Can Adams County let homeless individuals shower at its FEMA-funded emergency shelter when there is no declared disaster?

Plain-English summary

Adams County asked whether people experiencing homelessness could use showers at its FEMA-funded emergency shelter when no disaster had been declared. The county also asked whether it could declare an emergency for that purpose if the first answer was no.

The AG answered the first question yes under Mississippi law, subject to two conditions. Private use of a county building must follow "a uniform policy enacted by the . . . governing authorities." The county also "must collect from the user any expenses" caused by the use, such as cleaning fees or utility charges. The AG says uncompensated use would be a donation prohibited by Section 19-3-40(3). Because the answer was yes, the AG treated the emergency-declaration question as moot.

The opinion addresses Mississippi law only. It expressly declines to interpret contracts, federal law, guidelines, or regulations, so it does not determine whether the FEMA grant permits the proposed use.

What this means for you

Adams County supervisors and shelter staff

The county has discretion under state law to allow the proposed private use if it follows a uniform policy enacted by its governing authorities. The opinion requires the county to collect from the user any expense it incurs because of that use. It identifies cleaning and utility charges as examples.

People seeking access to the shelter showers

The AG says the county may allow access under those conditions; the opinion does not require the county to open the shelter. It leaves any federal grant or contract restrictions unanswered.

County attorneys and emergency management staff

The opinion applies the uniform-policy and user-cost rule quoted from Bruni and Barton. It does not interpret the FEMA grant, and it makes no ruling on a declaration of emergency for homelessness because the conditional answer to the first question made that issue moot.

Common questions

Q: Can homeless individuals use the county shelter's showers when there is no declared disaster?
A: Under Mississippi law, yes, if the county adopts a uniform policy for private use and collects from the user any expenses the county must expend because of that use. The AG does not decide whether the FEMA grant permits access.

Q: Can the county waive cleaning or utility costs for users?
A: The AG says the county "must collect from the user any expenses" it incurs as a result of the use. Otherwise, the uncompensated use would be a donation. It does not provide an exception for a policy that waives those costs or for payment by another source.

Q: Does the opinion require the county to charge market rent?
A: The opinion does not decide a rent amount. It says the county must collect from the user any expenses it is required to expend because of the use, naming cleaning fees and utility charges as examples.

Q: Can the county declare a homelessness emergency to permit shower access?
A: The AG did not answer that question. It called the question moot after concluding the county could conditionally allow access under state law without such a declaration.

Background and statutory framework

Section 19-3-40(3) prohibits a county board of supervisors from using public resources for a private purpose or granting a donation. Quoting earlier AG opinions, the AG says a county can allow private use of a public building under a uniform policy enacted by the governing authorities, but must collect from the user expenses caused by that use. The opinion applies that rule to the shelter showers and confines its answer to Mississippi law.

Citations and references

Statutes:

• Miss. Code Ann. § 7-5-25 (AG opinion authority)
• Miss. Code Ann. § 19-3-40 (county donation prohibition)

Prior AG opinions referenced:

• MS AG Op., Bruni (Dec. 8, 2025) (uniform-policy framework for private use of city hall)
• MS AG Op., Barton (Oct. 5, 2020) (cost reimbursement requirement)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/12/S.-Slover-December-30-2025-Use-of-County-Owned-Emergency-Shelter.pdf

Original opinion text

December 30, 2025

Scott F. Slover, Esq.
Attorney, Adams County Board of Supervisors
Post Office Box 846
Natchez, Mississippi 39121

Re: Use of County-Owned Emergency Shelter

Dear Mr. Slover:

The Office of the Attorney General has received your request for an official opinion.

Background

According to your request, Adams County owns an emergency shelter through a Federal Emergency Management Agency ("FEMA") grant. The shelter includes a shower for temporary use during declared emergencies. Based on this information, you ask the following questions.

Questions Presented

1. When there is not a declared disaster, may the county allow homeless individuals to take showers at its shelter?

2. If the answer to question one is no, may the county declare a state of emergency for the homeless to authorize them to be able to use its shelter for showers?

Brief Response

1. Yes, the county has the discretion to allow private use of a public building so long as such use "accord[s] with a uniform policy enacted by the . . . governing authorities." MS AG Op., Bruni at 1 (Dec. 8, 2025) (quoting MS AG Op., Barton at 1 (Oct. 5, 2020)). This said, the county "must collect from the user any expenses that [it] is required to expend as a result of the . . . facility being used." Id.

2. Given the answer to question one, this question is moot.

Applicable Law and Discussion

To begin, in accordance with Mississippi Code Annotated Section 7-5-25, this opinion solely addresses considerations under Mississippi law. This office is not authorized to interpret contracts or agreements or opine upon federal law, guidelines, or regulations. See Miss. Code Ann. § 7-5-25. We likewise may not opine upon any past actions. Id.

You ask if the county may allow homeless individuals to take showers at the county's shelter when there is not a declared disaster. Section 19-3-40(3) prohibits county boards of supervisors from "us[ing] any public funds, equipment, supplies or materials for any private purpose" and from "grant[ing] any donation." However, as we recently stated in Bruni, the county has the discretion to allow private use of a public building so long as such use "accord[s] with a uniform policy enacted by the . . . governing authorities." MS AG Op., Bruni at 1 (quoting MS AG Op., Barton at 1). This said, the county "must collect from the user any expenses that [it] is required to expend as a result of the . . . facility being used — i.e., cleaning fees or charges for utilities; otherwise, such uncompensated use would constitute a donation." Id.

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,

LYNN FITCH, ATTORNEY GENERAL

By: /s/ Maggie Kate Bobo
Maggie Kate Bobo
Special Assistant Attorney General