual capacity.

7. Defendant Foundation for Mississippi Wildlife, Fisheries & Parks ("Foundation") is a non-

profit corporation with its principal place of business located at 6311 Ridgewood Road,

Jackson, Mississippi 39211.

8. Defendant Mississippi State Fair Commission Executive Director Andy Gipson ("Fair

Commission Executive Director Gipson") is a state official who may be served with

process by serving Mississippi Attorney General Lynn Fitch, Walter Sillers Building, 550

High Street, Suite 1200, Jackson, Mississippi 39201. Defendant Mississippi State Fair

Commission Executive Director Andy Gipson is being sued for injunctive relief only.

9. Defendant Mississippi Department of Wildlife, Fisheries & Parks Executive Director Sam

Polles ("MDWFP Executive Director Polles") is a state official who may be served with

process by serving Mississippi Attorney General Lynn Fitch, Walter Sillers Building, 550

High Street, Suite 1200, Jackson, Mississippi 39201. Defendant Mississippi Department

of Wildlife, Fisheries & Parks Executive Director Sam Polles is being sued for injunctive
2
 relief only.

II. JURISDICTION AND VENUE

10. Plaintiff Federation alleges First Amendment retaliation violations and conspiracy under

42 U.S.C. § 1983 and therefore this District Court has original jurisdiction over this civil

action and claim for injunctive relief pursuant to 28 U.S.C. §1331.

11. Plaintiff Federation further alleges claims for civil conspiracy, tortious interference with

contract, and tortious interference with business relationships that arise from the same facts

and allegations forming the basis of Plaintiffs First Amendment retaliation claim.

Therefore, this Court has supplemental jurisdiction over these claims pursuant to 28 U.S.C.

§ 1367(a).

12. Venue is proper in this District Court pursuant to 28 U.S.C. §1391(6) as a substantial part

of the actions giving rise to Plaintiffs claims occurred within this judicial district.

III. FACTS

The Federation

13. The Mississippi Wildlife Federation ("MWF" or "Federation"), a non-profit organization,

was formed in 1946 by a group of sportsmen concerned about the management of

Mississippi's lands, wildlife, coasts, and rivers. Over 70 years later, the Federation is the

oldest network of conservationists in the state, composed of individuals, businesses, and

organizations committed to standing watch over Mississippi's natural resources and the

protection hunting, fishing, other outdoor recreation, and environmental quality. To

encourage the protection and appreciation of wildlife and natural resources, the Federation

offers multiple youth engagement and stewardship programs (such as Katfishin' Kids,

where children and their parents learn the basics of fishing, Sea Grant Art & Ecology
3
 summer camps on the Mississippi Gulf Coast, and the MWF Youth Squirrel Hunt, to

introduce youth to small game hunting and wildlife conservation) to engage younger

generations with the Mississippi outdoors. Other examples of programs and initiatives

conducted by the Federation include but are not limited to: (1) the Habitat Stewards

program, where the time and labor of volunteers is channeled into to the conservation and

restoration of habitat management along Mississippi Gulf Coast's public lands; (2)

Hunter's Harvest, through which the Federation recruits and pays meat processors 80 cents

of every dollar to process game donated by Mississippi hunters, which is then donated to

local charities and organizations and distributed to food insecure Mississippi residents; and

(3) the Adopt-A-Stream program, an educational and watershed environmental action

stewardship program that has educated teachers and students across Mississippi through

hands-on workshops covering stream stewardship and water-quality monitoring. The

Federation supports the education of professional resource managers at primary and

secondary centers of instruction and extends the MWF Scholarship Award at the College

of Forest Resources at Mississippi State University.

The Extravaganza

14. For the past 34 years, the Federation's primary source of funding and operational support

has been the Mississippi Wildlife Extravaganza ("Extravaganza"), an event that draws

thousands and is considered by many to be the unofficial kick-off of hunting season. The

name of the event is trademarked. As the Fair Commission itself has acknowledged,

Mississippi outdoor enthusiasts have grown accustomed over the past decades for the

opportunity in early August of attending an outdoors focused expo at the Fair Grounds.

4
15. The Extravaganza has historically connected outdoor enthusiasts with vendors, promoted

the Federation's partnering and supporting organizations, and hosted multiple exhibitors,

demonstrations, and contests such as Magnolia Records and Big Bucks, Snakes of

Mississippi, archery demonstrations, turkey calling demonstrations, "hand-grabbing"

interactive exhibits, and a "Fetch and Fish" golden retriever show. The Extravaganza is a

family-friendly event featuring multiple kids' programs and the event, often a young

person's first experience of the magnitude and wonder of Mississippi's wildlife and natural

resources, is a happy memory for many children and their parents.

16. From 1986 to 2019, MWF has held the Extravaganza annually at the same place, during

the first weekend of August at the Mississippi State Fair Grounds in Jackson, Mississippi.

The outdoor and wildlife expo vendors and exhibitors reserve space in their calendar

specifically for the Extravaganza August weekend (booking yearly), as most typically

operate on a show circuit, have tight travel schedules, and order inventory months in

advance. Further, the Trade Mart is currently the only venue in the central Mississippi

area that can accommodate an outdoor and wildlife show like the Extravaganza crowd

(allowing weapons similar to those that the Federation's vendors sell and use in their

demonstrations and workshops) with sufficient indoor space and parking.

17. Over many years, the customary course of dealings between the MWF and the Mississippi

Fair Commission ("Fair Commission") has been that the MWF reserves use of the

Mississippi Trade Mart (the "Trade Mart") through the Fair Commission and then enters

into a formal Facilities Use Agreement. Prior to the 2019 Extravaganza, the long-standing

conduct between the parties was that a representative of the Federation would send a

request to the Fair Commission to reserve the Trade Mart for the first weekend of August
5
 for a period of three to four years, and the agreement and understanding was to prepare and

execute a subsequent written agreement. 1 On March 27, 2019, a Federation representative

and Defendant Hutton, (now former) Executive Director of the Mississippi Fair

Commission, signed a formal Facilities Use Agreement reserving the Trade Mart for the

Extravaganza from August 2, 2019 through August 4, 2019. 2 Whether the reservation

agreement was for a one or multiple years agreement, it was the consistent practice between

representatives of the Fair Commission and the Federation to have the Federation "book"

or confirm the dates for the next year's Extravaganza at the conclusion of each year's

Extravaganza weekend.

18. The Fair Commission's Facilities Use Agreement governing the Federation's historic use

of the Trade Mart for the Extravaganza has never contained any prohibition against holding

similar events in the weeks surrounding the reserved weekend. 3

Sam Po lies, Executive Director of the Mississippi Department of Wildlife, Fisheries,

& Parks, and Ex Officio Member of the Foundation for
Mississippi Wildlife, Fisheries & Parks

19. As Defendant Poll es, Executive Director of the Mississippi Department of Wildlife,

Fisheries, & Parks (the "Mississippi Department of Wildlife") has acknowledged, the

Mississippi Department of Wildlife "has played a major part in the Federation's

'Mississippi Wildlife Extravaganza' event since it was first established. MDWFP has

always provided staff members to help set up, answer questions, sell licenses, staff a large

4
booth, and provide 'sweat' equity." Other Mississippi state agencies (e.g., the

1
See, e.g., September 8, 2004 Correspondence, attached as Exhibit 1.
2
20 I 9 Facilities Use Agreement, attached as Exhibit 2.
3
Exhibit 2.
4
Minutes for July 29, 2019 Special Telecommunication Commission Meeting, attached as Exhibit 3.
6
 Mississippi Department of Marine Resources, the Mississippi Department of Agriculture

and Commerce) typically followed the Mississippi Department of Wildlife and Po11es' lead

and sponsored booths, occasional speakers/demonstrations, and attractions at the

Extravaganza. Polles, as Executive Director, controlled the Mississippi Department of

Wildlife's customary issuance of the Federation's permit for a large aquarium at the

Extravaganza's Fetch and Fish exhibit, a huge children's attraction at the Extravaganza,

and also allowed his employees and staff to deliver fish to the attraction for the weekend

of the event. The Mississippi Department of Wildlife and Polles have also historically

formally helped with six (6) other Federation events in addition to the Extravaganza,

including the Federation's annual youth Outdoorama at Turcotte and the Youth Squirrel

Hunt. 5

20. Defendant Polles has served as the Executive Director of the Mississippi Department of

Wildlife since his appointment by former Governor Kirk Fordice in 1992. He is also an

ex officio member of Defendant Foundation for Mississippi Wildlife, Fisheries, & Parks

("Foundation"), whose website is available at https://foundationrnwfp.com/ According to

its website, the Foundation is a 50l(c)(3) non-profit private organization established by the

Mississippi Department of Wildlife in 2003 to directly support the Department.

Defendant Polles, a governmental official, directs the Mississippi Department of Wildlife

and simultaneously exercises influence over the decisions made by the Foundation, the

private organization that directly funds his state agency.

5
Exhibit 3.
7
 A Matter of Public Concern

21. On August 31, 2008, the Environmental Protection Agency ("EPA"), acting under section

404( c) of the Clean Water Act ("CWA"), signed a Final Determination prohibiting the

discharge of dredged material into wetlands and other waters of the United States in

connection with the construction of the proposed Yazoo Backwater Area Pumps Project at

the Steele Bayou (the "Yazoo Pumps Project"), a U.S. Army Corps of Engineers ("Corps")

Civil Works project designed to address flooding concerns in a 630,000 acre area situated

between the Mississippi and Yazoo Rivers in west-central Mississippi (Yazoo Backwater

Area). The primary and final component of this project was a 14,000 cubic feet per second

(cfs) pumping station that would pump surface water out of the Yazoo Backwater Area

during high water events on the Mississippi River. The Yazoo Pumps Project, conceived

in 1941, was halted by the George W. Bush administration in 2008 through the CWA

Section 404 veto due to the EPA Region IV' s finding that the primary and secondary

impacts of the pumping station would result in unacceptable adverse effects to

approximately 67,000 acres of wetlands and other waters and their associated wildlife and

fisheries resources. There is historic and ongoing debate amongst residents of the

Mississippi River Delta and conservation groups (including debate between the residents

themselves, and between the conservation groups themselves) over the Yazoo Pumps

Project and the correct solution to the flooding problem, all of which directly affect

Humphreys, Issaquena, Sharkey, Warren, Washington, and Yazoo Counties of Mississippi.

This issue remains an ongoing matter of local and national public concern. The EPA's

June 23, 2008 Recommended Determination is available at:

8
 https://\vww.epa.gov/sites/production/files/2015-

05/documents/2008 10 21 pdf vazoo 404c recommended determination.pdf

22. In 2018 and 2019, the Mississippi River Delta experienced unprecedented and catastrophic

flooding that devastated families, farmland, homes, and businesses in the Yazoo Backwater

Area. Several groups of Mississippi citizens from the affected areas have supported an

override of the EPA's 2008 veto of the Yazoo Pumps Project, the most prominent of which

is a coalition called Finish the Pumps.

23. The Federation has opposed the Yazoo Pumps Project, as was proposed, in the past.

However, on July 24, 2019, the Federation released the following public statement:

The Mississippi Wildlife Federation (MWF) is acutely aware of the

devastation caused by this year's flooding in the Mississippi River
delta. First and foremost, we understand and have empathy for the
families and businesses including MWF members, families and
friends impacted by the record flooding. Along with all of
Mississippi, we look forward to the point in time when the waters
recede and lives get back to as normal as possible.

MWF has opposed the backwater pumping project, as was proposed,

in the past. Information about the original design and proposal of
the pumps did not support the promises that were made to find
effective solutions to the south delta's flooding problems. We
understand that the U.S. Army Corps of Engineers has provided
information to the Environmental Protection Agency (EPA) that is
pertinent to the proposed pumps and we are eager to receive and
review that information.

MWF believes it is time to take a comprehensive look at how the

Corps of Engineers manages water levels in the entirety of the
Mississippi River system, and develop sustainable and cost effective
solutions that help alleviate flooding and avoid wetland losses
throughout the lower Mississippi River Valley, including the Yazoo
River Backwater. We are actively seeking to obtain and confirm
the details of any current proposal and we will rely heavily on
the science and data provided by resource professionals. We are
open to pumps being part of the solution if they do not eliminate
or degrade wetlands. We also strongly support the use of existing
9
 federal programs that can provide immediate, cost-effective relief to
the delta. We want to be part of the solution, and we support a
meeting of governors and key stakeholders from the states bordering
the Mississippi River and its major tributaries to identify and
implement a better plan for holistic flood control. MWF pledges to
work with the affected communities and agencies to seek long term
solutions that help families and businesses by reducing flood
damage, while also protecting our natural resources. We believe
both goals can be achieved.

Established in 1946, the mzsszon of the Mississippi Wildlife

Federation, is to conserve Mississippi's natural resources and
protect our wildlife legacy.

The 2019 Mississippi Wildlife Extravaganza

24. The 2019 Extravaganza was held at the Mississippi Trade Mart on August 2 through

August 4, 2019.

25. Normally, most vendors place deposits for their booth spaces a year in advance (at the

conclusion of the previous year's Extravaganza).

26. Less than two weeks before the 2019 Extravaganza, a Mississippi resident named Victoria

Darden applied for a booth at the event. Ms. Darden initially represented herself as a

photography vendor from New Orleans, but when asked to submit the required vendor

information, she revealed that her purpose was to secure a booth in order to promote the

Finish the Pumps organization. It was further revealed that Ms. Darden and Finish the

Pumps wished to coordinate a protest during the Extravaganza event.

27. Because Ms. Darden's application was submitted so close to the event weekend, there was

a waiting list for booth space at the event. Ms. Darden was informed she would be placed

on a waiting list; however, in an effort to accommodate Ms. Darden, the Federation began

reaching out to other vendors to locate one that would be willing to share their booth space

with the Finish the Pumps coalition during the Extravaganza. After a few days, the
10
 Federation learned that Mississippi Ag Equipment Company, a John Deere tractor

dealership in Rolling Fork Mississippi, agreed to give a portion of its booth space to Ms.

Darden. Ms. Darden and members of the Finish the Pumps organization did in fact attend

the 2019 Extravaganza and their presence was peaceful.

28. The situation played out differently in the eyes of the public and social media in the week

before the Extravaganza (i.e., the public was not made aware of Ms. Darden's initial

deception, the late submission of the application, the waiting list, or that Ms. Darden and

Finish the Pumps were, in fact, given booth space prior to the MS Department of Wildlife's

withdrawal). The event became mired in heated controversy over the Federation's

position on the Yazoo Pumps Project as stated in its July 24, 2019 press release.

An Opportunity For Retaliation With Financial Gain

29. On or around July 26, 2020, approximately one week before the 2019 Extravaganza,

Defendant Polles contacted representatives of the Federation to communicate that the

Mississippi Commission on Wildlife, Fisheries, and Parks wanted the Federation to (1)

change its position to unconditionally support the Yazoo Pumps Project and (2) distance

itself from the National Wildlife Federation (which had taken an oppositional stance to the

Yazoo Pumps Project in a March 2019 publication). Polles represented that if the

Federation did not comply with these requests, the Mississippi Department of Wildlife

would not be able to work with the Federation in the future. The Federation

representatives informed Polles that it had released the July 24, 2019 statement reflecting

that it was willing to soften its political position by considering new information regarding

current proposals on the Yazoo Pumps Project and that the Federation had been working

to locate a booth for Ms. Darden to allow Finish the Pumps to participate in and promote
11
 itself at the Extravaganza.

30. On July 29, 2019, four (4) days before the Extravaganza, Polles and the Mississippi

Commission on Wildlife, Fisheries, & Parks held a Special Teleconference Meeting, the

notice of which was posted on the doors of the Mississippi Department of Wildlife office

building three hours prior to the teleconference. 6 According to the meeting minutes, it

was decided that the MS Department of Wildlife would "withdraw from participating in

the 'Mississippi Wildlife Extravaganza,' and all future Federation events, until further

notice." 7

31. Hours later, the Mississippi Department of Wildlife issued a press release publishing their

decision to withdraw from the Extravaganza. 8

32. As described in a Y'all Politics article published on the evening of July 29, 2019 (the day

of the Commission vote), "the dam broke" on the Extravaganza when "the Mississippi

Department of Wildlife, Fisheries and Parks announced that their board voted unanimously

to withdraw from the event. " 9 The article describes the cascade of fallout triggered by the

Mississippi Department of Wildlife's withdrawal, from "the most recognizable brand in

the outdoor industry, Primos, cut[ting] the cord," followed by pullout from famous

Mississippi turkey call manufacturer Preston Pittman, followed by "an ongoing list of

exhibitors that are dropping by the hour including LongLeaf Camo, Backwoods, Land,

6
Exhibit 3 and Notice of the July 29, 2019 Special Meeting, attached as Exhibit 4. The public notice, signed by
Polles, did not name the Federation or the Extravaganza but instead characterized the meeting as "an information
and business meeting for the purpose of discussing the Commission's position on, and public policy related to,
backwater flooding in the Yazoo and Sunflower River drainages, as well as interactions and relationships with
natural resource conservation non-governmental organizations (NGOs)." Exhibit 4.
7
Exhibit 3.
8
July 29, 2019 MDWFP News Alert, attached as Exhibit 5.
9
"MS Wildlife Federation Extravaganza melts down over opposition to #FinishThePumps," Y'all Politics, July 29,
2019, attached as Exhibit 6.
12
 Sportsmans Camo Covers, Echo Calls, and more." 10 Non-governmental organizations

("NGOs") that receive funding from the Mississippi Department of Wildlife (such as

Ducks Unlimited) withdrew from participation at the Extravaganza once the Mississippi

Department of Wildlife announced its withdrawal, as did the Mississippi Department of

Marine Resources.

33. The Commissioner of the Mississippi Department of Agriculture & Commerce

("MDAC"), Defendant Andy Gipson, was originally slated to speak at noon on the

Saturday of the Extravaganza to make a special announcement regarding the

Commissioner's Wild Hog Challenge and to direct people to MDAC's booth featuring

Genuine MS, MDAC's branding program and platform for products from Mississippi

farmers, ranchers, crafters, and manufacturers. 11

34. On July 29, 2019, the same day as the Mississippi Department of Wildlife's withdrawal

from the Extravaganza and related Federation events, Defendant Gipson changed his plans

for making the Wild Hog Challenge announcement, opting instead to appear and announce

at the Neshoba County Fair. 12 On July 30, 2019, Defendant Gipson cancelled his plans to

attend or speak at the Extravaganza 13 (with the caveat that if he did end up appearing, it

would be to make a pro-pumps speech), stated that there would be no Genuine MS booth

at the Extravaganza, and charged the MDAC staff with looking into whether the MDAC

booth could be given to Ms. Darden. 14 Simultaneously, Defendant Gipson contacted

10
Exhibit 6.
11
July 23 to July 25, 2019 Manning-McDonald-Lemmons Email, attached as Exhibit 7.
12
July 29 to July 30, 2019 Market Bulletin E-Mail, attached as Exhibit 8.
13
July 30, 2019 McDonald-Lemmons Email, attached as Exhibit 9.
14
July 30, 2019 Genuine MS Email, attached as Exhibit 10.
13
 Mississippi Ag and arranged for Ms. Darden to have space at Mississippi Ag's booth. 15

35. In the days remaining before the 2019 Extravaganza, Poll es forbade any Mississippi

Department of Wildlife employees/staff from attending or volunteering at the

Extravaganza, even in plain clothes. Polles further directed the Mississippi Department

of Wildlife to deny the Federation's permit for the large aquarium central to the Fetch and

Fish kids' attraction and would not allow agency staff to deliver any fish. The Federation

was, at the last minute, able to obtain catfish from a third party for the "grab and pull"

exhibit, but there were no bass or bream due to Polles' prohibition.

36. The Extravaganza went forward on the first weekend of August 2019 and experienced a

record-low turnout. Throughout the weekend, vendors and volunteers repeatedly

communicated to Federation staff that they were being approached by non-Federation

affiliates regarding a new 2020 event, with one vendor communicating on the final day that

"a couple of large corporations and other nonprofits (4-5) are getting the Commission to

take over this show, it makes too much money." Despite the low turnout and lack of

support from the Mississippi governmental agencies, the event still managed to make a

(significantly reduced) profit, and many vendors paid their deposits for the 2020

Extravaganza at the conclusion of event, as was the usual practice.

37. Normally, at the conclusion of each year's Extravaganza, the Federation would book the

use of the Trade Mart for the next year's Extravaganza. At the end of the 2019

Extravaganza, the Federation asked to be placed on the Trade Mart calendar, and the Fair

Commission gave them their annual reservation. When following up to formalize the

15
July 30, 2019 Darden-Mississippi Ag Email, attached as Exhibit 11.
14
 terms through a written agreement, Federation orgamzers were informed by Fair

Commission representatives that a written contract could not yet be finalized "until we

figure out the ticket situation since we have a contract with Ticketmaster ... we are trying

to figure all that out." 16 On or around August 8, 2020, a Fair Commission representative

then sent the Federation organizers a screen shot image of the Trade Mart reservation

calendar that listed the Trade Mart as booked for July 29-30, 2020 as "Wildlife CDS/Setup

- Confirmed" and July 31-August 2, 2020 as "Wildlife Extravaganza - Confirmed" to

show the Federation that it had been confirmed for its annual event weekend. 17

38. Meanwhile, MDAC staffers working with Defendant Gipson were circulating an August

8, 2019 Clarion-Ledger article titled "'There was no crowd': Wildlife Extravaganza

boycott gets federation's attention" via email, with one staffer prophetically stating, "[ a]nd

it's not over yet." 18

39. This commentary coincided with Defendants Gipson, Polles, and Don Brazil (individually

and as CEO of the Foundation), either personally or through an intermediary,

communicating with various individuals to ask whether they were interested in being

involved with the next Extravaganza in the event the Federation was not allowed to hold it

again. Defendants Gipson, Poll es, and Brazil agreed to hold a meeting on August 12, 2019

and privately communicated with potential attendees regarding the Federation's political

positions and affiliations (i.e., its pumps position and affiliation with the National Wildlife

Federation and how the Federation's political positions and affiliations conflicted with their

16
Laird-Shropshire Email, attached as Exhibit 12.
17
2020 Trade Mart Confirmation Email, attached as Exhibit 13.
18
August 8, 2019 McDonald-Perry Email, attached as Exhibit 14.
15
 own interests), their concerns that the Federation should no longer be affiliated with its

own Extravaganza event, and the opinion that it should be taken over by another

organization. Notes regarding Defendants' invitation list are attached. 19 Gipson, Polles,

and Brazil told all potential attendees that the Federation should no longer host the

Extravaganza Event.

Secret Meetings in Violation of Miss. Code Ann. §35-41-1, et. seq.

40. On August 12, 2019 at 10:00 a.m., Defendants Gipson, Polles, and Brazil (individually and

as CEO of the Foundation) held a meeting in the board room of the Mississippi Department

of Agriculture & Commerce ("MDAC") offices that included members/staff of MDAC,

the Fair Commission, and certain private individuals and event promoters. This meeting

was not on any official calendar or posted in accordance with administrative procedures,

and was a violation of Mississippi's Open Meetings Act, Miss Code Ann. §35-41-1, et seq.

A staff member from MDAC took notes, a portion of which is attached. 20

41. Commissioner Gipson presided over the meeting and stated that (a) the meeting attendees

were all aware of the political "fallout" over the 2019 Extravaganza; (b) he had spoken

with most of the meeting attendees prior to the meeting; (c) the attendees knew the purpose

of the meeting; and (d) he had spoken to a board member of the Federation and that it was

the Federation's understanding that the Federation had a contract with the Fair Commission

for the use of the Trade Mart on the Mississippi Fairgrounds for the first weekend of August

2020. Gipson stated that he had investigated and the formality of the contract with the

Federation could be challenged. The meeting notes state "AG has consulted with Gov.

19
Handwritten Meeting Notes (produced in response to a public records request), attached as Exhibit 15.
20
Exhibit 15.
16
 Bryant. Bryant supports what group decides." 21

42. One of the first actions orchestrated by Defendants Gipson, Polles, and Brazil through their

pre-meeting conversations was the predetermined decision to take the Trade Mart lease

from the Federation so the Federation would not have that venue for its August 2020

Extravaganza.

43. In the discussion that followed, someone posed the question of whether the Federation

would "take this lying down," i.e., allow the Extravaganza to be taken after the Federation

had run the Extravaganza for over thirty (30) years. Defendants Polles and Brazil

communicated a nonverbal dismissal of their concern. A suggestion was made that all of

the revenue from a non-Federation Extravaganza should instead go to the Foundation.

Another attendee responded that he was against the government being involved in any

private enterprise. Brazil stated that the Foundation would have to hire people to put on the

show because the Foundation did not have the manpower to put on the Extravaganza.

44. Show promoters present at the meeting stated that they were interested in putting on the

2020 Extravaganza and indicated that, if the Trade Mart and Fairgrounds were open the

first week of August, the promotors were willing and ready to write a check to reserve the

buildings/grounds. Defendant Polles interjected to say that the money had not been

discussed yet and before any other decision was made, the group needed to decide where

the money would go.

45. In response, the show promoters listed approximately five (5) nonprofit organizations

(Hope Outdoors, Super Hunt, Mississippi Ducks Unlimited, Mississippi National Wild

21
Exhibit 15.
17
 Turkey Federation, and Delta Waterfowl) to which the promoters would donate proceeds

from the gate and support local conservation. Defendant Polles gave this suggestion an

adamant "No!" and stated that any extra money would be going to the Foundation, because,

as Polles stated and believed, the suggested nonprofits already received more money from

the Mississippi Department of Wildlife than they deserved. When asked whether Polles

wanted the promoters to give the Foundation the whole $50,000 from the gate proceeds

rather than all the other suggested conservation groups, Poll es replied, "Yes."

46. Polles, using the terms "my" and "mine" as well as "I" and "we" when referring to the

Foundation, stated that a percentage of the profits of the Extravaganza needed to go to

support the Foundation, and that the promoters needed to decide how much money they

would be willing to give to the Foundation, in terms of a percentage in the event the

promoters were allowed to have the lease. When questioned regarding the type of

arrangement Polles and the Foundation wanted, Polles stated that the promoters must give

the Foundation a percentage or they would not be awarded the opportunity to put on the

new show.

47. While discussing the logistics of the show, one of the promoters listed several reasons why

the Federation has been successful in putting on the Extravaganza for many years,

including the huge volunteer base that always came to work the past Extravaganzas.

Polles responded that he had hundreds of employees on his payroll as well as armed

security officers (e.g., game wardens) to handle the doors, and that "his people" would

work the show and do anything he told them to.

48. The August 12, 2020 meeting concluded with Commissioner Gipson forming a Committee

consisting of Dan Robinson, Bruce Deviney, Jamie Swafford, Don Brazil, Chris
18
 McDonald, Steve Hutton (who was not present), and Polles. 22 The Committee was tasked

with "working out the money" for the new Extravaganza show and renaming the show.

Commissioner Gipson directed "Dr. Polles to determine how much money he had to have,

and for Dan Robinson to figure how much the promoters could pay." The small

Committee stayed behind in the room when the meeting had concluded. Commissioner

Gipson and Chris McDonald conducted a conversation in the hallway, at which point Chris

McDonald, acting as Gipson's agent, reentered the room and told Dr. Polles he wanted to

reiterate two things: (1) that MDAC was not expecting anything out of the Extravaganza

(to which Polles replied that was good because he was wondering how two state agencies

would split the money); and (2) that Polles, on behalf of the Mississippi Department of

Wildlife, Fisheries, and Parks, had to "approve" the Committee's plan for putting on the

show (i.e., the money and the name), or else Commissioner Gipson said the outdoor show

would not go forward. This directive is reflected in the August 12, 2019 meeting notes. 23

49. Further, it was decided that the next Committee meeting would take place on August 16,

2019 at 9 a.m. and would cover "name, promotor percentage, and structure."24

50. Everyone present at the August 12, 2019 meeting was warned several times that none of

what was taking place at the meeting could be leaked to the press or anyone else.

51. On August 13, 2019, one of the show promoters called Gipson to express his concern about

the impropriety of the August 12 meeting. A similar call was made to Defendant Don

Brazil, and Brazil informed the promoter that if the promoters paid the Foundation a certain

22
Exhibit 15.
23
Exhibit 15.
24
Exhibit 15.
19
 amount of money, they would be awarded the new show by the government officials.

52. The next secret meeting was held on August 16, 2019 at the MDAC offices. Defendant

Steve Hutton, then-Executive Director of the Fair Commission, was amongst the new

attendees. Chris McDonald began the meeting and handed the floor to Polles, who

announced, "We [the Foundation] have secured the show." The decision to lease the

Trade Mart directly to the Foundation had not been discussed amongst the Committee and

was designed to side-step the optics of impropriety. Steve Hutton directed the conversation

to what percentage the promoters, who would be fronting all expenses, would pay to the

Foundation as leaseholder. The percentage was never agreed upon, but Steve Hutton told

the group that he had run these sorts of shows before and he knew what kind of work went

into it, and that he personally would not do it for less than thirty percent (30%). The group

decided to reconvene August 19, 2020 (the following Monday) at the offices of the

Mississippi Department of Wildlife. Notes from this meeting include "money [to] go thru

MDWP Foundation," and "Dan and MDWFP will meet August 19 to determine contract

details. " 25

53. On August 17, 2019 (a Saturday), one of the promoters received a call from Steve Hutton

who said that he had been thinking about it and the Foundation (supported by Polles,

Gipson, and Brazil) would not allow the promoters to keep the amount of profits that they

wanted to keep, that basically the promoters needed to decide how cheaply they could put

on the new show. Steve Hutton indicated that he, as Executive Director of the Fair

Commission, was the individual who would ultimately decide the details of the lease.

25
Exhibit 15.
20
54. The August 19, 2019 follow-up meeting was cancelled one hour before it was scheduled

to begin.

55. The show promoters were never hired to run the 2020 event. Instead, Gipson, Polles,

Hutton, and Brazil determined that the Foundation would hire Defendant Jack Fisher in

exchange for Fisher agreeing to be complicit with Defendants' activities and to only take

a low percentage of profits.

Putting Plans Into Action

56. On September 5, 2019, Polles directed one of the Mississippi Department of Wildlife

captains to relay several messages to the Federation's outreach and development

coordinator: (1) the Federation was to remove all mentions of the Outdoorama on the Rez

event, a Federation event historically conducted with the MS Department of Wildlife, from

the Federation's website and social media because the Department was denying the

Federation's access to Turcotte (the agency's shooting facility) and would no longer be

partnering with the Federation to put on Outdoorama; (2) the Department was pulling the

Federation's funding for its Youth Squirrel Hunt and would be pulling its support for the

previously-approved 2020 Youth Squirrel Hunt or any other future events hosted on the

Department's locations (Katfishin' Kids, etc.)(the Federation had held the annual Youth

Squirrel Hunt on Department of MS Wildlife run Wildlife Management Areas ("WMAs")

for nearly a decade); (3) that the Federation should be expecting a letter from the

Department's attorney (this letter never arrived); and (4) the Department wanted to make

it clear that when it released the press release in August about not having anything to do

with the Federation because of the pumps, the Department meant what it said.

21
 57. Defendant Polles also instructed the Mississippi Department of Wildlife and other state

employees (e.g., the Mississippi Museum of Natural Science and the state parks system)

that they were forbidden from attending or volunteering with Federation events.

58. On September 18, 2019, Polles and Brazil led the Foundation's Board to unanimously

rescind the Foundation's June 28, 2019 commitment of a $45,000 donation ($15,000

annually for three years) to support the Federation's Hunter's Harvest program. The

Foundation communicated to the Federation's outreach and development coordinator to

make the point that the decision to rescind the donation was unanimous, that future requests

and involvement with the Foundation would be moot points, and that the opposition to the

Federation had become very deeply political, emotional, and personal, expanding beyond

just the Mississippi Department of Wildlife. The Foundation's rescission of its donation

has made it difficult for the Federation to continue the program operations of Hunter's

Harvest.

59. Meanwhile, the Federation began to receive calls from its Extravaganza vendors (with

whom the Federation already had booking agreements in place) relaying that the vendors

were being contacted by another organization to let them know that a bigger, better outdoor

show was in the works for 2020 and that more details were to follow. This resulted in

confusion to the Federation's vendors.

60. Defendant Gipson, acting as Chairman, presided over a special meeting of Fair

Commission members on September 17, 2019 that was called at the instance of Defendant

Hutton. 26 During this meeting the Fair Commission adopted a sham policy for the rental

26
Minutes from September 17, 2019 Special Meeting of Mississippi Fair Commission Members, attached as
Exhibit 16.
22
 of buildings on the State Fairgrounds that would allow it to breach its contract with the

Federation by "considering requests from more than one organization to rent the Trade

Mart for the same dates in August, 2020, at which a wildlife show will be presented."

Gipson presented talking points in support of awarding the lease for the Trade Mart to the

Foundation that were attached to the meeting minutes as an exhibit. 27

61. However, Commissioner Gipson's talking points spoke directly to the Federation's politics

and policies as expressed in July 2019. One of Gipson's staffers emailed Gipson drafts of

talking points on September 16-17, 2019 that addressed the Federation and included the

following paragraph before the announcement of a decision to sign a contract with the

Foundation instead:

Regarding the Mississippi Wildlife Federation

Earlier this year, the Mississippi Wildlife Extravaganza put on by

the Mississippi Wildlife Federation became a huge disappointment
to attendees and vendors alike. Their disappointment was due in
large part to the organization's stated opposition to Yazoo
Backwater Pumps which would protect wildlife, farmland,
infrastructure, homes and businesses in the South Delta, and the
realization by many that this organization was funding left-wing
national interests that oppose what's best for Mississippi outdoor
enthusiasts.

Draft Talking Points Prepared for Andy Gipson, attached as Exhibit

17 (emphasis added).

62. Between September 17 and September 23, 2019, the Foundation (represented by Brazil)

and the Fair Commission (represented by Hutton) entered into three (3) Facilities Use

Agreements for the Foundation's wildlife show on the State Fairgrounds for July 31, 2020

through August 2, 2020 (one lease for the Kirk Fordice Equine Center, one for the

27
Exhibit 16.
23
 Mississippi Trade Mart, and one for the Coliseum). 28 All three (3) contracts included a

provision not previously used by the Fair Commission for wildlife shows and events, which

was "Owner Agrees not to rent said facility to any other group promoting a similar

show 45 days prior to event, or 30 days after." 29 The inclusion of this provision in each

of the Foundation's leases was the result of an agreement amongst Polles, Brazil, Gipson,

Hutton, the Foundation, Jack Fisher, and their agents, and was purposed to preclude the

Federation from mitigating its damages by moving up (or moving back) its trademarked

event a couple of weeks. It was known to Defendants that this provision would cause

harm to the Federation because (a) the Trade Mart is the only facility in the central

Mississippi area that has the space to accommodate an outdoor and wildlife show like the

Extravaganza; (b) is one of the only facilities that allows weapons similar to those that the

Federation's historic vendors sell and use in their demonstrations and workshops; and (c)

outdoor and wildlife expo vendors typically operate on a show circuit, with said shows

being booked yearly and with inventory ordered well in advance, and these vendors have

tight schedules and would likely not be able to commit to competing events in the same

area.

63. On October 1, 2019, Steve Hutton emailed the Federation to "follow up" on the

Federation's request to formalize its leasing agreement for the 2020 Extravaganza with a

formal contract. Hutton informed the Federation for the first time that the Fair

Commission had leased the property to the Foundation for the Federation's historic

weekend, noted that the blackout period for a similar outdoor show was 45 days prior and

28
Facilities Use Agreements for All Mississippi State Fairgrounds Buildings, attached as Exhibit 18.
29
Exhibit 18.
24
 30 days after, and attached a letter to the Federation from Defendant Gipson and the Fair

Commission's Press Release. 30

64. In the October 1, 2019 Press Release, Gipson announced that the Fair Commission had

signed a contract with the Foundation so that it could host "a new wildlife and agriculture

event" on the State Fairgrounds from July 31 to August 2, 2020.

65. In the months that followed, Hutton, Fisher, and other representative of Defendants began

or continued calls, emails, and texts to the Federation's 2020 Extravaganza vendors to

secure the vendors' commitment to the Foundation's new outdoor expo and to switch over

contact info for liaisons. Hutton, Fisher, and other representatives obscured the fact that

this outdoor show was no longer the Federation's.

66. On December 4, 2019 the Mississippi Department of Wildlife, acting on Polles' direction,

announced that it would host the Youth Squirrel Hunts (one of the Federation's signature

initiatives) on February 1, 2020 (and going forward) at seven WMAs across Mississippi.

67. As a result of Defendants' reactions to its position on the Yazoo Pumps Project (i.e. the

withdrawal of critical support, both public, financial, and equitable, from the 2019

Extravaganza, the loss of its 2020 contract for the Trade Mart, the ongoing loss of future

contracts for the Trade Mart, the ongoing takeover of its trademarked Extravaganza that it

has held for 34 years, the denial of access to state-run properties, the cancellation of its

current and future signature initiatives, the ongoing withdrawal of funding, the ongoing

prohibition against affiliation with the Mississippi Department of Wildlife, the loss of

contracts with its vendors, the intimidation of its vendors and affiliates, the damage to its

30
October 1, 2019 Email and Letter to Federation with accompanying Press Release, attached as Exhibit 19.
25
 reputation, sabotage to its remaining programs), the Federation has avoided taking any

public position or engaging in speech that could be perceived as "anti-pumps" for fear of

further retaliation by Defendants. The Federation is similarly fearful of associating too

closely with national conservation groups, as it believes such behavior would result in

further negative action or consequences from Defendants in addition to that which the

Federation continues to experience.

IV. CAUSES OF ACTION

COUNT ONE - 42 U.S.C. §1983 FIRST AMENDMENT RETALIATION

68. Plaintiff Federation incorporates by reference all allegations of the Complaint.

69. Plaintiffs expression of positions and its publications regarding the Yazoo Pumps Project,

specifically Plaintiffs July 24, 2019 statement, address a decades-old matter of public

concern that impacts the local and national community.

70. Plaintiff further expressed its political position and engaged in a protected activity when it

did not submit to outside pressure to immediately change its positions on the pumps or

otherwise disassociate itself from national conservation groups.

71. Due to Plaintiffs position regarding the Yazoo Pumps Project and its choice to not

immediately appease politically-based requests, Polles, Gipson, and Hutton, as public

officials with control over staff and state agencies, responded with the following conduct:

a. Withdrawing critical support, both public, financial, and equitable, from the 2019

Extravaganza, which launched a cascade of withdrawal of financial and public

support;

b. Taking away the Federation's 2020 contract for the Trade Mart and preventing the

Federation from obtaining future contracts for the Trade Mart;

26
 c. Orchestrating and continuing the takeover of the Federation's trademarked

Extravaganza, its primary source of funding for the past 34 years;

d. Awarding the contract for the Trade Mart to a competing nonprofit wildlife

organization in a manner which prevented, and continues to prevent the Federation

from holding its signature event at another time or location;

e. Denying the Federation access (in the past and future) to state-run properties like

Turcotte and state-owned Wildlife Management Areas;

f. Causing and continuing the cancellation of the Federation's signature initiatives

like Outdoorama at the Rez or the Youth Squirrel Hunt;

g. Conspiring with the Foundation to withdraw its funding of the Federation's

Hunter's Harvest;

h. Prohibiting state employees from affiliating with the Federation, attending the

Federation's events, or volunteering;

1. Prohibiting future affiliation between the Federation and the Mississippi

Department of Wildlife;

J. Causing the loss of contracts with its vendors and preventing the procurement of

future contracts;

k. Intimidating the Federation's vendors and sponsors from future affiliation with the

Federation;

I. Damaging the Federation's reputation; and

m. Other acts and conduct to be shown at trial.

72. The above-described conduct deterred the Federation from exercising its First Amendment

rights with regard its political speech and activity. As a result of the actions described in
27
 the foregoing paragraph, the Federation has avoided taking any public position or engaging

in speech that could be perceived as "anti-pumps" for fear of further retaliation by

Defendants. The Federation has asked the National Wildlife Federation to avoid taking a

controversial position on the Yazoo Pumps Project for fear of further retaliation by

Defendants to the Federation or its supporters. The Federation is also suffering the

significant financial loss of its primary source of funding.

73. Defendants Polles, Gipson, and Hutton's specific conduct m retaliation against the

Federation includes, but is not limited to, the following:

Polles (in his individual capacity):

a. Polles exerts control over both the Mississippi Department of Wildlife and the

Foundation and does not keep the Department and Foundation at arms-length.

Polles was politically motivated in asking the Federation to change its position on

the pumps and distance itself from the National Wildlife Federation. After the

Federation did not change its position on the pumps or distance itself from the

National Wildlife Federation, Polles has since responded by using his public office

to withdraw, and continue to withhold, the Mississippi Department of Wildlife's

support or association with the Extravaganza or any current or future Federation

events. He denied the Federation a critical permit for its aquarium (one it usually

received) and would not let his employees deliver fish. Polles forbade his agency

staff from volunteering at the Extravaganza (volunteers on which the Federation

historically depended) or from attending the weekend event in plainclothes. He

then began working behind the scenes with Brazil, Gipson, Hutton, and other co-

conspirators to hold secret meetings on August 12 and August 16, 2020. Polles
28
 conducted a series of phone calls and conservations prior to these meetings to

secure support for terminating the Federation's lease, taking the Extravaganza away

from the Federation, and awarding the event to the Foundation. Polles exercised

influence during the August 12 and August 16 meeting to secure the termination of

the Federation's lease, the removal of the Extravaganza from the Federation, and

the award of the event and all future events (and all revenue associated therewith)

to the Foundation. Upon information and belief, Polles approved the Foundation's

decision to hire Jack Fisher in exchange for Fisher agreeing to be complicit with

Defendants' wish for Fisher to only require a low percentage of profits, and/or turn

over all proceeds to the Foundation, as Poll es had originally proposed.

b. Polles directed one of the agency captains to communicate a message of "we were

serious about the consequences of not changing your position on the pumps" to the

Federation. Polles denied the Federation access to Turcotte and other state-run

properties, pulled its partnership for Outdoorama at the Rez, pulled its funding for

the previously-approved 2020 Youth Squirrel Hunt, and notified the Federation that

it would not support any future Federation events hosted on state-run WMAs.

Polles instructed the Mississippi Department of Wildlife employees, employees of

the Mississippi Museum of Natural Science employees, and employees of the state

parks system that they were not and are no longer allowed to attend or volunteer

with Federation events.

c. Polles acted in concert with Brazil and the Foundation to rescind the Foundation's

$45,000.00 donation to the Federation's Hunter's Harvest program.

29
d. Polles directed the Mississippi Department of Wildlife to host a Youth Squirrel

Hunt (a Federation signature event) without the Federation on seven state-run

locations, and the Mississippi Department of Wildlife will, pursuant to Poll es'

direction and without the Federation's permission, host the Youth Squirrel Hunts

going forward.

e. Poll es' conduct as described herein was in violation of Miss. Code Ann. §49-1-19,

which provides that "no executive director or conservation officer shall use his

official authority or influence ... for the purpose of coercing the political action of

any person or body." Poll es further knew that his actions and conduct, in denying

a nonprofit wildlife organization access to public land ( and taking away other

property rights, through his conspiracy to terminate the Federation's lease for the

Extravaganza) in response to the organization's protected political speech and

activity, constituted prohibited First Amendment retaliatory conduct.

Gipson (in his individual capacity):

a. In response to the Federation's refusal to change its position on the Yazoo Pumps

Project or distance itself from the National Wildlife Federation, Gipson cancelled

his plans to attend or speak at the 2019 Extravaganza. Gipson cancelled the

participation of the Genuine MS booth.

b. Gipson worked in concert behind the scenes with Polles, Brazil, Hutton, and other

co-conspirators to hold secret meetings on August 12 and August 16, 2020.

Gipson personally invited several individuals to attend these meetings, the purpose

of which was to take over the Extravaganza. Gipson conducted a series of phone

calls and conservations prior to these meetings to secure support for terminating the
30
 Federation's lease, taking the Extravaganza away from the Federation, and

awarding the event to the Foundation. Gipson exercised the influence ofhis position

during the August 12 and August 16 meeting to secure the termination of the

Federation's lease, the removal of the Extravaganza from the Federation, and the

award of the event (and all revenue associated therewith) to the Foundation.

Gipson formed a Committee during the August 12 meeting that would be tasked

with "working out the money" for the new Extravaganza and renaming the show.

Gipson then directed a staffer to tell the Committee that the Committee's plan for

an outdoor show must be approved by Polles or else it would not go forward.

c. Gipson was the acting Chairman for the Fair Commission. Through this role and

through his role as Commissioner of MDAC, he worked with Hutton to create a

"sham policy" for use of the Trade Mart and developed talking points to persuade

the Fair Commission not to honor the Federation's lease for the Extravaganza,

citing political reasons. Gipson then steered the Commission to award the contract

for use of the State Fairgrounds to the Foundation for its own outdoor exposition

that would be supported and promoted by the governmental agencies under

Gipson's executive control (MDAC and the Fair Commission). Gipson acted in

concert with Hutton and other Defendants to include a provision in the Foundation's

lease for the Trade Mart that would preclude the Federation from using the Trade

Mart in the 45 days prior to or 30 days after the Foundation's competing event, thus

preventing the Federation from mitigating its damages. Gipson acted in concert

with Hutton and other Defendants to ensure that the Federation would not be able

to hold its event in future years on the annual Extravaganza weekend.

31
Hutton (in his individual capacity):

a. In response to the Federation's refusal to change its position on the Yazoo Pumps

Project or distance itself from the National Wildlife Federation, Hutton worked in

concert behind the scenes with Polles, Gipson, Brazil, and other co-conspirators to

hold secret meetings on August 12 and August 16, 2020.

b. Although he did not attend the August 12 meeting, Hutton was placed upon a

Committee tasked with "working out the money" for the new Extravaganza and

renaming the show.

c. Hutton, through active participation in the August 16, 2019 meeting and the August

17, 2019 phone call, negotiated bids in support of the new private organization's

outdoor event. Hutton bragged that, in his role as Executive Director of the Fair

Commission, he was the individual who would ultimately decide the details of any

lease for the 2020 Extravaganza weekend.

d. When the original proposed show promoters did not offer percentages of revenue

to the Foundation that were to Hutton's liking, Hutton participated in the

engagement of Jack Fisher to promote the Foundation's event.

e. Hutton called a special meeting of the Fair Commission on September 17, 2019 to

secure the Fair Commission's decision not to honor the Federation's lease. Hutton

worked together with Gipson to develop a sham policy for the rental of buildings

on the State Fairgrounds to facilitate the breach of the Federation's lease.

f. Hutton acted in concert with Gipson and other Defendants to include a provision in

the Foundation's September 23, 2019 lease for the Trade Mart to preclude the

Federation from using the Trade Mart in the 45 days prior to or 30 days after the
32
 Foundation's competing event, thus preventing the Federation from mitigating its

damages. Hutton acted in concert with Gipson and other Defendants to ensure that

the Federation would not be able to hold its event in future years on the annual

Extravaganza weekend.

g. Hutton continued to support the above-referenced scheme of retaliatory conduct by

contacting the Federation's vendors scheduled for the Federation's 2020

Extravaganza and encouraging those vendors to contract with Defendants' 2020

outdoor show.

COUNT TWO - 42 U.S.C. §1983 CONSPIRACY

74. Plaintiff Federation incorporates by reference all allegations of the Complaint.

75. In Count One above, Plaintiff has set forth its claim for 42 U.S.C. § 1983 First Amendment

Retaliation and incorporates the allegations of that Count as if set forth herein.

76. Defendants Brazil, Foundation, and Fisher are non-state actors who are also liable under

§1983 due to their willful participation in joint activity with Polles, Gipson, and Hutton to

(a) retaliate against the Federation for its constitutionally-protected political position

regarding the Yazoo Pumps project and its association with national conservation groups,

conduct which (b) deterred the Federation from exercising its First Amendment rights.

Each private co-conspirator is addressed in tum below:

Brazil:

a. Brazil was the CEO of the Foundation during the relevant time period and he at

times acted in his own self-interest and on behalf of the Foundation.

b. After the Federation's refusal to change its position on the pumps, Brazil agreed

with Polles that secret meetings would be held on August 12, and August 16, 2020.
33
 Brazil agreed to communicate with various individuals (through phone calls and

text messages) prior to these meetings to secure support for terminating the

Federation's lease, taking the Extravaganza away from the Federation, and

awarding the event to the Foundation. Brazil helped convince the potential

meeting attendees that the Federation should no longer host the Extravaganza event.

c. Brazil agreed that all of the revenue from a non-Federation Extravaganza should go

to the Foundation. He was a member ofGipson's Committee that was tasked with

"working out the money" for the new Extravaganza show.

d. Brazil determined that the Foundation would hire Defendant Jack Fisher to promote

the Foundation's show in exchange for Fisher agreeing to go along with

Defendants' activities.

e. Brazil acted in concert with Polles and the Foundation to rescind the Foundation's

$45,000.00 donation to the Federation's Hunter's Harvest program. Brazil and the

Foundation then sent a message to the Federation's outreach and development

coordinator to make the point that the decision to rescind the donation was

unanimous, that future requests and involvement with the Foundation would be

moot points, and that the opposition to the Federation had become very deeply

political, emotional, and personal, expanding beyond just the Mississippi

Department of Wildlife and its supporting Foundation.

f. Brazil knowingly agreed to a provision in the Foundation's September 23, 2019

Facilities Use Agreement to preclude the Federation from using the Trade Mart in

the 45 days prior to or 30 days after the Foundation's competing event, thus

preventing the Federation from mitigating its damages. Brazil, by securing this
34
 provision, acted in concert with Gipson, Hutton, and other Defendants to ensure

that the Federation would not be able to hold its event in future years on the annual

Extravaganza weekend.

h. Brazil supported the scheme of retaliatory conduct by contacting the Federation's

vendors scheduled for the Federation's 2020 Extravaganza and encouraging those

vendors to contract with Defendants' 2020 outdoor show.

The Foundation:

a. After the Federation's refusal to change its position on the pumps, the Foundation

agreed with Polles that secret meetings would be held on August 12 and August 16,

2020. The Foundation, acting through Brazil, agreed to communicate with various

individuals (through phone calls and text messages) prior to these meetings to

secure support for terminating the Federation's lease, taking the Extravaganza away

from the Federation, and awarding the event to the Foundation. The Foundation,

acting through Brazil, helped convince the potential meeting attendees that the

Federation should no longer host the Extravaganza event.

b. The Foundation, acting through Brazil, agreed that all of the revenue from a non-

Federation Extravaganza should go to the Foundation. The Foundation was

represented through Brazil on Gipson's Committee that was tasked with "working

out the money" for the new Extravaganza show.

c. The Foundation hired Defendant Jack Fisher to promote the Foundation's show in

exchange for Fisher agreeing to go along with Defendants' activities.

d. The Foundation acted in concert with Brazil and Polles to rescind the Foundation's

$45,000.00 donation to the Federation's Hunter's Harvest program. Brazil and the
35
 Foundation then sent a message to the Federation's outreach and development

coordinator to make the point that the decision to rescind the donation was

unanimous, that future requests and involvement with the Foundation would be

moot points, and that the opposition to the Federation had become "very deeply

political, emotional, and personal," expanding beyond just the Mississippi

Department of Wildlife and its supporting Foundation.

e. The Foundation knowingly agreed to a provision in the Foundation's September

23, 2019 Facilities Use Agreement to preclude the Federation from using the Trade

Mart in the 45 days prior to or 30 days after the Foundation's competing event, thus

preventing the Federation from mitigating its damages. The Foundation, by

securing this provision, acted in concert with Gipson, Hutton, and other Defendants

to ensure that the Federation would not be able to hold its event in future years on

the annual Extravaganza weekend.

f. The Foundation, acting through Brazil and other staffers, supported the scheme of

retaliatory conduct by contacting the Federation's vendors scheduled for the

Federation's 2020 Extravaganza and encouraging those vendors to contract with

Defendants' 2020 outdoor show.

Jack Fisher:

a. Jack Fisher approached the Foundation and Defendants to secure a role as promoter

for the Foundation's show, enabling the Foundation and Defendants to engage in

retaliatory action by taking over the Extravaganza. Fisher agreed to go along with

Defendants' activities in exchange for Fisher's hiring.

36
 b. Fisher continued to support, and/or act on behalf of, Defendants' scheme of

retaliatory conduct against the Federation for its pumps position by contacting the

Federation's vendors scheduled for the Federation's 2020 Extravaganza and

encouraging those vendors to contract with Defendants' 2020 outdoor show.

c. Fisher, working in concert with Defendants to prevent the Federation from holding

future Extravaganzas, has and continues to misrepresent to the Federation's historic

vendors that the Foundation's new event is actually the same as the Federation's

Extravaganza. Fisher represents that "nothing has changed except the name."

COUNT THREE - TORTIOUS INTERFERENCE WITH CONTRACT

77. Plaintiff Federation incorporates by reference all allegations of the Complaint.

78. As set forth above, the Federation conducted its Extravaganza at the same place during the

same weekend from 1986 to 2019.

79. The Federation maintained either a one or multiple year contract, either express or implied

in fact, with the Fair Commission for the use of the Trade Mart during the Extravaganza

weekend. It was the consistent practice between representatives of the Fair Commission

and the Federation to have the Federation "book" or confirm the dates for the next year's

Extravaganza at the conclusion of each year's Extravaganza weekend.

80. At the end of the 2019 Extravaganza, the usual booking agreement between the Federation

and the Fair Commission for the reservation of the facilities was agreed upon, and while

the contract was not reduced to a formal agreement, the Fair Commission confirmed the

existence of this agreement when it sent the Federation organizers a screen shot image of

the Trade Mart reservation calendar that listed the Trade Mart as booked for July 29-30,

2020 as "Wildlife CDS/Setup - Confirmed" and July 31-August 2, 2020 as "Wildlife

37
 Extravaganza - Confirmed" to show the Federation that it had been confirmed for its usual

event weekend.

81. All Defendants, acting in concert as outlined below, intentionally and improperly interfered

with the performance of the contract between the Federation and the Fair Commission by

(a) securing support to take the Extravaganza away from the Federation in order to ensure

a takeover of the Federation's event by Defendants; (b) representing to attendees at the

August 12, August 16, and September 17 meetings that the Federation's contract was not

binding; (c) hiding their actions from the Federation by showing the Federation that the

facilities were reserved on the Trade Mart calendar for the Extravaganza weekend; (d)

developing a sham policy for rental of the State Fairgrounds and persuading the Fair

Commission to adopt this policy; (e) using political allegations to persuade the Fair

Commission to award the Trade Mart lease to the Foundation; (f) leasing the Trade Mart

to the Foundation; (g) including a provision in the lease that prohibited organizations like

the Federation from holding similar events at the Trade Mart during the months

surrounding the Foundation's event; and (g) reaching out to the Federation's vendors to

notify them that a new outdoor exposition would be conducted on the State Fairgrounds

during the Extravaganza weekend.

82. The foregoing acts were designed to cause damage, and continue to cause damage, to the

Federation's lawful organization and were committed without right or justifiable cause on

the part of Defendants.

83. As a direct and proximate result of Defendants' concerted actions, the Federation has

incurred and will continue to incur damages which will be proven at trial.

38
 COUNT FOUR-TORTIOUS INTERFERENCE WITH BUSINESS RELATIONS

84. Plaintiff Federation incorporates by reference all allegations of the Complaint.

85. All Defendants have engaged in the above-described conduct with malicious intent,

whether prompted by First Amendment retaliation, the opportunity for financial gain, or

any other improper motive, to interfere with and injure the lawful business and purpose of

the Federation.

86. Defendants have each engaged in damaging and disparaging the Federation's reputation,

intimidating and harassing the Federation's employees and vendors, intimidating or

harassing the Federation's volunteers, taking over the Federation's trademarked

Extravaganza event, and obstructing the Federation from conducting its activities (e.g.

Outdoorama, Youth Squirrel Hunts). Fisher, working in concert with Defendants to

prevent the Federation from holding future Extravaganzas, has and continues to

misrepresent to the Federation's historic vendors that the Foundation's new event is

actually the same as the Federation's Extravaganza. Fisher represents that "nothing has

changed except the name." This is false and is designed to induce historic Federation

vendors to work with Defendants instead of the Federation.

87. As a result, the Federation has lost profits from its largest source of fundraising, its ability

to hold future Extravaganza events, the ability to conduct its signature initiatives in the

usual manner, its freedom to participate in political discourse without retaliation,

relationships with sponsors and vendors, and access to state-run properties.

39
 COUNT FIVE - CIVIL CONSPIRACY

88. Plaintiff Federation incorporates by reference all allegations of the Complaint.

89. In order to accomplish their unlawful purpose of causing damage to the Federation by

taking away the Federation's largest source of fundraising, taking away its ability to hold

future Extravaganza events, its ability to conduct its signature initiatives in the usual

manner, its freedom to participate in political discourse without retaliation, relationships

with sponsors and vendors, access to state-run properties, and other damages to be proven

at trial, each Defendant named herein - Polles (individually), Gipson (individually), Hutton

(individually), Brazil, Fisher, and the Foundation - entered into a tacit or implied

agreement to interfere with the Federation's lease of the Trade Mart, interfere with the

Federation's ability to lease the Trade Mart for future Extravaganza events, interfere with

the Federation's business relationships or prospective advantages, and to retaliate against

the Federation for exercising protected First Amendment speech.

90. The plan agreed to by all Defendants was to take away the Federation's largest source of

fundraising, to take away its ability to hold future Extravaganza events, to take away its

ability to conduct its signature initiatives in the usual manner, to take away its freedom to

participate in political discourse without retaliation, to damage its relationships with

sponsors and vendors, to deny the Federation access to state-run properties, and other acts

to be proven at trial. Specifically, each Defendant named herein - Polles (individually),

Gipson (individually), Hutton (individually), Brazil, Fisher, and the Foundation - planned

to interfere with the Federation's lease of the Trade Mart, interfere with the Federation's

ability to lease the Trade Mart for future Extravaganza events, interfere with the

Federation's business relationships or prospective advantages, and to retaliate against the

40
 Federation for exercising protected First Amendment speech.

91. The Defendants herein agreed to act in concert to accomplish these unlawful goals from

the moment the Federation expressed its political position regarding the Yazoo Pumps

Project and refused to disassociate itself from the National Wildlife Federation.

92. Each Defendant agreed to, planned, and/or engaged in the overt acts outlined in the

allegations and counts above in furtherance of this conspiracy.

93. As a direct and proximate result, the Federation suffered the damages described herein.

COUNT SIX - REQUEST FOR INJUNCTIVE RELIEF

94. Plaintiff Federation incorporates by reference all allegations of the Complaint.

95. Plaintiff brings this claim for prospective injunctive relief against Defendant Mississippi

State Fair Commission Executive Director Andy Gipson (or alternatively, the Mississippi

state official currently in charge of the Fair Commission in the event the identity of such

person is being obscured) and Defendant Mississippi Department of Wildlife, Fisheries &

Parks Executive Director Sam Polles.

96. State law grants the Fair Commission full charge of the State Fairgrounds and full power

and authority over perfecting plans and holding events. Andy Gipson, in his official

capacity, is in charge of the Fair Commission and oversees its operations. Fair

Commission Executive Director Gipson can exercise control over the creation and

implementation of Trade Mart lease agreements, the provisions of those agreements, the

granting of leases, and policies behind the agreements.

97. MDWFP Executive Director Polles can exercise control over the Mississippi Department

of Wildlife's decisions regarding an organization's access to state-run WMAs or whether

MDWFP employees and staff are allowed to have any involvement with organizations such
41
 as the Federation.

98. This Count is for the purpose of enjoining the enforcement of unconstitutional actions in

continued violation of the Federation's First Amendment rights, specifically (a) the Fair

Commission's actions in (i) preventing the Federation from having its Extravaganza at the

Trade Mart by creating a governmental policy of "no rental of the facilities to any other

group promoting a similar show 45 days prior to event, or 30 days after" in Trade Mart

lease agreements, and (ii) the wrongful termination of the Federation's lease with the Fair

Commission for the Extravaganza weekend; and (b) the Mississippi Department of

Wildlife's actions in precluding its employees from affiliation with the Federation, the

continued denial of the Federation's access and use of state run properties, and acts in

violation of Miss. Code Ann. §49-1-19.

99. In Counts One and Two above, incorporated herein by reference, Plaintiff has set forth an

ongoing, continuous violation of its First Amendment rights by all Defendants. In

addition to deterring the Federation from exercising its First Amendment rights to its

political speech and activity, the Federation is sustaining, and is in danger of sustaining,

the real and immediate harm of (a) losing its ability to lease the Trade Mart for future

Extravaganza events during a critical time frame, and therefore losing its primary source

of funding, and (b) losing its ability to access state-run WMAs or ever host events on state-

run WMAs again.

100. These losses and injuries are substantial (the Federation will lose its primary source of

fundraising and ability to hold its outdoor events), ongoing, and will cause irreparable harm.

As outlined above, the Trade Mart is the only facility that can accommodate the

Extravaganza. The blackout dates contained within the new Trade Mart leases adopted by
42
 the Fair Commission effectively prevent the Federation from having the Extravaganza

because, in addition to the weeks surrounding the annual Extravaganza coinciding with the

beginning ofhunting season, outdoor and wildlife vendors (with booked schedules) will not

be able to participate in an event held outside of the usual time frame in central Mississippi.

Further, the Federation cannot conduct its signature events (e.g. Outdoorama at the Rez, the

Youth Squirrel Hunt) if it is prohibited from accessing state-run WMAs.

101. Plaintiff therefore requests this Court to enter an order enjoining Fair Commission

Executive Director Gipson from preventing the Federation's use of the Trade Mart through

the blackout dates contained within lease agreements (and other means that discovery may

reveal, and enjoining MDWFP Executive Director Polles from preventing his employees

from associating with the Federation and from denying the Federation access to state-run

WMAs.

WHEREFORE, PREMISES CONSIDERED, Plaintiff Mississippi Wildlife Federation

respectfully requests that this Court enter judgment in its favor providing the following relief:

A. For the injunctive reliefrequested against Fair Commission Executive Director Gipson and

MDWFP Executive Director Polles outlined in Count Six, above;

B. For compensatory damages from all Defendants in their individual capacities in an amount

to be proven at trial;

C. The award of punitive damages against all Defendants in their individual capacities in an

amount sufficient to deter future similar unlawful conduct;

D. The award of Plaintiffs costs, expenses, and attorney's fees;

E. The award of pre-judgment interest and post-judgment interest; and

F. Any such other relief as this Court may deem just.

43
 DATED this the 23rd day of October, 2020.

Respectfully submitted,

MISSISSIPPI WILDLIFE FEDERATION

By:
C. VICTOR WELSH, III

C. VICTOR WELSH, III (MSB# 7107)

ANN R. CHANDLER (MSB# 101519)
PITTMAN, ROBERTS & WELSH, PLLC
410 South President Street (39201)
Post Office Box 22985
Jackson, Mississippi 39225-2985
Telephone: (601) 948-6200
Facsimile: (601) 948-6187
cvw@prwlaw.com
achandler@prwlaw.com

ATTORNEYS FOR MISSISSIPPI WILDLIFE FEDERATION

44
September 8, 2004

Sandra Stock
Mississippi Fair Commission
P O Box 892
Jackson, MS 39205-0892

Re: Trade Mart Reservations – MS Wildlife Extravaganza

Dear Sandra,

Please reserve the Trade Mart for the following dates:

August 5, 6 & 7 2005

August 4, 5 & 6 2006
August 3, 4 & 5 2007
August 2, 3 & 4 2008

Thank you in advance for your help.

Sincerely,

Melanie Starnes
Office Manager / Events Director

cc: Mike Brinkley, Executive Director

Cathy Shropshire, MWF Executive Director

EXHIBIT "1"
EXHIBIT "2"
EXHIBIT "3"
EXHIBIT "4"
MDWFP - MDWFP withdraws from Extravaganza

 Menu

MDWFP News
More Items 

MDWFP withdraws from Extravaganza

7/29/2019 4:29:37 PM
From MDWFP

Over this past weekend, the Mississippi Department of Wildlife, Fisheries, and Parks (MDWFP) received
numerous comments regarding the upcoming Mississippi Wildlife Extravaganza. It is apparent, that the persons
making these comments were of the impression that the MDWFP and the Mississippi Wildlife Federation (the
“Federation”) are one and the same, or that the Federation is a division of the MDWFP.  This is simply not true.

The Commission on, and the Department of, Wildlife, Fisheries, and Parks, are entities of the government of the
State of Mississippi, created by the Legislature, as set forth in the Mississippi Code.  The Mississippi Wildlife

https://www.mdwfp.com/media/news/administration/mdwfp-withdraws-from-extravaganza/[10/21/2020 5:37:18 PM]

EXHIBIT "5"
MDWFP - MDWFP withdraws from Extravaganza

Federation is a private, non-profit organization, affiliated with the National Wildlife Federation (NWF).  The
annual Wildlife Extravaganza is sponsored and produced by the Federation, not the MDWFP.  The MDWFP has
participated in the Extravaganza as an exhibitor by paying for its space, as do all other paying exhibitors.  The
MDWFP is NOT a sponsor of the Extravaganza, nor do the MDWFP or the Commission have any control over
the actions of the Federation.

Earlier today, the Commission, meeting by specially-called teleconference on Monday, July 29, 2019, voted
unanimously to withdraw from the Extravaganza, and participation in future events with the Federation, until
further notice.

Please refer all comments regarding the Extravaganza to the Mississippi Wildlife Federation.

Share this

Sign up, Keep Up

Sign up to receive monthly newsletters featuring all
the latest news and happenings from MDWFP.

Enroll

     
601.432.2400 
1505 Eastover
Drive, Jackson, MS
39211
Transparency Mississippi

WebMail |
Admin |
Events |
Employee |
MSPB |
Remote Support

Copyright
2020 MDWFP, All Rights Reserved

https://www.mdwfp.com/media/news/administration/mdwfp-withdraws-from-extravaganza/[10/21/2020 5:37:18 PM]

0123023131 45ÿ789
98ÿ 
8ÿÿ9ÿ
ÿÿ88ÿÿ 88 ÿ!ÿ48888ÿ988"ÿ
ÿ#ÿ$ÿ%&99ÿ988"
,-ÿ/0121034ÿ542467809:ÿ;<867=7>7:?7ÿ@418A
29B:ÿ9=46ÿ9CC9A0809:ÿ89ÿD50:0AEFE4GH@CA
IJÿL9H68:4MÿL76846ÿNOPQJÿRSTÿRUVS

WÿXYZZYZZY[[Yÿ\]Q^_ÿ̀_ab]aTÿcd[Yefÿ^dÿZ[a]_gÿ_h_a]e]ZZÿ_idP^ÿ^c]ÿYb[_j^Zÿd`ÿ^c]
]k[_eZYl]ÿmddgYefTÿh_Zÿg]eY]gÿ^c]ÿaYfc^ÿ^dÿ[Pajc_Z]ÿ_ÿidd^cÿ_^ÿ^c]ÿXYZZYZZY[[YÿnYQgQỲ]
o]g]a_^YdepZÿnYQgQỲ]ÿqk^a_l_f_er_ÿ^cYZÿP[jdbYefÿh]]s]egtÿÿvc_^ÿZ]^ÿdwÿ_ÿjc_Yeÿd`ÿ]l]e^Z
^c_^ÿ^ca]_^]eZÿ^dÿjaY[[Q]ÿ^c]ÿ]l]e^pZÿl]egdaÿ[_a^YjY[_^Ydeÿ_egÿ_^^]eg_ej]tÿÿvc]ÿ]l]e^ÿYe
O_jsZdeÿdeÿ^c]ÿxaZ^ÿy_^Pag_JÿYeÿWPfPZ^ÿ_eeP_QQJÿYZÿd`^]eÿZ]]eÿ_Zÿ^c]ÿd[]eYefÿZ_Qldÿd`
cPe^YefÿZ]_Zdeÿ̀daÿ^]eZÿd`ÿ^cdPZ_egZÿd`ÿXYZZYZZY[[Y_eZtÿ
zYj^daY_ÿ\_ag]eÿ^dQgÿ^c]ÿzYjsZiPafÿ\_YQJÿ{]hZÿ^c_^ÿZc]ÿc_gÿ[Q_ee]gÿ^dÿcdZ^ÿ_ÿidd^cÿ_^ÿ^c]
]l]e^|fdYefÿ_Zÿ̀_aÿ_Zÿ^dÿdaf_eYr]ÿldQPe^]]aZÿ_egÿa_YZ]ÿbde]Jÿ̀daÿY^}i]`da]ÿZc]ÿh_Zÿ^dQg
Zc]ÿh_Zÿg]eY]gt

EXHIBIT "6"
'22(99988")"2310*21+23*2$89
98$
8$$9$
$$88$$88 2 02+
0123023131 45ÿ789
98ÿ 
8ÿÿ9ÿ
ÿÿ88ÿÿ 88 ÿ!ÿ48888ÿ988"ÿ
ÿ#ÿ$ÿ%&99ÿ988"

,-./01ÿ34-560/ÿ789:751:ÿ0;03895<0ÿ/5.0397.ÿ=51/>0?ÿ=06671>ÿ6-/0ÿ@0.ÿA004ÿ->ÿ5Aÿ>@0ÿ@-/
9@0ÿ:7B-@0-/Cÿ81954ÿD051:ÿ974/ÿ9@-9ÿ9@0ÿD779@ÿE->ÿ/0150/ÿ/80ÿ97ÿ9@0ÿF/5>3.09571Gÿ7Aÿ9@0
H.76790.ÿ-1/ÿ4-3Iÿ7Aÿ-HH.7<-4ÿA.76ÿ9@0ÿD7-./Jÿ
,-./01ÿ/5/ÿ179ÿ.0>H71/ÿ97ÿLM-44ÿN745953>ÿA7.ÿ3766019Cÿ@7E0<0.CÿO-9@?ÿP@.7H>@5.0ÿA.76
QRSÿ/5/ÿ.0>H71/J
FP@0ÿE->ÿ179ÿ/0150/ÿ-ÿD779@JÿÿR0ÿE0.0ÿ>74/ÿ789ÿ-9ÿ9@0ÿ9560CGÿ>-5/ÿP@.7H>@5.0JÿÿFT7ÿ9.?ÿ97
-337667/-90ÿE0ÿ>-5/ÿ9@-9ÿ5Aÿ-179@0.ÿ<01/7.ÿ-447E0/ÿ9@06ÿ51ÿ9@05.ÿD779@ÿ59ÿE->ÿUVÿE59@
8>JÿÿW1/ÿE0ÿ3719-390/ÿH790195-4ÿ<01/7.>ÿE@7ÿ65:@9ÿE-19ÿ97ÿ-337667/-90ÿ9@06JG
U1ÿP81/-?CÿX7<0.17.ÿY.?-19ÿ>9-.90/ÿ97ÿH8>@J

'22(99988")"2310*21+23*2$89
98$
8$$9$
$$88$$88 2 32+
0123023131 45ÿ789
98ÿ 
8ÿÿ9ÿ
ÿÿ88ÿÿ 88 ÿ!ÿ48888ÿ988"ÿ
ÿ#ÿ$ÿ%&99ÿ988"
-./01ÿ345/ÿ670849ÿ4:5/;07701ÿ5./ÿ84<ÿ=;7>/ÿ70ÿ5./ÿ/?/05@
6708491ÿ5./ÿ6ABBABBACCAÿD/C4;5</05ÿ7:ÿEA383A:/1ÿFAB./;A/Bÿ408ÿG4;>Bÿ4007H0I/8ÿ5.45ÿ5./A;
=74;8ÿ?75/8ÿH040A<7HB39ÿ57ÿJA5.8;4Jÿ:;7<ÿ5./ÿ/?/05@

E./0ÿ4B>/8ÿJ.9ÿ6EFGÿCH33/8ÿ7H5ÿ7:ÿ5./ÿKL5;4?4M40N41ÿO.;7CB.A;/ÿB4A81ÿPQÿ870R5ÿ>07J@ÿQ
H08/;B5408ÿ5./;/ÿJ4Bÿ4ÿC;/BBÿ;/3/4B/ÿ=H5ÿQÿ.4?/ÿ075ÿB//0ÿA5@S
-./0ÿ670849ÿ/?/0A0M1ÿ5./ÿ<7B5ÿ;/I7M0AN4=3/ÿ=;408ÿA0ÿ5./ÿ7H5877;ÿA08HB5;91ÿG;A<7B1ÿIH5
5./ÿI7;8@
'22(99988")"2310*21+23*2$89
98$
8$$9$
$$88$$88 2 ,2+
0123023131 45ÿ789
98ÿ 
8ÿÿ9ÿ
ÿÿ88ÿÿ 88 ÿ!ÿ48888ÿ988"ÿ
ÿ#ÿ$ÿ%&99ÿ988"

-./01ÿ345678ÿ9:88:88:;;:ÿ<7=>/?ÿ@4AAÿ540734@<7=/=ÿB=/8<60ÿB:<<540ÿ;7AA/CDD

'22(99988")"2310*21+23*2$89
98$
8$$9$
$$88$$88 2 ,2+
0123023131 45ÿ789
98ÿ 
8ÿÿ9ÿ
ÿÿ88ÿÿ 88 ÿ!ÿ48888ÿ988"ÿ
ÿ#ÿ$ÿ%&99ÿ988"
-./ÿ123456789ÿ:;2<=ÿ>/?5ÿ.;5ÿ;@ÿA@9A2@9ÿ<25BÿACÿ/D.262BA85ÿB.;Bÿ;8/ÿE8AFF2@9ÿ6=ÿB./ÿ.A78
2@3<7E2@9ÿGA@9G/;CÿH;IAJÿK;34?AAE5ÿG;@EJÿLFA8B5I;@5ÿH;IAÿHAM/85JÿN3.AÿH;<<5Jÿ;@E
IA8/O

NM/@ÿ;ÿKA=3ABBÿB./ÿNDB8;M;9;@P;ÿQRSTÿU;3/6AA4ÿF;9/ÿ.;5ÿ<;7@3./EO
ÿ
WXYZ[Z\]Yÿ\X__`\[ZX_aÿ[XÿbYXc]Yÿd]efZ_gÿhijX\]\k
-./ÿl2552552FF2ÿm2<E<2C/ÿU/E/8;B2A@ÿnlmUoÿ25ÿ;@ÿ;p<2;B/ÿACÿB./ÿ>;B2A@;<ÿm2<E<2C/ÿU/E/8;B2A@
n>mUoOÿÿ>mUÿ25ÿ;ÿ@;B2A@;<ÿ?2<E<2C/ÿ;@Eÿ/@M28A@I/@Bÿ3A@5/8M;@3=ÿA89;@2P;B2A@ÿB.;Bÿ?A845
?2B.ÿ</925<;B78/ÿBAÿq@Eÿr@;B78;<sÿ5A<7B2A@5ÿBAÿ2557/5ÿ573.ÿ;5ÿtAAE2@9Jÿ;5ÿ?/<<ÿ;5ÿ3A@C8A@B2@9
3<2I;B/ÿ3.;@9/Oÿ

uvwxyz{ÿ}~y€{ÿxyz{wyv‚ÿƒ„xÿ…†‡

'22(99988")"2310*21+23*2$89
98$
8$$9$
$$88$$88 2 ,2+
0123023131 45ÿ789
98ÿ 
8ÿÿ9ÿ
ÿÿ88ÿÿ 88 ÿ!ÿ48888ÿ988"ÿ
ÿ#ÿ$ÿ%&99ÿ988"
-.ÿ01123ÿ456ÿ789:.;<:4;7.=ÿ>7;.6?ÿ@78A6=ÿ47ÿA7BC:4ÿ456ÿDE:A6B6.4ÿ7@ÿDFBD=ÿ;.ÿ456
G;==;==;DD;ÿH6E4:IÿJ5;=ÿC69:.ÿ456ÿ?;=?:;.ÿC64K66.ÿH6E4:ÿ86=;?6.4=ÿ:.?ÿ456ÿGLMIÿ
OAA78?;.9ÿ47ÿ456ÿPLMÿ01Q2ÿOA4;7.ÿR6D7843ÿ456ÿ789:.;<:4;7.ÿ=FAA6==@FEESÿ?6@6.?6?ÿ:9:;.=4ÿ:
E69;=E:4;T6ÿ8;?68ÿ45:4ÿK7FE?ÿ5:T6ÿ86T;T6?ÿ456ÿU78D=ÿ7@ÿV.9;.668=WÿK5:4ÿ456ÿ789:.;<:4;7.
A:EE6?ÿX5;95ESÿ?:B:9;.93ÿK64E:.?=Y?6=487S;.9ÿZ:<77ÿ[FBD=ÿ[87>6A4ÿ;.ÿG;==;==;DD;\ÿC6A:F=6
;4ÿK7FE?ÿ5:T6ÿ?6=487S6?ÿ0113111ÿ:A86=ÿ7@ÿK64E:.?=I
J5;=ÿ;=ÿ.74ÿ456ÿ7.ESÿ:A4;7.ÿ4:]6.ÿCSÿ456ÿPLM3ÿ:=ÿ7F4E;.6?ÿ;.ÿ456;8ÿ01Q^Y01Q_ÿ:..F:E
`.:.A;:Eÿ86D784IÿJ5;=ÿ86D784ÿ=57K=ÿ7T68ÿ5:E@ÿ:ÿB;EE;7.ÿ?7EE:8=ÿ:EE7A:46?ÿ47ÿE7CCS;=4=I
a;.A6ÿ456.3ÿC69;..;.9ÿ;.ÿM6C8F:8S3ÿ5:E@ÿ:ÿB;EE;7.ÿ:A86=ÿ5:T6ÿC66.ÿb77?6?ÿ;.ÿK5:4ÿ5:=ÿC66.
869:8?6?ÿ:=ÿ456ÿK78=4ÿb77?;.9ÿ=;.A6ÿQc_dIÿG:.Sÿ@:8B68=3ÿ=FA5ÿ:=ÿH:8?6.3ÿK;EEÿ.74ÿC6
DE:.4;.9ÿ:ÿA87Dÿ45;=ÿS6:8ÿ:=ÿ456;8ÿD87D684Sÿ;=ÿ=4;EEÿF.?68K:468IÿÿJ5;=ÿK;EEÿE;]6ESÿA:F=6
?648;B6.4:Eÿ6A7.7B;Aÿ@:EE7F4ÿ@78ÿS6:8=ÿ47ÿA7B6Iÿ

J56ÿ;BD:A4=ÿ:86.W4ÿ>F=4ÿ6A7.7B;AIÿJ56ÿ;BD:A4ÿ7.ÿK;E?E;@6ÿ5:=ÿC66.ÿ?;=:=487F=IÿHF6ÿ47
b77?;.93ÿK;E?E;@6ÿ;=ÿ?S;.9ÿ7eÿ:4ÿ=FA5ÿ:.ÿ:E:8B;.9ÿ8:463ÿ6;4568ÿ@87Bÿ9644;.9ÿ5;4ÿCSÿA:8=ÿ:=
456Sÿ:86ÿ@78A6?ÿ47ÿ456ÿ87:?=ÿ78ÿ=4:8T:4;7.3ÿ45:4ÿ?668ÿ5F.4;.9ÿ=6:=7.ÿB:SÿC6ÿ=F=D6.?6?ÿ;.
456ÿ:86:ÿ45;=ÿS6:8Iÿ
J56ÿGLMW=ÿVf48:T:9:.<:ÿ;=ÿ].7K.ÿ:=ÿ;4W=ÿ456ÿC;996=4ÿ@F.?8:;=68ÿ7@ÿ456ÿS6:8ÿ@78ÿ456
789:.;<:4;7.IÿG:.Sÿ7@ÿ456ÿ5F.468=ÿ:.?ÿ7F4?778=B6.ÿK57ÿ9:4568ÿ45686ÿK;EEÿD:Sÿ456;8
:?B;==;7.ÿ@66ÿ47ÿ=FDD784ÿ456ÿ789:.;<:4;7.3ÿ8:;=;.9ÿB7.6Sÿ45:4ÿK7FE?3ÿ;.ÿ4F8.3ÿC6ÿ?7.:46?
47ÿ456ÿPLMIÿJ56ÿPLMÿ86A6;T6?ÿ:.ÿ7T68ÿg_^3111ÿ?7.:4;7.ÿ@87Bÿ456ÿGLMÿ;.ÿ456ÿE:=4ÿ̀=A:E
S6:8I
'22(99988")"2310*21+23*2$89
98$
8$$9$
$$88$$88 2 ,2+
0123023131 45ÿ789
98ÿ 
8ÿÿ9ÿ
ÿÿ88ÿÿ 88 ÿ!ÿ48888ÿ988"ÿ
ÿ#ÿ$ÿ%&99ÿ988"
,-ÿ/011ÿ23456-ÿ6708ÿ869:;ÿ/067ÿ5440609<51ÿ-=70>069:8ÿ4-?0809<8ÿ69ÿ865;ÿ9:ÿ@9ÿ/067ÿ67-ÿ-A-<6Bÿ
DEFGHIÿJÿH2-845;ÿKLMNLOP

ÿ
QR9::-?609<Qÿ
H7-ÿS0?T8>2:@ÿU-/8ÿ/58ÿ0<?9::-?61;ÿ04-<60V-4ÿ58ÿH7-ÿS0?T8>2:@ÿE986ÿ0<ÿ67-ÿ9:0@0<51ÿ39860<@
9Wÿ6708ÿ5:60?1-Bÿÿ,-ÿ53919@0X-ÿW9:ÿ67-ÿ-::9:B
ÿ

YZ[\]^_`ÿYb\]_\
cdefghijÿclfgifÿmnÿlÿodpmgmqlpÿcdffinrdhsihgÿtdfÿuvlppÿodpmgmqnÿlhsÿqdwifnÿipiqgmdhÿhixnÿlnÿxippÿlnÿiseqlgmdhÿmh
ymnnmnnmrrmzÿ{|iÿqlhÿ}iÿfilq|isÿlgÿqdefghij~jlpprdpmgmqnzqd

'22(99988")"2310*21+23*2$89
98$
8$$9$
$$88$$88 2 +2+
EXHIBIT "7"
EXHIBIT "8"
EXHIBIT "9"
EXHIBIT "10"
EXHIBIT "11"
 Jamie Laird

From: Cathy Shropshire <cshropshire@mswf.org>

Sent: Thursday, September 05, 2019 2:43 PM
To: Jamie Laird
Cc: 'Jeanne Jones (hushnequa@gmail.com)'
Subject: RE: contract

Hey Jamie. Just wanted to let you know that my last day was last Friday. I am cc'ing Jeanne Jones on this email. I know
you have us "penciled in" but please let her know about signing a contract for the 2020 Ganza when you know
something definite. I realize it may be a couple of months yet before you know, but when you can, please email
her. Take care.
Cathy

From: Jamie Laird [mailto:Jamie@mdac.ms.gov)

Sent: Wednesday, August 7, 2019 4:00 PM
To: Cathy Shropshire <cshropshire@mswf.org>
Subject: Re: contract

Sorry Mrs. Cathy I was in a meeting. I tried to call you back. I can't do one on the new facility just yet until we figure out
the ticket situation since we have a contract with Ticketmaster. We aren't fl sure with the Trade Mart connected to
the coliseum that y'all might have to go through Tlcketmaster for your tickets.
We are trying to figure all that out

Jamie Laird
Mississippi Fair Grounds
1207 Mississippi Street
Jackson, MS 39202
601-961-4000
Visit: www.msfair.net

On Aug 7, 2019, at 11:49 AM, Cathy Shropshire <cshropshire@mswf.org> wrote:

Jamie:
Let me know about a 2020 contract. We would like to sign ASAP. Thanks Cathy

Confidentiality/ Privilege Notice: The information contained in thlsemal! Including any attachments Is intended solely for the addressee and may be lega!ty privileged
and confidential. lf you are not the intended recipient, you are hereby notified that any dissemination, distribution, er copying of this e-·mail is unauthorized and
strictly prohibited. If you have received this e•mall ln error, please notify the sender and permanently delete the e•ma!I and any attachments immediately. You should
not retain, copy, or use this e-mail or any attachments for any pur1u1se, nor disclose a!I or any part of the can tents to any other per.son.

EXHIBIT "12"
EXHIBIT "14"
"EXHIBIT 15"
EXHIBIT "16"
 Brian McDade

From: Brian Perry

Sent: Monday, September 16, 2019 5:21 PM
To: Andy Gipson
Subject: Draft Messages for Tomorrow after Fair Commission

Some DRAFT messages for tomorrow after the Fair Commission meets. For your review and any suggested edits or
thoughts:

###

We have several factors to consider when making decisions on the use of the Mississippi State Fair Grounds: wisest use
and return for taxpayer resources, promotion of agriculture and Mississippi, customer experience, and benefit to
Mississippians. Mississippi outdoor enthusiasts have grown accustomed over the past decades for the opportunity in
early August of attending an outdoors focused expo at the Fair Grounds.

As we look forward to August 2020, there are competing visions to continue this tradition. The Foundation for
Mississippi Wildlife, Fisheries, & Parks wants to create a larger and broader event. This vision would require the rental of
not just the Mississippi Trade Mart, but also the Coliseum and Kirk Ford ice Equine Center which generates more revenue
for the Fair Grounds. They plan to expand the outdoors scope to include agricultural equipment and displays. A number
of vendors and attendees expressed a desire for something better after this year's event, and we believe the Foundation
for Mississippi Wildlife, Fisheries, & Parks will meet that desire, and their commitment to putting the revenue generated
by the event into outdoor youth education and activities makes this a stronger benefit to Mississippians.

After reviewing policies going forward in renting facilities after the new Mississippi Trade Mart is completed, today a
contract was signed with the Foundation for Mississippi Wildlife, Fisheries, & Parks to host an outdoors and agricultural
expo at the end of summer in 2020.

###

Additional potential comments if asked directly about the Mississippi Wildlife Federation:

Earlier this year, the Mississippi Wildlife Extravaganza put on by the Mississippi Wildlife Federation became a huge
disappointment to attendees and vendors alike. Their disappointment was due in large part to the organization's
opposition to Yazoo Backwater Pumps which would protect wildlife, farmland, infrastructure, homes and businesses in
the South Delta, and the realization by many that this organization was funding left-wing national interests that oppose
what's best for Mississippi outdoor enthusiasts. I was disappointed in this, too. But the decision to sign a contract
instead with the Foundation for Mississippi Wildlife, Fisheries, & Parks was not a political decision; this was a market
decision that incorporated all the issues for consideration of renting the facilities. The Foundation wants to rent more
facilities than the Federation. The Foundation can generate more participation by vendors and attendees than the
Federation. The Foundation's vision benefits Mississippi Agriculture and the people of Mississippi more than the
Federation's plan. In every way, it makes more sense to sign the contract with the Foundation, and I'm looking forward
to best outdoors and agricultural expo in Mississippi's history next year.

Confidentiality/ PrivUege Notice: The information contained in this email including any attachments is intended solely for the addressee and may be legally privileged
and confidential. If you are not the intended recipient, you are hereby noUfied that any dissemination, distribution, or copying of this e-mail is unauthorized and
str[ctly prohibited. If you have received this e-mail In error, please notify the sender and permanently delete the e-mail and any attachments immediately. You should
not retain, copy, or use this e�mail or any attachments for any purpose, nor disclose all or any part of the contents to any other person.

129

EXHIBIT "17"
EXHIBIT "18"
 Bo.b Graves

From: Steve Hutton

Sent: Tuesday, October 1, 2019 2:34 PM
To: Brian Perry; Bob Graves; Julie Mclemore; Paige Manning; Chris McDonald
Subject: Fwd: 2020 use of Mississippi Fairgrounds
Attachments: 4147_001.pdf

The email below has been sent.

Steve Hutton
Executive Director
Mississippi State Fairgrounds
1207 Mississippi Street
Jackson, MS 39202

601.961.4000 (Coliseum Office)

601.354.6545 (Fax)
601.209.2360 (Cell)
www.MsStateFair.com

Begin forwarded message:

From: Steve Hutton <Steve@mdac.ms.gov>

Subject: 2020 use of Mississippi Fairgrounds
Date: October 1, 2019 at 2:31 :50 PM CDT
To: Jeanne Jones <hus!mequa@1nnail.com>
Cc: <Jfriedel@mswf.org>

Jeanne and Joshua,

I hope this finds you well.

We had some correspondence with Cathy Shropshire prior to her departure inquiring about dates for the 2020
Extravaganza. We also have had inquiries from other groups for the same dates. We have leased the property
to another organization for a similar show on July 31-August 2 and won't be able to accommodate the
Federation during that timeframe in 2020. The blackout window for a similar outdoor show is 45 days prior and
30 days after. If there are other dates you would ever wish to consider, please let us know.

Attached is a letter from Commissioner Andy Gipson who also serves as Chairman of the Mississippi Fair
Commission.
Steve Hutton
Executive Director
Mississippi State Fairgrounds
1207 Mississippi Street
Jackson, MS 39202

601.961.4000 (Coliseum Office)

601.354.6545 (Fax)

EXHIBIT "19"