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Capitol View: Fri., April 27, 2018

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CAPITOL VIEW

By Pat Nolan, Senior Vice President, DVL Seigenthaler Public Relations, a Finn Partners Company

April 26, 2018

WHEN A MASS SHOOTING BECOMES A CAMPAIGN ISSUE; THE POLICE SIT IT OUT; THE KOCH BROTHERS ARE NOW MORE OPENLY IN THE TRANSIT FIGHT; FINAL MOVES; HERE’S HELP IF YOU ARE STILL NOT SURE ABOUT THE ELECTION; MAYOR BRILEY’S FIRST DOWNTOWN DEVELOPMENT PROJECT; INSIDE POLITICS WRAPS UP THE 110TH GENERAL ASSEMBLY; THE NOSE OF THE CAMEL IS IN THE TENT; VICE PRESIDENT MIKE PENCE TO THE RESCUE

WHEN A MASS SHOOTING BECOMES A CAMPAIGN ISSUE

I guess it was bound to happen.

Within hours after Nashville, in particular the Antioch community, suffered its second mass shooting in the last six months, the senseless tragedy became part of our ongoing election campaigns.

One of the groups opposing the transit referendum on May 1, Better Transit for Nashville, posted this highly racist and reprehensible on-line post:

"4 killed in shooting in Antioch at a restaurant at about 3 am this morning. we are sorry to post this, but 'transit' will bring more crime like this. #voteagainst."

Not surprisingly, the post was blasted by pro-transit groups and others: Reports THE TENNESSEAN:

"Unfortunately, Better Transit for Nashville has stooped to an all-time low," said Kelly Brockman, a spokeswoman for Transit for Nashville, which is pushing for approval of the referendum. "What happened at Waffle House yesterday was a horrible tragedy for our city. For them to even put this tragedy in the same post as transit just shows the senselessness of this group."

After being called out, Better Transit for Nashville pulled down the message and apologized:

Our hearts go out to the victims of this tragedy, to their family, loved ones and friends," Jim Harwell representing the group wrote. "Better Transit apologizes for the post yesterday. We have many admins on our page. The post was made by one volunteer and does not represent what our group stands for. As soon as an admin saw it, it was removed.

"We are not able to monitor our page all the time, as we are only volunteers and, unlike Transit for Nashville, we do not have funding for staff."

What a lousy excuse. How about some better training for your volunteers and admins? That shouldn’t cost too much or require much training to discern completely inappropriate postings.

This is not the first time Better Transit for Nashville has come under criticism. Earlier this month, the group submitted an opinion piece to THE TENNESSEAN under a fabricated name and with a photo of someone unaffiliated with the organization.

The faith--based group NOAH (Nashville Organized for Action and Hope) is also unhappy with Better Transit for Nashville, as explained by THE TENNESSEAN:

“NOAH, last week accused Better Transit for Nashville of engaging in the "misleading and disingenuous use of our name in promoting their opposition to the transit plan."

NOAH was referring to an earlier Facebook ad by Better Transit for Nashville that read, "As progressive liberals, we stand with NOAH and PATHE Nashville & against the transit plan."

NOAH has not taken an official position on the transit referendum vote.

"We call on Better Transit for Nashville to remove all references to NOAH from its publications, both digital and analog, and to refrain from the use of our good name in the future."

The Waffle House mass shooting also once again triggered the gun control debate. Mayor David Briley said Sunday in the hours following the tragedy:

"We need comprehensive gun reform to address mass shootings, domestic shootings, accidental shootings and homicides," Briley said at news conference.

If we can all just come together for the greater good, we can take these weapons of war off the streets of our country," Briley said.

But former Vanderbilt professor Carol Swain, who is emerging as perhaps one of the leading challengers to Mayor Briley in the special mayoral election set for May 24, had a different take:

"Today's shooting shows how important it is to have well-trained and armed citizens in the community," Swain said in a statement condemning the shooting. "If one of the patrons had been armed, the situation may have turned out differently and lives could have been saved."

Swain, a former Vanderbilt University professor and conservative commentator with national notoriety, called the shooting "another example of the rise in violent crime that is plaguing our fair city."

"We must pray for the families involved, but we must also take action.”

Of course, Swain’s comments stirred even more discussion: https://www.nashvillescene.com/news/pith-in-the-wind/article/21002065/carol-swain-embarrasses-the-city-once-again

This may not have anything to do directly with the Waffle House massacre, but at the end of the week, GOP gubernatorial candidate Randy Boyd is just up on the air with a “get tough on crime” ad. “Violent crime in our state is on the rise, so when violent offenders do the crime, they must do the time, and we will make that clear with a strong emphasis on truth in sentencing,” Boyd said. : https://www.youtube.com/watch?v=4Ek37lMsXLk&feature=youtu.be

THE POLICE SIT IT OUT

The local Fraternal Order of Police will not be endorsing a candidate for mayor in the May election. THE TENNESSEAN reports a membership vote (with only 425 officers out of over 1900 FOP members participating). It found Mayor Briley with a strong plurality of support (41.67%) but not the 50% needed from the membership to trigger an endorsement.

Briley’s two conservative opponents Carol Swain and radio talk show host Ralph Bristol combined pulled just over 40% support in the FOP vote.

Reports THE TENNESSEAN’s Joey Garrison:

“Unlike other Nashville unions, the Nashville police union historically leans more conservative.

“In the 2015 mayoral runoff election, the group endorsed mayoral candidate David Fox over Megan Barry, giving Fox his only endorsement from a Metro employee union. During the 2015 general election, the union endorsed businessman Bill Freeman.”

Garrison also reported this surprise in the outcome of the FOP vote:

“Finishing fourth in the union's tally this year was state Rep. Harold Love Jr., D-Nashville, with 2.94 percent, followed by Jeffrey Napier and Julia Clark-Johnson, who both received under 1 percent.

At-large Councilwoman Erica Gilmore, who did not register in the final vote tally, did not take part in interviews, (FOP President James) Smallwood said.

Briley did pick up the endorsement of nearly 75% (29 out of 39) current Metro Councilmembers. He served as the body’s presiding officer as Vice Mayor before he became Mayor due to Megan Barry’s resignation in early March. The endorsement of Briley includes support from three of the five countywide Council At Large members (one who did not, Erica Gilmore is an opponent of Briley, the other, John Cooper is a potential 2019 mayoral candidate). Briley also split support from the African American Council members. Still, a three-quarters endorsement from any legislative body is strong, especially a political group not elected or organized on a partisan or party basis.

If you wondering what council members are not endorsing Briley, they are listed below, except Gilmore:

Those not endorsing Briley include: At-large Councilman John Cooper; Steve Glover, District 12; Robert Swope, District 4; DeCosta Hastings, District 2; Scott Davis, District 5; Karen Johnson, District 29; Jacobia Dowell, District 32; Antoinette Lee, District 33; and Angie Henderson, District 34. The District 1 council seat remains vacant, after former Councilman Nick Leonardo was appointed General Sessions judge in January.

One last observation; the true hero of the Waffle House massacre is, without question, James Shaw, Jr. He singlehandedly, and without a weapon, overpowered the assailant, made him drop his semi-automatic rifle and flee (without any clothing). Shaw is rightly being honored everywhere, including both houses of the General Assembly this week, and I suspect at the next meeting of the Metro Council. In addition to his heroics, Shaw is also helping to raise hundreds of thousands of dollars to aid the victims and their families.

All the mayoral candidates should be glad Shaw is not on the ballot on May 24. He’d get a lot of votes.

THE KOCH BROTHERS ARE NOW MORE OPENLY IN THE TRANSIT FIGHT

Until late last week, the arch-conservative Koch Brothers have publicly seemed to confine their involvement in the Nashville transit race to paying for phone banks and get out the vote efforts. Now there a large direct mail piece urging Nashville voters to Stop the Train.

You can access the website here: https://americansforprosperity.ivolunteers.com/Sign/Stop-the-Train-Nashville

The group Americans for Prosperity is affiliated with the Koch Brothers and its work here. Similar Stop The Train groups and websites have been set up all over the country to stop transit efforts. The still unanswered question is how much additional “dark” or undisclosed money has been given by the Kochs and others to stop the Nashville plan? We know No Tax 4 Tracks has received nearly 75% of its almost million- dollar funding from undisclosed sources. The funds can legally be undisclosed because the groups are incorporated under an IRS code that does not require allow identification of donors or how the money is distributed.

FINAL MOVES

Early voting ended Thursday with a bit of a surprise. A surge in the vote began Tuesday when the daily turnout spiked over 5,000 each day after being just above 3,000 per day earlier. Then on the last day (Thursday) over 11,000 voters cast ballots! That’s more than double earlier in the week and almost three times more than the earlier voting days.

Total it up, and over 59,000 went to vote early. That’s a huge number for a May election which is usually just a party primary. But, of course, it pales in comparison to the election Nashvillians always come out to vote for…a presidential election. We had a turnout of almost 250,000 in November 2016. Why we will be lucky to reach 100,000 or more in total vote Tuesday, with all that’s at stake for Nashville’s future, is baffling. But it’s a fact of political life.

The pro-transit forces think the last- minute early voting surge is a sign their phone banks and door to door canvassing of voters is working. They are still running like they will be behind (but close) when the early voting totals are released Tuesday evening. They still feel ok about their chances to win Tuesday night because their day- of work to get out the vote will be successful. But they admit to win, it might be a squeaker (51%-49? or 52%-48%?).

When campaigns come to their final days, most go back to their basic messages as a closing argument. For Better Transit for Nashville, that meant moving away from their TRUTH ad criticizing those groups opposing the transit plan and using secret undisclosed campaign funds. Instead they sent a final direct mail piece with prominent community leaders offering testimonials in support. The pro-transit group also hit a positive note in their final TV ad even though a protest demonstration was also held this week by transit supporters in front of Lee Beaman’s car dealership… https://www.facebook.com/TransitForNash/videos/433355947112558/?t=6

We’ve talked before about how the transit referendum has created something of a split among progressive groups. Some don’t like funding the transit plan in large measure with an increase in the sales tax. Others feel the plan will increase gentrification and do nothing to increase affordable housing.

To try and bridge that divide, some of the leaders of a group involved in a previous Nashville referendum have come together. NASHVILE FOR ALL OF US helped defeat an effort in 2009 to amend the Metro Charter to require city government communicate only in English.

They see echoes of their fight from a few years ago in the current debate. They see shortcomings with the transit plan but urge its approval. The group’s blast e-mail is included in full below:

“The undersigned advocates for equity and inclusion and various members of the Nashville for All of Us steering committee support the transit plan and encourage everyone to vote "For" the referendum between now and May 1st. While there are a variety of needs we must address as a city to stem the tide of gentrification, inequity, and poverty, creating a mass transit system in Nashville is one of the most drastic steps we can take to reach that goal.

Nashville cannot hope to manage the enormous population boom that it will experience over the next 20 years without mass transit. If we cannot move people around affordably and efficiently, we will cease to progress as a city; Nashville will have truly failed its residents, businesses, and visitors.

As difficult as that would be for everyone, the brunt of that failure would be felt by those who make this city work; by those who serve in Nashville's robust hospitality industry; by those literally changing the face of Nashville through development/construction; by the teachers who prepare our kids for the future, the first responders who keep us safe, and the healthcare staff who care for us; by those taking a huge risk to start their own businesses; by those paid minimum wage, struggling to make ends meet; by those working in the civic/social sectors of our society who assist those in great need; and by our friends, family, and colleagues who are trying to make a life here.

Like many Nashvillians, we are frustrated that this referendum does not include a comprehensive plan and funding source for affordable housing. Yet, we believe this transit plan will address one of this city's most intractable barriers to equity and inclusion. Therefore, voting against transit's success now, in the hopes that we will get both transit and affordable housing at some point in the future, is a risk we just cannot take.

That being said, the fact that Nashville has not come up with a comprehensive affordable housing plan that will confront the overwhelming need this city has is incredibly disappointing. We need to hold our government representatives and business/community leaders accountable for this delinquency. If we can push through a transit plan with a price tag in the billions of dollars, we can come up with an affordable housing plan at a fraction of a fraction of that cost. Creating mass transit is only one battle we need to win to banish the inequities in Nashville's current infrastructure. However, it is a critical first step.

Also, while we respect the opinions of those folks who have legitimate issues with the transit plan, we cannot respect the motivations behind the out-of-state interest groups funding the (Lee Beaman supported) campaign to kill the referendum. N4AOU faced these same people when they tried to pass English Only. Now, just like then, their goal is to stifle progress in this city. Now, just like then, most of their funding is coming from out-of-state interest groups with the help of a handful of locals. Now, just

like then, they are misstating facts and trying to confuse voters. But, if you are tired of hearing different groups saying they're right and others are wrong, you don't have to listen to anyone's opinion (theirs or ours). Go to the following link, read the transit plan, and decide for yourself: Transit Plan link.

When Nashville for All of Us was developing the white paper for equity and inclusion during the Nashville Next process, we talked to people who had trouble finding and keeping jobs and accessing necessary goods and services due to the lack of a mass transit system. One refugee who had been in the city just over a year was quoted in the report saying, "Not having a car is like not having feet." If that was true six years ago when the report was created, imagine this city in the coming decades as it grows by hundreds of thousands of people.

The future is in your hands, Nashville. So, get out and vote!

Kenny Byrd Randy Rayburn

Mark Eatherly Chris Sanders

Stephen Fotopulos Pat Shea

Tasha French Lemley Renata Soto

Mohamed-Shukri Issack Hassan David Taylor

Dan Hogan Hedy Weinberg

Tom Negri Stephen Zralek

Avi Poster

The No Tax 4 Tracks folks have so far not changed their ad campaign for the final push. It seems they feel confident that the FACTS spot the group has been running is still raising doubts and questions about the cost and effectiveness of the transit plan. They think the mood of the community is now against the plan and it will be rejected.

Tuesday night, we will see who is right.

HERE’S HELP IF YOU ARE STILL NOT SURE ABOUT THE ELECTION

Early voting is done.

The May 1st election is next week.

Still not sure for whom to vote? And what about the transit referendum?

Here’s a non-partisan source on-line that can help. http://www.vote411.org/

just enter your address and you will get a menu of races on the ballot.

Then you can click through a menu of races and learn more about the candidates, who they are and their qualifications.

You can also get information from both sides on the transit referendum.

Just another reason that lack of information is a poor excuse for not voting.

MAYOR BRILEY’S FIRST DOWNTOWN DEVELOPMENT PROJECT

Mayor Briley’s administration this week outlined his first downtown development project.

It’s a plan that would seek to address the city’s homeless problem, including providing both housing and services to those in need, along with improving green space downtown. It would also help facilitate through a land swap, the construction of the city’s latest skyscraper that could top out as high as 75 stories.

That’s ambitious all in one project.

Here are the details from both THE TENNESSEAN (focusing on the homeless efforts) and NASHVILE POST (focusing more on the development details): https://www.tennessean.com/story/money/2018/04/25/housing-service-center-homeless-planned-downtown-nashville/550199002/https://www.nashvillepost.com/business/development/article/21002392/giarratana-targets-downtown-park-for-skyscraper

The plan will require approvals from several Metro agencies (Planning Commission, Metro Parks) as well as the Metro Council. That process may not start until later in the summer, so maybe it won’t have much impact on any of the current political races (although you can never say that for certain as the devil is always in the details).

In some cases, land swaps have worked well in the past for the city. I was involved in one while I was in Mayor Fulton’s office in the mid-1980s. Metro got HCA to build the ice center, tennis courts and indoor swimming facility in Centennial Park. In return Metro gave HCA park property nearby where the current-day Centennial Medical Center stands. Later in that same area when Mayor Dean was in office, Metro again swapped property with HCA. The hospital company took over the old Lentz Health Center for future development while it built Metro its new Health Department headquarters on Charlotte Avenue.

THE NOSE OF THE CAMEL IS IN THE TENT

Maybe this year’s session of the Legislature will be best known for its legislation on booze.

Last week, lawmakers approved. and Governor Haslam signed into law, legislation that immediately allows liquor stores to be open on Sundays and most holidays (except Thanksgiving, Christmas and Easter). Come January 2019, the same will be true for grocery stores and retailers to sell wine.

Now comes the next step. In the waning hours of the General Assembly this week, a measure has been passed and sent to the Governor that will allow alcohol to be legally sold at Middle Tennessee and Tennessee State Universities athletic contests for the first time ever. More from NASHVILLE POST…. https://www.nashvillepost.com/politics/legislation/article/21002130/booze-coming-to-mtsu-tsu-games

It does not appear this new alcohol sales privilege will be immediately extended to other state colleges and universities. It does not apply to the University of Tennessee or Vanderbilt either. Those schools would need the Southeastern Conference to change its ban on booze sales to do so.

But is it just a matter of time?

The evolution of Tennesseans’ views about alcohol have been in process for years. Yet it is now stunning to remember that a little over a century ago, an ardent “Dry” politician and journalist, U.S. Senator Edward Ward Carmack, the editor of THE NASHVILLE TENNESSEAN was shot dead in the street in downtown Nashville over his ardent prohibitionist views. “Wet versus Dry” defined Tennessee politics in those days.

Now a statue of Carmack adorns the State Capitol right over a tunnel named for a late scion of a prominent Tennessee family which made its money in the whiskey business. And most folks either don’t know or care about that juxtaposition that would have seemed impossible some years back.

Will we feel that way in the future about some of the hot button issues that so divide us today?

INSIDE POLITICS WRAPS UP THE 110TH GENERAL ASSEMBLY

The 110th Tennessee General Assembly is done.

Lawmakers adjourned “sine die” late Wednesday.

What is the legacy of this second session (year)of the Legislature which is also Governor Bill Haslam’s last.

We’ve asked Debra Maggart of the CivicPoint, LLC government relations firm and Joel Ebert of THE TENNESEAN to join us to share their thoughts on the subject.

I hope you will tune in.

INSIDE POLITICS airs several times each weekend on NEWSCHANNEL5 PLUS. Those times include:

7:00 p.m. Friday;

5:00 a.m., 3:00 p.m. and 5:30 p.m. Saturday;

1:30 a.m. & 5:00 a.m. on Sunday.

THE PLUS is on Comcast Cable channel 250, Charter Cable channel 182 and on NEWSCHANNEL5’s over-the-air digital channel 5.2.

One option for those who can’t see the show locally or who are out of town, you can watch it live with streaming video on NEWSCHANNEL5.com. Just use your TiVo or DVR, if those live times don't work for you.

This week’s show and previous INSIDE POLITICS interviews are also posted on the NEWSCHANNEL5 website for your viewing under the NEWSCHANNEL5 PLUS section. A link to the show is posted as well on the Facebook page of NEWSCHANNEL5 PLUS. Each new show and link are posted the week after the program airs.

VICE PRESIDENT MIKE PENCE TO THE RESCUE

Joining his boss, President Donald Trump, Vice President Mike Pence has endorsed Congressman Marsha Blackburn to be the next U.S. Senator from Tennessee. Pence’s political PAC had already contributed to her campaign.

This endorsement effort was started a couple of weeks ago by Blackburn’s colleague, GOP gubernatorial candidate Congressman Diane Black. For the most part this effort has worked well for Blackburn, except for the endorsement she’s gotten from the person she plans to succeed, retiring Tennessee U.S. Senator Bob Corker.

Yes, Corker has said in several media interviews, he is supporting Blackburn and has given her the maximum financial contribution allowed by the law. But then Corker adds he does not plan to campaign for Blackburn or against his good friend, likely Democratic Senate candidate Phil Bredesen. Corker also mentions what a “good job” Bredesen has done as both mayor of Nashville and governor of Tennessee along with being a successful businessman. Finally, Corker has added the comment that Bredesen has ”crossover appeal” to Republicans.

All this “endorsement” by Senator Corker has gotten so much media coverage, GOP Senate Majority Leader Mitch McConnell told him to knock it off. But early this past week, in a CNN interview Corker repeated his Blackburn endorsement without even mentioning her name…. https://www.cnn.com/2018/04/22/politics/bob-corker-marsha-blackburn/index.html

Maybe Vice President Pence made his endorsement of Blackburn to try and change the subject back to her and edge Corker more to the media sidelines. Also makes you wonder if Corker’s comments about Bredesen will be resurrected in a TV ad for the Democrat later in the campaign.

I am aware of a couple of new Senate polls that surfaced this week. One is from the Mason-Dixon polling firm. Its shows Phil Bredesen with a narrow three- point advantage over Marsha Blackburn 46% to 43% with 11% undecided. The difference is within the margin of error for the poll (plus or minus 4%).

No doubt these results make Blackburn and her supporters feel better after an earlier poll released by MTSU showed Bredesen up by 10. You can’t really tell anything from one poll. But the Mason Dixon numbers are more in line with the results of several previous polls.

Or are they?

I am aware of another poll taken earlier this month (April 9-11) by the Garin Hart Yang Research Group out of Washington. It works for the Bredesen campaign. Their survey of 601 likely general election voters found Bredesen with 51% support to Blackburn’s 41% leaving 8% undecided. The poll includes 44% of those surveyed as self-identified Republicans and only 31% Democrats (the rest 23%, are Independents or not identified).

That means, says the pollsters, that Bredesen has a double- digit advantage and is above the 50% majority mark in support (which he wasn’t in the MTSU poll). As for the seemingly low undecided number (8%), the poll’s analysis memo claims it is due to the polarization of American politics these days and therefore voters are more settled in their candidate choices. In fact, the poll claims 91% of both Bredesen and Blackburn voters say they are committed in their support.

After having apparently weathered a potential hacking incident a few weeks ago, the Bredesen team has also unveiled a new campaign web site. It has the usual campaign information and it seems to be searching for Tennesseans to tell their stories of how hyper-partisanship in Washington has hurt them and their families.

You can visit the new web site here. https://www.bredesen.com/

In terms of endorsements or helping other elected officials get elected or re-elected, Governor Bill Haslam knows he has a tough job being Chairman of the National Republican Governors Conference. Here he is in a FOX News interview this week where he explains how he “inherited” the job again this year. Also listen to his responses about Marsha Blackburn, governors becoming Senators and about the GOP holding on to governors’ chair all over the country (including here in Tennessee) in a mid-term election cycle with Republicans in control of the White House…. https://youtu.be/VoXrvv4vyeM

Late in the week, Congressman Blackburn again raised the issue of conservative speech being censured on line, citing her own campaign’s announcement video being docked by Twitter a few months back when she entered the Senate race… https://www.tennessean.com/story/news/politics/2018/04/26/rep-marsha-blackburn-warns-social-media-censoring-conservative-speech/551572002/