Nashville Council members, community leaders sue state over council reduction law
A group of Nashville Council members, council candidates and community leaders filed a lawsuit Tuesday against the state of Tennessee, arguing a new state law requiring Nashville to halve its council without a public vote violates voter rights enshrined in the state constitution.
The suit was filed around 3:30 p.m. as a related action to a similar lawsuit filed by the Metropolitan Government of Nashville against the state on March 13. A three-judge panel will hold an April 4 hearing on Metro's request to temporarily halt the law's implementation to allow local elections on Aug. 3 to proceed with 40 council seats as planned.
The new lawsuit states it should be assigned to the same three-judge panel for review.
The suit asserts the same constitutional claims as the city's lawsuit, adding the argument that the law limiting city and metro councils to 20 members infringes Davidson County voters' rights to vote for a new Metro Council every four years, vote on charter amendments and vote on "fundamental changes to the structure of their consolidated metropolitan government" as outlined in the Tennessee Constitution's "home rule" amendment.
Plaintiffs on the lawsuit include:
Reverend Davie Tucker
District 29 Council member Delishia Porterfield (seeking reelection)
Reverend Judy Cummings
Dave Goetz, former Tennessee commissioner of finance and administration and former president of the Tennessee Chamber of Commerce and Industry
Alma Sanford, a community advocate who has served on multiple Metro boards
Quin Segall, member of the Metro Industrial Development Board and candidate for an at-large Metro Council seat
District 30 Council member Sandra Sepulveda (seeking reelection)
At-large Council member Zulfat Suara (seeking reelection)
The suit names Gov. Bill Lee, Secretary of State Tre Hargett and Tennessee Coordinator of Elections Mark Goins as defendants.
You asked, we answered:What we know about shrinking Nashville's council
While the power of the Tennessee General Assembly generally supersedes local authority, "home rule" amendments added to the Tennessee Constitution in 1953 somewhat curtail state control. One amendment states, in part, that the General Assembly cannot pass an act that impacts only a particular county or city in its governmental capacity, unless that act requires local approval via voter referendum or a two-thirds vote of the local legislative body.
The new law limits all city and metropolitan councils in the state to 20 members or less, but in effect, the law's immediate impact falls solely on Davidson County — the only city or metro in Tennessee with more than 20 members.
A 40-member council with 35 district council members and five at-large council members is written into Metro's charter, and the size of the council was part of a key race-related compromise that led to voters approving Metro's creation in 1962.
This lawsuit seeks to invalidate the Metro Council Reduction Act and seeks an injunction of the "imposition of a breakneck reapportionment and redistricting schedule upon the people of Nashville and Davidson County."
In the meantime, the new law requires the Metro Planning Department to present a redistricted map with 20 council seats or fewer to the current Metro Council by April 10. The department has released two draft maps — one with 15 district seats and five at-large seats, and one with 17 district seats and three at-large seats — and continues to collect public feedback on council configuration and proposed district lines.
Should Metro Council not approve a new map that complies with the Metro Council Reduction Act by May 1, the law states councilmanic elections scheduled for Aug. 3 will be canceled and current council members will serve an additional year.
Council Reduction Lawsuit, Filed March 28, 2023 by USA TODAY Network on Scribd
This article originally appeared on Nashville Tennessean: Council members, community leaders sue state over council reduction law
