New rules will change air travel, mandating refunds for flights and eliminating hidden airline fees. In addition, new laws could come soon to limit fees for booting cars in parking lots, and restrictions on “zaza” or “gas station heroin.”
New airline rules
Last month, the U.S. Department of Transportation (USDOT) issued final rules to require airlines to give passengers a prompt, automatic cash refund for canceled and significantly delayed flights, instead of travel vouchers or credits. The idea was proposed, in part, by U. S. Rep. Steve Cohen (D-Memphis), as a ranking member of the House Committee on Transportation and Infrastructure.
The new rules were part of Cohen’s Cash Refunds for Flight Cancellations Act and Forbidding Airlines from Imposing Ridiculous (FAIR) Fees Act. The legislation would also protect consumers from “ridiculous” or hidden fees on certain services, though USDOT has not yet ruled on the idea.
“These passenger protections are long overdue,” said Congressman Cohen. “When airlines are responsible for flight delays or cancellations, or do not provide the services that their customers pay for, passengers should be made whole, not tied to airline vouchers or travel credits. I have also heard from many travelers about their frustrations with hidden fees for checked bags, seat assignments, and flight change and cancellation fees that far exceed the costs to provide these services.”
New rules for “booting” and towing cars
In Tennessee, a bill is headed for Gov. Bill Lee’s desk that would prohibit unlicensed individuals from booting vehicles and cap the fee to remove a boot at $75. The legislation was sponsored by state Senate Majority Leader Jack Johnson (R-Franklin). It also proposes new rules for towing and parking.
“This legislation will protect vehicle owners in Tennessee from bad actors seeking to profit off of immobilizing and confiscating vehicles,” said Johnson. “I’ve received complaints from many constituents who have had to go through unreasonably long and expensive processes to regain control of their vehicles which were unfairly immobilized or towed.
“Unfortunately, our current laws do not provide legal recourse to punish parking enforcers engaged in certain nefarious practices. This bill targets those bad actors and protects Tennessee vehicle owners.”
The bill would require booting be done if only a licensed parking attendant is present in a commercial parking lot. Boots would also have to be removed within 45 minutes of a driver’s call. The legislation would also ensures that vehicle owners are properly notified if their vehicle is being towed, sold or demolished by a towing company. Also, if the towing process has begun, but the vehicle hasn’t left the parking area, the bill requires towing companies to release vehicles to the owner for a fee of no more than $100.
Getting “gas station” heroin out of gas stations
Another piece of federal legislation would ban the sale of tianeptine — sometimes called “zaza” or ”gas station heroin“ — at retail stores, like gas stations. The proposal is from Rep. Frank Pallone (D-New Jersey) who said the drug is causing an uptick in calls to poison control centers and emergency room visits. America’s Poison Control Centers said 391 tianeptine cases were reported nationwide last year.
Tianeptine is most commonly used for treating anxiety and depression. However, the drug has not been approved by the U.S. Food and Drug Administration (FDA). Sometimes the drug is abused to create a euphoric, opioid-like effect. A common tianeptine brand is called “Neptune’s Fix.”
“It’s clear that these harmful tianeptine-containing products pose a serious threat to consumers and are jeopardizing the health of our communities, particularly our kids,” Pallone said in a statement. “These dangerous products do not belong on store shelves, which is why I’m introducing a bill today to empower FDA to prohibit the marketing of ‘gas station heroin’ to protect consumers.”
Soul & Spirits’ Hoochie Coochie wins this year’s Beer Bracket. (Photos: Justin Fox Burks)
Soul & Spirits Brewery’s Hoochie Coochie IPA is the best craft beer in Memphis, according to the more than 800 voters of the Memphis Flyer’s 2024 Beer Bracket Challenge, sponsored by City Brew Tours, Eagle Distributing Company, and Cash Saver.
This marks the first time Soul & Spirits has won our challenge. The brewery had not yet opened its doors in 2021 when we last held it. Their win unseats Crosstown Brewing Company, who has held onto the VanWyngarden Cup since 2021. Back then, Crosstown’s Traffic IPA upended Meddlesome Brewing’s three-year reign atop the Flyer’s annual beer bracket contest with its 201 Hoplar.
Soul & Spirits takes home the prestigious VanWyngarden Cup.
Ghost River Golden took top honors in 2017, the first year of the competition. But it’s been IPA all the way since then. That’s five wins for an IPA — apparently the top style in Memphis — almost every year we’ve done this.
Since Soul & Spirits opened in 2021, it’s won top honors — Brewery of the Year — in 2022 and 2023 in the Tennessee Championship of Beers.
“Winning a competition against your peers is really cool but to have people locally vote for us — that this is their favorite beer in Memphis — that means a lot,” says Blair Perry, who co-founded and owns Soul & Spirits with her husband, Ryan Allen. “We’re still really new, so it is nice that people acknowledge that we’re around and like what we’re doing.”
Allen and Perry say Hoochie Coochie IPA started as an American IPA, “but it just turned into chasing a flavor.” When asked what flavor, Allen says “goodness.” Hoochie Coochie’s hops change from batch to batch, he says, based on what’s available.
“But just trust me, we’re going on a road,“ Allen says. “We’re going on a journey.”
Perry says they’re always chasing a “juicy, citrusy flavor with a nice bitterness that makes you want to keep drinking.”
As for the name? It’s fun to say, they note, and one of the first beers they named. But it also fit with the Soul & Spirits naming convention. Memphis-area music plays onto the labels and into the names of Soul & Spirits beers. So conjure up “I’m a Hoochie Coochie Man” by Muddy Waters next time you sip a pint and search the can label for song references.
Blair Perry, Ryan Allen, and the ever-famous writer Toby Sells
This year was completely different for the Beer Bracket. First up, we opened up the challenge to any brewery in Memphis, any size, whether or not they had beers in stores or not. That brought in Boscos, who, one could argue, blazed the path for craft beer in Memphis. The change also made room for some newcomers like Urban Consequence Brewing, Memphis Filling Station, Cooper House Project, and Memphis-area beer bar and brewpub, Mississippi Ale House.
Gone were any divisions that have, in the past, separated our bracket into very basic beer categories — light, dark, IPA, and seasonal. The beers commingled — stouts vs. IPAs, for example. Though, we made sure no two beers from the same brewery were seeded against one another.
In the end, we had 32 beers from 16 breweries. Each brewery selected two beers for random seeding. (I literally pulled the match-ups out of a hat.) These went right on our bracket. That bad boy was digitized, and over two weeks these beers faced off, fell out, or advanced to the next round.
The final round had Hoochie Coochie up against Cooper House Project’s Midtowner lager, which won a narrow victory over Hampline’s Tandem Pilot double IPA to make the finals. In the end, Hoochie Coochie emerged as the winner, edging out Midtowner by only 130 votes.
The Memphis Flyer Beer Bracket had more than 10,500 votes this year from states across the nation, though most votes came from Midtown Memphis.
You know we love beer at the Flyer. And we know you do, too. (Well, at least hundreds of local voters do, anyhow.) So, we felt a duty to let you know that state lawmakers had you on their minds this year. Here’s rundown of some legislation that could find its way to a pint glass near you.
The Law and Your Beer
It wouldn’t be a regular session of the Tennessee General Assembly if lawmakers didn’t change the way you drink, or try to, anyway.
Lawmakers thought about cold beer, drunk cops, and Sunday sales. They also thought about more serious matters like date rape and treatment programs for DUI offenses. Some ideas worked. Some didn’t.
No Cold Beer for You
Rep. Ron Gant (R-Piperton) knew his legislation “got quite the buzz,” a phrase pounced upon by another GOP lawmaker with “no pun intended!” Har har.
That legislation would have banned the sale of cold beer at stores. So you don’t have to go back and make sure you read that right, here it is again: That legislation would have banned the sale of cold beer at stores.
But when Gant first spoke about the bill, he said “the buzz” about banning cold beer sales was moot. It was part of the original legislation, but after meeting with stakeholders across the state (probably meaning lobbyists for retailers), it was no longer part of his proposal.
He clarified this during an early committee review of the bill. The intent was never to target 12-packs or 24-packs, it was on “high-alcohol, single-serve containers.”
“Some people have educated me on this,” Gant said. “They call them 2x4s or tallboys. You see them laying on the side of the road where they’ve been obviously thrown out. So, we know that they’re being abused, and people are drinking these, and not making it home to enjoy at their house.
“So, there was never going to be any intent — by me as the sponsor — to take away the right and the privilege for the good actors of being able to buy a 12-pack or 24-pack and take that home as responsible adults. I just want to make that clear, you know, for the record. So that everybody feels at ease. But none of that is included in this legislation.”
And feel at ease they did, it seems. Those hard headlines that read like “Proposed Tennessee Bill Bans Selling Cold Beer” (from VinePair) had softened to jokier ones like “Tennessee’s Cold Beer Ban Bill Is Officially On Ice” from Nashville’s News Channel 5.
For many, though, the idea seemed in range and on-brand for the GOP. Memphis Reddit users called it “stupid shit” and “bullshit” and that (sarcastically) these lawmakers were “tackling the real issues.” It also reminded them of another GOP fave: gun control.
“But … but … beer is an inanimate object,” wrote u/Boatshooz. “It doesn’t drink itself. And we don’t need to pass further laws that just hurt responsible drinkers, we just need to enforce existing laws.
“I swear I’ve heard that same argument from those same legislators about something else … can’t remember what it was. Why are they taking the opposite stance with beer?”
The law would, however, create a new group to study alcohol consumption and abuse in the state, with a report due annually. Gant said (but didn’t cite sources for his information) that drunk driving and alcohol consumption has surged in recent years. The bill was passed by the legislature but had not been signed by Gov. Bill Lee as of press time.
Sunday Sales
You’ve been there, probably. You’re headed to your Sunday Funday, walk into the grocery store only to find the beer section dark, maybe with shades drawn over them or a lock on the cooler door.
Then it hits you. That backward-ass state law says I can’t buy beer here until noon. You may even have a thought about some pious state lawmaker sitting in a church somewhere, praying that the law will somehow nudge you out of the beer aisle and into a pew somewhere. Well, those beer lights will remain off on Sunday mornings, at least for another year.
Nashville Democrats Rep. Bob Freeman and Sen. Jeff Yarbro tried to change that. They described the bill simply as “the alignment of the sale of alcohol on Sunday to every other day of the week.” They said many sporting events are overseas and on different time zones. Some venues, they said, would like to sell alcohol to those who want to watch them.
The only real vocal opponent of the bill was Rep. Tom Leatherwood (R-Arlington), the former Shelby County Register of Deeds. He tried hard to marry the Sunday-sales legislation with another Freeman bill focused on preventing sexual assault.
He called them “twin bills” even though they could not have been more different. But still he told his GOP colleagues that limiting Sunday sales could save a life, and someday, maybe, end up on your end-of-life sizzle reel.
“Now, any of us that have drunk the alcohol [yes, he said the alcohol] before … it will just naturally reduce the natural defenses of some. It’ll increase the natural aggressiveness of others,” Leatherwood explained. “Hence, it’s good to be aware of what can happen, as we will hear more about later. If you vote no on this bill, you may never know what young lady you save from sexual assault and harassment, to use the language coming up. You may never know. But then again, on the other hand, in that final judgment we will all face, you may find out who you save by voting no on this bill.”
For his part, Freeman tried to separate the two, saying, “You should be able to drink responsibly without being raped.”
Loaded Cops, Loaded Guns
Sen. Joey Hensley swore he had no idea where the idea came from or how it ended up in his legislation. But there it was, raising almost as many eyebrows as the cold beer ban: We were going to allow drunk cops to carry and use concealed firearms.
“As introduced, allows law enforcement officers to carry a firearm when under the influence of alcohol or controlled substances and certain other circumstances,” reads the bill description on the state website.
Hensley said all he wanted to do was allow everyone to carry weapons on college campuses, for crying out loud. (That idea didn’t even get the support of his GOP colleagues. The bill failed.) The drunk cops thing was added without his knowledge, he told Fox 13. But there it was in black and white pixels and the damage was done.
“TN GOP probably: Wait guys, I’ve got an idea,” tweeted Rep. Gloria Johnson (D-Knoxville). “I know Missouri one-upped us with their bill arming 3 [year olds], but I think we can counter with arming police officers who are drunk or high. Hear me out on this one …[three clown emojis].”
One supporter, though, over on a forum at tngunowners.com had another take.
“I know many seem to find fault with the concept of being armed and drinking, but really, as long as you’re not impaired,” wrote a user named Defender. “If you feel that strongly against it, maybe we should allow cars at bars or restaurants that serve alcohol.”
Date Rape
Rep. Freeman’s legislation (discussed earlier here) on alcohol and sexual assault passed this year, was signed by Lee, and will go into effect in January. That law will require anyone who serves alcohol to the public to take a course on the role of alcohol in sexual assault and harassment and on recognizing and reporting signs of human trafficking.
“If any of you remember, several years ago, the horrible rape case on a university campus here locally where a bunch of men carried a passed-out woman past 20 or more individuals that allowed it to happen,” Freeman said. “Not one of them stopped, said anything, felt empowered to do it, [or] understood what they could say.”
After this, the Safe Bar Tennessee program was developed by the Sexual Assault Center of Middle Tennessee. The program’s slogan is “See Something. Do Something.” Such training is already underway in Nashville, including some 50 bars Downtown, Freeman said.
Odds and Ends
Right now, certain folks under 21 can taste alcohol legally in the state. But they can’t drink it. Make sense?
Motlow State Community College, Jack Daniel’s, and Uncle Nearest have developed an associate’s degree in distilling that could produce more professionals in that industry’s workforce. Tasting the product gives students “real-world, practical experience” to “meet the critical need for their industry.” But they have to spit it out.
If you get a third DUI or BUI, you’ll have to wear a transdermal patch that will send a report to law enforcement if you have a drink. The main part of this legislation reduces jail time for the third DUI. Yet that only serves to give more time to commit to a 28-treatment program.
But the stranger, kind of Big Brother-y part of the law would make you wear that tattletale patch under your skin (so many questions) for three months or until your case is resolved, whichever came first. It goes into effect in July.
A bill would have yanked the alcohol license of a venue that served someone who later got into a car wreck that killed someone. It failed. Another bill sounds like it’s from the Prohibition era. It would have reduced “from two to one the number of credible witnesses who must be present when a law enforcement officer destroys an illegal distillery, a still, fermenting equipment, or related property.” It failed, too.
The White House will remove cannabis from the federal list of the country’s most dangerous drugs, according to the Associated Press, a move that could lead to looser laws in Tennessee.
In 2022, President Joe Biden promised to reevaluate cannabis’ placement on Schedule I. Schedule I is the federal government’s classification for some of the worst drugs, such as meth and heroin. These drugs are highly addictive and have no medical use, according to the government.
Biden promised cannabis reform in a statement in October 2022. It outlined three steps his adminstration would take to end what he called the government’s “failed approach” on cannabis so far.
Back then, Biden pardoned all federal offenses of simple possession and urged governors to do the same. Tennessee Governor Bill Lee did not make any cannabis pardons.
Biden said the next step to reclassify cannabis was to check with the Secretary of Health and Human Services (HHS) and the U.S. Attorney General to “expeditiously” review how cannabis is scheduled under federal law.
Those conversations went on, apparently, behind the scenes, even out of Congressional view. Last summer Congressman Steve Cohen and Congressman Matt Gaetz grilled Drug Enforcement Agency (DEA) Administrator Anne Milgram for details during a meeting of the House Judiciary Crime and Federal Government Surveillance Subcommittee. They got very few.
Milgram said her agency couldn’t move on the matter without word from HHS. She said DEA had not heard anything and had not even heard of a timeline for when HHS might send word.
On Tuesday, The AP reported that DEA will move to reclassify cannabis, citing five anonymous sources. That proposal must then get the approval of the White House Office of Management and Budget and go through a public comment period. If approved, cannabis would be listed on Schedule II, alongside drugs such as ketamine.
Tennessee lawmakers have long said they wouldn’t approve any looser laws for cannabis unless the drug was moved from Schedule I at the federal level. Despite the creation of the Tennessee Cannabis Commission years ago, a group tasked with establishing a cannabis program for Tennessee, no material changes have been made in state laws.
State Rep. Jesse Chism (D-Memphis) said he hopes that with the reclassification ”we can start the ball rolling soon and begin having serious discussions here in Tennessee.”
“Our state has spent millions and millions of taxpayer dollars to enforce cannabis laws that are outdated and harmful to a lot of people, including many Tennesseans who are trying to get relief from painful chronic medical issues,” Chism said in a statement. “In addition to wasting those dollars, we’ve completely ignored the financial benefits that could be coming the state’s way.
“I’ve filed several pieces of legislation ranging from allowing medical use to decriminalization to even trying to put a non-binding referendum on the ballot to hear from Tennessee’s voters. The main point of contention has always been its federal classification. Hopefully, with this movement we can start the ball rolling soon and begin having serious discussions here in Tennessee.”
Tennessee Senate Democratic Caucus Chairwoman Sen. London Lamar (D-Memphis) applauded the move, saying it will will have benefits for Tennesseans seeking medicinal cannabis.
“Reclassifying marijuana as a less-dangerous drug at the federal level is a historic decision, driven by common sense,” Lamar said in a statement. “Republican lawmakers have kept Tennessee in the dark ages on marijuana policy — wasting our tax dollars locking people up for a plant. While my ultimate goal is still legalization in Tennessee, this is incredible news for folks who would benefit right now from natural medical cannabis to treat chronic pain or illness.”
Cohen, a longtime advocate for cannabis reform, was frustrated by delays in the process during that Congressional hearing last year. “I’ve been here 17 years … and I’ve seen DEA heads, I’ve seen [Federal Bureau of Investigation] directors, I’ve seen attorney[s] general, exactly where you’re sitting, say governmental gibberish about marijuana. They’ve done nothing for 17 years, and for years before that. It goes back to the [1930s].
“The government has messed this up forever and you need to get ahead of the railroad. You’re going to get something from HHS. Biden understands [cannabis] should be reclassified. He said from [Schedule I to Schedule III] and it should be classified from [Schedule I] to 420. We ought to just clean it up and get over with it.”
The Biden adminstration paused a proposed ban on menthol cigarettes last week after it received an ”immense amount of feedback” on the move.
The U.S. Food and Drug Administration (FDA) announced the long-awaited move toward a menthol ban in April 2022. The agency has worked on the issue since at least 2011. A 2009 law banned all flavors in cigarettes, except for tobacco and menthol.
The FDA estimated in 2019 that more than 18.5 million people aged 12 and up smoked menthols in the U.S. It recorded high rates of use by youth, young adults, African-Americans, and other racial and ethnic groups.
The FDA said banning menthol cigarettes in the U.S. would lower smoking by 15 percent nationwide in the next 40 years, and over that time, an estimated 324,000 to 654,000 smoking deaths overall and 92,000 to 238,000 African-American deaths could be avoided.
The FDA opened the proposal up for public comment in April, a necessary step in federal rule-making. The comment period was expanded by 60 days in June at the urging of lobby groups advocating for convenience stores, truck stops, and marketers of gasoline and diesel.
The ban was first delayed in December 2023, and plans to finalize the ban in March never materialized. However, administration officials said they were still committed to implementing a ban. White House officials said last week comments from the public led to the pause.
“This rule has garnered historic attention and the public comment period has yielded an immense amount of feedback, including from various elements of the civil rights and criminal justice movement,” U.S. Health and Human Services Secretary Xavier Becerra said in a statement on Friday. “It’s clear that there are still more conversations to have, and that will take significantly more time.”
Banning menthols would only push sales underground, said officials with NACS, the national lobby firm for convenience stores and gas stations.
“Real-world data and results have shown that prohibition of menthol cigarettes does not reduce smoking or advance public health. Instead, like the experience with prohibition of other entrenched products, it simply leads to more illicit sales,” said Doug Kantor, general counsel at NACS. “We hope the weight of evidence showing the ineffectiveness of what was originally proposed leads the Department to change course entirely.”
The NAACP pushed for the national ban. That group is now calling on states to issue their own bans on menthols. Tobacco-related chronic illness is one of the lading causes of death for African Americans, it said.
”The targeted marketing of menthol cigarettes to Black individuals has contributed to about 77 percent of Black smokers using menthol cigarettes, compared to 23 percent of white smokers,” reads a statement from the NAACP. “This statistic is no accident; it is the result of decades of marketing strategies by tobacco companies. Menthol use has resulted in increased rates of lung cancer, heart disease, and stroke among Black Americans.”
Some said, though, that the ban would unfairly target African-American consumers. Writing in The Washington Post, columnist Eugene Robinson said he understood tobacco companies targeted Black consumers for years.
“But I can’t rush to cheer a new policy that puts a terribly unhealthy — but perfectly legal — practice enjoyed so disproportionately by African Americans on the wrong side of the law,” Robinson wrote.
Enforcement of the new law would have only addressed manufacturers, distributors, wholesalers, importers and retailers that deal in cigarettes. The new rule would not have included a prohibition on individual consumer possession or use.
That’s the buzz growing around the MEMernet and the Mid-South-er-net this morning. The news of the gas station/restaurant/store/jerky bar/clean-bathroom haven/not a truck stop/roadside phenomenon busted out Wednesday morning from the Facebook page of state Sen. Page Walley (R-Savannah).
“BUC-EE’S-WELCOME TO FAYETTE COUNTY!!!” Walley exclaimed in his post that had been shared 50 times in its first three hours of existence. “Another great economic and commercial achievement for our District! *beaver emoji* *handclap emoji*”
That post carried an image of a flyer detailing the Bucc-ee’s planned location at I-40 exit 28 in Galloway, Tennessee. It also had some interesting stats about the company and the typical Bucc-ee’s store.
Credit: Sen. Page Walley via Facebook
• first opened in 1982
• 46 stores
• 28 travel centers
• starting wage of around $17-$19 per hour
• 120 gas pumps
• 71 clean bathrooms
• typical number of full-time employees (175-200)
• typical annual payroll $9 million
• $60 million expenditure per location
• $50 million typical gross sales per location (not counting fuel)
GOP lawmakers still want to kill child rapists in Tennessee and while laws to do it have passed both chambers, death penalty opponents question motives behind the legislation.
If the governor signs the bill, adults over the age of 18 could face the death penalty if they rape a child under the age of 12. However, judges could also levy lesser punishments to those convicted.
The legislation was sponsored by two powerful lawmakers: House Majority Leader Rep. William Lamberth (R-Cottontown) and Senate Majority Leader Sen. Jack Johnson (R-Franklin).
The House version of the bill passed Tuesday. The Senate version passed earlier this month.
In 2008, the U.S. Supreme Court said a similar idea from Louisiana was “not proportional punishment for the crime of child rape.” In a Tennesseean op-ed published Monday, Johnson said he sponsored the legislation “in an effort to challenge the 2008 Supreme Court ruling.” That part rang a sour note for Tennesseeans for Alternatives to the Death Penalty (TADP) which said the statement shows “what this bill is really about.”
“Bottom line: This bill is about overturning Supreme Court precedent and not about protecting our children,” reads an email newsletter sent from the group Tuesday. “If protecting kids was the priority, then lawmakers would listen to the child service providers who continue to publicly share their concerns that this legislation will only chill the reporting of this crime since 90 percent of offenders are family or friends of the child. It will also trap children in decades of capital litigation that will only serve to re-traumatize them, particularly if they have to testify over and over again.”
Such legislation is on brand for the GOP’s tough-on-crime platform. Conservative lawmakers believe the threat of death is equal to the some crimes and their laws may make some re-consider their actions. But the bill could also open a big door for lawmakers down the road.
Current law says a “defendant guilty of first degree murder” must get a sentencing hearing in which they’ll get the death penalty, a life sentence, or a life sentence without the possibility of parole. This GOP bill removes “first degree murder” wherever it appears in current law and replaces it with “an offense punishable by death.” This would add child rape this year. But it seems to crack the door open for lawmakers to add other offenses in the future.
For now, though, Johnson and Lamberth are focused on child rapists, who Johnson called “monsters” in his op-ed.
“Child rape is the most disgraceful, indefensible act one can commit, leaving lasting emotional and psychological wounds on its victims,” he wrote. “As a legislator, and more importantly, as a human being, our responsibility to protect the most vulnerable comes first.”
However, the notion of upending the Supreme Court ruling was on Lamberth’s mind even as he presented the House version of the bill earlier this year. He vowed then to fight for its implementation in court. He noted that in 2008, the court’s ruling came because “not enough states had this type of penalty on the books.”
“We’re seen other decisions by the Supreme Court overturned,” Lamberth said. “I believe this particular makeup of the court, it leans more towards state’s rights.”
Death penalty executions remain on hold in Tennessee after a scathing report in December 2022 found numerous problems with the state’s execution protocols.
Two death penalty bills failed in the legislature last year. One would have added firing squads to the state’s options for executions. Another would have brought more transparency to the execution process.
One death penalty bill passed last year. It gave the Attorney General control over post-conviction proceedings in capital cases, rather than the local District Attorneys. That bill was ruled unconstitutional in July by Shelby County Criminal Court Judge Paula Skahan.
Sen. Brent Taylor (R-Memphis), left, and state Rep. John Ragan (R-Oak Ridge), right, sponsor the legislation Photo: State of Tennessee)
State lawmakers don’t want Shelby County leaders — or any local government in Tennessee — to study giving reparations “to individuals who are the descendants of persons who were enslaved.”
Shelby County Commissioners approved a $5 million study of reparations in February 2023. A new committee was established to study the impact of giving local money to local African Americans. The committee would focus on the potential impact on access to housing and homeownership, healthcare, the criminal justice system, career opportunities, financial literacy, and generational wealth.
Bills to stop this were filed by Sen. Brent Taylor (R-Memphis) and state Rep. John Ragan (R-Oak Ridge). Ragan told House members Tuesday that “unfortunately” Shelby County was already at work on this. He said the county does not have legal authority to do it, nor is the move on solid constitutional footing.
“Despite any good … intentions of such actions, [reparations] have not fostered and can never enhance community healing and unity,” Ragan said. “Rather the real impact divides us and generates more bitterness. Ill-founded accusations of collective guilt and group punishment for wrongs no one in the group could have ever committed creates resentment, always.”
Ragan explained slavery is among the most unconscionable human evils. “This is true where the enslavers were an African monarchy or a Mexican cartel,” he added.
His speech was cut short here as Black House members called out from their desks, seeking to correct Ragan. State Rep. Antonio Parkinson (D-Memphis) called Ragan’s assertion that Africans were partially responsible for American slavery “mean-spirited” and “insulting.”
“There was no shipping across the Atlantic of slaves until the Europeans went to Africa — at the behest, sometimes, of their government entities and privateers — to exploit Africans on the continent of Africa, and cruelly — for 400 years — bring them back to America, only to be mistreated,” Parkinson said.
Kings in what is now the African country of Benin sold slaves to European merchants for more than 200 years, according to a 2018 story in The Washington Post. Those sold were usually members of rival tribes, the story says.
“The overwhelming majority of slaves sold to Europeans had not been slaves in Africa,” reads a blog post from Digital History on the University of Houston website. “They were free people who were captured in war or were victims of banditry or were enslaved as punishment for certain crimes.”
“While there had been a slave trade within Africa prior to the arrival of Europeans, the massive European demand for slaves and the introduction of firearms radically transformed West and Central African society.”
Debate on the reparations bill did not make it back to the House floor Tuesday as lawmakers moved on to other business to untangle rules on who could speak on the bill and when.
Before the bill stalled, though, Rep. Larry Miller (D-Memphis) offered a series of amendments to the bill to slow its momentum this year. Those were tabled or voted down.
However, introducing them allowed Miller to speak his mind about the legislation. He argued for the right of a local government to make its own decision in the matter of spending its own, local tax dollars. He, then, took aim at Ragan’s motives.
“What’s inside of you to make you want to further say, ‘Look, you can’t study our history. You can’t even talk about our history. You can’t even spend your local tax dollars to talk about it, to study it’?” Miller asked. “That is so antiquated.
“It’s a cruel intent, in my opinion, to say to people in this state, especially African-American people in this state, ‘We don’t want to talk about it anymore.’”
The Senate was set to take up its version of the bill Wednesday afternoon.
Memphis residents are invited Thursday to hear about the $787.5 million bridge proposed to replace the Memphis-Arkansas Bridge, also called the I-55 Bridge or “old bridge.”
The Tennessee Department of Transportation (TDOT) will host the session scheduled for Thursday from 5 p.m.-7 p.m. at the Central Station Hotel’s Amtrak Station. Another public meeting will come next week in West Memphis at the Eugene Woods Civic Center Center on April 25th, from 5 p.m.-7 p.m.
Tennessee Department of TransportationTennessee Department of Transportation
As those talks begin, work continues on the current I-55 Bridge and its interchange. For more than a year, crews have replaced the old cloverleaf interchange and replaced much of the bridge’s worn-out decking.
That work began back in 2009 with public hearings at Central Station, before its conversion into a hotel and when it was still owned and operated by the Memphis Area Transit Authority (MATA). Hearings and approvals continued until the project was sent of for bids in 2022. That project is slated for completion early next year.
The new bridge, which TDOT is calling, “America’s River Crossing,” would completely replace the old bridge, which would be demolished. Construction on the new 1.5 mile span over the Mississippi River could begin as soon as 2026 and be complete as early as 2030, according to state documents.
“America’s River Crossing” was the name given to the idea of a new, third bridge over the river pushed by the Greater Memphis Chamber in 2021. At the time, the Memphis-Arkansas Bridge was the only bridge across the river in Memphis. The newer Hernando DeSoto Bridge was closed at the time after officials discovered a crack in the structure.
Even though the new bridge project would still leave Memphis with only two bridges (St. Louis has 10), the Chamber appears to be on board the new project, retweeting information to Thursday’s public meeting.
🌉🚗 Public Meeting Alert! 🚧📢
Exciting news! 🎉 TDOT & ARDOT are teaming up to host TWO open house public meetings! 🤝 Join us to dive deep into the America’s River Crossing project on I-55 Over the Mississippi River Bridge Replacement. pic.twitter.com/UEWzveSCUL
— Greater Memphis Chamber (@MemphisChamber) April 11, 2024
The old bridge needs replacing, officials say, because its condition and recent appraisals have “raised concerns.” The bridge is 75 years old. It does not meet current seismic standards, which could put drivers in dangers should an earthquake occur. Retrofitting the bridge could cost between $250 million to $500 million, according to a state report.
Also, the old bridge is small. It has two, 10-foot travel lanes in each direction separated by a concrete divider, with two-foot shoulders on each side of the roadway.
”The existing I-55 bridge was not designed to handle the current or future volume of daily traffic, or truck volume, resulting in significant mobility and safety concerns,” reads the report, noting traffic counts there could be as high as 58,000 daily in 2030. “With traffic forecasts indicating substantial growth, the need for a new bridge becomes apparent, demanding increased capacity and improved traffic operations.”
The new bridge would add a new lane in each direction, for a total of six lanes, and have 12-foot shoulders on both sides of the roadway.
The new version would increase capacity, making for smoother, safer flow of traffic and freight. For these and other reasons, the financial benefit of a new bridge could be as high as $529 million, the state said.
The old bridge has higher-than-normal rates of crashes and bottlenecks, too. The state report found the bridge crash rate was 86 percent higher than the statewide average. The bridge also ranks in the top 10 percent of bottleneck headed south and 12 percent of bottlenecks northbound. Both are attributed to congestion.
Tennessee Department of Transportation
A new bridge could cost up to $787.5 million. To pay for it, TDOT has request $393.7 million from the Federal Highway Adminstration. The other half would be split between TDOT and the Arkansas Department of Transportation. Tennessee’s portion would flow from dedicated funds in the Transportation Modernization Act, which included $3.3 billion for public projects.
Shelby County District Attorney General Steve Mulroy said his office ”strongly argued against lowering the bond” on Jaylen Lobley, a suspect who died in a police shoot-out Friday morning that also claimed the life of a police officer, ”citing the defendant’s danger to the community.”
The statement from Mulroy runs counter to growing anger online that lays the blame for Lobley’s release from a March crime at the feet of the DA’s office.
“This bond was granted by a Shelby County Judicial Commissioner following a hearing where our office strongly argued against lowering the bond, citing the defendant’s danger to the community. Despite our arguments, the commissioner approved the (release on recognizance) bond,” Mulroy said in a statement Friday afternoon. ”My office was actively prioritizing the Lobley case, identifying him as a high-risk offender and reviewing his file as part of our Project Safe Neighborhoods state-federal partnership.
“Even though Lobley was a first-time offender, his case had been accepted for federal prosecution. This is consistent with my firm belief, made a part of our “V11” violent crime initiative, that individuals found with stolen cars and guns, or found with Glock switches, can pose a danger and must be dealt with accordingly.”
Mulroy said once he heard of the shooting, he promptly called the Tennessee Bureau of Investigation to handle the case.
“I’m outraged and deeply saddened by Officer Joseph McKinney’s passing and extend my heartfelt condolences to his family, loved ones, and colleagues at MPD,” Mulroy said.
On Friday afternoon, Memphis Mayor Paul Young called for “tough love” in criminal sentencing.
“Together, let’s petition our judges and the DA for stronger, swifter sentencing for violent offenses,” he said in his weekly email address to citizens. “If you are part of the judicial system, hear my voice first. We need to work together to do better for our community.
“Enough is enough. We simply must do more to hold violent offenders accountable, even when they are teenagers. We must do more to protect our community — our entire community.
“We must demand tougher gun laws. We must demand sentencing that mirrors our love for our community. Sometimes, that love needs to be tough love.”
“Officer Joseph McKinney chose to wear the Memphis Police Department uniform. He chose to serve his city. On his behalf, and in honor of the choices made by every man and woman who wears the uniform, I ask you to join me in action. Let’s make certain that Officer Joseph McKinney’s brave choices stand for something greater.”
Reactions of grief, sympathy, and anger mounted Friday morning as new details emerged about a shootout early Friday morning that left one officer and one suspect dead, and three others injured.
Memphis Police Department (MPD) officer Joseph McKinney was killed in the event in Whitehaven. He died at Regional One Health Friday morning. He had been assigned to the Raines Road station.
Three officers investigated a suspicious vehicle around 2 a.m. near Horn Lake and Charter Roads. Two suspects opened fire as police approached the vehicle.
McKinney was shot and killed. Another officer was shot and taken to Regional One and is now in non-ciritcal condition. The third officer was grazed by a bullet, treated on the scene, and is in stable condition.
Both suspects, 18 and 17, sustained gunfire and both were taken to Regional One. The 18-year-old suspect died at the hospital. The other was in critical condition as of Friday morning. MPD did not release the names of the suspects.
The 18-year old-suspect was arrested by MPD in March 2024, according to police chief Cerelyn Davis. He was in a stolen vehicle and carried an illegal modified semi-automatic weapon with a Glock switch attached. The switch converted the weapon to a fully automatic machine gun. He was also charged at that time for two stolen vehicles and having a programming device commonly used to steal cars, Davis said. The suspect was released at that time without bond.
Reactions from leaders have poured out online:
Maria & I are deeply saddened by the death of Memphis Police Officer Joseph McKinney while serving in the line of duty.
Our prayers are with Officer McKinney’s family, the recovering officers & the Memphis law enforcement community.
Please join me in praying for the family of Officer Joseph McKinney, who was murdered in the line of duty last night in Memphis. Please also join me in prayer for the other officers and their families who were wounded.
— Representative John Gillespie (@repgillespie) April 12, 2024
“I was deeply grieved upon hearing the news that Memphis police officer Joseph McKinney lost his life during a shooting incident this morning in south Memphis. On behalf of all the men and women of the Shelby County Sheriff’s Office, I offer our prayers and deepest condolences to… pic.twitter.com/uXWYR8A6Mc
Our prayers are with the family, friends, and colleagues of fallen Memphis Police Officer Joseph McKinney as well as the officers injured in the line of fire last night.
Our office stands with our law enforcement community and the City of Memphis, and we pray for a swift… pic.twitter.com/XzuAu2fIwj
I am heartbroken to hear the news of the death of Memphis Police Officer Joseph McKinney. Chrissy and I are praying for his family and loved ones during this difficult time. https://t.co/TS2O9aPy9b
Roberta and I are deeply saddened to hear about the passing of MPD Officer Joseph McKinney. Please join us in praying for the swift recovery of the two additional officers who were shot in the line of duty this morning.
During this time, Officer McKinney’s family and the entire…
“This morning MPD Officer Joseph McKinney was killed by gunfire that also injured two of his colleagues,” Akbari said. “Additionally, an 18-year-old is dead and a 17-year-old is in the hospital. Our community is hurting again after another act of senseless gun violence. In this moment, we need to lift up the MPD and the families who are grieving and then come together in finding ways to stop the next tragedy.”
Congressman Steve Cohen (TN-9) issued the following statement:
“I am deeply saddened to hear of the death of Officer McKinney, shot in the line of duty this morning,” he said. “Police officers protect society and put their lives in jeopardy every day. Police officers have difficult, often dangerous jobs. We need to keep working to provide them with the resources they need to work as safely as possible.
“I want to express my condolences to Officer McKinney’s family and friends, and my sorrow to the families of the officers injured in this terrible incident.”
