TN special session live updates: GOP silences Jones as House, Senate remain deadlocked

Kirsten Fiscus, Vivian Jones, Angele Latham, Craig Shoup, Sarah Best, Melissa Brown and Evan Mealins, Nashville Tennessean
Updated ·25 min read
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Tennessee lawmakers return this afternoon for more work. The House and Senate ended the week in a stalemate. The Senate approved a narrow slate of legislation, while the House wants to tackle a broader agenda.

Will the two sides be able to compromise?

Follow along all day with live updates.

House sign rule to remain blocked, judge rules

The controversial rule banning signs in the Tennessee House will remain blocked following an order from Chancellor Anne C. Martin that came down Monday afternoon.

The ruling comes hours after a court hearing Monday morning where state and ACLU attorneys argued over whether the temporary restraining order blocking the enforcement of the ban should be lifted.

Martin wrote that the plaintiffs, three activists removed from a House committee room, had shown a likelihood of success on the merits of their claims that the rule violated the First Amendment. Martin converted the temporary restraining order to a temporary injunction that will remain in place "until further order of the Court.”

"The Court concludes the risk of irreparable harm to Plaintiffs based on a likely constitutional injury weighs heavily in favor of the issuance of a temporary injunction," Martin wrote in the order.

— Evan Mealins, The Tennessean

Coming for your seats

Crowds of angry demonstrators mostly cleared out of the rotunda as state troopers slowly pressed the lines farther back, with protestors chanting "We will be back!" and "We're coming for your seats."

The crowds overwhelming shouted that they would be back tomorrow, "and every day until they hear us."

Democratic representatives stood briefly with the protestors, shouting "Who's House? Your House!" at the gathered residents.

"This is a sham," shouted Jones, as he stood with protestors.

— Angele Latham, The Tennessean

Senators deny having heard from governor, Senate stands firm

Outside the chamber, Senate Majority Leader Jack Johnson, R-Franklin, and Lt. Gov. Randy McNally, R-Oak Ridge, both denied having received any communication from the governor regarding a series of 12 bills that he backs.

“We actually found out about the list on Twitter. That was news to us,” McNally said.

Asked whether the chamber intends to take up any further bills, Johnson said no.

“I don’t intend to do so,” Johnson declared. “The Senate has completed its business for the extraordinary session.”

He acknowledged that conversations with the House and governor’s office had occurred over the weekend, but that the chamber does not intend to take up any more bills.

“I think there were some calls from House members to encourage us to take up additional bills, but the Senate has completed its business,” he said.

Johnson said that he does not think it’s likely that the session will stretch far into September.

“I hope not. I hope that the House will realize that we’re serious about having conversations about their legislation between now and January,” Johnson said. “There’s some really good bills that the House has brought forward, we just don’t think there is time during a special session which lasts a few days to properly vet those bills.”

– Vivian Jones, The Tennessean

Senate adjourns again, apparently unmoved by Lee’s request

Galleries in the Senate chamber were full of spectators with signs reading, “I am a voter for firearm safety,” and “Shame on the TN GOP.”

Sen. Heidi Campbell, D-Nashville, recognized spectators in the gallery. Those in attendance stood as Campbell read the names of the six people who died in the Covenant shooting.

“We are on track to break a mass shooting record in Tennessee this year. The previous record was 19 – we’ve already had 16 this year,” Campbell said. “We have a gun problem in this state. It is an emergency. It is a public health emergency.”

The chamber then adjourned until 10 a.m. on Tuesday, taking up no further bills.

— Vivian Jones, The Tennessean

House gallery erupts after Jones vote

Anger exploded from the gallery as the House voted to silence Rep. Justin Jones for the day, after he was ruled as out of order twice by House Speaker Cameron Sexton, R-Crossville.

Fellow Democrats walked out of the session after the vote.

The crowd screamed at Sexton following the vote, yelling, “This is a fascist state!” and “You’re racist!”

Chants only grew louder as state troopers began swarming the gallery to clear it. Demonstrators stayed in their seats as troopers began asking them to leave, but slowly cleared out into the halls to continue chanting.

The vote against Jones on Monday threw Democrats' previous objections to rules changes in sharp relief. His Democratic colleagues tried to get clarity on the House floor about what specifically Jones said that was out of order.

At least one lawmaker asked for a transcript of what Jones said, which Sexton said wasn't required under the rules.

Rep. Justin Pearson, D-Memphis, rose to point out that Rep. Gino Bulso, R-Brentwood, had been gaveled out of order twice while presenting a different bill. But the House clerk argued Sexton had issued first a warning to Bulso before finding him out of order.

This explanation appeared to infuriate the public gallery, and Democrats on the floor, who later walked out of the chamber en masse after lawmakers voted to silence Jones.

Pearson briefly walled into the gallery to begin the chant of “Whose house? Our house!”

Sexton gave a glance toward the gallery before attempting to continue.

— Angele Latham, The Tennessean

House votes to silence Rep. Justin Jones

House Republicans voted Monday afternoon to silence Rep. Justin Jones, D-Nashville, for the remainder of the day after he was twice ruled out of order by House Speaker Cameron Sexton, R-Crossville.

Yells of “racists” and “fascist” rang down from the gallery as lawmakers took the Monday vote. Lawmakers voted 70 to 20 to discipline Jones while Sexton ordered troopers to clear the balconies.

Sexton had twice gaveled Jones out of order during Monday debate, a frequent interaction between the House leader and the freshman Nashville Democrat, who has frequently challenged House Republicans and was briefly expelled from the House last spring in unprecedented disciplinary proceedings.

The Monday vote came under new, controversial rules House Republicans passed last week that allows new disciplinary actions to be taken against members for “decorum” issues on the floor. House Democrats last week decried the rules, arguing House Republicans through their supermajority hold the power to define what might be out of order.

“The problem here is you have the discretion to say what is or isn’t out of order,” said House Minority Leader Karen Camper, D-Memphis. “Members were asking what was out of order. It appeared to me, the little bit I did hear, is the member was trying to make an analogy with respect to the bill.”

After the vote, the entire House Democratic caucus walked out of the chamber in solidarity with Jones.

— Melissa Brown, The Tennessean

Nashville Democrat cites presence at 1994 school shooting to push for safe storage

Rep. Caleb Hemmer, D-Nashville, has for months advocated for stricter safe storage laws for firearms. It was among the first bills the freshman lawmaker brought last spring, and an issue he renewed during the ongoing public safety special session.

On Monday afternoon, Hemmer revealed his advocacy is personal.

Hemmer was a student at Nashville's John Trotwood Moore Middle School in 1994 when a classmate took his grandfather's gun and brought it into a music class. When two students began playing with the gun, Terrance Murray was accidentally shot in the back of the head. The shooting rocked the city as the first and only fatal shooting inside a Nashville school, until the Covenant School shooting last spring.

Hemmer described a 12-year-old in that music class who had to go home and throw away his blood-splattered clothes and backpack.

"That kid swore one day he would do something about it when he got a chance," Hemmer said on the House floor. "He's talking to you right now."

Gov. Bill Lee's special session call allowed for incentivizing safe storage bills but blocked any legislation bringing penalties or holding gun owners criminally accountable for failing to responsibly store their firearms, which Hemmer criticized.

"Secure storage is something we all need to take more seriously," Hemmer said. "Ultimately, there’s nothing more hypocritical than all agreeing there’s a problem and not agreeing to address a solution."

'It was overwhelming': The 1994 deadly school shooting that rocked Nashville

— Melissa Brown, The Tennessean

Demonstrators bring signs as House begins session

A full gallery of demonstrators greeted House members as they began their 2 p.m. CT session Monday afternoon, with many hoisting signs over head and snapping in approval of some lawmakers speaking against the slate of bills on the agenda.Some demonstrators held cell phones with scrolling messages, while some wore hand-painted T-shirts emblazoned with messages supporting gun legislation.

The House continued to pass legislation despite the Senate's ongoing refusal to open up the committee process and consider more proposals.

"I'd like to send a clear message to the Senate that we're going to pass legislation over here," Rep. Lowell Russell, R-Vonore, said when presenting a bill to centralize Tennessee's court document systems. "If they'd like to keep up, that's fine."

— Angele Latham and Melissa Brown, The Tennessean

Gov. Lee asks senate to consider 12 bills

Gov. Bill Lee is asking Senate leadership to reopen committees to consider 12 bills previously tabled in the Senate in an effort to broker a compromise with House leadership, according to a legislative aide familiar with the communication.

Included in the package of 12 is House Speaker Cameron Sexton’s proposal to authorize blended sentencing for juvenile offenders. The bill could send 16-year-old defendants to adult prison. Also included among the 12 is a bill to create a centralized court records system to ensure the state’s background check database remains consistently updated, and a controversial measure to make autopsies of child victims of violent crimes exempt from state public records law.

Many of the bills have already passed the House, while others are on the calendar this week.

For the Senate to take up the bills, as Lee is asking, Senate committee chairs would have to reopen committees. Last week, Lt. Gov. Randy McNally, R-Oak Ridge, indicated they are not inclined to do so.

Lee did not mention his efforts when asked about the special session by reporters during an event in Jackson on Monday morning.

“We see that with both houses, both chambers, there’s differences to work through, as there generally are with every session,” Lee told reporters Monday. “I am very hopeful for what this conversation means to the people of Tennessee because overall it elevates the conversation of public safety.”

Spokespeople for Lee and McNally did not immediately return requests for comment.

Here are the bills Lee is asking the Senate to take up.

  • House Bill 7002 — Sponsored by House Majority Leader William Lamberth, R-Portland, and Senate Speaker Pro Tem Ferrell Haile, R-Gallatin, the bill would require public, private, charter, and church-related schools to develop safety response procedures for how students, teachers, and staff should respond when a fire alarm is activated outside of a scheduled fire drill, distinguishing whether the emergency is a fire, inclement weather, or an active shooter situation.

  • House Bill 7003 — This bill, sponsored by Lamberth, would expand a 2021 law to allow victims of aggravated stalking and especially aggravated stalking to seek a lifetime order of protection.

  • House Bill 7007 — This proposal, by Lamberth and Rep. Gino Bulso, R-Brentwood, would specify that autopsy reports for minor victims of violent crime are not public documents, but that a parent or legal guardian of the minor victim may consent to their release, as long as the parent is not a suspect in investigations of the minor's death.

  • House Bill 7072 — This bill, by Rep. Mark White, R-Germantown, and Sexton, directs the Administrative Office of the Courts to develop a centralized system of case document management, filing, and electronic payment methods, for state and local court public case data.

  • House Bill 7073 — This bill, by Sexton, would require juvenile courts to impose a blended sentence for a juveniles adjudicated delinquent for certain offenses.

  • House Bill 7063 — This bill, by Rep. Tim Rudd, R-Murfreesboro, would allow public and charter schools to hire law enforcement officers retired from federal, state, or local agencies to serve as school resource officers, and requires school districts to adopt policies to govern such hires.

  • House Bill 7023 — This proposal, by Rep. Scott Cepicky, R-Culleoka, would authorize law enforcement agencies to assign police officers to serve as school resource officers at schools during regular school hours and special events, even when the school district does not have a memorandum of understanding with the law enforcement agency.

  • House Bill 7034 — This bill, by Sexton, would heighten penalties for stalking, aggravated stalking, and violating retraining orders for domestic abuse based on stalking, and require mental health assessments for defendants convicted of stalking offenses.

  • House Bill 7008 — This proposal, by Rep. Jason Zachary, R-Knoxville, would require mental health professionals and behavioral analysts to warn identified victims or groups if they determine that a patient has made an actual threat of bodily harm or intends to commit harm.

  • House Bill 7016— This proposal, by Haile and Rep. Mark Cochran, R-Englewood, would make it a felony offense to recklessly threaten an act of mass violence, and require defendants charged with threatening an act of mass violence to undergo a mental health evaluation before being released on bail.

  • House Bill 7071 — This bill, by Sexton, requires the TBI to submit a report on the number of mass shootings that occur in Tennessee to state leaders by Jan. 1.

  • House Bill 7027 — This bill, by Lamberth, would require the state to pay for costs of court-ordered mental health evaluation and treatment for criminal defendants charged with a misdemeanor who are believed to be incompetent to stand trial, or who may have lacked mental capacity at the time of the offense.

– Vivian Jones and Melissa Brown, The Tennessean

Covenant parents slam lawmakers

Parents of Covenant School survivors slammed lawmakers, particularly Senate Republicans, for an ongoing stalemate between the two legislative chambers. The Senate has wrapped its business and passed a narrow slate of legislation, and the upper chamber has so far refused to reopen the committee process to consider a slate of House bills.

"We are now caught in the middle of a cold war between the House and the Senate at the cost of our family's dignity," Covenant mom Sarah Shoup Neumann said at a news conference.

Relative political newcomers, the group of Covenant parents who spent the summer lobbying for legislative change now say last week was a rude awakening to the realities of legislative politics in Tennessee.

Becky Hansen said her 6-year-old son is learning better problem-solving and listening skills at The Covenant School than displayed by many lawmakers in recent days.

"Unfortunately, as we stand here today, we see that many of our elected leaders, particularly in the Senate, have done nothing other than prove they're incapable of the job they have been called to do," Hansen said. "Despite having weeks to coalesce around the agenda, these grown men and women have decided to leave their playground and go home, leaving us as the citizens of Tennessee and the victims of violent crimes waiting on the sidelines and carrying their emotional and financial baggage of $58,000 a day."

– Melissa Brown, The Tennessean

Jones calls for vote of no confidence in Sexton

Before heading to the courtroom on Monday, Rep. Justin Jones, D-Nashville, delivered a letter to colleagues in the House of Representatives calling for a vote of no confidence in the leadership of House Speaker Cameron Sexton, R-Crossville, claiming that the speaker has “desecrated the standing of this body.“At a time of record low approval ratings, this is not just a vote of no confidence in the speaker, but a vote to restore confidence in this body with the people of Tennessee,” he wrote.Jones outlined 12 examples of what he called “abuses and usurpations” in Sexton’s leadership, including questions about his residency, using taxpayer funds to move an intern out of the reach of a Republican member who allegedly harassed her, barring spectators from holding signs, and, he argued, wasting taxpayer money on the special legislative session, which he called “political posturing.”

For a no confidence vote to be successful, it would require significant support from the Republican caucus, which is unlikely.Sexton’s office did not respond to a request for comment.

— Vivian Jones, The Tennessean

Gov. Lee on special session: 'There’s work to be done'

Following a Monday morning visit to the STAR Center, a disability support organization in Jackson, Gov. Bill Lee commented on the stalemate between the House and Senate.

While expressing sentiments of public safety being “incredibly important,” Lee explained that it is “an issue that matters to every Tennessean.”

“Tennesseans should believe that they can live in a safe neighborhood,” he said. “It’s urgent that we address public safety. That’s why I called this special session.”

Noting the months it took to bring lawmakers together for the special session, Lee added that he, along with lawmakers, both brought proposals for reform.

“Now this special session is happening and it’s not finished, it’s not done, and there’s work to be done and we’ll see where that work goes,” he said. “We have yet to see the full outcome of that but I think it’s also a topic that we should never stop talking about. People care a lot about this.”

Lee, who has been at the Capitol every day that the General Assembly has been in session, said he has been in conversation with a number of lawmakers concerning “ways that we can be helpful to move this process forward.”

“It’s a process in the General Assembly, we find that with every session, and frequently we find ourselves in the situation where there are differences to resolve and that’s where we are right now,” Lee said.

When asked if he believes that the Senate has accomplished what they were called to do, Lee said his original goal in calling the General Assembly together was to bring the conversation surrounding public safety to the forefront.

“They’re not complete, so it’s difficult to comment on the outcome because the outcome is not finished,” he said. “We see that with both houses, both chambers, there’s differences to work through, as there generally are with every session. I am very hopeful for what this conversation means to the people of Tennessee because overall it elevates the conversation of public safety and it will elevate it for years to come which, in my view, is one of the most important things we can be talking about.”

— Sarah Best, The Jackson Sun

'I am the face of every mother': Plaintiffs in sign rule lawsuit speak after hearing

After the hearing, the three plaintiffs said they felt the attorneys laid out their case well, saying that enforcement of the new rule would be devastating.

“It will be demoralizing, and it will feel like our democratic rights are … being taken away from us,” Plaintiff Allison Polidor said.

State troopers removed Polidor from a House committee hearing room while holding a yellow sign that read “1 kid > all the guns.”

“I showed up last week for my very first committee hearing, and I was carried out,” Polidor said. “I know my constitutional rights. You don’t have to be an attorney to know what your constitutional rights are. I have a right to stand up here to talk about protecting children. And I did not know that I would have to just protect my constitutional rights along the way.”

“I am the face of every mother in America that is just dead tired of seeing the news and watching our children being massacred every day and our lawmakers doing nothing to protect them,” Polidor said.

Outside the courtroom after the hearing, ACLU Attorney Stella Yarbrough said that the current legal challenge only applies to the temporary House rules adopted for the special legislative session, but that ACLU will consider another challenge if the House moves to permanently adopt a similar rule.

— Vivian Jones, The Tennessean

Signs rule hearing comes to end, judge promises swift ruling

In rebuttal arguments, Cody Brandon with the Tennessee Attorney General's Office argued that legislative committee rooms serve the specific purpose of legislative work.

“The purpose of those rooms is for the legislature to conduct its business,” Brandon said. “It can choose in conducting its business to take the input of certain citizens.”

“Outside of those places, plaintiffs have ample opportunity to express their ideas,” he said.

The state argued that committee meetings are for “business,” not expression.

“Protesting is the same means of communicating ideas,” Martin said, stating that protesting and speaking before a committee during the meeting hold the same value.

“I think differently,” Brandon said. "And I think, your Honor, it just goes to the point that the committee hearings themselves, the purpose is to conduct business. … Outside of those spaces, plaintiffs have ample opportunity to express their ideas and that's the place to do it.“

After nearly an hour-long hearing, Martin adjourned the proceedings, promising a speedy decision.

“I'm aware the resolution of this is important,” Martin said. “I want to make sure I have a written decision that is thorough and thoughtful and addresses the issue appropriately.”

— Vivian Jones and Angele Latham, The Tennessean

Demonstrators removed for sign rule watch emergency hearing closely

Sitting in the front row of the gallery were the three plaintiffs in the case, Allison Polidor, Erica Bowton and Maryam Abolfazli, who were watching the proceedings with evident interest.

Polidor, the first demonstrator removed from last week’s contentious subcommittee meeting, nodded in approval as Yarbrough asserted that the banning of signs was “anything but viewpoint neutral.”

— Angele Latham, The Tennessean

'Tennessee is not alone': State's attorney argues sign rule is not uncommon

On behalf of the Tennessee Attorney General’s office, Cody Brandon asked the court to dismiss the temporary restraining order that is currently blocking the House from enforcing the new rule.

“The plaintiff’s request today threatens to upset the delicate demarcation of powers that are critical to our constitutional system,” he argued.

Brandon argued that House galleries are “no public fora” which are subject to different constitutional standards, and cited other courts and government buildings, including the U.S. Supreme Court and state capitols in Michigan, Mississippi, Virginia, and Nebraska, where courts have affirmed that signs may not be allowed.

“Tennessee is not alone in restricting the use of signage in the places where its legislature does business, to prevent and disruption,” he argued.

He cited videos submitted with the court depicting spectators holding signs above their head and obstructing others’ view, which he argued was a disruption.

Martin questioned the State on their reasoning for forming the rule.

“I don't think there's any evidence that these individuals are being disruptive,” she said. “They were sitting quietly and holding their signs.”

The state attorney said that they did not need actual incidental evidence to make the rules.

“The case law says that, for regulations of non-public (forums), the regulation does not have to be justified with respect to a specific instance of conduct, just that it must be reasonable in light of the purpose served by the forum,” Brandon said.

Martin also asked whether the signs rule has been “selectively enforced,” which Brandon denied.

“It's interesting,” Martin said. “The rule was put in place based on the [governor’s] proclamation that has the list of 18 subjects — it wasn’t put in place as a general matter for all proceedings — but is targeted to this particular session.”

Brandon noted that the House policy prohibiting signs has been in place since the early 2000s, as noted on a sign posted outside the chamber, and as such is not new.

“The sign regulation, on its face, applies to all signs and doesn't discriminate between those who might be in favor of gun control those who might be against it,” Brandon said. “The sign regulation just very clearly applies to all sides. There's no discrimination based on content, or viewpoint or speaker.”

— Vivian Jones and Angele Latham, The Tennessean

State Rep. Justin Jones present

Rep. Justin Jones, D-Nashville, sat behind the bar alongside several demonstrators who had been removed from a House committee room last week, listening intently and occasionally raising his eyebrows during the state’s arguments.

— Vivian Jones, The Tennessean

ACLU: How can a sign be disruptive in one chamber, and not another?

Attorneys for both sides introduced themselves as the hearing began just after 11 a.m.

“We’ll go back and forth until everyone says everything they need to say,” Martin said, as arguments kicked off.

Beginning her argument, ACLU attorney Stella Yarbrough held up a sign that read “1 kid > all the guns,” arguing that House members prohibiting spectators from holding such a sign—as they did last week—would violate the spectators’ constitutional rights

“The government never has a legitimate government interest to infringe on people’s constitutional rights,” she said.

House Ethics Counsel Doug Himes submitted a photo of a sign posted outside House galleries, declaring rules that “no signs, banners, or place cards” are allowed in the gallery. Himes testified in a statement with the court filed Monday morning that the sign has been in place since the early 2000s.

Yarbrough argued that the rule is rarely enforced, and argued that the Senate permits spectators to hold signs.

“How can a sign be disruptive in one chamber, and not another?” she asked, “unless, of course, one chamber seeks to silence particular speakers or particular points of view, which may be the case here given that the house is the chamber engaged in a battle against its own members when they speak up about gun legislation.”

— Vivian Jones, The Tennessean

How the ACLU begins making its case in hearing about House sign rule

The hearing on the House's new rule barring signs began with Stella Yarbrough, legal director of the ACLU of Tennessee.

In her hand Yarbrough had the small paper sign held by plaintiff Allison Polidor when she was removed from a House Subcommittee meeting last week.

“The leadership of the House of Representatives wants the court to believe that this sign is disruptive and a threat to the ordered business of democracy,” Yarbrough said. “It's not. It's free speech. And it's essential to the order of business of democracy.”

Yarbrough argued that — despite the states assertions — the rule banning signs is not “viewpoint neutral,” because the Senate has been operating without hindrance throughout the special session while attendees held signs.“The rule fails because it's so, so clearly and patently unreasonable,” she said. “As we say in our briefing, the Senate has been conducting its business the entire special session without a sign ban. … How could a sign be disruptive to one chamber but not the other unless, of course, one chamber seeks to silence particular speakers or particular points of view?”

— Angele Latham, The Tennessean

Courtroom packed ahead of hearing on House signs rule

Davidson County Chancellor Anne Martin’s courtroom on the fourth floor of the Historic Metro Courthouse was packed with spectators ahead of a hearing Monday morning to determine whether the House of Representatives will be allowed to continue enforcing a controversial new rule banning the public from holding signs in the chamber and committee room galleries.

Rep. Justin Jones, D-Nashville was present, along with several Covenant families, as attorneys from Attorney General Jonathan Skrmetti’s office prepared to defend the rule, which was debated and adopted last week.

— Vivian Jones, The Tennessean

Judge to weigh new Tennessee House sign rules during emergency hearing

A judge will likely decide today whether a Tennessee House of Representatives rules change — barring signs in the galleries — will be allowed to stand.

The change originated during an ad hoc meeting that did not appear on the legislature's website or publicly posted calendars, despite permanent House rules requiring all meetings be open to the public.

Davidson County Chancellor Anne Martin issued a temporary restraining order Wednesday against the House after the American Civil Liberties Union of Tennessee filed a lawsuit earlier that morning.

The rules change sparked outrage when Covenant School families were pulled from a House Committee meeting by state troopers for holding paper signs supporting gun reform.

House Speaker Cameron Sexton, R-Crossville, in a legal filing by the Attorney General's Office urged Martin to reverse the ruling and asked for an expedited hearing. The hearing is set for 11 a.m. CT.

The Senate never adopted similar rules.

— Kirsten Fiscus, The Tennessean

Senate leader hints at long stalemate

Senate Majority Leader Jack Johnson, R-Franklin, announced Saturday that he will postpone his annual fundraising event, Boots & Jeans, BBQ & Beans, which had been scheduled for Sept. 10. U.S. Sen. Marsha Blackburn, R-Tennessee, and swimmer-turned-activist Riley Gaines were special guests for the event.

Lawmakers are barred from fundraising at any time the legislature is in session. Rescheduling the event could indicate that the impasse between the Senate and House may drag well beyond Labor Day weekend.

– Vivian Jones, The Tennessean

Catch up on last week's coverage

This article originally appeared on Nashville Tennessean: Tennessee special session updates: House GOP votes to silence Jones