AG goes to bat for House ban on signs, doesn’t mention Senate keeping old rules in place
State Attorney General Jonathan Skrmetti is calling on Nashville Chancellor Anne Martin to dissolve the temporary restraining order blocking the House from enforcing a ban on people carrying small signs in the chamber’s galleries or in committee rooms. [UPDATE: Chancellor Martin on Monday retained the injunction on the sign ban.]
Skrmetti said the court has no jurisdiction to intervene in rules governing activities inside the Capitol complex and that a sign ban has been in place for years without challenge.
The historical record tells a different story.
A federal court intervened in 1965 when the state Senate decided to block reporters and photographers for The Tennessean from entering the chamber in retribution for refusing to leave a committee room when members wanted to take a vote behind closed doors. U.S. District Judge William E. Miller, who had been appointed to the bench Dwight Eisenhower and later elevated to the 6th Circuit U.S. Court of Appeals by Richard Nixon, found a resolution barring the newspaper “creates a deterrent to the free an unfettered expression of ideas, views, and opinions which the First Amendment, as construed by the Supreme Court, was designed to inhibit.”
The reporters were let back into the chamber and the Senate dropped efforts to block the paper in the future.
“The General Assembly has long recognized that permitting signs in the galleries can disrupt legislative business,” the AG argued in a motion filed Thursday. The filing added that “a similar restriction on hand-held signs at the seat of the legislature has been in place for years,” citing a December 2017 news story about a ban on hand-carried signs being put into effect by the General Assembly when it moved into the Cordell Hull Building in 2017.
But the filing doesn’t include subsequent steps to do away with the blanket ban less than a month later, after then-Rep. Sherry Jones (D-Nashville) announced plans to ask for an attorney general’s opinion on its constitutionality. No opinion appears to have been forthcoming after the updated policy said: “small letter sized signs that do not obstruct the view of visitors are acceptable.”
The rule on letter-sized signs had been in place ever since – and remains the rule in the Senate even after the House made its change last week. Skrmetti’s filing doesn’t address the split views between the chambers about whether signs are acceptable. In fact, the document mostly refers to the interests of the General Assembly as a whole rather than just a one of the two bodies it is comprised of.
In Martin’s order agreeing to hear arguments, the judge said she found her earlier decision to issue the temporary restraining order was “was proper and consistent” with Tennessee law and that her quick decision to block the rules had come because of a “the lack of complexity to the relevant facts and the discrete nature of the legal issues for consideration.”
Capitol press corps pushes for public gallery access
The Tennessee Capitol Hill Press Corps is pushing back against a claim the public can’t use one of the state House galleries because the media needs to operate there. The viewing areas have long been shared with the public by television crews — in fact, a permanent platform has been built in one corner to accommodate tripods.
“We do not endorse using the media as an excuse to prevent the public from watching their representatives at work,” the press corps said in a letter to House Speaker Cameron Sexton (R-Crossville).
Here’s the full letter:
The Tennessee Capitol Hill Press Corps firmly believes that reporters are vital in providing information about the General Assembly to the public. But this does not have to come at the sacrifice of keeping interested constituents from seeing their government in action.
That is why we are reaching out in alarm over House leadership using the media as among the reasons why the public should be barred from accessing the west side gallery during special session.
We want to be extremely clear: We believe that the press should have unobstructed and fair access to observe and report on legislative proceedings. However, we do not endorse using the media as an excuse to prevent the public from watching their representatives at work.
We have repeatedly seen reporters, photographers and other newspersons join packed galleries during extremely busy times at the Tennessee Capitol with great success. Most recently, during the April expulsion hearings, news organizations from across the country worked with House officials to ensure they had room to do their job while the galleries remained at capacity. That effort should be praised and repeated, not abandoned.
It is no secret that the Capitol Hill Press Corps will fight to secure a seat for every journalist inside the Tennessee Capitol – but we have not asked for more room than we need. Furthermore, we are more than willing to work from a reserved section in the gallery to allow for more members of the public to join the west side gallery.
We encourage leadership to consider all options that amplify press access and public attendance and reject any notion that we endorse the current response that is currently in place.
Thank you for your time,
Members of the Tennessee Capitol Hill Press Corps
Photo gallery of the first day of the special session
Here is a look at some of the action from the first day of the special session on public safety in Nashville on Monday.
Images from Thursday’s House floor session
Protesters crammed in to the Capitol on Thursday as House Republicans were preparing to launch ouster proceedings against Democratic Reps. Justin Pearson of Memphis, Justin Jones of Nashville, and Gloria Johnson of Knoxville.
Here are some photos from the floor session.
Rep. Eddie Mannis is latest to retire from House
Freshman Rep. Eddie Mannis is the latest Tennessee lawmaker to announce he won’t run again. The Knoxville businessman is the 10th Republican to decide against seeking re-election to the House this fall (see the full list here.)
Here’s the full announcement from Mannis:
“Yesterday, I informed my fellow Representatives of my intention to not seek reelection as Representative of District 18 in the State of Tennessee General Assembly.
As my guiding principle has always, and will always be, people before politics and partisanship, I wanted to publicly share the reasons behind my decision.
The recent passing of my dad has truly forced me to do a lot of soul searching. I have heard his final words, “Follow your heart,” over and over in my head. After weeks and weeks of prayer and conversations with my family and friends, I decided not to seek reelection when the 112th adjourns. It has been a very difficult decision, but I must truly follow my heart.
Serving in the Tennessee General Assembly has been one of the most challenging, yet fulfilling things I’ve ever done. Making decisions that impact people’s lives and livelihoods is a huge responsibility. I will always be grateful to the people of the State of Tennessee, Knox County, and District 18 for allowing me this opportunity.
It has also been an indescribable honor and privilege to serve with my fellow Representatives. While we haven’t always agreed on issues and I will no longer be serving alongside them, I will continue to support them in their efforts of working towards what is right and just, and what hopefully will make us all better Tennesseans.
I look forward to returning to my business ventures, working alongside my team who have made many sacrifices over the past several years. They have afforded me the opportunity to take on two very
hard-fought campaigns and serve the people of Tennessee for the past two years. I am also excited to restart HonorAir-Knoxville and get back to serving East Tennessee Veterans after a two-and-a-half-year break during the pandemic. Continuing to serve my community will remain one of the most important aspects of my life.
Although this is a bittersweet time for me, I leave hoping that it’s obvious that I’ve tried to make the best decisions possible based on my conscience and my desire to try and do what’s right. I am grateful. Thank you
House backs off delay on residency requirement for congressional candidates, sends bill to governor
A bill seeking to require congressional candidates to have lived in Tennessee for at least three years before they can seek office is on its way to Gov. Bill Lee’s desk after the House dropped its effort to have the measure apply to the election cycle after this one.
If signed into law, the measure could imperil the 5th District candidacies of former U.S. State Department spokeswoman Morgan Ortagus and music video producer Robby Starbuck. Ortagus, who moved to Nashville last year, has been endorsed by former President Donald Trump. Starbuck, a California transplant, has the backing of U.S. Sen. Rand Paul (R-Ky.) and U.S. Rep. Marjorie Taylor Greene (R-Ga.).
A legal challenge is also widely anticipated because the U.S. Constitution only requires candidates to be at least 25 years old and live in the state they are hoping to represent.
Other GOP candidates for the open 5th District seat include former state House Speaker Beth Harwell, businessman Baxter Lee, Maury County Mayor Andy Ogles, and retired National Guard general Kurt Winstead.
Rep. Jerry Sexton says he won’t run again
State Rep. Jerry Sexton, a Bean Station Republican best known for his efforts to declare the Bible the official book of Tennessee, isn’t running for another term in the House.
Sexton made the announcement at the Grainger County Lincoln Day Dinner, according to an attendee.
Sexton was drawn together with Rep. Rick Eldridge of Morristown as part of this year’s redistricting process, meaning the two incumbents would have had to run against each other in the Republican primary to try to hold on to the seat. But Eldridge was expected to have the advantage because his home county of Hamblen has a larger share of the population on the new district than Sexton’s Grainger County.
3-judge panel: No need to rush on redistricting lawsuit
A three-judge panel has declined a request by the plaintiffs in a Democratic Party lawsuit to expedite proceedings. The judges said they weren’t convinced they had the authority to hurry up the case and that “expediting these proceedings as requested would not allow the important constitutional questions to be fully and meaningfully considered and adjudicated on the merits.”
The lawsuit claims the state House maps could have been drawn with fewer than 30 split counties and that the Senate plan violated a constitutional requirement for districts to be consecutively numbered in Nashville.
Here’s the order:
This reapportionment case was filed on February 23, 2022. Plaintiffs Akilah Moore, Telise Turner, and Gary Wright are suing Defendants Governor Bill Lee, Secretary of State Tre Hargett, and Tennessee Coordinator of Elections Mark Goins in their official capacities, claiming that the State House and Senate maps are unconstitutionally drawn. Plaintiffs’ unverified Complaint seeks declaratory and injunctive relief. On March 1, 2022, the Tennessee Supreme Court entered an Order designating the undersigned as the Three Judge Panel (“Panel”) to hear this case.
On March 2, 2022, Plaintiffs filed Plaintiffs’ Motion to Set Hearing and Expedited Briefing Schedule on Plaintiffs Motion for Summary Judgment, or in the Alternative, for Expedited Trial (“Motion to Expedite”). On March 3, 2022, Defendants filed Defendants’ Response in Opposition to Plaintiffs’ Motion to Set Hearing and Expedited Briefing Schedule on Plaintiffs’ Motion for Summary Judgment, or in the Alternative, for Expedited Trial (“Response in Opposition”). On March 4, 2022, Plaintiffs filed Plaintiffs’ Reply in Support of Plaintiffs’ Motion to Set Hearing and Expedited Briefing Schedule on Plaintiffs’ Motion for Summary Judgment, or in the Alternative, for Expedited Trial (“Plaintiffs’ Reply”). After conferring, the Panel entered an Order on March 3, 2022, setting Plaintiffs’ Motion to Expedite for a telephonic hearing on March 7, 2022 at 2:30 p.m.
After considering the Motion to Expedite, the record, and the arguments of counsel for the parties, the Panel respectfully DENIES Plaintiffs’ Motion to Expedite on the following grounds:
1. The Panel was not convinced that it had authority to expedite the proceedings in the fashion requested in the motion.
2. Given all the attendant circumstances, including Defendants’ preliminary estimate that they needed to develop expert proof to defend Plaintiffs’ constitutional challenges and the possibility that discovery might be necessary, the Panel concludes that expediting these proceedings as requested would not allow the important constitutional questions to be fully and meaningfully considered and adjudicated on the merits.
IT IS SO ORDERED.
/Signed/
RUSSELL T. PERKINS, Chief Judge
J. MICHAEL SHARP Judge
STEVEN W. MARONEY, Chancellor
Democrat Stewart to retire from state House
State Rep. Mike Stewart, a former House Democratic caucus chair from Nashville, announced he is retiring from the General Assembly. Under initial Republican redistricting plans, Stewart was going to be drawn together with fellow Democrat John Ray Clemmons. But the majority party relented in a last-minute change, leaving the two incumbents in their own districts.
Here’s Stewart’s statement:
NASHVILLE — Today Mike Stewart announced in a Facebook Live appearance on the Tennessee Holler that he is not running for the state house seat he has held since 2008. “I consider the opportunity to serve in the Tennessee General Assembly as one of the great honors of my life and I am grateful to all the people who have helped me along the way,” Stewart said.
Stewart intends to shift his political energy to protecting America’s democratic system, which is under serious internal attack for the first time since the 1850’s. “We are facing a threat that I never expected to deal with during my lifetime; a former President and his followers attempting to invalidate a Presidential election and with it the system we use in this country to allow the people to choose their leaders. I was one of those who mistakenly thought that President Trump was just being a sore loser when he made claims of election fraud; now it has been revealed that those claims were part of an orchestrated effort to cancel the 2020 election, thwart the will of the people and retain political control illegally. It is the sort of thing that I expected to see only in other countries and in science fiction movies,” Stewart observed.
“As a lawyer and a person who has been deeply involved in elections for many years, I hope to do what I can to protect the democratic process in the upcoming 2022 and 2024 elections,” Stewart observed. Specifically, I will be working with leaders around the nation to ensure that polling places are adequately monitored to prevent false claims of fraud, working to ensure that state legislatures are not controlled by anti-democratic leaders, and working to develop legal strategies to check those who continue to make false statements undermining our system of elections.”
“Many citizens I’m talking to are feeling overwhelmed and defeated. They grew up in the world’s most stable and admired democracy, and now see a former President, as well as Senators and Congressmen, debasing themselves on national television repeating claims they know are entirely untrue. I plan to do everything I can to ensure that such people are not allowed to tamper further with our sacred system of elections so that the people have a fair opportunity to repudiate such irresponsible and, ultimately, immoral leadership. Many are talking about the threat; it is time to develop concrete plans to respond to it on a state-by-state level.”
Stewart added, “I’d like to close this chapter by saying it has been a privilege to serve the people in House District 52 and I intend to continue fighting for you, as well as the rest of the country, in my new role.”
How they voted: House COVID bill limps across finish line
After much chest-beating and saber-rattling, the House backed off on several provisions of its bill aimed at blocking COVID-19 vaccine and mask requirements. When the final vote was taken at 1:15 a.m. Saturday, the measure received the support of just 57 Republicans — a significant drop from the unanimous 73 who signed on to the petition to hold the the special session.
The House started out with an effort to create a near-universal ban on businesses imposing mask or vaccine mandates on either customers or employees — a rule that would have even extended to people hired to provide home care in private residences. The final version of the bill retained the ability of sports and entertainment venues to require proof of vaccination or a negative test, restored the power of private citizens to set requirements for their homes, and allowed all private businesses to require masks.
Also exempt from the vaccine mandate ban are health care facilities and companies or institutions that can show their federal funding would be imperiled by noncompliance.
The bill does impose a ban on mask mandates at all public (but not private) schools. But the issue has been the subject of litigation ever since Gov. Bill Lee issued an executive order allowing parents to opt their children out of mask mandates. (A separate bill to fine local officials up to $10,000 for ignoring executive orders (as was done in Shelby County and Nashville) failed in the Senate.)
Business groups will be parsing through the final language of the omnibus measure to see whether their concerns about increased litigation and conflicting state and federal rules have been addressed.
Read the Tennessean and Associated Press accounts for the full rundown.
In the end, 57 Republicans and one Democrat, John Mark Windle of Livingston, voted in favor of the bill. Thirteen Democrats and nine Republicans voted against. Nineteen members were either absent or abstained.
Here’s the breakdown:
| Representative | Party | Vote |
| Alexander, Rebecca | R | Absent or abstained |
| Baum, Charlie | R | No |
| Beck, Bill | D | No |
| Boyd, Clark | R | Yes |
| Bricken, Rush | R | Absent or abstained |
| Byrd, David | R | Yes |
| Calfee, Kent | R | Yes |
| Campbell, Scotty | R | Yes |
| Camper, Karen D. | D | No |
| Carr, Dale | R | Yes |
| Carringer, Michele | R | Yes |
| Casada, Glen | R | Yes |
| Cepicky, Scott | R | Absent or abstained |
| Chism, Jesse | D | Absent or abstained |
| Clemmons, John Ray | D | No |
| Cochran, Mark | R | Yes |
| Cooper, Barbara | D | Absent or abstained |
| Crawford, John | R | Absent or abstained |
| Curcio, Michael G. | R | No |
| Darby, Tandy | R | Yes |
| Dixie, Vincent | D | Absent or abstained |
| Doggett, Clay | R | Yes |
| Eldridge, Rick | R | Yes |
| Faison, Jeremy | R | Yes |
| Farmer, Andrew | R | Yes |
| Freeman, Bob | D | No |
| Gant, Ron M. | R | Yes |
| Garrett, Johnny | R | No |
| Gillespie, John | R | Yes |
| Griffey, Bruce | R | Yes |
| Grills, Rusty | R | Yes |
| Hakeem, Yusuf | D | Absent or abstained |
| Halford, Curtis | R | Yes |
| Hall, Mark | R | Yes |
| Hardaway, G. A. | D | No |
| Harris, Torrey C. | D | No |
| Haston, Kirk | R | Yes |
| Hawk, David | R | Yes |
| Hazlewood, Patsy | R | No |
| Helton, Esther | R | Yes |
| Hicks, Gary | R | Yes |
| Hicks, Tim | R | Yes |
| Hodges, Jason | D | No |
| Holsclaw, Jr., John B. | R | Yes |
| Howell, Dan | R | Yes |
| Hulsey, Bud | R | Yes |
| Hurt, Chris | R | Yes |
| Jernigan, Darren | D | Absent or abstained |
| Johnson, Curtis | R | Yes |
| Johnson, Gloria | D | No |
| Keisling, Kelly | R | Yes |
| Kumar, Sabi ‘Doc’ | R | No |
| Lafferty, Justin | R | Yes |
| Lamar, London | D | No |
| Lamberth, William | R | Yes |
| Leatherwood, Tom | R | Yes |
| Littleton, Mary | R | Yes |
| Love, Harold M., Jr. | D | Absent or abstained |
| Lynn, Susan | R | Yes |
| Mannis, Eddie | R | No |
| Marsh, Pat | R | Yes |
| McKenzie, Sam | D | Absent or abstained |
| Miller, Larry J. | D | Absent or abstained |
| Mitchell, Bo | D | No |
| Moody, Debra | R | Yes |
| Moon, Jerome | R | Absent or abstained |
| Ogles, Brandon | R | Yes |
| Parkinson, Antonio | D | Absent or abstained |
| Potts, Jason | D | Absent or abstained |
| Powell, Jason | D | No |
| Powers, Dennis | R | Yes |
| Ragan, John | R | Yes |
| Ramsey, Bob | R | Absent or abstained |
| Reedy, Jay D. | R | Yes |
| Rudd, Tim | R | Yes |
| Rudder, Iris | R | Yes |
| Russell, Lowell | R | Yes |
| Sexton, Cameron | R | Yes |
| Sexton, Jerry | R | Absent or abstained |
| Shaw, Johnny | D | No |
| Sherrell, Paul | R | Yes |
| Smith, Robin | R | Yes |
| Sparks, Mike | R | Yes |
| Stewart, Mike | D | No |
| Terry, Bryan | R | Yes |
| Thompson, Dwayne | D | Absent or abstained |
| Todd, Chris | R | Yes |
| Towns, Joe, Jr. | D | Absent or abstained |
| Travis, Ron | R | No |
| Vaughan, Kevin | R | Yes |
| Vital, Greg | R | Yes |
| Warner, Todd | R | Yes |
| Weaver, Terri Lynn | R | No |
| White, Mark | R | Yes |
| Whitson, Sam | R | No |
| Williams, Ryan | R | Yes |
| Windle, John Mark | D | Yes |
| Wright, Dave | R | Yes |
| Zachary, Jason | R | Yes |
