Latest news with #TennesseeLaw
The Independent
7 days ago
- General
- The Independent
Tennessee court upholds law from Republican legislators to cut blue Nashville's council in half
A Tennessee appeals court on Tuesday upheld the constitutionality of a law passed by the state's Republican-controlled legislature to punish the Democratic-leaning city of Nashville by slashing the size of its council. The 2023 law aims to cut Nashville's consolidated city-county governing council in half, from 40 members to 20. Although it was written to apply broadly statewide to both city and consolidated city-county governments, Nashville is the only Tennessee city meeting that definition with a council of more than 20 members. The law was one of several targeting Nashville after the council's rejection of efforts to host the 2024 Republican National Convention in Music City. The Tennessee Court of Appeals 2-1 ruling on Tuesday overturns an earlier split decision by a panel of judges at the trial court level that ruled in favor of the city. The law has been on hold pending appeals. Nashville attorneys argued that the law is unconstitutional because a provision of the Tennessee Constitution that limits local legislative bodies to 25 members explicitly exempts municipalities organized under a consolidated city-county government. The city also argued the law violates another section of the Tennessee Constitution known as the Home Rule Amendment that prevents the General Assembly from making laws that apply to a single county or municipality. In ruling against the city, the majority wrote that nothing in the Constitution explicitly prevents the General Assembly from 'imposing its own limit on the voting membership of a metropolitan council.' Given the fact that the judges must start from the assumption that state statutes are constitutional 'we cannot condone interpreting the Tennessee Constitution's silence such that the legislature's power is curtailed in this manner." In his dissent, Judge Kenny Armstrong argued his colleagues are misinterpreting the word 'exempt." 'While the Article contains no language to enjoin the General Assembly from limiting Metro's legislative body to any number over 25, the Article clearly precludes the General Assembly from limiting Metro's membership to any number less than 25,' he wrote. Armstrong did not address the Home Rule Amendment. The majority there found that even though Nashville is the only city that the law actually effects, it was written as a law of general application. Nashville has been mostly successful in challenging some of the other state laws taking aim at the city, although many of the cases are still in appeals. In one, a judicial panel ruled the state cannot enforce a law making it easier to pass changes through the metro council to the local fairgrounds speedway, which is being considered for upgrades in hopes of drawing a NASCAR race. A court panel likewise ruled it was unconstitutional for Tennessee lawmakers to pass a state takeover of Nashville International Airport's board. Judges also temporarily blocked a law that would reconfigure the group overseeing professional sports facilities in Nashville by letting state leaders pick six of its 13 board members. Republcan House Majority Leader William Lamberth issued a statement on Tuesday praising the court's ruling on the size of Nashville's council. 'I applaud the court's decision today affirming the constitutionality of the Small Government Efficiency Act. This action reins in excessive government growth while ensuring local municipalities across the Volunteer State remain accountable and responsive to their constituents," he wrote. Nashville Vice Mayor Angie E. Henderson said in a statement that the decision fails to respect the will of Nashville voters, who created a 'highly representative, local legislative branch.' Henderson said they will discuss next steps with the city's attorneys.
Associated Press
7 days ago
- Business
- Associated Press
Tennessee court upholds law from Republican legislators to cut blue Nashville's council in half
NASHVILLE, Tenn. (AP) — A Tennessee appeals court on Tuesday upheld the constitutionality of a law passed by the state's Republican-controlled legislature to punish the Democratic-leaning city of Nashville by slashing the size of its council. The 2023 law aims to cut Nashville's consolidated city-county governing council in half, from 40 members to 20. Although it was written to apply broadly statewide to both city and consolidated city-county governments, Nashville is the only Tennessee city meeting that definition with a council of more than 20 members. The law was one of several targeting Nashville after the council's rejection of efforts to host the 2024 Republican National Convention in Music City. The Tennessee Court of Appeals 2-1 ruling on Tuesday overturns an earlier split decision by a panel of judges at the trial court level that ruled in favor of the city. The law has been on hold pending appeals. Nashville attorneys argued that the law is unconstitutional because a provision of the Tennessee Constitution that limits local legislative bodies to 25 members explicitly exempts municipalities organized under a consolidated city-county government. The city also argued the law violates another section of the Tennessee Constitution known as the Home Rule Amendment that prevents the General Assembly from making laws that apply to a single county or municipality. In ruling against the city, the majority wrote that nothing in the Constitution explicitly prevents the General Assembly from 'imposing its own limit on the voting membership of a metropolitan council.' Given the fact that the judges must start from the assumption that state statutes are constitutional 'we cannot condone interpreting the Tennessee Constitution's silence such that the legislature's power is curtailed in this manner.' In his dissent, Judge Kenny Armstrong argued his colleagues are misinterpreting the word 'exempt.' 'While the Article contains no language to enjoin the General Assembly from limiting Metro's legislative body to any number over 25, the Article clearly precludes the General Assembly from limiting Metro's membership to any number less than 25,' he wrote. Armstrong did not address the Home Rule Amendment. The majority there found that even though Nashville is the only city that the law actually effects, it was written as a law of general application. Nashville has been mostly successful in challenging some of the other state laws taking aim at the city, although many of the cases are still in appeals. In one, a judicial panel ruled the state cannot enforce a law making it easier to pass changes through the metro council to the local fairgrounds speedway, which is being considered for upgrades in hopes of drawing a NASCAR race. A court panel likewise ruled it was unconstitutional for Tennessee lawmakers to pass a state takeover of Nashville International Airport's board. Judges also temporarily blocked a law that would reconfigure the group overseeing professional sports facilities in Nashville by letting state leaders pick six of its 13 board members. Republcan House Majority Leader William Lamberth issued a statement on Tuesday praising the court's ruling on the size of Nashville's council. 'I applaud the court's decision today affirming the constitutionality of the Small Government Efficiency Act. This action reins in excessive government growth while ensuring local municipalities across the Volunteer State remain accountable and responsive to their constituents,' he wrote. Nashville Vice Mayor Angie E. Henderson said in a statement that the decision fails to respect the will of Nashville voters, who created a 'highly representative, local legislative branch.' Henderson said they will discuss next steps with the city's attorneys.
Yahoo
03-05-2025
- Yahoo
Blount County DA points out ‘inadequacy' of laws behind ex-PE teacher's sentencing
BLOUNT COUNTY, Tenn. (WATE) — Amid anger and frustration from residents, the District Attorney General over the prosecution of a former Blount County Schools PE teacher who was accused of inappropriately touching students has explained the reasoning behind the charges that were pursued and called the law over the crimes in question 'clearly insufficient.' Earlier this week, former Blount County Schools employee Joseph Dalton was given a sentence that could allow him to have the case expunged later after he pleaded guilty to five accounts of assault by physical contact. The judicial diversion, which is a type of probation for first-time offenders, requires Dalton to serve six months of supervised probation, undergo psychosexual evaluation, and comply with any resulting recommendations of that evaluation Mother of victim speaks out against former Blount County teacher's sentencing Early Saturday morning, Fifth Judicial District Attorney General Ryan Desmond issued a statement about the case, explaining how the case developed, why the specific charge against Dalton was chosen, and the difficult questions asked ahead of the prosecution. Desmond explained that he became aware of an incident where a young student felt like one of their teachers was acting inappropriately in late 2023, and he said it was the first time he had heard of that teacher. After this, he also heard concerns from others that there had been numerous similar allegations made against the teacher in the past, he wrote. Because of the concerns, Desmond said he had a criminal investigator obtain surveillance video from every class the teacher had participated in that school year. After reviewing the footage, Desmond said they located multiple concerning incidents where the teacher had physical contact with students that was inappropriate. The parents of the students were notified, and the investigation continued with statements and all possible related evidence being collected. An important aspect of Tennessee criminal law that Desmond explained was that laws on sexual battery require contact with the 'intimate parts' of a victim. He said no videos or evidence showed that the teacher had done that, and while the teacher's behavior was concerning, it did not qualify as sexual battery or any other sexual offense under current Tennessee Law. 'We then faced a question, if the conduct did not amount to sexual battery, should the case and investigation then be closed? I found this answer to be unacceptable. Instead, we carefully researched the law and found the only criminal offense that fit the facts and evidence before us. That criminal offense was assault through the 'offensive touching' of another,' Desmond wrote. Under Tennessee law, assault by offensive touching is a Class B misdemeanor, which has a maximum punishment of 6 months, Desmond explained. 'The children have to come first': Parents angered by sentencing of ex-Blount County PE teacher The next question Desmond's office faced was if it was worth it to prosecute the case knowing how minimal the sentence would be. The alternative, he said, was to do nothing. 'I was elected to protect the citizens of our community, and the right choice was clear. Considering past efforts by the school system to curtail this teacher's behavior had clearly not been effective, doing nothing was not an option I could accept,' Desmond wrote. Desmond explained that the decision to charge the teacher with five counts of offensive touching assault was not made lightly. Rather, he said the decision was made knowing that many would think the charges and sentence 'would be woefully insufficient,' but that prosecutors are only able to do what the law allows. If there were more serious charges that were supported by the evidence, prosecutors sought those charges, Desmond wrote. He ended his statement saying: I understand people believe the sentence for these crimes is insufficient. I do not disagree. I would certainly support any effort by the legislature to amend the law to address scenarios wherein a person in a position of trust has inappropriate contact with children in their law for these crimes, as it currently exists, is clearly insufficient. Despite that inadequacy, when faced with this issue I ultimately made the decision that some action had to be taken. I stand by that decision. Fifth Judicial District Attorney General Ryan Desmond Desmond is not the only Blount County official who is calling for the laws to change. Blount County Mayor Ed Mitchell wrote that he is doing everything in his power to make sure the actions Dalton was accused of never happened to another student in the Blount County Schools system. 'I share everyone's frustrations with the outcome of the charges against Mr. Dalton. There are not enough words to express how deeply disappointed I am. Laws need to be changed. At the root of it all, this entire situation could have been avoided years and years ago with proper action by the School Administration,' Mitchell wrote in part. 6 News obtained the judgement records for Dalton, which states that the victims of these charges were between the ages of 8 and 10 years old. The document also adds that Dalton's probation is set to end on October 30, 2025. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
