Tennessee law lowering Nashville council fairgrounds vote threshold ruled unconstitutional
In a win for local Metro Nashville authority, a three-judge panel struck down a new state law this week that would have changed the number of Metro Council votes needed to approve demolition at the Nashville Fairgrounds – a necessary step toward Metro's proposed $100 million renovation deal with the Bristol Motor Speedway.
Under the deal, orchestrated by Mayor John Cooper's administration, the Bristol Motor Speedway would lease the 117-year-old historic fairgrounds track and undertake a $100 million renovation – a step toward bringing NASCAR Cup Series racing back to town.
Signed by Gov. Bill Lee in May, the new state law would have smoothed the way for Metro Council approval of the deal, overriding a provision in Nashville’s Metro Charter to lower the number of votes needed to approve the deal from 27 votes (a Metro Council supermajority) to 21 votes (a simple majority).
Metro voters revised the Metro Charter in 2011 to require a 27-vote supermajority before any demolition is allowed at the Fairgrounds. The measure passed by a two-to-one margin.
Metro Nashville government and Metro Council members Colby Sledge, Bob Mendes, and Sandra Sepulveda, filed the lawsuit in May, challenging the constitutionality of the new state law based on the Home Rule amendment of the state Constitution, which prohibits the state from passing local laws that apply only to one county without offering counties local approval.
The law specifically states that it “applies and will only ever apply to the Metro Nashville Charter,” singling Metro Nashville out without allowing Nashville voters to weigh in.
The lawsuit is one of several filed by Metro challenging laws the General Assembly passed this year aimed at Nashville, as tensions between the city and state continue.
Arguments in the consolidated cases were made on Aug. 11. In a ruling Thursday evening, Judge Jeffrey Parham, Judge Deborah Stevens, and Chancellor Patricia Head Moskal ruled that the new law is unconstitutional.
“Clearly, the General Assembly may pass laws that are local in form and effect. But the Tennessee Constitution commands that if it does, the legislation must include a provision for local approval,” the ruling states. “Chapter 364 does not include a local approval provision.”
The speedway deal has won support from state lawmakers and Lee. The state has approved $17 million toward the project, while the Nashville Convention and Visitors Corp. has pledged another $17 million. The Metro Sports Authority would issue revenue bonds to help fund the renovation.
The Nashville Fair Board approved Bristol Motor Speedway proposal in March.
But the Metro Council must consider and approve the deal before it becomes final. And it will be a fight: residents of surrounding neighborhoods have expressed concerns over noise, increased traffic, and the public funds involved in the deal. Advocacy groups including Stand Up Nashville and the Neighborhood Impact Advisory Council have publicly opposed it.
Nashville has also challenged state laws passed this spring that would slash the Metro Council in half, and overhaul appointing authority for membership the Metro Airport Authority.
Vivian Jones covers state government for The Tennessean. Reach her at vjones@tennessean.com or on X and Threads at @Vivian_E_Jones.
This article originally appeared on Nashville Tennessean: Judges strike down TN law lowering Nashville fairgrounds vote number
