NASHVILLE, Tenn. (WTVF) — After several days of threats, a lawsuit has been officially filed from the city of Nashville against Tennessee Gov. Bill Lee, Secretary of State Tre Hargett and Coordinator of Elections Mark Goins. It all has to do with the controversial new law that requires Metro Council to downsize from 40 members to just 20.
"It’s chaos, it cannot go forward," said Wally Dietz, Metro's Law Director, during a Monday afternoon news conference about the lawsuit.
Last week, when state lawmakers passed a law that would slash Metro Council's membership in half, the bill's senate sponsor felt confident they could defend it in court.
"I think it’s very defensible," said Sen. Bo Watson, a Republican from Hixon.
Now the state will have to prove it.
"I don’t believe there’s a case in the history of Metro that’s more important than this one," said Dietz.
Dietz argues in a 28-page lawsuit that the new law violates the Tennessee Constitution in several ways.
"The state legislature does not have the constitutional authority to come in and change our charter without our approval," said Dietz. "That is flatly unconstitutional."
Dietz also argued that state law can't just single out an individual city, under the Home Rule amendment of the Tennessee Constitution and that a provision of the Tennessee Constitution protects Metropolitan governments from limits on the size of their legislative bodies.
Next, the suit will be heard by a panel of three judges. One will be a chancellor from Nashville, the other two from West and East Tennessee respectively will be appointed by the Tennessee Supreme Court. Dietz was optimistic about Nashville's case.
"The constitution’s clear, we expect to win," he said.
But NewsChannel 5's Legal Analyst Nick Leonardo shared last week, that the panel's ruling may have more to do with politics.
"I don’t feel like the [Tennessee General Assembly has] stacked the deck in their favor, I 100% for sure know they’ve stacked the deck in their favor. But then again, you see that in politics," said Leonardo.
Dietz argued the distance between City Hall and Capitol Hill could only grow larger depending on what happens next.
"We are either going to have a future that the legislature does whatever it wants to do, without regard for our rights, without regard for people who live here. That’s one option. The other option is — they have to respect our constitutional rights," said Dietz.
Of course, unless the legal system intervenes on this law, Metro has to proceed under the assumption it will remain the law of the land. That being said, Metro Legal warned yet again Monday there simply isn't enough time to redistrict all of the Metro Council seats before the August 2023 election.
If the city can't make that deadline, under the new law, there will be a special election August of 2024 and council members will serve a one-time three-year term to get the elections back in sync.
Metro asked to expedite the process, so it could come before the panel of judges as early as late this week or early next week.
Lee declined to comment.
Tennessee Speaker of the House Cameron Sexton, a Republican from Crossville, said in a brief statement: "The speaker isn't surprised by the lawsuit."
Elizabeth Lane, spokesperson for Tennessee Attorney General Anthony Skermetti, tells NewsChannel 5, "The Tennessee Attorney General’s Office is aware that the suit was filed and stands ready to defend the law as passed by the legislature and enacted by Governor Bill Lee."
