Nashville sues Tennessee over law giving state power over Sports Authority appointments

Cassandra Stephenson and Evan Mealins, Nashville Tennessean
Updated ·4 min read

Metro Nashville has filed another lawsuit against the state of Tennessee accusing it of overreach into local affairs, this time over legislation that gives state officials power to appoint members to Metro Nashville's Sports Authority's board of directors.

Metro argues that the law violates the "Home Rule" amendments and equal protection clauses of the Tennessee Constitution.

“We do not enjoy filing lawsuits against the State and in fact hope for an improved relationship,” Metro Law Director Wally Dietz said in a news release. "But this statute affects only Nashville, not any other sports authority in Tennessee. We cannot sit idly by and let the State deprive the Metropolitan Government and the people who live here of their rights under our Tennessee Constitution.”

Gov. Bill Lee signed into law in May a bill reorganizing Metro Nashville's Sports Authority Board, giving state officials the authority to appoint six of the board's 13 members. The law will go into effect on Jan. 1, 2024.

The Metro Council created the Sports Authority in 1995, and since then it has been responsible for acquiring, operating, repairing and maintaining professional sports facilities and their surrounding campuses in Metro Nashville.

Among the authority’s accomplishments: bringing the Tennessee Titans, Nashville Predators and Nashville SC to the city, facilitating the renovation of Bridgestone Arena and facilitating the construction of Geodis Park. The sports authority also issued $760 million in bonds to fund the new Titans stadium.

“Since its creation in 1995, the Sports Authority’s board members — Nashvillians appointed by the mayor of Nashville — have guided the incredible growth of our city’s professional and amateur sports and recreational activities. Their able oversight is evident at every stadium, arena, and ballpark event we all enjoy,” said Mayor Freddie O’Connell.

"Home Rule" amendments added to the Tennessee Constitution in 1953 bar the General Assembly from passing legislation that impacts only a particular county or city in its governmental capacity without local approval.

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

Some lawmakers referenced the state's $500 million contribution to a new, enclosed Tennessee Titans stadium as a reason for state officials to have representation on the board.

"The state of Tennessee has made significant capital investments on the East Bank — including the new indoor football stadium and the performing arts center," Tennessee House of Representatives Speaker Cameron Sexton, R-Crossville, said in a statement to The Tennessean Wednesday. "Merely having representation on the Nashville Sports Authority Board to oversee these historic investments allows all parties to have a seat at the table."

Metro argues in its lawsuit, however, that that rationale is “inconsistent with the State’s treatment of other sports authorities throughout the state,” including the Memphis and Shelby County Sports Authority, which received $350 million from the state for improving FedEx Forum and Simmons Bank Liberty Stadium but was not affected by the act.

Wednesday's filing is the latest in a litany of lawsuits Metro has filed this year challenging new state statutes that sap local authority.

Tennessee lawmakers enacted a slate of bills impacting local governance and decision-making in Nashville this spring, including:

  • A law slashing the size of Metropolitan councils to no more than 20 members

  • A law effectively reducing the threshold of Metro Council votes required to renovate the Nashville Fairgrounds

  • A law reorganizing the Metro Nashville Airport Authority, giving appointment authority for six of the eight seats to state officials (no other airport authorities in the state currently meet the criteria for the law to apply to them)

  • A law mandating that community oversight boards must disband or be remade into civilian review boards with lesser investigative abilities

A three-judge panel struck down the law that would have lowered the number of votes needed to approve changes to the Nashville Fairgrounds Speedway in September.

A separate panel of judges is expected to rule on Metro's lawsuit challenging the state's mandated Airport Authority Board restructure in the next few weeks. The panel heard final arguments from Metro, state and Metro Nashville Airport Authority attorneys on Oct. 9.

Nashville sued the state in March over the law that cuts Nashville's council in half, claiming it violates home rule by targeting only Nashville's government — Nashville has the only Metro Council large enough to be impacted by the statute. A three-judge panel in that case temporarily halted the law's implementation in April, allowing Nashville's August election to move forward as planned with 40 council seats on the ballot.

Dietz said Metro does not plan to file a lawsuit challenging the police oversight legislation because it affected police oversight boards in Nashville, Memphis, Chattanooga and Knoxville, making the home rule constitutional argument inapplicable.

Metro Sports Authority Lawsuit by USA TODAY Network on Scribd

Vivian Jones contributed.

This article originally appeared on Nashville Tennessean: Nashville sues Tennessee over Metro Sports Authority law