NASHVILLE, Tenn. (WTVF) — Parents of The Covenant School victims and surviving students filed a motion in court asking for no release of the shooter's documents, even redacted versions to the public.
The suit represents 75% of families associated with The Covenant School. The motion for intervention was filed in relation to two of the three existing lawsuits: The Tennessee Firearms Association and the National Police Association. Within the last week, both The Covenant Church and The Covenant School have filed their own motions for intervention. Six people died in the mass shooting in March, three of them 9-year-old children.
"These parents have all come together, with one voice, to ask that they be allowed to intervene in these cases against Metro’s planned release of the shooter’s writings," attorneys for the parents wrote in a brief to the court. "The parents wish to provide briefing, argument, and evidence to this Court to argue that Metro’s planned release of a redacted version of the writings is too much. Rather, the Parents see no good that can come from the release and wish to contend that the writings — which they believe are the dangerous and harmful writings of a mentally-damaged person — should not be released at all."
The parents' attorneys wrote they intend to argue that the Tennessee Open Records Act cannot apply in the name of school safety and that there is an "implicit exception." First Amendment lawyers and public records advocates have told NewsChannel 5 that regardless of the lawsuits the status of the record is that those writings are open to evaluation because the Metro Nashville Police Department hasn't shown any indication they plan to charge someone with a crime.
A 1980s Supreme Court decision dealing with the Memphis Police Department said records remain open to the public even during an active investigation if the police aren't actively charging an individual.
At a minimum, the parents' attorneys argue that the court shouldn't release any writings until June 8, when a show cause hearing will allow victims' families to speak to the court about the release of the records. The unredacted version of the documents is now with a judge. The parents' attorneys said they want the students at The Covenant School to finish the school year to spare them any pain if they were to be released.
"Once the documents are released, the parents’ legal claim will be moot," attorneys wrote. "So to avoid mooting their claim and to give them the chance to set out their position, the Parents request that the Court pause any potential release of any part of the writings until at least the Show Cause hearing on June 8. For these procedural reasons alone, delaying a ruling on the merits until June 8 is warranted."
Attorneys ask for this to be either immediately granted or included in an existing status conference about the documents on May 18.
