Strong with Stone
Follow the water

Jabo Waggoner co-sponsored the Birmingham Water Works takeover.
Then a federal court named him a defendant, and he told the press he has no comment.

Every claim on this page is cited to a public source — a bill text, a roll call, a court filing, or an on-the-record news report. If you can't verify it, we shouldn't have printed it. — Spencer

What happened, in four lines

▶
Video: The Water Works — coming this week
Three cuts from one shoot: long-form · 30-second social · share-ready cold open
The chronology, event by event

Everything in this section is from primary state records (Alison, LegiScan), the plaintiffs' own filings, or on-the-record reporting from WBRC, WBHM, the Alabama Reflector, the Alabama Political Reporter, the Alabama Daily News, and 1819 News. Here it is in order.

Waggoner's own words — why he says he did it

Waggoner is not hiding from why he wrote the bill. He explained it in a committee hearing. He explained it to a Birmingham newspaper. He co-signed a defense of it in four Alabama newsrooms the week before the Senate vote. His rationale is on the record, in his own name, in his own words. Read them together. Then read the sentence he gave a Birmingham TV station the morning the federal complaint was filed.

1. His stated reason for being back for a second bite, ten years after the first

"I still get lots of complaints like I did 10 years ago... 10 years ago, [it] caused me to prepare and pass legislation that, at the time, was very successful. But, here we are again, and here I am again asking you to give this bill a favorable report."
— Sen. Jabo Waggoner, 1819 News interview[15]

Two things live inside that quote. The first is Waggoner's stated motive: the same complaints from the same constituents that pushed him to pass the 2015 reform pushed him to pass the 2025 one. The second is Waggoner's own concession — the 2015 statute he sponsored, in his words, "was very successful" at the time, "but here we are again." His argument for the 2025 takeover is that his 2015 takeover did not hold. Sixty years in Montgomery, two rewrites of the same board, and by his own account we are back where we started.

2. His framing that the push was consensus, not a partisan grab

"This is the first time in my memory where such a controversial issue has received support from Democrats, Republicans, and it's across the board."
— Sen. Jabo Waggoner to AL.com, on the January 2024 bipartisan audit letter that preceded SB330[21]

This is the "bipartisan cover" theory of the case: 21 Democratic and Republican legislators signed the January 2024 audit letter, so — Waggoner argued — the reform push had support across the aisle. Worth holding against the roll call fifteen months later. When SB330 actually passed the House on 2025-05-01, it broke 66–27 straight down party lines.[9] The bipartisan letter was 2024. The party-line vote was 2025. Whatever consensus existed at the audit stage did not survive to the takeover stage.

3. His published defense of the bill — in his own byline

Two days before the Senate vote, Waggoner co-signed a defense of SB330 with Sen. Dan Roberts, Sen. Shay Shelnutt, and Rep. Jim Carns. It ran on 2025-04-22 across the Alabama Political Reporter, 1819 News, the Alabama Daily News, and Yellowhammer News.[3][4] Waggoner's name is on the byline. These are his stated reasons, in print, in his voice:

"The time has come for decisive reform of the Birmingham Water Works Board (BWWB)."

"While the City of Birmingham is home to only 25 percent of the Water Board's customer base, it disproportionally controls the Board through its power to appoint two-thirds of the directors... This is taxation without representation, the same complaint that led to the Boston tea party."

"BWWB bills and collects for only about half (50%) of the water it treats."

"BWWB is on a 300-year replacement cycle for its pipe infrastructure" — against an industry standard of roughly 100 years.

"The rates charged by the BWWB are among the highest in the Southeast" — an "unacceptable barrier to economic growth."

"Reform isn't just overdue, it is essential to avoid the type of crisis which recently occurred in Jackson, MS."

"We urge our colleagues in the Legislature to support SB330, not because it is easy, but because it is right."
— Waggoner, Roberts, Shelnutt, and Carns, op-ed, 2025-04-22[3]

This is not opposition research. This is the senator's own byline. He argued the case for the bill publicly, in four Alabama newsrooms, under his own name, and he closed with "not because it is easy, but because it is right." He knew the record he was building.

4. And then the complaint hit federal court

"Senators Waggoner and Roberts both said they will have no comment on the lawsuit."
— WBRC, reporting on the filing of Muhammad v. Waggoner, 2026-02-20[6]

Ten months after the op-ed, plaintiffs William Muhammad and Brenda Lewis filed a $1.6 billion federal complaint in the Northern District of Alabama, with Waggoner named first among the defendants. WBRC — the same Birmingham newsroom whose viewers include a fair share of the customers the op-ed claimed to be helping — called him for comment. Two words back.

Five months on, the case is very much alive. On 2026-06-08 the Central Alabama Water board — one of the defendants alongside Waggoner — formally retained a second law firm, Montgomery's Capell & Howard, P.C., specifically to defend the Muhammad case, following an executive session on pending litigation.[22] Defendants staffing up is not the posture of a case on its way out. The check is still due, and the senator whose name leads the caption is still silent.

Here is the tension, and it is his own. He wrote the bill. He passed the bill. He defended the bill in print — in his own byline, in four Alabama newsrooms, closing with "not because it is easy, but because it is right." He will not defend the bill under oath. Voters in SD-16 are entitled to hear him do the fourth.

The lawsuits — at least two verified, live in federal and state court

Muhammad v. Waggoner (federal — N.D. Alabama)

Plaintiffs: William Muhammad and Brenda Lewis, both former Birmingham Water Works Board members originally appointed by the Birmingham City Council.

Defendants: Gov. Kay Ivey, Lt. Gov. Will Ainsworth, former Gov. Robert Bentley, Sen. Jabo Waggoner, Sen. Dan Roberts, additional state lawmakers, and county commissioners from Jefferson, Shelby, and Blount counties.

Court: U.S. District Court, Northern District of Alabama, Judge Anna M. Manasco.

Causes of action: U.S. Constitution Contract Clause (Article I, §10); Fifth Amendment Takings Clause; Fourteenth Amendment Due Process; Fourteenth Amendment Equal Protection.

Relief sought: $1.6+ billion in compensation, plus injunction restoring the prior board composition.

Docket posture: Emergency injunction / TRO denied 2026-04-03; merits questions deferred; follow-on hearing set 2026-05-28.[6][11]

City of Birmingham v. State of Alabama (state court, amended)

Plaintiff: the City of Birmingham (Mayor Randall Woodfin and the City Council).

Amended defendants: the State of Alabama, Lt. Gov. Ainsworth, Attorney General Steve Marshall, Jefferson County Commission President Jimmie Stephens, Shelby / Blount / St. Clair / Jefferson county commissions, and the newly appointed CAW board members.

Core theory: no factual basis for the legislature's mismanagement finding; equal-protection concerns; interference with municipal governance. Reporting: ABC 33/40 and 1819 News on the amendment.[16][17]

BirminghamWatch reported on 2026-02-21 that four related suits were filed that Friday. We have verified two here and will add the additional plaintiffs after Spencer confirms them against the source article.

What Birmingham's own officials have said

Spencer is a candidate for a majority-white Senate district. He is not the right messenger to originate the racial-representation framing around a takeover of a majority-Black city's utility. But it would be dishonest to leave what Birmingham's own elected officials have already said on the record off this page.

Mayor Randall Woodfin characterized Act 2025-297 as "a taking of power from the local rate payer by Republican politicians in Montgomery" and "an affront to the Birmingham customer" in coverage of the signing.[10]

Rep. Neil Rafferty (D-Birmingham) called the bill "an attack on local governance and an imposition by the Republican supermajority" during House floor debate.[9]

Former BWWB Chairwoman Tereshia Huffman testified in a House committee hearing that the bill "made the board more political by allowing elected officials to appoint themselves or other politicians to the board."[18]

Whether Act 2025-297 survives constitutional review is a question for Judge Manasco and the parties to litigate. Spencer's question is simpler and it's the one every Alabama voter can answer: why did the senator whose name is on the bill refuse to defend it when the federal complaint was filed?

Where Spencer stands

The constitutional questions here — Contract Clause, Takings, Equal Protection — are for the federal court to decide, and Judge Manasco has already declined to grant emergency relief. That's the process working. Spencer's issue is upstream of the courtroom.

Spencer's issue is that Jabo Waggoner co-sponsored a statute that reorganized a public utility serving a majority-Black city, is personally named as a defendant in a $1.6 billion federal lawsuit over that statute, and told a Birmingham television station he has no comment. Voters in SD-16 should not have to read court filings to find out what their state senator thinks about a case with his own name in the caption.

I object to a system where the senator who muscled a bill through the chamber won't answer for it when the check comes due. If the reform was right, defend it. If it wasn't, own that. "No comment" isn't representation. It's an escape hatch.

The record — hosted here in case a link rotates

Court dockets, legislative sites, and local newsrooms occasionally reorganize their URLs. Below are the primary sources with links. As snapshots become available, we'll host PDF and JSON copies here alongside them — the same defensive pattern we use on the Meta Money page.

Where local snapshots are marked pending, the live URL above is authoritative. Snapshots are being generated so this page remains functional if a state or news URL rotates.

Sources — verify every claim

Every citation is a direct link to the primary source (a state bill text, a court filing, an on-the-record news report). If a link 404s, contact the campaign and we'll fix it.

  1. Alabama Legislature (alison) — SB330 as introduced, 2025 Regular Session. Primary sponsor: Sen. Dan Roberts; co-sponsors: Sen. Jabo Waggoner, Sen. Shay Shelnutt. alison.legislature.state.al.us — SB330-int.pdf
  2. LegiScan — Alabama SB330 (2025 Regular Session), full bill history and roll calls. legiscan.com/AL/bill/SB330/2025 · BillTrack50 sponsor detail: billtrack50.com/billdetail/1886887
  3. Alabama Political Reporter, 2025-04-22 — "Opinion: Alabama lawmakers: Why we must reform the Birmingham Water Works Board" (co-signed op-ed by Waggoner, Roberts, Shelnutt, and Carns). alreporter.com
  4. 1819 News — same op-ed. 1819news.com · Alabama Daily News — same op-ed. aldailynews.com
  5. AP wire coverage of the signing (via Yahoo), 2025-05-07 — "Gov. Kay Ivey signs bill" restructuring the Birmingham Water Works Board. yahoo.com
  6. WBRC, 2026-02-20 — "Former Birmingham Water Works Board members sue Gov. Ivey, lawmakers over utility takeover." Source of the plaintiff list, defendant list including Waggoner, the $1.6 billion damages figure, and the "Senators Waggoner and Roberts both said they will have no comment on the lawsuit" quote. Also the source for the 2015 predecessor bill history. wbrc.com
  7. Alabama Reflector, 2025-04-25 — "Alabama Senate passes bill overhauling Birmingham Water Works board." alabamareflector.com
  8. Alabama Reflector, 2025-05-01 — "Alabama House passes bill overhauling Birmingham Water Works board." alabamareflector.com
  9. Alabama Political Reporter, 2025-05-02 — "Alabama House passes bill to reshape the Birmingham Water Works Board." Source of the 66-27 tally and the Rep. Rafferty quote. alreporter.com
  10. BirminghamWatch, 2025-05-07 — "Governor signs bill to restructure the BWWB." Source of Mayor Woodfin's "taking of power from the local rate payer by Republican politicians in Montgomery" and "affront to the Birmingham customer" characterizations. birminghamwatch.org
  11. WBHM, 2026-04-03 — "Judge denies emergency request to restrain water utility." Source of the TRO denial and the 2026-05-28 follow-on hearing date. wbhm.org
  12. WBRC, 2026-04-04 — "Business as usual at Central Alabama Water after judge denies request to freeze changes by new board." wbrc.com
  13. WBRC, 2026-03-12 — "New Central Alabama Water filing shows water-loss crisis, surging bills, significant financial challenges." wbrc.com
  14. WBRC, 2025-12-10 — "Central Alabama Water board approves 2026 budget with no rate increase." wbrc.com
  15. 1819 News interview with Sen. Jabo Waggoner — "State Sen. Jabo Waggoner on Birmingham Water Works scandal: 'If we don't see some improvement, legislative action definitely a possibility.'" Source of Waggoner's own "at the time, was very successful. But, here we are again" quote. 1819news.com
  16. ABC 33/40 — "Birmingham sues Alabama over new water board law, claims it harms ratepayers." abc3340.com
  17. 1819 News — "Woodfin, City of Birmingham amend water works lawsuit to include Ainsworth, Marshall, and new regional board." Source of the amended defendant list. 1819news.com
  18. 1819 News — "House committee advances Birmingham Water Works Board overhaul after public hearing." Source of former Chairwoman Tereshia Huffman's testimony. 1819news.com
  19. Alabama Reporter, 2025-09-23 — "Sen. Jabo Waggoner to seek a new term in the Alabama Senate." Establishes that Waggoner owns this legislative record going into the November 2026 general election. alreporter.com
  20. WBHM, 2025 — "Ivey overhauls Birmingham Water Works board amid cries of racial discrimination." Background on demographic composition of Birmingham and the customer base of the utility. wbhm.org
  21. AL.com, 2024-01-16 (archived at Speakin' Out Weekly News) — "Lawmakers seek audit of Birmingham Water Works, citing allegations of fraud, waste and more." Source of Waggoner's "first time in my memory... support from Democrats, Republicans, and it's across the board" quote about the 21-legislator audit letter that preceded SB330. speakinoutweeklynews.net
  22. Central Alabama Water — Board of Directors meeting minutes, 2026-06-08 (PDF), Resolution 10104. Board voted after executive session on "pending or threatened litigation" to retain Capell & Howard, P.C. of Montgomery as additional outside counsel specifically for "the case of Muhammed, et al v. Waggoner, et al." caw-al.gov — June 8 2026 minutes PDF