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Money Matters

Tennessee lawmakers are making things harder on the poor and easier on the rich, and those old-timey class frictions are heating up in the rifts.

Republicans blame technical glitches and piles of red tape they created as obstacles to get millions of dollars to help low-income families here. Meanwhile, they cut taxes for the business class last year, plan to cut even more this year, and hope to free up more of everyone’s tax dollars to help everyone — no matter how much money they have — pay for private schools.

Gun violence dominated debate and headlines around the Tennessee General Assembly in 2023. Many vow to keep the issue in front of lawmakers in 2024. But if a school shooting in Nashville during last year’s regular session and an entire special session on gun violence last summer won’t move GOP lawmakers to act, rays of hope on the issue seem faint.

It’s way too early to predict what issue(s) may dominate discussions at the State Capitol in the coming weeks. But money seems an early leader, especially as news came late last year that once-hot state revenues are cooling thanks in large part to those 2023 GOP tax cuts.

Money matters have not seen center stage in Tennessee for awhile. The state’s budget has been pushed up and up in recent years with nary a cut in sight. That’s partly due to the new-ish ability to collect online sales taxes and a major surge in revenues from those business taxes in the past. But that won’t likely be the case this year.

Tennessee Gov. Bill Lee is expected to unveil his new budget for Tennessee on Monday, during the annual State of the State address. Projected revenues — how much money officials think we’ll have to spend in the next year — will likely flatten.

This could present some difficult decisions for lawmakers, especially some on the House side, who may have not yet dealt budget cuts. If cuts come, it will be especially interesting to see where the state’s GOP-dominated purse-string-holders will make them (especially since they made the cuts necessary). This could also likely flatten the state’s ability to fund any new initiatives. (Think of it like this, if you quit a job, you might not have the money to pay for your existing car and you damn sure can’t buy a new one.)

Budgets are more than numbers. Budgets are priorities. For a household, that could mean the difference in saving for college later or going on vacation now. For local governments, that could mean the difference in more police or better parks. With its tax cuts last year, the Tennessee GOP prioritized at least one thing: more long-term money in the bank for the state’s businesses.

Now, as money matters begin to creep into the state spotlight once again, some old, tense questions are rising. Who pays for the government? Who does the government work for? Who wins? Who struggles?

So many of these questions have root in Tennessee’s overarching economic development model. That is, basically, how do we organize our economy? How do we build it?

Republicans here love to tout Tennessee as one of the most “business-friendly” states in the union. But don’t just take their word for it. Yahoo! Finance put the state in its top 10 for business friendliness last year and MSNBC ranked it in the top 3, both using different methodologies.

Tennessee’s economy, like many other Southern states, works on the basic trickle-down theory that lower business taxes will attract more businesses, which will hire more people and create more wealth that will “trickle down” to the lower classes.

Except it doesn’t, according to a new report from the Economic Policy Institute (EPI). The high tide promised by this economic theory does not lift all boats, it said. For a more in-depth look at how this plays out in Tennessee and across the South, see below (Economic Policy Institute Report).

Here, we’ll look at some issues and opinions on money and class that might shape debates as the legislature heads back to Nashville.

The lowest 20 percent of earners in Tennessee spend 12.8 percent of their total annual household income on taxes. (Chart: Institute on Taxation and Economic Policy)

The poor and hungry

Back in 2019, The Beacon Center, a free market think tank in Nashville, discovered the Lee administration quietly sat on a stockpile of $730 million meant to help working poor families in Tennessee. For years, Tennessee got $190 million from the federal government to help these families get on their feet with monthly checks for childcare, transportation, and more.

Instead of finding ways to getting all of the money to needy families, Lee just did not. The initial discovery of the funds in 2019 led some on social media to decry Lee’s money management. Others saw GOP disdain for the poor.

“This is why [I march for universal basic income] today, because of villainous shit-holes like the governor of Tennessee who is hoarding $732 M in TANF [Temporary Assistance for Needy Families] money instead of spending it on reducing poverty,” reads a tweet from the time from Scott Santens, founder of the Income to Support All Foundation.

By 2021, the fund ballooned to nearly $800 million. Thanks to Beacon, a plan is now in place to spend that money down.

However, Lee’s plan puts a hurdle between those needy families and the money. Rather than go directly to families in need, the funds will in large part go to organizations or health departments that will give them temporary aid.

Lee administration officials said it has found a home for $717 million of the TANF reserve. But state Sen. Heidi Campbell (D-Nashville) wants more in the hands of actual needy families. Introduced last week, her bill would increase TANF payments to cover rising inflation costs each year.

Meanwhile, thousands of families in Tennessee have less literal food on the table thanks to Lee administration computer problems. Last summer the Tennessee Department of Human Services (TDHS) updated some computer software. A glitch in the system resulted in a backlog of benefits for 35,000 recipients of the federal Supplemental Nutrition Assistance Program (SNAP), sometimes called food stamps.

TDHS Commissioner Clarence Carter said his team hopes to have the backlog cleared by March. He also said he’s not dragging his feet, telling state lawmakers last week that his team has “an almost desperate sense of urgency to get this right.” Tennessee Lookout editor Holly McCall pointed out this “kicker” from their story on the matter: “DHS officials noted that the staff brought in to help are keenly aware of the importance of the work: some department staff rely on food stamps themselves.”

Who pays?

Tennessee has the third-most regressive tax system in the country, according to the seventh annual “Who Pays?” report from the Institute on Taxation and Economic Policy (ITEP). Regressive taxes are those paid equally by all, no matter how much money they make. These, of course, hit lower-income taxpayers the hardest.

In Tennessee, this means the lowest 20 percent of earners (those making less than $21,000 each year) spend 12.8 percent of their total annual household income on taxes. The top 1 percent (those making over $661,600 each year) spend just 3.8 percent of their total income on taxes here. The poorest pay more than three times as much as the wealthy.

“States such as Florida, Tennessee, and Texas are often described as ‘low tax’ due to their lack of personal income taxes,” reads the report. “While this characterization holds true for high-income families, these states levy some of the nation’s highest tax rates on the poor.”

State Senator London Lamar (Photo: Dawn Majors | US capitol)

A tale of two tax cuts

State Sen. London Lamar (D-Memphis) can go back to 2011 and rattle off a list of GOP-sponsored policies “that have truly benefited the wealthy and big corporations.” The repeal of the millionaire estate tax. The repeal of the luxury gift tax. A repeal of income tax on stocks and bonds. A reduction of the jet fuel tax. Corporate exemptions to the sales tax. Exemptions for corporate income taxes.

“Our tax policy is incentivizing businesses for keeping people poor,” Lamar said. “I say that because since 2011 and when the Republicans got in office, the main tax reform and benefits have truly benefited the wealthy and big corporations.

“So, the question is, where are the priorities for those citizens who are working the hardest to contribute to our economy?”

Well, the GOP cut taxes for working-class families just last year. Well, kinda sorta. And it wasn’t much. And it wasn’t forever. But …

Remember that odd, three-month cut on the state’s grocery tax last year? It was a $273 million part of the $400 million Tennessee Works Tax Act, “the largest single tax cut in Tennessee history.” It cut the 4 percent tax for everyone from August to October. Then, the tax went straight back onto receipts.

It was a head-scratcher to many and seemed a solution to a problem that didn’t exist (except, y’know, that Tennessee is one of only 13 states that still tax groceries). Why? Where did this cut come from? Even folks on Reddit couldn’t pin the motivation on some coarse design to win votes because there was no upcoming election.

But it was the remaining cuts in the Tax Act that smarted some working-class taxpayers. While they got a one-time deal that put about $100 in their pockets, the state’s business class got a permanent tax cut worth about $127 million that would put thousands of dollars in their bank accounts each and every year.

The Tax Act seemed to prove Lamar’s notion. Meaningful, permanent cuts for those with means; shallow, temporary cuts for everyone else. (Though, legislation has been filed for this year’s session to permanently cut Tennessee’s grocery tax.)

This might all come into sharper focus later, especially if revenues continue to fall. Because it’s lost revenues from those business tax cuts knocking multi-million-dollar holes in the state budget.

So, should lawmakers indeed need to make cuts to programs it offers Tennessee’s taxpayers, it won’t be because the majority of them got a brief respite from grocery taxes.

Chart: Economic Policy Institute

#VoucherScam

Capitol-watchers have said Lee’s controversial plan to expand his school voucher program could be the biggest fight in Nashville this year. Lee eventually wants to expand the program to every student for any kind of school — public, private, charter, or home.

But the program would allow the vouchers, worth about $7,075 per student each year, for all students, with no income requirements. This means wealthy parents — who now pay taxes for public schools and tuition at private schools — could divert funds from the public school system.

The fight over the legislation may prove to be another class battle that could heat up in Nashville this year. For proof, dig around X for #LeesVoucherScam.

“The voucher scam takes tax dollars from our neighborhood public schools to pay for the private school education of the wealthy,” tweeted Teri Mai, a Democratic candidate running for a House seat in Middle Tennessee. “Simply put, the school voucher scam defunds public schools by funneling your tax dollars to private and religious schools.”

Economic Policy Institute Report

Southern politicians tout the region’s “business-friendly” economic development policies, but a new study finds those policies are rooted in racism and have failed most people who live here.

The October study is from Washington, D.C.-based Economic Policy Institute (EPI), a nonpartisan think tank focused on “the needs of low-and-middle-income workers in economic policy discussions.” The study looks at job growth, wages, poverty, and state GDP. The data, EPI said, “show a grim reality.”

The group characterized the Southern economic development model as one with “low wages, low taxes, few regulations on businesses, few labor protections, a weak safety net, and vicious opposition to unions.”

The state of Tennessee basically agrees with this and shouts it in all caps (literally) on its website under the “business climate” section. 

“We believe in high expectations, low debt, and a pro-business regulatory environment,” reads the page from the Tennessee Department of Economic and Community Development. “Tennessee is proud to be a right-to-work state [also noting Tennessee’s low union participation] with no personal income tax. Our state and local tax burdens are among the lowest in the country, and our state budget operates with a healthy surplus, rather than a deficit.”

The EPI study said this does not work for everyone.

“While this economic model has garnered vast amounts of riches for the wealthiest people across the region, it is leaving most Southerners with low wages, underfunded public services, a weak safety net in times of economic downturns, deep racial divisions, and high rates of poverty,” said report author Chandra Childers, a senior policy and economic analyst for EPI’s Economic Analysis and Research Network. 

Here are a few key takeaways from the report:

• Job growth across the South has failed to keep up with population growth. The share of prime-age workers (ages 25–54) who have a job is lower than the national average in most Southern states.

• Workers in Southern states tend to have lower earnings. Median earnings in nine Southern states are among the lowest in the nation, even after adjusting for lower cost of living in the South.

• Poverty rates are above the national average in most Southern states. Louisiana and Mississippi have the highest poverty rates in the nation, with nearly one in five residents living in poverty.

• Child poverty is highest in the South compared to any other region. At 20.9 percent, child poverty rates in the South are 3.7 percentage points higher than the region with the next-highest child poverty rate — the Midwest (17.2 percent). 

• Southern states are among the lowest-GDP states. Nine of the 15 states with the lowest per-worker GDP are in the South.

The racist remnant of the Southern economic development model, according to EPI, is that business owners in the South continue to rely on “large pools of cheap labor,” particularly Black and brown people. The study points back to slavery in the South when Black people were not paid at all and then to Pullman porters who were “forced to rely on tips” after slavery ended. Now, incarcerated individuals can be required to work with no pay at all, the study said.

“The racist roots of this model have been obscured and have been replaced by a more acceptable ‘pro-business’ narrative,” reads the study. “The pro-business narrative suggests that low wages, low taxes, anti-union policies, a weak safety net, and limited regulation on businesses creates a rising tide that ‘lifts all boats.’”

Tennessee policies fit into this model, the study said, as the state has no minimum wage, no income tax, a high sales-tax burden for all residents, no expanded Medicaid program, a low per-worker GDP, and more.

Poverty is higher in Tennessee than in other parts of the country. This is especially true for people of color and particularly women of color, according to the data. The highest rates of poverty across the South are experienced by Black women. One in five lives in poverty, but it’s not due to an unwillingness to work, the study says. Black women have a higher employment-to-population (EPOP) ratio than women from any other racial or ethnic group in the South.   

“One reason Black women’s poverty rates remain high in the South — despite a relatively high EPOP — is that they are disproportionately employed in jobs consistent with the occupations they were largely limited to during and after the end of slavery: care work, cleaning, and food production, including agricultural and animal slaughter work,” reads the study. “Because this work is largely done by Black, brown, and immigrant workers, consistent with the Southern economic development model, these jobs pay very low wages.”

Wages are lower in Tennessee than in other parts of the country, and again it’s especially true for people of color and particularly women of color, according to the report. 

“On average, Black women in the South are paid $35,884 at the median and Hispanic women just $30,984, compared with $58,008 for white men,” reads the report.

If the Tennessee economic model is working like politicians claim, where does the money go? The study says it goes to the wealthiest Tennesseans. The top 20 percent richest Tennesseans share more than half (51 percent) of the state’s total income. The top 5 percent share 23 percent of the state’s aggregate income. The bottom 20 percent share just 3.4 percent.

“Many Southerners may believe their politician’s arguments that the Southern economic development model will deliver good, well-paying jobs,” reads the report. “However, the data presented here show clearly and emphatically that this model has failed those living in Southern states.” 

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Memphis In May Triathlon Owner Looks Back as Potential Sale Looms

Memphis-based PR Event Management is getting out of the triathlon business, as we reported earlier this month, in hopes of finding a buyer for the area’s biggest events — the Memphis In May Triathlon (MIM Tri) and Annie Oakley Buffalo Bill Triathlon (AOBB Tri).

The MIM Tri event turned 40 last year. There for most of that event’s history has been Pam Routh, triathlete and co-founder of PR Events. She and company co-founder Wyndell Robertson also serve as race directors for the events. 

In Olympic-length triathlons, participants swim for .93 of a mile, bike for 24.8 miles, and run for 6.2 miles. The sport was born in America and Memphis served as an important proving grounds for it early on, Routh says.

The race was once part of the Memphis In May International Festival (MIM), part of a sports weekend. The triathlon later broke out for its own weekend. The rights to the event (and its bike racks) were later sold to three Memphis triathletes for $5,000, Routh said, and are not part of MIM.  

Those athletes later tired of helming the event and offered it up in a group meeting of Memphis triathletes. Routh stepped forward, thinking the next morning, “Oh, how many beers did I drink?” 

But in her time running the MIM Tri, it has grown from 600 participants to 1,800, one that has attracted top pros in the sport because “we ran a tight race.” The event here also touted the biggest purse in the sport for years. 

The MIM Tri was one of the races that helped get the sport into the Olympics, Routh said, and helped train its race officials when it debuted in 2000 in Sydney Summer Games. Memphis was also a practice race for national officials to test drug-testing protocols.

We recently caught up with Routh about the sale. 

This interview has been condensed for space and clarity. — Toby Sells

Memphis Flyer: What was the special sauce that made The MIM Tri so successful here early on?

Pam Routh: Because every person involved was a triathlete and we knew our business. We also wanted to put on a race that we wanted to go to.

[Inviting those from out of town] was basically like inviting people to my neighborhood to enjoy my race course, and my festivities, and my fellowship. It’s a very warm community.

What about now?

Memphis is a great community. We have Elvis that runs in with the last finisher. We usually have barbecue. We have beer. We throw a throw down and we always have. 

It’s also always a very, very well-run race. All my triathletes and staff are just the best of the best. 

Any fun stories?

[Years ago], I’m out at the race site two weeks out at Edmund Orgill Park. This girl is in the parking lot. I show her my [race] brochure. She’s in cutoff jeans and smoking a cigarette. She says, “I might do this.” I was like oh yeah, girl? Uh huh. But I say, “we’d love to have you.”

[Later], I was cleaning up the hospitality tent. The race is over and everyone is gone. This woman walks up and says, “well, I just finished.” I said, “what did you just finish?” She said, “I just finished the race.”

Because I have such a good team, they were following her. She borrowed a bike. She rode in the MIM Tri without ever having trained in a pair of cutoffs and in a pair of deck shoes. 

[The Commercial Appeal] did an article on her. People gave her a pair of running shoes. She got a bicycle. She started training. I almost started crying.

Now you’re ready to pass the baton?

I’d love to keep this thing strong. I’d like to find somebody to adopt it. Is it a business sale? Yes. 

And I know that emotions get in the way when something’s 40 years old. But not many events can say that you really have something and we have a strong brand. We are blowing and going and I want to get people back into being healthy. 

I’d like to see the right person buy this. So, “pass the baton” is really that. I really want to pass it on and adopt this out. I don’t want to shut it down. 

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Memphis Welcomes Weather Channel Team With Car Break-In

Reporters from The Weather Channel were in Memphis for special coverage on the city’s snowfall and were welcomed with smashed car windows. 

Charles Peek, a reporter and photographer familiar to any Weather Channel watcher, said his car and others were broken into in their hotel’s parking lot. 

“Not really how I wanted to start my day in Memphis,” Peek wrote on Facebook

However, Peek said he’d taken drone footage of Jim Cantore, another Weather Channel favorite, and it was not stolen. 

Here’s that footage: 

The news came with an outpouring of sympathy from fans and colleagues all over the country. Some comments were funny (or tried to be) with jests like “welcome to Memphis!” But none of them painted Memphis in a great light. 

“So sorry to hear this happened to y’all,” wrote Joel Young, a meteorologist for Little Rock’s KARK TV station. “I love Memphis but I always feel like I’m looking over my shoulder there these days.”

Memphis weather fans know The DAMN Weather of Memphis (DWM) Facebook page. On Monday, he posted, “Jim Cantore and his team just landed in Memphis. DO NOT STEAL HIS CAR. Wait until Tuesday to do that.”

After Peek posted about the break-in, DWM posted, “I’m having the biggest facepalm right now. Apparently, I need to start predicting the weather and the future.”

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Gun Violence Debate Likely to Continue as Legislature Convenes This Week

Gun violence is still top of mind for a number of organizations as lawmakers from across the state convene in Nashville Tuesday for the next regular session of the Tennessee General Assembly.

In March, a shooter killed three children and three adults at Nashville’s Covenant School. Among the victims was a friend of Tennessee Gov. Bill Lee. Thousands began to show up at the Tennessee State Capitol Building to demand action gun violence from lawmakers. 

Lee later proposed a series of laws to keep guns out of the hands of those who could be a threat to themselves or others. None of his Republican colleagues picked up the bills. Instead, they quickly passed the state budget and fled back to their home districts. 

However, Lee brought them all back to Nashville in August for a special session. The meeting was to yield some sort of meaningful regulations to curb gun violence here. None came, really. Though one bill did cut the tax for gun locks and safes. Republicans, it seemed, had sidestepped the issue with no political damage done to their Second-Amendment stances.

However, at least two groups are not yet ready to let the gun-violence-debate fade as the GOP would like. 

Rise and Shine Tennessee, a nonprofit group created during last year’s rallies against gun violence last year, will bring children aged 5-10 to Nashville to tell their stories to the media. The children will speak Tuesday morning as legislators prepare for the first day of the new session.   

”It’s time to hear from the youth themselves about their desires and needs,” reads a statement from the group. “These youth are not pawns in a political game, but individuals impacted the most by inaction on gun safety.”

The group will return to Nashville Thursday with a group of high school students who have met with lawmakers, attended rallies, and sat in meetings of the legislature. 

Another group will convene at Legislative Plaza Tuesday to “address gun violence and safety while upholding gun rights.” The TN11 group is comprised of 11 Tennesseans “from all sides of the ideological and political aisle,” including a firearms instructor, a former state trooper, a teacher, and a Memphis college student and activist. 

”Gun violence is like a yarn ball — and not the kind that comes all rolled up and pretty — but the kind that is just everywhere,” reads a statement from the TN11 website from Memphis’ Jaila Hampton. “It’s so complex. There’s no overnight solution, and every day that we’re doing nothing, somebody is losing their life.”

This group used the online Citizens Solutions platform to help solve the divisive gun violence issue. Over the past few months, the group’s list of eight proposals on the matter were whittled down to five from more than 30,000 Tennesseans from all 95 counties. The group will present those proposals to lawmakers Tuesday.

The proposals include: 

• Temporary removal of firearms based on risk of violence

• Tools to support responsible gun ownership

• Expansion of the roles of School Resource Officers 

• Community investment to reduce trauma 

• Gun issue literacy resources for schools, communities, and media

Another group likely to continue to speak out against gun violence here is Moms Demand Action Tennessee (MDAT). Members of that group were ever present during the special session in August with some among those kicked out of a committee room by a GOP chairman. 

On Facebook Friday, MDAT posted a new ranking from the national Everytown for Gun Safety organization. Tennessee ranked 29th in the nation for gun law strength. The group said Tennessee had some of the weakest gun laws in the country with some of the highest rates of gun violence.

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Cannabis Flower Products At Risk With New TN Rules

Cannabis flower products could disappear from store shelves in Tennessee next year thanks to new state rules, a threat to businesses and consumers, advocates say. 

State lawmakers passed new laws this year to regulate the growing cannabis industry in Tennessee. Some of those rules went into effect in July. For example, cannabis products are moved behind shelves of stores that aren’t 21 and up. A new, 6-percent tax on cannabis products was levied, too. 

The new law also made the Tennessee Department of Agriculture (TDA) responsible for regulating the cannabis industry here. On Monday, the department issued new rules for cannabis producers and products. 

They immediately drew the ire from the Tennessee Growers Coalition (TGC), the advocacy and lobby agency for the state’s cannabis industry. The group is now organizing its members to fight the new rules.

TGC’s executive director Kelley Hess said the new law focused only on the Delta 9 cannabinoid and said that’s how hemp is defined on the federal level. But state agriculture officials added new THC standards for THCA and CBD flower. This could pinch producers and retailers as these products are “at least 70 percent of the market right now” and “what people have been building their businesses around.”

The new rules won’t affect edible products, like gummies, she said. Those products are made with cannabis oils that can be measured, fine-tuned all along the production process, and remain stable on the shelf. Cannabinoid profiles in flower products, however, can change. 

“The organic, raw flower is what’s really at jeopardy,” Hess said. “[The TDA is] just calculating the cannabinoids differently than what we’ve been calculating them for the last five years.” 

The TDA has overseen the state’s hemp industry since 2015. However, that oversight began as an industrial hemp program, when the crop was most likely intended to make rope, concrete, and those hippy hemp pullovers. 

That changed with the federal Farm Bill and the discovery of cannabinoids that could be pulled from hemp. The word “industrial” was all but phased out and TDA teams now travel the state testing hemp plants to ensure the THC levels in them are below a federally mandated .3 percent. 

In the past, that’s where the department left it. Whatever happened to that legal hemp and its cannabinoids afterward was up to the farmer and the market. The new law now mandates TDA  to manage cannabis and an edible foods program (like gummies) from the plant all the way to the shelf. The new rules issued Monday basically outline the structure of that program. 

Hess said her group and producers across the state offered ideas for state officials for the program but they did not listen. The new THC standard, she said, is a “misinterpretation of the bill” and warned agirculture officials that “you cannot do that.” But “they still did not take that seriously.” 

Hemp growers already have to meet those strict state guidelines in the field, she said. The move cut the number of producers from around 4,000 in the state to around 400. Hess said the TDA is now trying to “copy/paste” similar rules to the product side.

“It’s another standard that these growers and producers have to meet, which is completely unrealistic and unattainable,” Hess said. “So, they can’t do it. Then, all of these products that are on the shelf now will become illegal and noncompliant. So, law enforcement can come with criminal charges. 

A public hearing on the matter is scheduled for February. That hearing comes during the next session of the Tennessee General Assembly. 

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Report Paints Violent, “Out of Control” Picture of Tiptonville Prison

“Inmates are out of control, 200 staff shortage, inmates walking around with homemade knives, the gangs are controlling the units, drug overdoses regularly. This is just some of the issues.” 

The Tennessee Department of Corrections (TDOC) made headlines recently concerning sexual assaults in prison, staff shortages at prisons that make them dangerous places to work, and more, all while the state’s private prison operator, CoreCivic, seeks a $9.8 million budget boost next year. 

The issues came to light in a new audit of the department by the Tennessee State Comptroller’s Office. That report found issues across TDOC.

But one section focused on Tiptonville’s Northwest Correctional Complex, about 130 miles north of Memphis in Lake County. That section paints a troubling image of the facility, especially with firsthand comments from the officers who work there, like the one above. 

“[We] have no help and really if you get assaulted, you’re going to get assaulted until the inmates get tired of beating you because there are really no [correctional officers] available to come help you out,” another officer was quoted in the report. “It’s crazy.” 

“I have been told that if I am in a situation where my life is being threatened, nobody will come to help me,” reads a comment from another officer. 

Anecdotes from officers and data collected by the comptroller show a fragile hold on security at the facility. For example, offenders were free to move at will within their housing units during lockdowns. Physical security failures and dysfunctional equipment at Northwest were so bad, the comptroller legally omitted them from a federal report “because they would expose the facilities’ vulnerabilities.” Incidents of overdoses, contraband, destruction of state property, and assaults go unreported. 

The issues at Northwest, officials said, stem from the same place: staffing shortages. 

“With over 200 correctional officers short, the job is not safe,” wrote one officer from the prison. “We fight inmates every day. There is no discipline for their inmates. Security is a joke! Not enough staff.”

The comptroller’s report says 61 percent of Northwest’s positions were unfilled in the 2023 fiscal year. By August, two months into the state’s new fiscal year, the figure increased to 63 percent. 

Northwest’s job vacancy rate has increased every year since 2020, when the rate was a still-high 46 percent. In 2023, Northwest had more unfilled positions than any other prison in the state. 

The next-highest vacancy rate was at Nashville’s Riverbend Maximum Security Institution with 40 percent of its positions unfilled. Bledsoe County Correctional Complex in Pikeville had the lowest vacancy rate of just 9 percent.        

Staffing issues have real-world consequences. Officials with the comptroller’s office saw that firsthand during a site visit in April. During a tour, the correctional officer escorting the group was called away for an overdose. With no other officers available, the group from the comptroller’s office was left alone in the prison yard.    

For some of this, state officials recommended management take a hard look at the impacts vacancy rates and high turnover rates have on existing employees. Prison management said they have a hard time, however, hiring more employees because of the prison’s remote location, competition from other employers, the declining population in Northwest Tennessee, and the nature of the job. 

Some of this may be helped, the comptroller said, with the appointment of some new high-ranking officials. In January, Gov. Bill Lee hired Frank Strada as the new TDOC commissioner. In June, Strada hired a new warden for Northwest, as well as a new associate warden for treatment and a new associate warden for security for the facility.    

“It is too soon to determine whether the commissioner’s changes will bring sufficient positive change in the culture at the Northwest facility,” reads the report. 

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Report: Blocked Railway Crossings “Dangerous” and On the Rise

Freight trains are blocking railroad crossings for longer periods of time in Tennessee, according to a government report, which poses possible public safety risks. The issue has caught the attention of the state and local leaders. 

Memphis City Council members vented frustration on the issue last month, grilling a freight company official on what would be a “reasonable time” for trains to block roadways here. Now, a new state report calls these blockages “dangerous” and a “safety issue gaining attention nationwide. 

For Memphians, delays for streets blocked by rail crossings can be a daily experience. A new report from the Tennessee Comptrollers Office defines them as: “instances where a train is stopped, blocking a highway-rail crossing so that motorists and pedestrians cannot use it.”

The delays can be annoying, stopping the flow of traffic for uncertain lengths of time. But Tennessee State Comptroller Jason Mumpower takes the delays a step further. 

“Blocked crossings are dangerous because individuals may be tempted to crawl between stopped railcars and be injured if the train begins to move unexpectedly,” reads the report. “Also, communities and citizens may be critically affected when police and emergency services are prevented from or delayed in reaching their destinations.”

The Federal Railroad Adminstration (FRA) collects reports of blocked crossings. The agency has an online portal for incidents. The state of Tennessee has a portal to that portal on its website, as well. 

State of Tennessee

Blockages can also be called in. Crossings typically have blue signs that read “report problem to …” listing a phone number and the identifying number of the railroad crossing. 

Federal Railroad Adminstration

Blocked crossings are increasing across the country, according to a 2019 report from the Government Accountability Office (GAO). One reason the report cited: Freight companies are making their trains longer to increase efficiency and decrease costs, with some trains reportedly more than three miles long. This can lead to delays as engineers inspect each car, looking for mechanical issues.   

Last year, the Tennessee General Assembly asked the Tennessee Department of Transportation (TDOT) for an annual report of the number of blocked crossings. The numbers have fluctuated over the years for reasons not outlined in the report but have risen from double- digits in 2020 to more than 1,000 over the last two years. 

State of Tennessee

Memphis does not rank anywhere near the top of that annual report. Observers here reported incidents at 13 crossings in 2021-2022, compared to nearly 46 in top-ranking Nashville that year. 

The most-reported blocked railroad crossing in Memphis that year was 732192R. It’s on a line owned by Norfolk Southern and crosses McLeMore Avenue, close to Southern. It was reported blocked by citizens 11 times in 2021-22.

The railway crossing at McLemore close to Southern. (Credit: Google Maps)

The following year, it was reported as blocked only five times. However, that FRA report has more detail on the blockages. In March 2022, the crossing was reported to blocked for 6-12 hours by a stationary train and ”pedestrians were observed climbing on, over, or through the train cars.” In April, a train blocked the crossing for more than a day, according to a report. In May, “first responders were observed being unable to cross the tracks.”

A map shows the rail crossing in Memphis most reported to be blocked by a train. (Credit: Google Maps)

No Tennessee or federal law penalizes railroad companies for blocked crossings, according to the Comptroller’s report. Some states have tried to bill the companies for the blockages, but rail companies then take the issue to the federal level. They’ve never paid a blocked crossing fee in any state, according to the Comptroller’s report. 

In 2021, federal lawmakers introduced the Don’t Block Our Communities Act, which would have created a 10-minute time limit for train crossings. The bill was failed to pass.

Memphis already has a time limit: A city ordinance says trains can’t block a crossing for more than five minutes. The law does not apply to trains in motion. No fines or fees come with breaking the law. 

Last month, Memphis City Council members brought in Michael Garriga, director of government affairs for BNSF Railway, to start a conversation on the topic. He described the company’s operation here as a big business, with customers such as Nike, Amazon, Walmart, and Kellogg. He also described the rail system in and through Memphis as a complicated one with numerous networks and cooperative agreements with other rail companies.   

(Credit: City of Memphis) Michael Garriga, director of government affairs for BNSF Railway, talks to Memphis City Council members about blocked railway crossings last month.

Council member Cheyenne Johnson asked Garriga, “What should the average time-frame be for a person waiting for a train to pass?” That answer was complicated, too, he said.

“I hate to answer it this way but it’s the only way I know how to answer it,” Garriga said. ”It’s going to vary because every train is different.”

When pressed further to say what would be a “reasonable amount of time” for a train to pass, Garriga didn’t answer because he said he didn’t know. But he reminded council members that he lives in the area and deals with blocked crossings, too. 

“I understand the frustration but there’s a service there; there’s a part of the economy that’s moving,” he said.

Council member Jana Swearengen-Washington invited Garriga to speak because her constituents were “very concerned about” slow or stationary trains. She asked Garirga if anything could be done about the issue. 

He said the companies could possibly communicate better about train switching schedules. He also suggested the council explore a new federal program to eliminate some railroad crossings with infrastructure projects, which could take years to complete. 

Swearengen-Washington said she will continue the conversation at Memphis City Hall, with a promise to bring in another railroad official to speak before the council soon. 

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Passenger Rail Planning Can Begin With New Funds

Passenger rail in Tennessee rolled further down the line Wednesday as the federal government announced a $500,000 grant to help leaders here begin planning a statewide line.

In 2022, the Tennessee General Assembly asked the state-housed Tennessee Advisory Commission on Intergovernmental Relations (TACIR) to begin studying “the potential for passenger rail service linking the major cities in each of the Grand Divisions of the state.” 

In March, mayors of Memphis, Nashville, Chattanooga, and Atlanta submitted a proposal to the Federal Railroad Administration (FRA) for a passenger line to connect those cities. 

In July, TACIR’s 139-page report recommended a statewide rail plan. It said the Tennessee Department of Transportation (TDOT) should submit the report to support the cities’ application.

This week, the cities were awarded a $500,000 grant from the FRA, a move announced Wednesday by U.S. Rep. Steve Cohen (D-Memphis) on X. 

Passenger rail service linking Tennessee’s major cities will be a major economic shot in the arm and will invigorate travel and tourism across our state.

This is a very big deal.

U.S. Rep. Steve Cohen

“Passenger rail service linking Tennessee’s major cities will be a major economic shot in the arm and will invigorate travel and tourism across our state,” Cohen said in a statement. “I was pleased to submit a letter of support for this project and am glad that the FRA has heeded my repeated calls to prioritize this important project. 

“Once this service is in operation, much of the country will be accessible by rail from Memphis. This is a very big deal, and I look forward to working with stakeholders in all of the route’s proposed cities to continue to move this project forward.”

The funds are from the Infrastructure Investment and Jobs Act for the federal Corridor ID program to build a pipeline of intercity passenger rail projects ready for implementation. With the funds in hand, Tennessee leaders can lay the groundwork for an overall plan, a process that includes a scope, schedule, and cost estimate for a Tennessee passenger rail line. 

(Photo: TACIR)

TACIR’s report recommended five rail routes built in five phases. The first would connect Atlanta, Chattanooga, and Nashville.

(Photo: TACIR)

The next would connect Memphis and Nashville.

(Photo: TACIR)

The third-priority line would connect Chattanooga, Knoxville, and Bristol in East Tennessee. Another line would improve the connectivity between Memphis and Chicago. The final recommendation would connect Nashville to Louisville, Kentucky. 

These lines were prioritized based on the amounts of people they could move. For this, Atlanta, Chattanooga, and Nashville came first. Memphis and Nashville came second. 

“The route would connect Tennessee’s two largest cities, and connecting areas with large populations is often a key to success for passenger rail projects, although neither of these cities has as many people as Atlanta,” reads the TACIR report.   

TACIR’s plan would create a new rail division within the state, likely housed in TDOT. Doing this (and myriad other things necessary for such an undertaking) will need state money and that means vetting and votes from the Tennessee General Assembly. 

So far, rail plans here have vocal support from Tennessee Democrats and at least one Senate GOP member. The bill directing TACIR to study rail here was sponsored by Sen. Ken Yager, a Republican from the far-east corner of Tennessee (Bristol), and Rep. Antonio Parkinson, a Democrat from the far-west corner (Memphis). Rail could help both of those cities bring in people and their money. 

Rail action could likely see the floors of the Tennessee state House and Senate in its next session in January. Parkinson said that any rail idea would also need buy-in from Gov. Bill Lee’s office.

As for federal support, Cohen gave a mantra to U.S. Department of Transportation Secretary Pete Buttigieg in September. 

“Memphis is the center of the country,” Cohen said. “We’ve got the bridge that goes across the Mississippi River. We’ve got commercial aviation. We’ve got FedEx. What’s good for Memphis is good for America.”

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Drained Arkabutla Lake Could Be “Death Knell” for Sailing Sport in Memphis

While crews continue to fix the Arkabutla Lake Dam in a project that could take years, Memphis-area sailing is at risk to “not have much of a future.” 

A potential breach of the dam was discovered in May by the U.S. Army Corps of Engineers (USACE) Vicksburg District. If the dam failed, water could have roared into Coldwater River and disastrously flooded several Delta counties. This triggered the Corps to activate an Emergency Operation Center and begin quickly to reduce the threat.  

The USACE began immediately releasing water from Arkabutla Lake to relieve pressure on the dam and to assess its structural soundness. By mid-May, the Corps said “dam failure or breach are currently not imminent.”

However, the group continued to release water from the lake to shore up the dam and continue to reduce the risk. As of August, the Corps was still working around the dam and creating “the best design for longterm repairs.” 

 “I want to thank you for your patience as we work to repair the dam,” Col. Chris Klein, commander of the USACE Vicksburg District said in an August YouTube video. “A permanent fix to the dam will take years, which I understand is a long time to lose some recreation features of the lake. Please know though that we’re committed to working as quickly as possible to get the lake safely back to higher levels.” 

The water level there now is so low, visitors to the lake now might find it to look like a huge mud puddle. They might also notice a fleet of sail boats sitting on dry land on the banks of the lake, looking lonely and unused. 

Credit: Chuck Lamb via Facebook

The lake is home to the Delta Sailing Association, the boats belonging to the club’s members. Since you can’t sail on mud, a meeting this week in Memphis will determine the future of the club, easily the largest concentration of Memphis-area sailors. 

“In another week or so, we might not have much of a future,” said club member Mark van Stolk.

In a Facebook post about the upcoming meeting, van Stolk said, “the Army Corps has made it clear that if we don’t carry-on, there will never again be a sailing club at the lake and dinghy sailing near Memphis will effectively cease to exist.” 

The Corps has allowed the club, founded in 1949, a rare lease on lakefront property there on Hernando Point in DeSoto County. Since the club does not condone building on the property, the club site has a canopy, some picnic tables, some boat launches, a dock, and a lot for the members’ boats, usually between 12 feet and 20 feet.

There are other lakes around Memphis. But Arkabutla has the Goldilocks effect. Sardis Lake is big and deep but that attracts large power boats and mischievous jet skiers who have stolen sail boat racing buoys in the past, van Stolk said. Hyde Lake at Shelby Farms is peaceful but not large enough for several sail boats at one time, not to mention the other kayakers and paddle boaters.

Credit: Matthew Lee via Facebook

No sailing will happen at Arkabutla while the Corps fixes the dam, obviously. So, the question before club members this week is whether to keep its lease. The property is handy for sailing, van Stolk said, as the boats don’t have to be set up and taken down again for trailering to a sail site. But the decision is really one that will affect “the youth of the future to be able to sail.” 

“It’s hard enough nowadays to get kids to sail because, well, they’d rather be sitting behind a computer playing video games,” he said. “Getting kids to actually do something outdoors that isn’t as organized as a soccer team or something like that is difficult. But not having a location within a reasonable distance is sort of the death knell of the sport in Memphis.” 

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State Developing “Volunteer” Climate Action Plan

Tennessee officials are devising the state’s first-ever climate action plan thanks to federal funds through the Inflation Reduction Act. 

So far, 33 states have created and released climate plans, according to Climate Central, a nonpartisan nonprofit dedicated to reporting on the changing climate. Tennessee’s big-four cities — Memphis, Nashville, Knoxville, and Chattanooga — all have individual plans. 

The Tennessee Department of Environment and Conservation (TDEC) is now working with groups across the state for a greenhouse gas emission reduction plan, called the Tennessee Volunteer Emission Reduction Strategy (TVERS). 

The “volunteer” part of the name is more than a reference to the Volunteer State, one of Tennessee’s nicknames. The planning approach so far does not seem to favor any mandates to curb climate change. 

”Through TVERS, TDEC is focusing on voluntary or incentive-based activities that reduce greenhouse gas emissions and other air pollutants,” reads a website for the plan. “While other states have imposed mandates to reduce emissions, we hope to reach established goals through voluntary measures that may differ throughout the state.”

TDEC won $3 million grant from the Environmental Protection Agency (EPA) in July to develop the statewide climate action plan. Nashville, Memphis, and Knoxville each received $1 million to develop further plans. 

The state owes the EPA a draft of a greenhouse gas inventory by the beginning of next month, according to state documents. Tennessee has never published (and has maybe never conducted) an inventory of its greenhouse gas emissions. 

When Memphis officials measured the city’s greenhouse gases for its climate action plan in 2016, they found emissions here came from three major sectors: energy, transportation, and waste. 

Energy emissions were 46 percent of the total. The figure includes emissions from energy used in residential, commercial/institutional, and industrial buildings. Transportation emissions (42 percent) included passenger, freight, on-road and off-road vehicles. Waste emissions (12 percent) included solid waste disposal in landfills and wastewater treatment processes. 

The total greenhouse gas output that year here was about 17.2 million metric tons of carbon dioxide. An EPA calculator says that amount of emissions is equal to more than 44 million miles driven by gas-powered cars, more than 94,000 railcars worth of coal burned, and more than 2 trillion smartphones charged. The Memphis climate plan said “emissions are fairly comparable to, and even lower than, several other peer cities, including Nashville, Atlanta, Louisville, and St. Louis.”

Credit: City of Memphis

After turning in a cursory greenhouse gas emissions inventory, the state will then owe the EPA a draft climate action plan by March. Then, officials will have to turn over a comprehensive climate action plan.

The process mandates states to provide greenhouse gas emission reduction measures. These could include “transitioning to low-or zero-emission vehicles, reducing carbon intensity of fuels, and expanding transportation options (biking, walking, public transit).” For buildings, these could include “increasing energy efficiency through incentive programs, weatherization retrofits, building codes and standards, and increasing electrification.”

Climate change has been a particularly thorny political issue in Tennessee with the state’s GOP-dominated legislature. This year, the General Assembly legally defined natural gas as “clean energy,” fought building codes that would reduce electricity consumption, and blocked a weather infrastructure project that would have given real-time data in every county. 

In 2019, Gov. Bill Lee said he was was undecided as to whether climate change was real or not. Tennessee Attorney General Jonathan Skrmetti has battled companies on climate change issues throughout his tenure. But at least one Tennessee state government official was frank about climate issues during a presentation on the TVERS plan last month. 

“Reducing emissions will result in cleaner air and improve public health,” said Jennifer Tribble, director of TDEC’s Office of Policy and Planning. “Greenhouse gas emissions are also contributing to the warming of our climate and an increase in number and severity of extreme weather events, such as drought, forest fires and hurricanes. These effects have important consequences on human health, such as exposure to extreme heat. Reducing these emissions will improve our resilience to these impacts in the long-term.”