Birmingham City School officials said Wednesday they prohibit “The 5th Quarter” performances, but questions still surround what led to the after-game band play that ended in the tasing and arrest of Minor High School band director Johnny Mims.

Mims and his team of attorneys – State Rep. Juandalynn Givan and the Alabama Education Association’s Legal Department – held a press conference Wednesday, during which Mims said he was approached by the Jackson-Olin band director, and the two had agreed to play three stand tunes after the game.

“The band director from Jackson-Olin came over to my client, we have witness account of that, to state that they were in fact going to have a 5th quarter activity,” Givan said. “My client didn’t just initiate that on his own.”

In some HBCUs and predominantly Black high schools, once the football game ends, bands stay on to play for families and supporters in what is commonly called the “The 5th Quarter.”

Mims’ band was playing “Talkin’ Out the Side of Your Neck” Thursday night, about 18 minutes after the game ended, when Birmingham police officers approached school staff.

Police contend Mims didn’t comply with their order to make his band stop playing when they wanted to clear the stadium.

Mims ended up being hit with a Birmingham police stun gun at least three times, and was charged with disorderly conduct, harassment and resisting arrest. He is on administrative leave with pay pending ongoing investigations.

Birmingham City Schools officials said late Wednesday afternoon they are still investigating Mims’ statement that he was approached by the Jackson-Olin band direct about “The 5th Quarter.”

“Please note that as a safety precaution, 5th quarter performances and drumline battles following football games are not a BCS practice. Bands are instructed to promptly exit the stadium. This is even more important when games are played on school nights,” a Birmingham City Schools statement read.

Givan also asked why it was police and not school officials that asked Mims to stop the band performance. “Where were the administrators? Where were the supervisors?” Givan asked.

The Birmingham school system statement says administrators, including the Jackson-Olin principal, were present at the game. and a member of its security team tried to stop the performance.

“At this juncture, our investigation has revealed that Birmingham City Schools security team members and Birmingham Police at the stadium asked the Minor band director to have his band cease the 5th quarter performance and exit the stadium. We have been advised that a BCS security team member tapped the director on his leg to get his attention and eventually the director stepped down.

“We have further been advised that when Birmingham Police officers attempted to arrest the Minor band director, the BCS security team member attempted to calm the situation.”

Some of the AEA officials present at today’s press conference questioned why the lights were turned off, suggesting it created a safety hazard for the students police were trying to get out of the stadium.

School officials said they are still investigating while the field lights were turned off while there were students – band members – still in the stadium. “We still are gathering information on this detail,” the statement read.