TBA Law Blog


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Posted by: Barry Kolar on Mar 14, 2023

The owner of Tootsie’s Orchid Lounge and several other Nashville bars is pushing legislation to move control of establishments in the downtown tourism development zone out from under the control of the Nashville beer board and instead give oversight to the Tennessee Alcoholic Beverage Commission, Tennessee Lookout reports. Tootsie’s owner Steve Smith and the Metro Nashville government have butted heads in recent years, particularly over rules during the early months of the coronavirus pandemic.

Posted by: Stacey Shrader Joslin on Mar 13, 2023

Tennessee Lt. Gov. Randy McNally will take a pause from social media amid controversy over his interactions with a young gay man's Instagram photos and other LGBTQ content, the Tennessean reports. McNally has said that he only meant to encourage those he supported through comments and emojis. In a statement today, he said he should have been more careful about how those comments would be perceived. He also apologized for any embarrassment his posts caused for family, friends and colleagues. The most vocal opposition has come from two members of the state’s conservative media. Michael Patrick Leahy with the Tennessee Star and radio talk show host Matt Murphy have called on McNally to step down from his leadership role.

Posted by: Stacey Shrader Joslin on Mar 13, 2023

A new bill introduced by House Speaker Cameron Sexton, R-Crossville, would create a statutory framework for determining if youth are sent to juvenile or adult criminal court, Nashville Public Radio reports. Currently, when a juvenile is charged with a crime, they go to juvenile court with transfer to adult court used in the most serious cases. The bill would reverse that process, sending juveniles to adult court first but allowing criminal court judges in some circumstances to refer them to juvenile court. Depending on the child’s age, qualifying crimes could be murder, aggravated robbery or carjacking. Juvenile justice advocates are saying the change could have disastrous results. They also argue that the bill would take discretion away from juvenile judges, who have the expertise to weigh factors such as a young person’s mental health and history.

Posted by: Stacey Shrader Joslin on Mar 13, 2023

Just days after Gov. Bill Lee signed a bill that will cut Nashville's council in half, the city has filed a lawsuit against the state claiming the law violates the Tennessee Constitution and the rights of Davidson County voters. It also has filed a motion for injunction, asking the court to halt the law’s implementation to allow local elections in August to proceed as originally planned. In the suit, Metro argues the new law dismantles the government established by voters when Davidson County and Nashville consolidated in the early 1960s, violating the home rule amendment of the state Constitution. The suit also argues that the statute's proposal to extend current council members' terms should Metro not meet a May 1 redistricting deadline violates a state constitution provision mandating four-year terms for county legislators. The suit will be heard by a panel of three judges. The Tennessean has more on the issue.

Posted by: Julia Wilburn on Mar 10, 2023

A bill moving through the legislature would change how Knoxville voters elect city council members. Currently, when voters head to the polls during city primary elections, they are allowed to vote for candidates only in their district. During the city general elections, however, Knoxville voters are able to vote for candidates in all districts. The bill, HB 0817, was introduced by Rep. Elaine Davis, R-Knoxville. It would delete a section from the Tennessee code that created the voting rule exemptions for cities and counties of specific sizes (currently Knoxville and Morristown are the only two cities that utilize the exemption). Rep. Gloria Johnson, D-Knoxville, voted against the bill. She said she believes it would cause more confusion surrounding local elections, saying many people in her district, which includes Knoxville, have spent decades voting in city elections every two years and would need to change their voting habits. WBIR Channel 10 News in Knoxville has the story.

Posted by: Julia Wilburn on Mar 10, 2023

Attorney Dwight E. Tarwater yesterday was officially confirmed by the General Assembly as the newest justice on the Tennessee Supreme Court. Justice-designate Tarwater was nominated by Gov. Bill Lee in January after a lengthy application process that included a public hearing. He will take the bench on Sept. 1, following the retirement of current Justice Sharon G. Lee. Justice-designate Tarwater served as general counsel to former Gov. Bill Haslam from 2014 to 2019, a position he accepted after decades of work as a trial and appellate attorney in Knoxville. Justice-designate Tarwater has served on the board of directors of Legal Aid of East Tennessee, the Volunteer Legal Assistance Program and the Pro Bono Project.

Posted by: Julia Wilburn on Mar 10, 2023

TBA’s Legislative Updates podcast is new with TBA Director of Public Policy & Government Affairs Berkley Schwarz and Adams and Reese attorney and TBA lobbyist, Brad Lampley. This week they discuss HB1162/SB775, the Tennessee Revised Uniform Arbitration Act; TBA's two adoption law bills, HB854/SB919 and HB855/SB921HB647/SB1313, TBA's medical records bill; HB40/SB122, legislation prohibiting foreign ownership of real property by nonresident aliens; HB795/SB283 the "Guns in the Courthouse" bill; and HB1177/SB710, the Tennessee Domestic Relations Arbitration Act. The program airs each week during the session on TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts. 

Posted by: Stacey Shrader Joslin on Mar 9, 2023

The Senate voted 23-7 today to give final approval to a measure capping local metropolitan governing bodies at 20 members and Gov. Bill Lee promptly signed it. The bill, HB48/SB87, had cleared the House yesterday. Its effect will be to cut the Nashville Metro Council from 40 members to 20. The law calls for new districts to be drawn in time for elections in August. If that is not possible then current council members’ terms would be extended by a year. Legal challenges to the new law are widely expected, the Tennessee Journal reports.

Posted by: Stacey Shrader Joslin on Mar 8, 2023

The Republican plan to cap local metropolitan governing bodies at 20 members cleared the full House on Monday and a key Senate committee yesterday, Axios Nashville reports. The bill, HB48/SB87, would have the effect of cutting the Nashville Metro Council in half. Nashville Mayor John Cooper wrote to Lt. Gov. Randy McNally, R- Oak Ridge, House Speaker Cameron Sexton, R- Crossville, and Gov. Bill Lee this week outlining his opposition to the plan. At a minimum, he is asking the leaders to give Davidson County voters the power to sign off on the proposal or defer the measure for one year. Under the current bill, new districts would need to be in place for the May 18 qualifying deadline and the election on Aug. 3. Cooper says there is not enough time to implement new districts by then.

Posted by: Julia Wilburn on Mar 7, 2023

The Tennessean reports that a Republican-backed proposal to rename of a portion of Nashville's Rep. John Lewis Way after former President Donald Trump is off the table. State Rep. Paul Sherrell, R-Sparta, who sponsored the bill along with state Sen. Frank Niceley, R-Strawberry Plains, withdrew the legislation on Monday night. The bill, HB1372/SB1407, drew outrage from Nashville leaders and residents. The Metro Council in 2020 renamed a section of Fifth Avenue after the civil rights activist and longtime Democratic member of Congress from Georgia. Lewis helped lead lunch counter sit-ins along the street during the early years of the civil rights movement.


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