Case: 3:20-cv-00224-NBB-RP Doc #: 66-5 Filed: 02/02/21 1 of 58 PageID #: 472 EXHIBIT 5 Case: 3:20-cv-00224-NBB-RP Doc #: 66-5 Filed: 02/02/21 2 of 58 PageID #: 473 Page 1 ·1· · · · · · · · · · · · Kevin Frye ·2· · · · · IN THE UNITED STATES DISTRICT COURT ·3· · · · · · NORTHERN DISTRICT OF MISSISSIPPI ·4· · · · · · · · · · ·Oxford Division ·5 ·6 ·7· * * * * * * * * * * * * * * * * ·8· JOHN RASH, ·9· · · · · · Plaintiff, · · · · · · · · · · · · · · · · · · · · ·3:20-cv-224-NBB-RP 10· v. 11· LAFAYETTE COUNTY, MISSISSIPPI, 12· · · · · · Defendant. 13· * * * * * * * * * * * * * * * * 14 15 16· · · ·VIDEOTAPED VIDEO CONFERENCE DEPOSITION OF 17· · · · · · · · · · · ·KEVIN FRYE 18· · · · · · · · ·Location of witness: 19· · · · · · · · 1100 Tyler Avenue, #101 20· · · · · · · · · · Oxford, MS· 38655 21· · · · · · · · Tuesday, December 8, 2020 22 23 24· Reported by:· DEBRA AMOS ISBELL, CCR,RDR,CRR 25· Job No: 187458 TSG Reporting - Worldwide· · +1-601-621-1968 YVer1f Case: 3:20-cv-00224-NBB-RP Doc #: 66-5 Filed: 02/02/21 3 of 58 PageID #: 474 Page 2 Page 3 ·1· · · · · · · · Kevin Frye ·1· · · · · · · · · · · · Kevin Frye ·2 · · · · · · · · · · ·A P P E A R A N C E S ·3 ·2 ·4 ·5 · · · · · · (ALL APPEARANCES BY VIDEO CONFERENCE) ·6 ·3 · · · · · · · December 8, 2020 ·4 ·7 · · · · · · · · · 9:15 a.m. ·5· C. JACKSON WILLIAMS, ESQUIRE ·8 ·6· Attorney for the Plaintiff ·9 ·7· P.O. BOX 69 10 11 ·8· Taylor, MS· 38673 12 ·9· · · BY:· C. JACKSON WILLIAMS, ESQUIRE · · ·Videotaped Video Conference Deposition 10 13 11 · · ·of KEVIN FRYE, with the witness 14 12 · · ·located at his office, 1100 Tyler Avenue, 13· ACLU OF MISSISSIPPI 15 14· Attorneys for the Plaintiff · · ·#101, Oxford, Mississippi, before 16 15· P.O. Box 2242 · · ·Debra Amos Isbell, a Registered Professional 16· Jackson, MS· 39225 17 17· · · ·BY:· JOSHUA TOM, ESQUIRE · · ·Reporter, Registered Diplomate Reporter, 18 18 · · ·Certified Realtime Reporter, and 19 19 20 · · ·Mississippi Certified Court Reporter. 20 21 21 22 22 23 23 24 24 Page 4 Page 5 ·1· · · · · · · · · · · · Kevin Frye ·1· · · · · · · · · · · · Kevin Frye · · APPEARANCES (Continued) ·2· · · · · · THE VIDEOGRAPHER:· Good morning.· My name is ·2 ·3· William Thomas.· I am a certified legal videographer ·3· CLAYTON O'DONNELL ·4· Attorneys for the Defendant ·4· in association with TSG Reporting. ·5· 1403 Van Buren Avenue ·5· · · · · · Due to the severity of the COVID-19 outbreak ·6· Oxford, MS· 38655 ·6· and following the practice of social distancing, I ·7· · · ·BY:· DAVID O'DONNELL, ESQUIRE ·7· will not be in the same room with the witness. ·8 ·8· Instead I will record this videotaped deposition ·9 ·9· remotely.· The reporter, Debra Isbell, also will not 10 11 10· be in the same room and will swear in the witness 12 11· remotely. · · Court Reporter: 12· · · · · · Do all parties stipulate to the validity of 13 13· this video recording and remote swearing in and that · · · · ·DEBRA AMOS ISBELL, CCR,RDR,CRR 14· it will be admissible in the courtroom as if it had 14 15· been taken following Rule 30 of the Federal Rules of 15 · · Videographer: 16· Civil Procedures and the state's rules where this case 16 17· is pending? · · · · ·WILLIAM THOMAS 18· · · · · · MR. WILLIAMS:· So stipulated. 17 19· · · · · · MR. O'DONNELL:· Yes.· No objections. 18 20· Stipulated. 19 21· · · · · · THE VIDEOGRAPHER:· All right.· Thank you 20 22· very much. 21 22 23· · · · · · This is the start of media labeled number 1 23 24· of the video-recorded deposition of Kevin Frye taken 24 25· in the matter of John Rash, plaintiff, versus TSG Reporting - Worldwide· · +1-601-621-1968 YVer1f Case: 3:20-cv-00224-NBB-RP Doc #: 66-5 Filed: 02/02/21 4 of 58 PageID #: 475 Page 6 Page 7 ·1· · · · · · · · · · · · Kevin Frye ·1· · · · · · · · · · · · Kevin Frye ·2· Lafayette County, Mississippi, defendant.· This is in ·2· · · · · · · · · · · ·EXAMINATION ·3· the United States District Court, Northern District of ·3· BY MR. WILLIAMS: ·4· Mississippi, Oxford Division, case number ·4· · · Q.· · Kevin, to get started, I just want to get a ·5· 3:20-CV-224-NBB-RP.· The time is 9:15 central time. ·5· little bit of your background information.· And let's ·6· The date is December 8th, 2020.· William Thomas is the ·6· start off with when did you arrive in Oxford? ·7· videographer.· Debra Isbell is the court reporter. ·7· · · A.· · I came to Oxford in 2002 to start law school ·8· · · · · · Counsel, would you now identify yourselves ·8· here. ·9· for this proceeding. ·9· · · Q.· · And how long were you here for law school? 10· · · · · · MR. WILLIAMS:· C. Jackson Williams, counsel 10· · · A.· · I graduated in 2005.· Started a job in 11· for the plaintiff.· Ms. Isbell, my bar number is 7226 11· Jackson; was there for about 18 months, 20 months or 12· if you need to look up my contact information later 12· so.· And then I've been back in Oxford since early 13· for the record. 13· 2007. 14· · · · · · MR. TOM:· Joshua Tom, ACLU of Mississippi, 14· · · Q.· · And what did you do when you arrived back in 15· on behalf of Plaintiff John Rash. 15· Oxford in 2007? 16· · · · · · MR. O'DONNELL:· David O'Donnell on behalf of 16· · · A.· · Well, my first job was working for Judges 17· Lafayette County, Mississippi. 17· Howorth and Lackey in the Circuit Court of our 18· · · · · · THE VIDEOGRAPHER:· All right.· Thank you. 18· district in the Lafayette County Circuit Court 19· · · · · · Will the court reporter please swear in the 19· building. 20· witness. 20· · · Q.· · And this was the courthouse in the middle of 21· · · · · · COURT REPORTER:· Mr. Frye, would you raise 21· the square -- 22· your right hand, please. 22· · · A.· · Yes. 23· · · · · · · · · · · ·KEVIN FRYE 23· · · Q.· · -- or was it in the courthouse that is now 24· · · · · ·was sworn and testified as follows: 24· the Chancery building? 25· · · · · · THE WITNESS:· I do. 25· · · A.· · Well, actually both.· When I first started Page 8 Page 9 ·1· · · · · · · · · · · · Kevin Frye ·1· · · · · · · · · · · · Kevin Frye ·2· working, it coincided with some remodeling that ·2· · · A.· · Well, our term of court happens once a ·3· occurred on the grounds of the Circuit Court building. ·3· quarter, so January, April, July, and October.· I'm ·4· So I started working for Judge Howorth.· My office was ·4· always there in those months off and on.· And beyond ·5· in the white courthouse in the center of the square. ·5· that probably I'm in that building at least three or ·6· · · · · · I can't remember the month, but somewhere in ·6· four times a month if there's nothing going on.· And ·7· April, I'm thinking, May sometime, we moved into the ·7· if there is court going on, I'm there almost on a ·8· Chancery Building where we were until -- well, ·8· daily basis during those months of term. ·9· actually I took a different job, opened my office ·9· · · Q.· · Where is your office located in relation to 10· before we were able to move back into the regular 10· the Circuit Courthouse in Oxford, Mississippi? 11· Circuit Court building. 11· · · A.· · Currently my office is at 1100 Tyler, which 12· · · Q.· · When did you open your office again? 12· is on 11th and Tyler Avenue.· For those familiar with 13· · · A.· · Late 2007. 13· Oxford, kind of what I tell everybody is the parking 14· · · Q.· · What sort of practice have you developed 14· lot behind City Grocery is what my office faces.· So I 15· since late 2007? 15· can see the clock tower of the courthouse from the 16· · · A.· · General practice law firm.· We do a variety 16· front door. 17· of different small business work, family law work, and 17· · · · · · When I first started my practice -- I guess 18· criminal defense work. 18· I have had a couple of different offices.· But for 19· · · Q.· · Does your practice ever require you to 19· almost five years I was above My Favorite Shoes in the 20· litigate or visit the Circuit Courthouse in the middle 20· space there with the balcony that overlooks the 21· of the square in Oxford? 21· courthouse.· So throughout the time I've practiced in 22· · · A.· · Sure.· Regularly, yes.· I'm there 22· Oxford, my office has been on or immediately around 23· frequently. 23· the square. 24· · · Q.· · And when you say "regularly" or 24· · · Q.· · So My Favorite Shoes is on the square 25· "frequently," what does that mean? 25· itself? TSG Reporting - Worldwide· · +1-601-621-1968 YVer1f Case: 3:20-cv-00224-NBB-RP Doc #: 66-5 Filed: 02/02/21 5 of 58 PageID #: 476 Page 10 Page 11 ·1· · · · · · · · · · · · Kevin Frye ·1· · · · · · · · · · · · Kevin Frye ·2· · · A.· · It is, yes.· It's on the west -- I guess ·2· say "the courthouse," I'm talking about the Circuit ·3· that would be the southwest corner of the square. ·3· Court building that's in the middle of the square. ·4· · · Q.· · And it faces directly to the courthouse? ·4· And I have some photographs that I have marked as ·5· · · A.· · Yes.· The south lawn of the courthouse; ·5· Exhibit B composite.· Would you download those, ·6· that's right. ·6· please, if you have not done that already? ·7· · · Q.· · At some point you were elected supervisor ·7· · · A.· · Yeah, I have them here.· I have them. ·8· for Lafayette County; am I correct? ·8· · · · · · (EXHIBIT B, COMPOSITE EXHIBIT OF PHOTOGRAPHS ·9· · · A.· · That's right.· I took office in January of ·9· · · · · · ·B-1 - B-23 WAS MARKED FOR IDENTIFICATION.) 10· 2016. 10· · · Q.· · And then I have a second document that I'm 11· · · Q.· · And for how long were you a supervisor? 11· getting ready to upload right now.· It's Exhibit A. 12· · · A.· · One term, four years. 12· And it's just a map taken from, I think, probably a 13· · · Q.· · And tell me generally what your 13· Chamber of Commerce or Tourism Board.· But I want to 14· responsibilities were as a supervisor? 14· use this to make certain that we stay oriented as we 15· · · A.· · Broadly, I think, the health, safety and 15· go through the photographs. 16· welfare of the residents of Lafayette County.· That 16· · · · · · Have you opened that? 17· encompasses a wide variety of things from, you know, 17· · · A.· · Yes. 18· the provision of local government services like roads 18· · · · · · (EXHIBIT A, MAP OF DOWNTOWN OXFORD, WAS 19· and bridges and picking up the trash to maybe some 19· · · · · · ·MARKED FOR IDENTIFICATION.) 20· other things that people don't think about as much 20· · · Q.· · And so do you see the courthouse in the 21· like dealing with the jail or with the court system, 21· center of that map excerpt? 22· things like that. 22· · · A.· · I do. 23· · · Q.· · We'll return to that in a little bit. 23· · · Q.· · I have superimposed the dial of a clock on 24· · · · · · Now, I'm going to ask you some questions 24· the courthouse itself.· And what I would like to do as 25· just about the layout of the courthouse.· And when I 25· we go through these photographs is use a reference to Page 12 Page 13 ·1· · · · · · · · · · · · Kevin Frye ·1· · · · · · · · · · · · Kevin Frye ·2· the number on the dial to keep us oriented.· And that ·2· those buildings? ·3· way it will be easy for everybody to look at where we ·3· · · A.· · That's correct. ·4· are, approximately, as you're describing the content. ·4· · · Q.· · And your office building is just on the ·5· · · · · · While we have this open your first office ·5· other side of that parking lot? ·6· that was on the square, approximately where was it ·6· · · A.· · That's right.· It looks amanda05@example.com. ·7· when you look at this dial? ·7· · · Q.· · Okay.· And so, again, if you'll just use ·8· · · A.· · 71 and 72, 73.· That looks to me to be the ·8· this to keep us oriented during your testimony of what ·9· first floor, so it's above those numbers there, which ·9· we're getting ready to look at. 10· is located at 8 on the dial. 10· · · · · · Let's open up Composite Exhibit B. 11· · · Q.· · Was this the office space that Steve McDavid 11· · · A.· · Okay.· I've got it. 12· offered for a while? 12· · · Q.· · Okay.· So do you see the photograph that has 13· · · A.· · Yes, yes.· He still has space up there, as I 13· the label Exhibit B-1 underneath it? 14· understand.· I had an office up there; that's right. 14· · · A.· · I do. 15· · · Q.· · Okay.· And so it faced -- his second-story 15· · · Q.· · And what do you see? 16· office faces directly onto the square.· And if I 16· · · A.· · That's the southern view of the courthouse 17· remember correctly, there are windows where you can 17· taken from right about 5 o'clock on your dial, it 18· look out and see onto the square itself; is that 18· looks like, in front of Village Tailor probably, maybe 19· correct? 19· next door to that. 20· · · A.· · That's right. 20· · · Q.· · Okay.· What is Village Tailor? 21· · · Q.· · And on this dial approximately where is 21· · · A.· · Village Tailor is number 2 on your map. 22· your -- the direction of your present office? 22· It's a business that sells women's clothing on the 23· · · A.· · If you take 7 and follow it through those 23· square. 24· buildings, directly behind those buildings. 24· · · Q.· · Okay.· Let's move down to Exhibit B-2.· And 25· · · Q.· · There's a parking lot immediately behind 25· what is that? TSG Reporting - Worldwide· · +1-601-621-1968 YVer1f Case: 3:20-cv-00224-NBB-RP Doc #: 66-5 Filed: 02/02/21 6 of 58 PageID #: 477 Page 14 Page 15 ·1· · · · · · · · · · · · Kevin Frye ·1· · · · · · · · · · · · Kevin Frye ·2· · · A.· · This is a view from the -- right to the ·2· you are that leads to Square Books, but there's not a ·3· north, just right directly north of the Confederate ·3· crosswalk looking straight ahead as we are towards My ·4· monument on the square looking at the sidewalk that ·4· Favorite Shoes. ·5· faces My Favorite Shoes. ·5· · · Q.· · Do you know whether the sidewalk circumvents ·6· · · Q.· · So can we see where your office was located ·6· the courthouse or does it just extend around part of ·7· in the photograph that's Exhibit· -- that's identified ·7· the courthouse? ·8· as Exhibit B-2? ·8· · · · · · MR. O'DONNELL:· Object to the form.· Go ·9· · · A.· · You can.· The building in the left top ·9· ahead. 10· corner, you can see white railing.· And that's the 10· · · A.· · It goes around.· You can make your way 11· second floor.· My office was up there.· You can see a 11· around the courthouse on that sidewalk. 12· couple of windows that lead into the hallway and that 12· · · Q.· · Okay.· So the answer is yes, you do know? 13· balcony there, yes. 13· · · · · · MR. O'DONNELL:· Object to the form. 14· · · Q.· · Now, does this photograph accurately 14· · · A.· · Yes. 15· represent the square?· Do you have any doubt as to 15· · · Q.· · And based upon your knowledge -- what is 16· whether it's a true representation? 16· your knowledge about whether it goes around or not? 17· · · A.· · No.· Actually it appears to represent the 17· · · A.· · To my knowledge, you can go all the way 18· square at Christmastime, if you want me to be more 18· around.· At least I've done that before. 19· specific. 19· · · Q.· · So can you tell me about the establishments 20· · · Q.· · Tell me about that sidewalk. 20· that we see on the square from this angle? 21· · · A.· · Yeah.· Well, you say a "sidewalk."· I mean 21· · · A.· · Sure.· You have My Favorite Shoes at the 22· it's a narrow -- it's a narrow sidewalk that will get 22· bottom left building.· I can't remember what all of 23· you from these few parking spaces around the 23· them are, frankly.· You have the blue awning that's 24· courthouse into the courthouse area proper.· There's a 24· Katherine Beck.· It's not a store I shop in.· The next 25· crosswalk south to the left in the picture of where 25· building, the green building, is the Round Table, Page 16 Page 17 ·1· · · · · · · · · · · · Kevin Frye ·1· · · · · · · · · · · · Kevin Frye ·2· which is a restaurant.· And then as you move farther, ·2· Village Tailor, which is directly behind there with ·3· you get over towards -- outside the picture towards ·3· those black awnings, which you can see kind of to the ·4· where Ajax is. ·4· right of the Confederate monument. ·5· · · Q.· · And what is Ajax? ·5· · · Q.· · And where is it, approximately, on our ·6· · · A.· · Ajax is a restaurant located on the west ·6· clock? ·7· side of the square. ·7· · · A.· · Where is what?· Village Tailor you're ·8· · · Q.· · What is its size or volume like, if you ·8· speaking of? ·9· know? ·9· · · Q.· · No.· The vantage point from which this 10· · · A.· · It's quite busy.· It's one of the busiest 10· photograph appears to be taken. 11· restaurants in Oxford, I think, volume wise. 11· · · A.· · Oh, at about 6:30, I'd say. 12· · · Q.· · Do you know what sort of hours they keep? 12· · · Q.· · There's a gate that leads from the 13· · · A.· · They are open at 11:30.· And I know that, 13· courthouse into the street, yes or no? 14· from having been on the square for so many years, 14· · · A.· · Yes.· Those two red ribbons that you can see 15· there's always a line.· Maybe not during COVID.· But 15· mark either side of the end of the fence line, if 16· most other times there's a line to get in the door 16· that's what you're speaking of. 17· before 11:30.· I don't know what time they close. 17· · · Q.· · Would you describe any gates that can be 18· Generally I'm usually at home asleep, frankly. 18· used to lock or close the entrance to the fence -- I 19· · · Q.· · Do you know whether they have dinner hours? 19· mean the entrance to the courthouse? 20· · · A.· · They do, yes. 20· · · A.· · There is no gate.· And it's, to my 21· · · Q.· · So let's move to Exhibit B-3, the next 21· knowledge, never been closed off. 22· photograph.· What is that? 22· · · Q.· · Have you ever seen it closed off with a 23· · · A.· · That is a view from the courthouse lawn, 23· gate? 24· which would be on the southern side of the courthouse 24· · · A.· · During construction in 2007 it was closed 25· looking at the Confederate monument and towards 25· off with a gate while the remodel of the building was TSG Reporting - Worldwide· · +1-601-621-1968 YVer1f Case: 3:20-cv-00224-NBB-RP Doc #: 66-5 Filed: 02/02/21 7 of 58 PageID #: 478 Page 18 Page 19 ·1· · · · · · · · · · · · Kevin Frye ·1· · · · · · · · · · · · Kevin Frye ·2· being completed.· I've seen recently when they put ·2· that runs circular around the lawn.· Anyway, what ·3· some new sod down, I saw some orange construction tape ·3· we're looking at is that gate that goes over towards ·4· to keep people off the new sod.· But other than that, ·4· My Favorite Shoes where my former office used to be. ·5· no, it's not typically closed for any reason unless ·5· There's not a crosswalk there, but it gets used by ·6· it's construction. ·6· people coming from that direction if you were to park ·7· · · Q.· · Now, in the lower left-hand quadrant, I see ·7· across the street. ·8· what appear to be benches.· Can you tell me what those ·8· · · Q.· · Let's move up to the exhibit that's marked ·9· are? ·9· as Exhibit B-5. 10· · · A.· · Yeah.· So there's a sitting area on the 10· · · A.· · Okay. 11· south side as you enter the courthouse lawn.· There 11· · · Q.· · And what is that? 12· are benches both on this side of the sidewalk, which 12· · · A.· · This is a picture from the southwest corner 13· is on the west side, and on the east side of the 13· of the courthouse looking towards the northwest there. 14· sidewalk for people to sit and relax.· It's a nice 14· You can see Ajax, which is the yellow -- well, you see 15· shaded spot in the summer particularly. 15· JCP Apparel, which is the white building that has the 16· · · Q.· · Have you ever seen people seated there? 16· sign, and then Ajax is under the balcony left of 17· · · A.· · Regularly. 17· there.· You see Bour? which is a restaurant as well. 18· · · Q.· · Let's scroll down to the photograph that's 18· · · Q.· · Okay.· Now, the yellow building with the 19· marked as Exhibit B-4.· Can you tell me what that is? 19· orange footers and we see what looks like the new 20· · · A.· · This is a view from the courthouse lawn.· We 20· Mississippi flag on the pole, do you know what's 21· are at the intersection of the -- if you come out of 21· inside of that building? 22· the south entrance to the courthouse, there's a 22· · · A.· · Yes.· That's where Ajax is located. 23· sidewalk that you can take that runs along the 23· · · Q.· · Okay.· Now, on the corner, behind a red 24· building.· That's the bricks that you see.· And then 24· sedan and a white pickup truck, there's a sort of 25· you kind of see intersecting with that the sidewalk 25· tan-colored building.· Do you know what's in that Page 20 Page 21 ·1· · · · · · · · · · · · Kevin Frye ·1· · · · · · · · · · · · Kevin Frye ·2· building? ·2· particular client.· But based upon your practice ·3· · · A.· · Yeah.· Upstairs is Rooster's and downstairs ·3· generally, can you tell me when it's popular? ·4· is a steak restaurant, The Oxford Grillehouse I ·4· · · A.· · Oh, sure.· Late night, in the evenings after ·5· believe it's called. ·5· dark most of the time. ·6· · · Q.· · What is Rooster's? ·6· · · Q.· · If we move across the street -- and if I ·7· · · A.· · Rooster's is a restaurant and bar. ·7· recall correctly, that's where Jackson Avenue ·8· · · Q.· · Do you know how popular the bar is? ·8· begins -- there's a two-story green building.· What is ·9· · · A.· · Yes, it's popular based on -- ·9· that? 10· · · · · · MR. O'DONNELL:· That's a loaded question. 10· · · A.· · Green, that Bour? building. 11· · · A.· · It is.· I could tell you a lot of stories 11· · · Q.· · And what is Bour?? 12· about that. 12· · · A.· · Bour? is a restaurant that's part of the 13· · · · · · But yeah, based on the number of clients 13· City Grocery Restaurant Group. 14· that come and see me having been at Rooster's, I will 14· · · Q.· · And what is the City Grocery Restaurant 15· tell you it's popular with the college-age crowd for 15· Group? 16· sure. 16· · · A.· · It's a set of restaurants owned by John 17· · · Q.· · Now, when you say "it's popular with the 17· Currence. 18· college-age crowd" -- 18· · · Q.· · And who is John Currence? 19· · · A.· · Maybe they're just the ones that come to see 19· · · A.· · He's a local restaurateur in the Oxford 20· me.· Like I said earlier, I've got two kids that are 20· community. 21· under five, so I haven't spent time on the square late 21· · · Q.· · Do you know whether he has any sort of 22· night in years.· But it's a popular place. 22· reputation nationally insofar as food is concerned? 23· · · Q.· · Can you tell approximately when the 23· · · A.· · Sure.· He's a James Beard award winner and 24· college-age students are there based -- and I 24· he's well known throughout the country, I believe. 25· certainly don't want you to disclose confidence of any 25· · · Q.· · Do you have any reason to know how popular TSG Reporting - Worldwide· · +1-601-621-1968 YVer1f Case: 3:20-cv-00224-NBB-RP Doc #: 66-5 Filed: 02/02/21 8 of 58 PageID #: 479 Page 22 Page 23 ·1· · · · · · · · · · · · Kevin Frye ·1· · · · · · · · · · · · Kevin Frye ·2· that restaurant is? ·2· from the street level. ·3· · · A.· · Bour?, yeah.· It's a place I've spent a lot ·3· · · Q.· · Do you know whether pedestrians ever use the ·4· of time over the years.· It's quite popular. ·4· crosswalk to get either from the courthouse to the ·5· · · Q.· · How would you describe, I guess, the volume ·5· square itself or from the square to the courthouse? ·6· of its business when you've been there? ·6· · · A.· · Every day. ·7· · · A.· · Busy.· It's usually half full, at least. ·7· · · Q.· · Tell me about the gate that closes access to ·8· It's quite a busy place. ·8· the courthouse from the square between those two ·9· · · Q.· · Is it a small or large establishment? ·9· ribbons. 10· · · A.· · It's a big establishment.· You can fit quite 10· · · A.· · Well, it's not a gate.· It doesn't close 11· a number of people in there.· We actually had our 11· access.· It's just -- reality is that the lawn of the 12· wedding reception there a number of years ago. 12· courthouse is elevated from street level.· So the 13· · · · · · Sorry.· We're getting the door closed to my 13· purpose of that fencing is to keep somebody from 14· office.· We're having a little distraction here. 14· falling off more than to keep somebody in or out. 15· · · · · · Go ahead. 15· · · Q.· · And going back to our clock, where, 16· · · Q.· · Before we -- well, I've got a couple of 16· approximately, is this on the clock? 17· other questions about this.· So if you look by the 17· · · A.· · 9 o'clock. 18· black Jeep -- 18· · · Q.· · 9 o'clock being where the crosswalk is or 9 19· · · A.· · Yes. 19· o'clock being from the photographer's apparent vantage 20· · · Q.· · -- what's right in front of the black Jeep? 20· point? 21· · · A.· · That's a crosswalk to cross to the parking 21· · · A.· · 9 o'clock is where the crosswalk is.· The 22· spots there. 22· photographer is at 8 o'clock. 23· · · Q.· · We've got two red ribbons.· What's between 23· · · Q.· · Okay.· So let's move down to Exhibit B-6. 24· the two red ribbons? 24· And what is this? 25· · · A.· · That's the stairs up to the courthouse lawn 25· · · A.· · This is -- okay.· This is from the same Page 24 Page 25 ·1· · · · · · · · · · · · Kevin Frye ·1· · · · · · · · · · · · Kevin Frye ·2· vantage point practically near the 8 o'clock spot ·2· But this is the entirety of the west side of the ·3· where the last picture was taken from.· But rather ·3· square. ·4· than looking northwest, it looks directly north.· You ·4· · · Q.· · And if we are positioned in front of the ·5· can see YaYa's, which is a frozen yogurt and custard ·5· crosswalk, where is that on our clock dial? ·6· business, and the Tollison Law Office on the second ·6· · · A.· · 9 o'clock. ·7· floor. ·7· · · Q.· · Okay.· So let's move to Exhibit B-8.· Do you ·8· · · Q.· · Now, where is YaYa's? ·8· know what this is? ·9· · · A.· · It's on the first floor right over the top ·9· · · A.· · Yes.· This is the view taken looking at the 10· of the car that you can see parked around the 10· west side of the courthouse where we were -- from the 11· courthouse lawn. 11· perspective of the previous photographs looking at 12· · · Q.· · Now, let's move to Exhibit B-7.· And I'll 12· where the photographer was standing.· So we're in 13· represent to you that this is a panoramic shot taken 13· front of one of these businesses on the west side of 14· -- my son took with his iPhone.· Needless to say, 14· the square facing the courthouse. 15· there's distortion that's introduced simply because of 15· · · Q.· · And again, where are we on the clock? 16· the angle of taking the shot.· But what does this 16· · · A.· · 9 o'clock. 17· represent? 17· · · Q.· · Move to Exhibit B-9.· What is this? 18· · · A.· · This represents a view from 9 o'clock on the 18· · · A.· · This looks like a picture taken of the 19· courthouse, taken directly from the west side of the 19· parking on the west side of the square.· There's a 20· courthouse.· You can see on the left edge of the 20· sidewalk.· If you park your car facing towards the 21· picture Square Books, which is a well-known landmark 21· east, there's a sidewalk there.· It looks like the 22· on the south side of the square, going all the way to 22· photographer was standing there looking at the north 23· the right side of the picture where you can see -- I'm 23· side of the courthouse.· This fenced-in area is where 24· not sure if you can see YaYa's.· I think it might be 24· the HVAC system is.· And then you can see Oxford City 25· blocked off by the HVAC system for the courthouse. 25· Hall through the limbs of the tree here. TSG Reporting - Worldwide· · +1-601-621-1968 YVer1f Case: 3:20-cv-00224-NBB-RP Doc #: 66-5 Filed: 02/02/21 9 of 58 PageID #: 480 Page 26 Page 27 ·1· · · · · · · · · · · · Kevin Frye ·1· · · · · · · · · · · · Kevin Frye ·2· · · Q.· · So when you say "fenced in," are you talking ·2· · · A.· · Most of the City of Oxford's staff, ·3· about where the white pillars are with the wood slats? ·3· administrative staff, at least.· It used to also ·4· · · A.· · The wooden fencing, yes. ·4· include the City Court, which has recently moved.· But ·5· · · Q.· · And where are we, approximately, on our ·5· the mayor's office, offices of the planning ·6· clock again? ·6· department, the building department, et cetera. ·7· · · A.· · Getting closer to 10 o'clock, maybe 9:45. ·7· · · Q.· · If you look just to the right of that, ·8· · · Q.· · Move down to Exhibit B-10. ·8· there's a brick building that is two stories with a ·9· · · A.· · Okay. ·9· flat roof.· Do you know what's housed in there? 10· · · Q.· · What do we see here? 10· · · A.· · Yes.· The first floor is Square Books, Jr. 11· · · A.· · This is a view from the sidewalk that 11· The second floor is now -- I believe it's still Rare 12· encircles -- just outside this safety fencing here 12· Square Books or something similar to that.· I've not 13· looking at the north side of the square.· Just outside 13· been in there since it was converted from a law 14· this picture to the right would be that same wooden 14· office.· But that's what's upstairs now. 15· fence we were just looking at with the HVAC system. 15· · · Q.· · And what is Square Books, Jr.? 16· · · Q.· · And where is this, approximately, on the 16· · · A.· · A kids' bookstore. 17· clock? 17· · · Q.· · Who owns it? 18· · · A.· · 10 o'clock. 18· · · A.· · The former mayor, Richard Howorth. 19· · · Q.· · There's a multi-story sort of Victorian 19· · · Q.· · Does he own any other book stores? 20· brick building on the other side of the courthouse 20· · · A.· · Square Books and Off Square Books, which are 21· grounds.· It's orange or orangish-red.· Do you know 21· also on the square. 22· what that is? 22· · · Q.· · And we spoke of Square Books a moment ago in 23· · · A.· · That's Oxford City Hall. 23· one of the earlier photographs; correct? 24· · · Q.· · And what's contained in the Oxford City 24· · · A.· · Correct. 25· Hall? 25· · · Q.· · So let's move to Exhibit B-11. Page 28 Page 29 ·1· · · · · · · · · · · · Kevin Frye ·1· · · · · · · · · · · · Kevin Frye ·2· · · A.· · This is now on the north side of the ·2· National Bank, the big brick building there.· And then ·3· courthouse lawn.· You can see the fencing, you can see ·3· past that, beyond that, is the Chancery Building, ·4· the dropoff to street level that I was discussing ·4· Lafayette County Chancery Building, which includes the ·5· earlier.· And this is the sidewalk that surrounds the ·5· Chancery Court, the Tax Assessor's Office, the ·6· courthouse lawn. ·6· Chancery Clerk's Office, the Board of Supervisors ·7· · · Q.· · And where are we, approximately, on our ·7· offices. ·8· clock? ·8· · · · · · On the left side of the road is YaYa's and ·9· · · A.· · 11:15 or so. ·9· the Tollison Law Office we talked about earlier.· Past 10· · · Q.· · Let's move to Exhibit B-12.· And this is 10· that is the Blind Pig and a number of other retail 11· another panoramic shot so, needless to say, the angles 11· businesses leading up to the coffee shop. 12· are skewed a little bit.· But what is that? 12· · · Q.· · What is the Blind Pig? 13· · · A.· · This is a photograph taken from the north 13· · · A.· · The Blind Pig is a restaurant and bar. 14· steps of the courthouse looking north up Lamar Avenue. 14· · · Q.· · Have you ever had any clients who part of 15· · · Q.· · And where would this be on the clock? 15· their story is being at the Blind Pig? 16· · · A.· · 12 o'clock. 16· · · A.· · I've had clients that part of their story is 17· · · Q.· · Tell me about looking up Lamar Avenue.· What 17· being in every restaurant, Jack.· So yes, I'm familiar 18· is Lamar Avenue? 18· with the square. 19· · · A.· · One of the main thoroughfares through the 19· · · Q.· · Do you know whether the Blind Pig is popular 20· City of Oxford.· Lamar runs north and south and is the 20· in the evening based on your professional practice? 21· north/south artery for the square. 21· · · A.· · Absolutely it is, yes. 22· · · Q.· · Do you know what sort of establishments you 22· · · Q.· · And do you know what people do there in the 23· can find going up the first, say, two blocks of North 23· evening? 24· Lamar? 24· · · A.· · They eat and drink, play pool, trivia 25· · · A.· · Sure.· On the right-hand side is First 25· sometimes. TSG Reporting - Worldwide· · +1-601-621-1968 YVer1f Case: 3:20-cv-00224-NBB-RP Doc #: 66-5 Filed: 02/02/21 10 of 58 PageID #: 481 Page 30 Page 31 ·1· · · · · · · · · · · · Kevin Frye ·1· · · · · · · · · · · · Kevin Frye ·2· · · Q.· · The same question about gates on the fence ·2· you're walking south -- that's a circle that goes ·3· that we can see based on the little red dots that are ·3· around the building, the brick.· And at each of the ·4· ribbons.· Do you know whether there have been any ·4· four directions of the compass, these gates are at ·5· gates erected there to regularly close off access to ·5· each of those four -- north, south, east, and west ·6· the courthouse? ·6· locations. ·7· · · A.· · No.· Access is never closed off.· The only ·7· · · Q.· · So does the sidewalk circumvent the ·8· time I can remember the north side having any access ·8· courthouse, the brick sidewalk? ·9· closed off was in 2007 during the remodeling project. ·9· · · A.· · It does. 10· And at that time the courthouse was vacant.· None of 10· · · Q.· · Not circumvent but -- 11· the functions of County government were occurring 11· · · A.· · It goes around.· It circles it, yes. 12· there.· They were elsewhere.· It was a construction 12· · · Q.· · Continuously? 13· zone. 13· · · A.· · Yes. 14· · · Q.· · Now, we keep seeing this brick sidewalk in 14· · · Q.· · So looking in front of the fenced-in HVAC 15· these photographs.· Do you know the course of the 15· system, what do you see? 16· sidewalk generally insofar as its relation to the 16· · · A.· · A bench. 17· courthouse is concerned? 17· · · Q.· · Do you know how many people can sit on those 18· · · A.· · I'm not sure I understand the question. I 18· benches, approximately? 19· know where it goes, if that's what you're asking, yes. 19· · · A.· · It depends on the size of the people.· But 20· · · Q.· · Well, let's go with that.· Where does it go? 20· two to four, I'd say. 21· · · A.· · Well, so if you walked up -- the view we're 21· · · Q.· · So let's move to Exhibit B-13. 22· looking at here, if you walk from the street south, 22· · · A.· · Okay. 23· you would go into the northern doors of the 23· · · Q.· · And what is this? 24· courthouse.· As you can see to the left of the 24· · · A.· · This is a view of the north side of the 25· picture -- which would be, I guess, stage right if 25· courthouse taken from the corner where First National Page 32 Page 33 ·1· · · · · · · · · · · · Kevin Frye ·1· · · · · · · · · · · · Kevin Frye ·2· Bank -- or maybe it's FNB now, I think.· This was ·2· correct? ·3· taken from about 12:30 or so. ·3· · · A.· · Correct. ·4· · · Q.· · And let's move down to B-14.· What is this? ·4· · · Q.· · Can you tell me what sort of establishments ·5· · · A.· · This is a view taken from the northeast ·5· are down there? ·6· corner of the courthouse lawn.· Behind us would be the ·6· · · A.· · Well, you can see past Bour? is the M&F -- ·7· City Hall building we saw earlier.· And you're looking ·7· Renasant Bank.· It used to be M&F Bank.· Then there's ·8· across the north entrance to the Circuit Court. ·8· another restaurant and then there's the Lamar -- what ·9· · · Q.· · Now, if you look towards the right, we see a ·9· do they call that -- Saint Leo, Saint Leo Lounge. 10· green two-story building with garland on it.· And what 10· That's on the north side of the road. 11· building is that? 11· · · · · · On the south side after you pass Rooster's 12· · · A.· · That's Bour?. 12· there's an alley, and then there's Funkys and a number 13· · · Q.· · And there's a street that runs between the 13· of other college-popular restaurant/bar areas as you 14· courthouse and the buildings that include Bour? and 14· go that direction until you get to St. Peters and the 15· include the Tollison Law Firm.· Does that street 15· Federal Building. 16· extend past the square? 16· · · Q.· · And what is Funkys exactly? 17· · · A.· · Yes, it does.· That's Jackson Avenue.· It's 17· · · A.· · Funkys is a pizza and daiquiri 18· a main east/west artery in the City of Oxford. 18· restaurant/bar. 19· · · Q.· · Are there any establishments located on 19· · · Q.· · Now, when you said popular with college 20· Jackson Avenue just off of the square? 20· students, what does that mean? 21· · · A.· · A number of them, particularly as you go 21· · · A.· · That means if you're in that part of town 22· west.· As you go east down behind the City Hall, it's 22· after 9 p.m., you're going to see a lot of college 23· more residential there. 23· kids during -- at least during school time. 24· · · Q.· · And so we're looking west -- or at least the 24· · · · · · Incidentally, Rafters is down that way, and 25· photographer is looking west -- in Exhibit B-14; 25· it's popular with the Sunday brunch crowd.· So it's TSG Reporting - Worldwide· · +1-601-621-1968 YVer1f Case: 3:20-cv-00224-NBB-RP Doc #: 66-5 Filed: 02/02/21 11 of 58 PageID #: 482 Page 34 Page 35 ·1· · · · · · · · · · · · Kevin Frye ·1· · · · · · · · · · · · Kevin Frye ·2· not just at night, I suppose. ·2· · · Q.· · Now, there are some signs on the railing. ·3· · · Q.· · Do you know whether any events ever take ·3· And, of course, it's not blown up to see that.· But do ·4· place on this lawn?· When we listened to Mr. Busby the ·4· you know what those signs are? ·5· other day, he talked about a VA -- some sort of VA ·5· · · A.· · I know what they say.· One of them is for -- ·6· event.· Are you familiar with a Veterans event? ·6· they say "Parking for the Sheriff's Department and/or ·7· · · A.· · I am.· Actually the place we're looking at ·7· the Circuit Court Judge only."· So Jeff Busby parks ·8· right here, this particular spot, is used every year ·8· about.· If one of our out-of-town Circuit Court judges ·9· for the law enforcement memorial ceremony.· There are ·9· is there, he will park there.· You'll also see from 10· chairs that are set up, folding chairs.· A podium is 10· time to time Sheriff's Department vehicles parked 11· usually placed right near where this bench is.· And 11· there, too. 12· it's a ceremony that happens around lunchtime every 12· · · Q.· · So is it fair to say
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