Public faces new restrictions on watching legislative action as TN lawmakers return to work

The public faced new restrictions on watching the proceedings of Tennessee House of Representatives — a last-minute ticketing requirement to sit in a public Capitol gallery — as lawmakers returned Tuesday to begin the 2024 legislative session.

State troopers and House Sergeants at Arms turned spectators away from the west House gallery ahead of the start of session on Tuesday, citing a new policy requiring tickets issued by lawmakers that was never publicly announced. Under the policy, as best understood by members of the public, lawmakers, and those enforcing it, lawmakers were allowed to give out a single spectator ticket to sit in the House gallery.

The rule, established by House Speaker Cameron Sexton. R-Crossville, effectively slashes public access to House proceedings by half.

It's unclear when the speaker created the new policy, as minutes before the session began, lawmakers — including GOP leadership — seemed unaware of its origin.

Connor Grady, Sexton's new spokesperson, told The Tennessean earlier Tuesday that he could not speak to the origin of the policy, why members of the public were being prevented from observing the public proceedings, when the policy was created, who created it, or why tickets would be required to access a public area of the building.

"The east side gallery is seated on a first come first serve basis for the public.  The west side gallery is a daily legislative ticketed seat, just like Congress," Grady wrote in response to an emailed request for information from The Tennessean, after declining to provide details in person. "The tickets can obtained through their state representative’s office or each of the respective caucuses."

"The east side of the gallery is open without needing a ticket - it is open seating - that policy was not changed," Grady said.

Grady said the speaker had notified Minority Leader Karen Camper, D-Memphis, of the new policy on Monday, and that the House clerk had delivered tickets to her office to distribute at that time.

It is unclear what authority the House Speaker has to develop, implement, and enforce such a ticketing policy without first presenting it to the House Rules Committee and ultimately to the full body for a vote.

But Ken Jobe, a House Democratic spokesperson, said that although Sexton had approached Camper to share that he was considering implementing a ticketing policy, the minority leader never received official word that it would actually move forward.“She was shocked when the tickets showed up in her office today,” Jobe told The Tennessean on Tuesday.

House Majority Leader William Lamberth, R-Portland, deferred to the House Speaker's office when asked whether the new ticketing policy is written down.

House Democrats sharply criticized the new policy in Tuesday's floor proceedings. Democratic Caucus Chair John Ray Clemmons, D-Nashville, said he was surprised to learn of the policy less than an hour before the session began.

"We strongly oppose this new policy that was unilaterally decided by the Speaker and/or his office, which effectively bars people from the 'People's House,'" Clemmons said.

Proposed rules: TN House rules panel allows members to carry guns — not visual aids — in committee rooms

Whitney Weaver, a Brentwood resident, was turned away from the gallery and told to contact her lawmaker to obtain a ticket. When she and her friend did so, the legislative assistants who answered the phone were unaware of the ticketing policy.

The policy is one of several apparent crowd-control measures enacted after the intense protests of last spring, with an increased trooper presence still present in the Capitol. Members of the public and lobbyists, many of whom were also vocally upset by the new gallery policy, are now sequestered within a warren of stanchions in the Capitol rotunda and wide hallway outside the Senate and House chambers. The area was entirely open to the public a year ago.

“If you don't maintain decorum, then it doesn’t become anybody’s house except the people who scream the loudest. The only way it can be the people's house is if you follow the rules,” House Republican Caucus Chair Jeremy Faison, R-Cosby, told The Tennessean. “It's whoever's screaming the loudest's House right now, and that's not okay. That’s not how you govern.”

Gun measures, education among key topics in session

The Covenant School shooting last March, where three children and three staff members were killed, and the ensuing protests and political turmoil continue to reverberate through the halls of the Capitol. Two separate advocacy groups on Tuesday called for lawmakers to act on gun safety reform

Covenant families and their supporters have vowed not to let up.

Shouts of "Whose house? Our house!" from demonstrators in the rotunda were audible from inside the chambers as lawmakers began business.

House members are expected to consider a controversial rules package in a Wednesday floor session, with Senate committees beginning on Tuesday to hear hot-button cultural issues and the state's financial health.

Meanwhile, a proposal from Gov. Bill Lee to expand school choice vouchers statewide was a center of attention even on day one: a bus of about 50 activists arranged by Americans for Prosperity of Tennessee traveled to the Capitol from East Tennessee to lobby lawmakers in support of Lee's school choice expansion.

Work this year is expected to center around education funding ― including school choice ― gun safety, and tax laws, while lawmakers will also likely face some budget tightening decisions as state revenues continue to taper.

In the Senate, Lt. Gov. Randy McNally, R-Oak Ridge, was not present to gavel session to order, as he is continuing to recover from ankle surgery at his home in Oak Ridge. The 79-year-old has said he will monitor legislative business through staff and colleagues. Senate Speaker Pro Tem Ferrell Haile, R-Gallatin, presided over the Senate on Tuesday.

Sen. Art Swann, R-Maryville, announced during the Senate session that he will not seek reelection this year. The 71 year old has represented Senate District 2, which includes Blount, Polk, Monroe, and part of Bradley Counties since 2017, and has served in the legislature since 2010.

House set to vote on decorum rules despite objections from Democrats

The full House will consider the new rules package on Wednesday. The GOP did not attempt to bring back a controversial rule blocking spectators from holding signs in the House gallery and committee rooms, avoiding another lawsuit on the issue. But House members are not allowed to use papers, signs or visual aids at any time to make a political statement as they discuss bills on the House floor.

Under the new rules, presentations on House bills will be limited on both the floor and in committee to just five minutes — despite multiple attempts by Democrats on Monday to extend presentation limits to 10 minutes or 15 minutes.

Members who are ruled by the House Speaker to be out of order, if confirmed by a vote of the body, can be temporarily silenced for up to two legislative days, on a third offense. Democrats in August walked off the House floor after Rep. Justin Jones, D-Nashville, was ruled out of order, with the minority party arguing the supermajority holds outsized power to define what might be out of order.

Anyone, including House members, may continue to bring guns into committee rooms, and spectators watching legislative proceedings can still hold 8.5 inch-by-11 inch signs this year.

Rules committee members on Monday overwhelmingly voted down a proposal by Rep. Justin Jones, D-Nashville, to prohibit firearms inside committee rooms at the Cordell Hull State Legislative Office Building.

More: TN House rules panel allows members to carry guns — not visual aids — in committee rooms

School children plead for gun safety laws

Before lawmakers entered the chambers, five Tennessee elementary school students pleaded with state lawmakers to pass legislation that would protect children from gun violence.

Ivy Ogle, 10, spoke first during a news conference hosted by Rise & Shine Tennessee, a nonprofit organization advocating for gun safety, among other things. She said her friend was at The Covenant School during the shooting.

"Now she's scared of things I've never thought to be scared of like sitting in a dark movie theater, loud banging noises — and she even wants to put bulletproof glass in her house," Ivy said. "There's so much going on. This shouldn't be something kids have to worry about."

Rise & Shine Founder Mariam Abolfazli said she hopes the voices of children will get the attention of lawmakers and inspire action.

"We've tried," Abolfazli said. "Advocates have tried. Parents have tried. We're all empty-handed."

Meanwhile, nonpartisan civic group Starts with Us introduced a group of 11 Tennesseans, who identify across the political and ideological spectrum, who are calling for a slate of mental health and gun safety reforms, including expanding the school resource officer program to include mental health resources and an extreme risk, or red flag, law to temporarily remove firearms from people deemed a threat to themselves or others.

Clergy call for peaceful activism

Faith leaders and congregants joined vigils and marches at the state Capitol last year in the wake of the Covenant shooting, such as the Moral Monday march with prominent civil rights leader Rev. William Barber II.  Clergy shared a message of hope and concern during a news conference on Tuesday morning, focused on building on that moment this year.

“This is not the first time that this group of people and many other pastors from across many denominations have been together here the state Capitol and so this will not be the last,” said Franklin pastor Rev. Matt Steinhauer at the news conference at Nashville's First Lutheran Church. “I’m hoping that when I go up to the state Capitol after this press conference that I see the same faces that were up there in March and April and August of this year that have continued one long protest.”

Faith communities across political and racial divides came together last year over support for gun reform, an issue likely to receive less attention during this legislative session. But that shouldn’t hinder faith leaders’ advocacy, said the Rev. Cherisna Jean-Marie.

“In 2024, we do not need another tragedy for us to speak up or speak out,” Jean-Marie, founder of The Co-Conspirator Institute, a nonprofit that works with victims of gun violence. “Our work is not just to show up. But our work is also to teach the people in our community how to be active.”

Rachel Wegner and Liam Adams contributed. 

Melissa Brown and Vivian Jones cover state politics and government for The Tennessean. Reach Melissa at mabrown@tennessean.com, and Vivian at vjones@tennessean.com. 

This article originally appeared on Nashville Tennessean: Tennessee General Assembly: New public restrictions for 2024 session