Categories
Food & Wine Food & Drink

New Kid on the Block

Twenty-six-year-old Reinaldo Alfonso, who recently replaced the celebrated chef Jose Gutierrez at The Peabody’s grand eatery Chez Philippe, grew up in a busy Cuban kitchen in Miami. It was a flavorful world that revolved around good food and frequent family get-togethers. Inspired by the women in his life, his grandmother and mother, and “the whole Latin community,” he became fascinated with kitchen life and the special relationships that form over cutting boards and boiling pots. Every major event (and most of the minor ones) in the young chef’s life revolved around food.

“The family got together all the time, and we would cook and eat all day,” he says, allowing that Sunday feasts were particularly memorable.

“We always had rice and beans, tostones [fried plantains], vacca frita, which is different kinds of shredded beef, or maybe a chicken fricassee,” Alfonso says. “But no matter what we had, the table was never set until there was a good bottle of wine and lots of Cuban bread on the table. The wine and the bread, that was my dad’s thing. There had to be lots of bread for him to soak up all of the juices with.”

When he was 8 years old, the budding cook sat down beside his grandmother who was turning stale bread into pudding. He asked if he could help.

“She did the cutting. I did all the mixing and all the other messy work that kids love,” Alfonso says of his first kitchen duties. At 14, he took a job in a Spanish restaurant in Miami, washing dishes, mopping floors, peeling potatoes, and taking careful note of how the food was prepared.

“I started early, and I’m glad that I did,” Alfonso says, holding up his hands as if to say “look where it got me.”

The journey from his grandmother’s kitchen to the revered galley of Chez Philippe wasn’t terribly long. Alfonso’s commitment to fine dining and his desire to learn took him from Florida to New York and from the tutelage of one great chef to another. Although you can still hear Havana in his voice, Alfonso’s food took on a decidedly French accent.

“My food is 95 percent French, and my presentations are French,” he says. “But I use a lot of Asian ingredients — Vietnamese, Korean, Japanese, and even Indian — to heighten the flavor. I try to blend a little bit of everything I’ve learned, but I focus on simplicity and try to highlight ingredients for what they are. People are starting to realize that you don’t need to mess with food too much. They are coming back to the classics because the classic way of preparing food has been lost in the last few years.”

Alfonso likes simple pleasures. He likes to buy a pack of mini-Oreos, pour them in a bowl of milk, and eat them like cereal. He loves to fish and to scuba dive. There was even a time when his love for the water led him to consider a career as a marine biologist.

“I love fish. I love seafood. And I’m really happy about flying in the best, freshest seafood from all over the world,” Alfonso says. “Everything has to be extremely fresh and extremely well-done. I’m a stickler for details.”

At present he’s most excited about the yellowtail tuna — a buttery, fat-laden fish he’s shipping fresh daily from Japan. But that’s only the beginning.

“I will be using sea urchin soon,” Alfonso says. “I’m doing things slowly. I can’t bring out certain ingredients that might scare people off right away.”

With sweet and spicy appetizers like the “Lobster Cigar” (a spring roll stuffed with Maine lobster and daikon radish with Thai chili sauce) and entrées like roasted wild striped bass with peekytoe crab and leek ragout, Chez Philippe’s new menu already smells like a fresh ocean breeze. Steaks, ribs, and a miso-brazed lamb shank with cauliflower couscous and haricot verts (green beans) ensure that meat lovers won’t be disappointed either.

Chez Philippe’s desserts include ginger, pistachio, and star anise crème brûlée, an apple tart, and a banana spring roll with a heart of peanut and chocolate, as well as a variety of homemade ice creams.

“Over the past four years I’ve turned down several positions because I didn’t feel like I was ready for them,” says the young chef. “But this time it was different. This time there were more people motivating me to do this. There’s a little bit of weight on my shoulders, but I’m confident in what I do.”

Chez Philippe in The Peabody (529-4188)

davis@memphisflyer.com

Categories
Food & Wine Food & Drink

Full of Beans

If restaurant openings were a disease, the number of new Mexican restaurants downtown and Midtown might be considered an epidemic.

The Complex is chiefly known as a bar and live-music venue, featuring the city’s hippest alternative acts. But it’s also the site of El Pollo Grille and Mexican Cantina. Bert Jamboa opened the Complex three and a half years ago and since then has worked on adding a kitchen. Although he says that the restaurant is still a work-in-progress, it’s open and serving standard Mexican fare — burritos, tacos, enchiladas, and the like — as well as all-American and all-Mexican breakfasts, which means you can get your short stack or L.A.-style huevos rancheros. The restaurant is open daily from 7 a.m. to 5 p.m.

El Pollo Grille and Mexican Cantina, 704 Madison (692-9211)

Another hidden treasure can be found inside the Comfort Inn on Front Street. Sgt. Jalapeno’s Tortilla Factory Co. is a Tex-Mex family affair. Melissa and Victor Ortiz opened the restaurant in mid-December, temporarily abandoning Ortiz Tortilla Company, their Southaven restaurant.

“We are still making our own tortillas. We only closed the restaurant in Southaven temporarily,” says Victor.

It’s not just homemade tortillas at Sgt. Jalapeno’s. It’s homemade everything. The Ortizes moved here from Brownsville, Texas, where they operated Zelda’s Bakery, which specialized in Mexican pastries. When they came to the Memphis area in 1999, they brought along the flavors of South Texas and their concept of “food fast fare.”

Food fast fare? It’s hard to explain but mouth-watering nonetheless. Try Sgt. Jalapeno’s smothered burrito, a 12-inch flour tortilla filled with Spanish rice, lettuce, tomatoes, your choice of meat, smothered with red sauce and topped with olives. It’s yours for $7.95.

The restaurant is open 11 a.m. to 9 p.m. Monday through Thursday and 11 a.m. to 10 p.m. Friday and Saturday.

Sgt. Jalapeno’s Tortilla Factory Co., 100 N. Front St. (526-0583)

Transplanting a little patch of their Mexican hometown of Guadalajara to Memphis is what Andreas Flores Jr. and his dad had in mind when they opened Quinto Patio on Beale Street across from the New Daisy Theatre. The restaurant serves traditional Mexican food for lunch and dinner, as well as Italian standards — a holdover from the restaurant’s former tenant, New York Pizza. A full bar will be available once the liquor license is in place, and a patio for outdoor seating is in the works as well.

The restaurant is open 11 a.m. to 10 p.m. Monday through Thursday and 11 a.m. to 3 a.m. Friday and Saturday.

Quinto Patio, 345 Beale St. (523-7288)

Rio Loco’s opened last week in the old Buckley’s space about a block west of The Peabody. You can try their jumbo lime margarita for $6 during happy hour from 4 p.m. until 7 p.m. Or you can stop by for one of the daily lunch specials and get a demi-margarita, the jumbo lime’s little brother, which costs only $3.

Rio Loco’s is open 11 a.m. to 10 p.m. Sunday through Thursday and until 10:30 p.m. Friday and Saturday.

Rio Loco’s, 117 Union (523-2142)

Also opening: Las Margaritas Mexican Bar and Grille next week inside America’s Best Inns & Suites at 1837 Union; Garcia Wells Southwestern Grill in Overton Square this month; Happy Mexican Restaurante & Cantina next month at 385 S. Second St.; and Qdoba Mexican Grill at Poplar and Holmes in April.

Categories
Film Features Film/TV

Double Fault

Woody Allen has always struggled with a desire to write high drama. I say struggled because as an artist he is inarguably more successful, not to mention universally recognized, as a comedian. His own life has taken its tragic turns, and Allen has been successful with dramatic films such as Crimes & Misdemeanors, a work that bears no little resemblance to his newest, Match Point. In the former film, however, Allen was present as the comic relief, while in his new work the tone hews closer to Crime & Punishment. The strain of a full-on tragedy results in a film that is ambitious and enjoyable, if ultimately flawed.

The protagonist of Match Point is Chris Wilton (Jonathan Rhys-Meyers), a former tennis pro who has come to London to try and make his way. He takes a job as a tennis instructor and, between backhands, befriends one of his pupils, a wealthy society lad named Tom Hewett (Matthew Goode). Chris is soon introduced to the whole Hewett clan, begins dating Tom’s sister Chloe (Emily Mortimer), and seems to be on his way to ingratiating himself into the good life. The catch: Tom’s bombshell fiancée, a struggling American actress named Nola played by successful American actress Scarlett Johansson.

I have to stop here and say a word about the acting in this film. I don’t know if Allen was trying out some kind of self-reflexive gag here, casting Johansson as a sexy American who can’t act to save her life, but despite my best efforts to focus on her attributes, her performance is downright miserable. Rhys-Meyers is not much better, while all the Brits and supporting characters do an outstanding job. (Note to Allen: Please, please get a better casting director!)

Nola and Tom break up, Chris and Chloe get married, and then, in a spot of bad luck, Chris and Nola meet again, rekindling his irrepressible lust for her. The film is best here, playing back and forth across the affair and marriage, intertwining British society humor with the domestic sphere that Allen has always captured so well.

The problem is that Allen goes too far. If he wants to write a tragedy without paying lip service to his comic past, fine with me. Here, though, that desire overrides Allen’s attention as a director. Chris is supposed to be a charming character, but Allen only shows him as a moody schemer. Many of the conversations between Chris and Nola sound less like dialogue than recitations of character motivations, the sort of from-the-heart claptrap that Allen should never let himself write.

Despite its flaws, I did enjoy Match Point. The tension builds palpably until you find yourself squirming for a way out. The film ends with a bit of finesse, and Allen’s philosophical musing on the role that luck plays in life doesn’t feel heavy-handed. With a better cast and sprinkle of levity, this could have been a brillant film. As it stands, I would say Allen has hit this one just out of bounds.

Match Point

Now playing

Categories
Film Features Film/TV

Overlooked actress brings Something New.

Consider this a paean to Sanaa Lathan, one of my major pleasures from minor movies over the past few years. I first noticed Lathan in a small role in the ensemble comedy The Best Man and later fell for her as the co-star of Love & Basketball (opposite Omar Epps) and Brown Sugar (opposite Taye Diggs). Lathan drew some good notices for these movies, but they didn’t make her a star. Part of this was because these were modest movies aimed at an audience — middle- to upper-middle-class African Americans — that doesn’t get much attention in the culture. But another reason is that Lathan’s performances were so modest.

For the kinds of mass-release Hollywood comedies Lathan has appeared in, her performances are remarkably restrained and naturalistic, which matches a physical beauty that’s radiant yet somehow humble. She seems so normal, so likable, so perfect for her Love & Basketball and Brown Sugar roles of longtime best friend turned belated love interest. Lathan deserves to be a star, and she could move a little bit closer with Something New, which gives her a clear-cut starring role for the first time.

A script-flip on the Guess Who’s Coming to Dinner conceit, Something New is a gentle comedy about the difficulties of interracial romance, far less strident and corny than its predecessor. Where Guess Who’s Coming to Dinner focused on the parents of a young white woman who brought home a black fiancé, essentially guiding a hesitant white audience to acceptance of the concept, Something New privileges the concerns of its black characters, and thus its African-American audience.

But another difference is that Something New isn’t just about the parents: Lathan’s Kenya is a young woman whose success on the job (she’s an accountant competing for partner at a Los Angeles firm) isn’t matched by her stalled love life. She commiserates with a group of friends who are also highly educated, highly successful African-American women — a banker, a judge, a pediatrician — about how their demographic group is the least likely to get married. Maybe because their standards are too demanding.

Kenya’s conception of what she wants gets thrown for a loop when a co-worker sets her up on a blind date with Brian, a landscape architect (Simon Baker) who just happens to be white. Kenya has never considered dating a white man and has as many issues to work though as her friends and family. (Her young brother teases her with a series of euphemisms for dating a white guy: “skiing the slopes,” “sleeping with the enemy,” “moving to the O.C.”) Not understanding her hesitancy to commit to a relationship clearly full of spark, Brian thinks he’s color-blind, but as Kenya — and the movie — makes plain, Brian has racial issues he doesn’t even recognize.

The relationship arc of this modern-day “women’s picture” is familiar, but the getting there is surprisingly satisfying. It’s helped along by a couple of qualities that differentiate Something New from Lathan’s previous films. First-time director Sanaa Hamri and cinematographer Shane Hurlbut lend the movie a tone and look (check the Crenshaw street scenes and almost documentary visit to a black society party) far removed from the sitcom-y feel most low-profile Hollywood comedies have. And though Something New addresses an underrepresented audience, it doesn’t pander to it. This is unusual and fresh, just like the actress who carries the film.

Something New

Opens Friday, February 3rd

Categories
Opinion The Last Word

The Rant

And, perhaps most ludicrous of all, why they publish or broadcast e-mails and blogs from anyone out there who is among the millions of lemmings with an opinion about the matter. Oops. I think I just described my own column! It’s like the American jury system. Just as anyone who chooses to do so can now post an opinion on the Internet via their blog, almost anyone can be called for jury duty and decide the fate of someone on trial. Yes, even that person with the Confederate flag and gun-rack in the back window of his pickup truck who has to be told not to dip any Skoal in the courtroom. You bet. That person could be deciding your fate — whether you are guilty or innocent — as you are judged by a jury of your “peers.” What crackhead came up with this scheme? Here’s something even scarier: I recently awoke in the middle of the night with the television on, and there was some kind of show where people phoned in and were asked by the hosts if they were part of the Lachanlach family. I couldn’t see what was going on because I wasn’t wearing my glasses and there was a kitten on my face, but the people kept saying that, yes, they were part of that family and had been for years. I kept thinking, well, unless you married in, would you not have been a member of that family since birth? And they kept talking about food-storage containers, so I figured it was some bizarre Scottish clan whose lives revolved around Tupperware, for reasons I didn’t even want to know. But when the kitten lunged to attack the nearest upholstered chair, I finally was able to focus on the television. It seems I had rolled over on the remote control and was watching, I honestly believe for the first time, the QVC channel. The people calling in were actually part of the “Lock and Lock family,” Lock and Lock being a special kind of plastic food-storage “system” that doesn’t require “burping” the containers. The hosts, whose physical appearance defies description, were filling the containers with cotton candy and submerging them in water to show they were waterproof and then grabbing the cotton candy back out of the containers and eating it like they had been starved for days. And people were calling in like crazy, almost crying about how happy they were to be a part of this “family.” Now. If you were on trial for something in a court of law, do you really think it would be fair to have someone from the Lock and Lock family deliberating your guilt or innocence, when you know they just want to get the hell back home and store some food? But I digress. I suppose this all came to me while thinking about Enron’s Ken Lay going on trial and hoping that he doesn’t get off because some Lock and Lock family members are on the jury and the prosecutors just can’t get them to fully understand his crime. Back to the topic of media obsession, now that there aren’t any more miners trapped for the time being: Every time I flip on the news there seems to be a serious “news report” about James Frey and his book A Million Little Pieces. I Googled that sucker and came up with more than 46 MILLION hits. I assume the national obsession has something to do with the fact that he apparently duped and embarrassed the great and mighty Oprah, thereby knocking her down a couple of inches off her God-complex soapbox. And the masses are now whining that it was a personal attack on those who read the book and believed all of it to be true. They’ll never be able to trust a work of nonfiction or a memoir again! Their worlds are ruined! Recovering drug addicts are racing back to the crack dealer! Well, would someone please tell them to GET A LIFE! It was a book. But you just better be careful about what you read on this page from now on. When I say I don’t like Dick Cheney and that he is an old sourpuss, what I really mean is that he is a charming, caring, always-smiling, cheerful man who you can trust with all of your being. Just like the cotton candy in your Lock and Lock.

Categories
Politics Politics Feature

GOP SENATE FORUM: ‘ALL HAVE WON, AND ALL MUST HAVE PRIZES’

The first joint meeting of Republican U.S. Senate candidates is in the can, after Tuesday night’s forum at Mid-America Seminary in Germantown. Considering that the event virtually had to compete with President Bush’s State of the Union address, which immediately followed it, the turnout was considerable.

What attendees got from the three candidates on hand – former congressmen Ed Bryant and Van Hilleary and political newcomer Jeff Moder – was less a debate than a brief sampling of each candidate’s persona and positions. What they didn’t get was Chattanooga mayor Bob Corker, the acknowledged moderate in a race that otherwise is wall-to-wall conservative.

Corker was in Washington – as a press release of his put it, attending the State of the Union; as his opponents put it, avoiding Tuesday night’s debate and soliciting more money to fill out his already top-heavy war chest.

Corker’s absence drew fire from all three participating candidates at the forum – with Hilleary offering sarcastic congratulations to Moder and Bryant for “showing up,” while Bryant chided the absent Corker for his fund-raising activities in D.C. and challenged him to start appearing in joint formats. (One such, involving not only Corker but Democrats Harold Ford Jr. and Rosalind Kurita, is scheduled for Nashville next week.) Even the event moderator, Jonathan Lindbergh of the conservative publication Main Street Journal, made a point of asking the audience to note “who felt it important to be here and who did not.”

On the money score, relative unknown Moder, whose fundraising is so far negligible, jested that Corker “has more money than me.” What the Chattanooga mayor has, according to the latest financial disclosure reports, is some $4.74 million, well above the amount on hand for any other candidate. By comparison, Bryant has raised $1,416,000 and Hilleary $1.407,000.

Though both Bryant and Hilleary acknowledge privately that the presence of the other in the race is a threat to split the conservative vote and maximize Corker’s chances, each said Tuesday night that he could win even if the field stayed exactly as it is. “There’s more than adequate vote out there for a conservative to win,” said Bryant, who vowed he would never drop out and said he enjoyed the “energy and excitement” of a multi-candidate race. Similarly, Hilleary said there was “enough conservative vote to go around.” Both Hilleary and Bryant cited the importance of nominating someone with enough appeal to counter potential Democratic nominee Ford

An intriguing feature of the forum – and a possible measure of the changed political climate — was that each of the three Republicans on hand found it necessary to put some distance between himself and his party. Answering a question about social/moral issues, Hilleary said voters motivated by those concerns might have experienced “a bait-and-switch” in Washington after the presidential election of 2004. “I don’t recognize some of the Republican Party I see in Washington right now,” he said. Bryant, who, like Corker, made an issue of curtailing illegal immigration, said, “I think we have Republicans in Washington who would like, down the road, to see amnesty as a program,” and deplored the “message” that would send. Moder said there was a Republican majority in both houses of Congress but not a “conservative majority. He said he represented a “grass roots movement” to do something about that. All three candidates made statements deploring the current Abramoff scandal.

On specific issues, the three candidates found themselves in general agreement – all espousing right-to-life opinions on abortion and a desire to roll back Roe v. Wade; all expressing general approval of President Bush’s recently publicized domestic wiretapping activities, which they perceived as operating in the clear interests of national security (“listening to Ahmed talking to Mohanmmed,” as Hilleary put it), and all supporting the president’s wish to revive the debate on private accounts for Social Security. (Hilleary did acknowledge, however, that there was “no immediate crisis” and that the proposal might be “an idea whose time has not yet come.”)

Both Bryant and Hilleary, when asked about the lobbying activities each undertook after leaving the House to make unsuccessful statewide races in 2002, said they had observed all proprieties in doing so and had, in any case, ceased to function as lobbyists. As is his custom, Bryant made much of his desire to join the Senate Judiciary Committee so as to counter potential judicial attacks on “our 2nd Amendment rights” and other liberties. Hilleary, like the others, criticized porkbarrel spending but declined to condemn all budget “earmarks,” noting ongoing efforts to shore up Tennessee’s National Guard component in Congress.

On the whole, the debate results amounted to a case of All Have Won and All Must Have Prizes. Bryant, a native West Tennessean who seemed to have more supporters on hand, maintained the serious but easy-going demeanor that is his trademark; Hilleary, who has a greater reputation for oratorical skill, generated somewhat more applause at key points of his responses; and Moder, the previous unknown, seemed to make a favorable impression on the crowd with his sometimes self-deprecating quips.

For that matter, even Corker, despite the attacks on his absence, probably saw little change in his overall status – though there was much speculation by audience members later on as to how the Chattanoogan might do in future common appearances with Bryant and Hilleary.

Categories
Politics Politics Feature

MAD AS HELL: The New Look of “Freedom”






New Page 1

“I will never relent in defending America, whatever it
takes.”
  – George Bush

“Whatever It Takes”is the new Bush rule of law. Get used to
it.  It’s the only law in our Brave New World. No other laws are necessary. 
It’s short and simple:  I will do whatever I damn well please, and you damn well
better like it.  If you don’t, you are an unpatriotic obstructionist who is an
enemy of America and of course, an enemy of God.

Tuesday night, we watched the law get put into action.
Cindy Sheehan was invited to listen to the State of the Union address by a
member of Congress from her home state of California. She accepted the
invitation, showed her required ticket, and was escorted to her seat.  In the
Brave New World, getting familiar with the new law is sometimes confusing. When
it comes to attire, one must choose carefully and wisely.  Cindy had chosen
poorly. She was wearing a black T-shirt with the big white numbers, 2,242 that
reflected the number of the dead soldiers in Iraq on it. At that moment, our
country was so threatened and so under attack it had to be defended! So Cindy
got Whatever It Takes. She was removed by force, handcuffed, booked, and put in
jail.  If only someone had told her freedom is on the march.

In our Brave New World, we’re not scared, because we’re
free.

We’re free to have our phone conversations wiretapped.

We’re free to have our e-mails read and examined.

We’re free to have our library and book purchasing records
tracked.

We’re free to have our bodies searched any time, any place,
for any reason.                    

We’re free to have our religious services monitored.

We’re free to be put in a cage indefinitely without a
trial.

We’re free to be locked up without being charged or being
able to confront witnesses against us.

We’re free to be tortured.

We’re free to have our homes searched and possessions
seized without probable cause.

We’re free to be watched and recorded by public
surveillance cameras  every second of every day.

And the
freedoms just keep on coming.  But in the Brave New World, with its singular
rule of law, unless  federal Storm Troopers knock down the doors of your home
and drag you off to the gulags, hell –  you’re free!  With liberty and justice
for all, George W. Bush and a Republican-controlled government will make sure
every  American will eventually get Whatever It Takes.

Categories
News The Fly-By

FORD FILES

After careful and considered study, the Fly Team has determined that current investigations into the mysterious circumstances surrounding the District 29 state Senate election between apparent victor Ophelia Ford and apparent loser Terry Roland are deeply flawed and very likely counterproductive. The current process hinges on an unfair assumption: When the dead appear to vote, fraud is apparent. This precludes the simpler, and therefore more likely explanation, that, in some circumstances, the dead might take an interest in the electoral process.

Last week, a local art enthusiast whose collection includes work by late folk artist Joe Light — one of the “dead voters” — contacted Fly on the Wall. Our contact claimed the name “Ford” appeared in one of Light’s paintings just as the Virgin Mary might appear on a toasted muffin. Our investigation of the phenomenon yielded no conclusive result, but several eyewitnesses swear they saw the name Ford appear in the following painting, as well as in color reproductions and photocopies.

Submitted as evidence on 2/1/06:

(Ability to see the miracle may depend on political affiliation and party loyalty.)

Categories
News

SENATE MAY VOTE ON DISTRICT 29 ISSUE, DESPITE ‘DECLARATORY JUDGMENT’

Here comes the judge: Now what did she say? Apparently something disappointing to the ears of challenged state Senator Ophelia Ford. But there’s a catch or two that may be reassuring to the beleaguered Democrat.

A fully parsed, definitive answer will surely come soon from the relative horde of lawyers who began going over Judge Bernice Donald’s somewhat perplexing ruling on the disputed District 29 state Senate seat just after 3 p.m. Wednesday when Donald emailed copies of it to the various contending parties.

But State Attorney General Paul G. Summers, for one, seemed sure that the ruling represented a victory for those (including, formally, the state of Tennessee) who wanted to validate the potential voiding of state Senator Opehlia Ford’s election. Said Summers: “The motion clears the way for the State Senate to void or affirm Sen. Ford’s election….Our argument that the court should let the Senate be the Senate was well founded. The court has rendered advice about how the Senate might proceed. I am studying the 31 page opinion thoroughly
before I advise the Senate leaders as to the procedure to be used in the
election contest.”

What that means is that, though Judge Donald may have given half a loaf to each of the principal parties, the challengers to Democrat Ophelia Ford’s election as well as her defenders, only the half given to her opponents seems readily edible.

Highly uncertain is the effect of Donald’s grant of “declaratory relief” to Ford in her effort to forestall a final Senate vote voiding her election. More immediately relevant is Donald’s denial of the “injunctive relief” Ford also sought.

Donald’s lift of her temporary injunction of two weeks ago means that the state Senate may proceed to vote Ford’s tenure (provisional to this point) up or down. The ruling also asks the Senate, in judging, to employ voting standards that are “uniform’ throughout Tennessee.

A key part of her ruling calls for ground rules that, Ford’s partisans say, ultimately favor her:

“The Senate must apply uniform, non-arbitrary, objective standards for determining and defining a legal vote. Such standard must be applied uniformly across each of Tennessee’s ninety-five (95) counties….

“Again, the Senate may not apply post-election standards to assess ballot validity that differ from pre-election standards. Voters whose right to vote is challenged must be afforded minimal, meaningful due process to include, notice and opportunity to be heard before they can be disenfranchised.

“The Senate, in its wisdom may vote to void an election, but only after it has developed and applied statewide uniform standards that govern which votes will be counted, practicable procedures to implement them, with an orderly mechanism for judicial review of disputed matters that may arise.”

Since Donald expressly disclaims “jurisdiction to decide an election dispute,” the bottom line would seem to be that the Senate, which she acknowledges to be “the final arbiter of the election contest,” can vote on the District 29 issue at its own risk, outlined above.

Acting as a “Committee of 33,” the Senate in special session voted 17-14 two weeks ago to void the special election of last fall, which saw Ford beat Republican Terry Roland by 13 votes; the body was prevented from finalizing that vote in regular session two days later because of the temporary injunction granted by Judge Donald at Ford’s request.

The new ruling, in response to arguments by all parties at a hearing last week, clears the air to the extent that it frees the Senate to vote, but Donald is explicit that the Senate cannot take into consideration the various challenges made by Roland and his legal team on the basis of voters’ addresses and the disputed manner by which some of them were signed in by registrars.

That leaves the number of recognized invalid votes – including those of deceased voters and felons — at 10, still three votes short of Ford’s 13-vote lead, but it is unclear what degree of legal restraint is incumbent upon the Senate, whose previous vote ipso facto declared the election as tainted.

The bottom line: Though various nuances remain to be sorted out, it would indeed appear that Judge Donald has conditionally licensed the Senate process to complete its vote to void the disputed election -– a fact which could bring the matter of an interim appointment to the Shelby County Commission next week in the event of a quick Senate vote.

But — and this is a very real “but” — the ruling establishes possible pitfalls that could open the way for further legal challenges.

David Cocke, Ford’s lawyer, had this to say: “I’m very happy with the decision. She has essentially told the Senate they must apply standards consistent with due process, and she has spelled these out. Unless they apply her criteria, any vote of the Senate’s will be invalid, and I’ll be back in her court the next day to contest it.”

Cocke said Donald’s use of the term “without prejudice” in denying Ford ‘s injunction means that the case can be reheard in her court at any time if her conditions are violated. As Cocke saw it further, Donald “essentially states that the Senate has no legitimate grounds for unseating Senator Ford.”

A Democratic member of the Senate, speaking for background Wednesday night, suggested that the terms of Donald’s declaratory judgment tie the hands of the Republican majority and that the Senate’s freedom to void the District 29 election would prove to be more theoretical than pragmatic.

“I’m a lawyer, and I can’t understand it,” the legislator said of Fonald’s ruling.

In any case, indications late Wednesday were that no vote would occur on Thursday, after all. And all parties would have the weekend to further digest Donald’s complex judgment.