Metro sues state over downsizing the council
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Mayor John Cooper's administration punched back Monday against a new state law that slashes the size of the Metro Council in half, filing a lawsuit to block the measure from taking effect.
Why it matters: The city's top lawyer, Wally Dietz, says Metro's relationship with the state is at "an inflection point." The lawsuit is the most important piece of litigation in the nearly 60-year history of Metro, he says.
- City leaders say the fate of the lawsuit will determine Metro's ability to govern itself under the constitution and not serve as a political plaything of the Republican supermajority in the Tennessee General Assembly.
The intrigue: Dietz says Metro didn't want to sue. He says the city pushed lawmakers to add an amendment to the legislation that would have given Davidson County voters the ability to endorse a smaller council. Since they didn't, the city was left with no other option, he says.
Details: Metro argues in its lawsuit that the law is unconstitutional because it violates the longstanding "home rule" provision, which says the legislature can't single out one local government when it passes legislation.
Catch up quick: Republican lawmakers began pursuing a bill to shrink the council after city leaders rejected a proposal for Nashville to host the Republican National Convention in 2024.
- Gov. Bill Lee signed the bill into law last week, mere minutes after the Senate approved it.
The law gives Metro two options: draw new council districts by May or have its current council members' terms extended by one year. At that point, there would be a special election to choose new members of the 20-member body, and those new members' first term would be for three years.
- The state constitution requires that local legislative bodies have elections every four years, according to Metro's lawsuit.
The other side: The Tennessee Attorney General's Office is aware of the lawsuit and ready to defend the law, a spokesperson tells Axios.
Dietz reiterated his contention that there isn't enough time to draw new districts before May. When the city went through its once-per-decade redistricting last year, it took months for the Planning Department staffers to draw new boundaries, collect community feedback and submit their proposal to the council for approval.
- It will also take time for the Election Commission to alert voters of their new districts and work with Metro Council candidates on their qualifying petitions.
- With about 40 candidates already filing paperwork to run for the current 40-member council, the Aug. 3 election is well underway, Dietz says.
- The Nashville Scene reported last week that planning staffers will begin the work of drawing new lines. An informational Metro Council meeting is scheduled for Thursday.
Of note: Dietz says the city is concerned about maintaining minority representation on the council. When Metro was approved by voters 60 years ago, a larger council with 40 members was put in place to ensure Black residents were represented.
- It takes time, Dietz says, to be certain new districts provide fair representation.
- With 11 minority members currently, Dietz says the council reflects the diversity of the community.
Yes, but: The state court system favors the Republican-led government. Metro sued in local Chancery Court, but the legislature has changed how those lawsuits are heard. Instead of a Democratic judge from Nashville hearing the case, the state Supreme Court will install a three-judge panel to hear Metro's claim.
- The Supreme Court is currently composed of four justices appointed by Republican governors and one appointed by a Democrat.
Just last year, the Supreme Court allowed Lee's school voucher law to take effect despite home rule claims from the city government. Dietz says that lawsuit was decided on technical grounds, adding that all five justices agreed that the home rule clause is still the law of the land.