In the latest move over control of Music City, a three-judge panel sided with Metro Nashville and blocked a state law that would replace nearly half of the local sports authority’s board members with state-appointed board members. .
Judges issued the preliminary injunction Friday morning, three weeks after attorneys for the state and Metro filed arguments.
The decision marks the fourth time this year that the court has sided with Metro Nashville in a legal battle with the state.
“Today’s unanimous decision blocking the Sports Authority Takeover Act is a clear victory that protects the constitutional rights of all local governments from state overreach,” Metro Legal Director Wally Dietz said in a statement Friday morning. Stated. “Four different three-judge committees, with judges from all over the state of Tennessee, found that four different times the Legislature had amended the Tennessee Constitution when it passed legislation that covered only the Nashville metropolitan area. It was unanimously ruled that a violation had occurred.
Dietz said that while Metro “doesn’t enjoy suing the state,” the city is “working with Nashville Metropolitan and the people who live here in hopes of improving the relationship between the state and Nashville Metro in 2024.” We are ready to defend our rights.”
Mayor Freddie O’Connell said Dietz has a “general track record of success” defending Metro in these constitutional cases, which is why the O’Connell administration retained Dietz as Metro legal director after former Mayor John Cooper’s term. He stated that this was one of the reasons why he asked him to remain in office.
how did we get here?
Earlier this year, the Tennessee General Assembly passed a bill authorizing the Governor, Lieutenant Governor, and Speaker of the Tennessee House of Representatives to appoint two members each to the Metro Nashville Sports Authority. Gov. Bill Lee signed the bill in May. It was scheduled to take effect on January 1, 2024.
Metro Nashville sued the state over the law on October 11th. Metro made much the same allegations in three other lawsuits it filed against the state this year. In other words, the law violates the “Home Rule” amendment of the Tennessee Constitution. Prohibits Congress from passing laws that impose local regulations without local approval.
In their decision, the judges said the state’s argument that the law was intended to apply to other counties was “an untenable presumption at best.”
“The court further finds that if the 2023 Act does not take effect, there will be a violation of Metro’s constitutionally protected interest in controlling local affairs, and Metro will have no remedy even if the 2023 Act takes effect.” the judges wrote.
The city continues to defeat the state in its lawsuits against the state of Tennessee, most recently securing a ruling blocking a law that would have given the state authority to appoint the Nashville Airport Authority. The state appealed the decision in late November.
Judges Mark Ward, James Gass and Chancellor Iashea Miles issued the injunction. Melissa Roberge of Metro Legal and Bob Cooper of Bass, Berry & Sims represented Metro at the hearing three weeks ago. The state was represented by Mary Elizabeth McCullough of the Tennessee Attorney General’s Office.
About Sports Authority
The Metro Council established the Sports Authority in 1995. Since then, Metro has been responsible for the acquisition, operation, repair, and maintenance of Nashville’s professional sports facilities and surrounding campuses.
The authority was responsible for bringing the Tennessee Titans, Nashville Predators, and Nashville SC to Music City, and facilitated the renovation of Bridgestone Arena and the construction of Geodis Park.
Mayor ‘cautiously optimistic’ about improving relations with state
After news of the injunction broke Friday morning, O’Connell told reporters he felt there wouldn’t be as much hostility between Metro Nashville and state legislators in the next legislative session. .
“We’ve had a lot of conversations with state leadership on both the executive and legislative sides to see where there are opportunities for partnership and compromise,” O’Connell said, adding that he was cautiously optimistic. .
While there will likely be policy disagreements, O’Connell points to the Music City Center board bill as a model for compromise.
“I think the general impression at this point is that that incident did not result in anything like a bribery…a state intervention in the ex-officio capacity of a commissioner working with locally appointed commissioners. “We are doing so,” he said. “These are large local assets for which bonds are frequently issued in the name of Metro taxpayers, and I think it is entirely appropriate that we protect their right to appoint them.”
Rep. Caleb Hemmer (D-Nashville), chairman of the Davidson County Legislative Delegation, said in a statement that he hopes lawmakers will pass legislation that promotes the city rather than punishing it. Ta.
“This is the fourth consecutive ruling by a three-judge panel finding that the Legislature violated the Tennessee Constitution with respect to the home rule clause, which is flawed to the detriment of Nashville,” Hemmer said. “The unconstitutional strategy was illegal and unfair.” “My hope is that this Congress returns to passing legislation that promotes Nashville, not punishes it, because that is in the best interest of Tennessee and its residents.”
Evan Mellins is a justice reporter for The Tennessean. Contact him at emealins@gannett.com or follow him on X (previously known as Twitter). @EvanMeberinse.