Nashville says state lawmakers are violating 'Home Rule.' Here's what that means

Nashville and the state of Tennessee are engaged in legal battle to determine the limits of Nashville's ability to govern itself.

In three pending lawsuits, the city claims state legislators overstepped their authority by passing laws that change Metro Nashville's charter without allowing Davidson County voters the opportunity to approve or disapprove the changes.

The tension between Nashville's local governance and state preemption has grown over the last decade. State lawmakers say they have the authority to govern cities as "creatures of the state," drawing upon a concept from an Iowa Supreme Court case from the 1860s known as Dillon's Rule. Metro attorneys say the laws violate the rights granted to Davidson County voters through the Tennessee Constitution's "home rule" amendments.

But what is home rule, and where does it apply? Here's what to know.

What is 'home rule?'

Tennessee added "home rule" amendments to the state constitution in 1953, giving cities who adopt "home rule" the ability to pass and change their own charter through local referendum elections without approval from the Tennessee General Assembly.

The home rule amendments insulate local authority from state overreach, specifying that the General Assembly cannot pass an act that impacts only a particular county or city in its governmental capacity unless the act requires local approval — either by voters in an election or by a two-thirds vote of the local legislative body.

The home rule amendment also bars state legislators from interfering with local officeholders.

In recent years, questions of city versus state authority and the scope of home rule's protection have increasingly been tested in the court system.

Which Tennessee cities have adopted home rule?

Cities can adopt home rule charters through local voter referendum. Metropolitan governments aren't technically home rule entities, but are granted "wide powers" by the state legislature that closely resemble those given to "home rule" cities, according to the University of Tennessee's Municipal Technical Advisory Service for local governments.

Fourteen cities in Tennessee have adopted home rule charters:

• Chattanooga

• Clinton

• East Ridge

• Etowah

• Johnson City

• Knoxville

• Lenoir City

• Memphis

• Mt. Juliet

• Oak Ridge

• Red Bank

• Sevierville

• Sweetwater

• Whitwell

Tennessee has three consolidated metropolitan governments:

• Nashville/Davidson County

• Lynchburg/Moore County

• Hartsville/Trousdale County

Tennessee vs. Nashville: What leverage does each side have in legislative battle?

Metro Nashville lawsuits claiming home rule violations

Metro Nashville has filed three lawsuits against the state this year, each claiming that a recently passed law infringes on home rule protections by circumventing the will of local voters and specifically targeting Nashville/Davidson County. All remain pending in Davidson County Chancery Court.

∎ Metro Nashville on Monday filed a lawsuit claiming a new law giving the state the power to appoint the majority of the city's airport authority board violates the state constitution's home rule and equal protection clauses.

∎ In May, Metro sued the state seeking to strike down a law that lowers the approval threshold needed for Nashville's council to approve renovations at the Nashville Fairgrounds Speedway.

Davidson County voters added a provision to Nashville's charter via referendum in 2011, requiring a 27-vote supermajority of the council to approve any demolition on the fairgrounds premises. The new statute reduces the threshold to 21 votes, so long as any "improvements" are used for "substantially the same use" of their predecessors.

∎ Nashville sued the state in March over a law that slashes Metro Council in half, limiting city and metropolitan councils to no more than 20 members. Metro Nashville's council is the only council in the state large enough to be impacted by the statute.

A panel of judges chosen by the Tennessee Supreme Court granted an injunction temporarily halting the law's implementation in April, allowing Nashville's Aug. 3 elections to move forward with 40 council seats on the ballot.

∎ Nashville previously engaged in a court battle with the state over school vouchers, claiming the Gov. Bill Lee's education savings account program was unconstitutional under the Home Rule Amendment. While Nashville and Memphis prevailed in trial and at the appeals courts, the state Supreme Court ultimately determined that act was not unconstitutional because the court didn't consider the school systems in each city to be governmental entities.

∎ Meanwhile, Metro Nashville has not challenged a new law eliminating police watchdog panels with investigative powers — also called community oversight boards." The law applies to local governments throughout the state, immediately impacting boards in Nashville and Memphis. New requirements allow local governments to create oversight committees, but with more limited investigative power.

This article originally appeared on Nashville Tennessean: How 'home rule' plays a role in Nashville's legal fight against state