As promised, Guns Owners of America (GOA) and others sued the city of Memphis to block from ever becoming law gun-control referenda items passed by an overwhelming majority of voters.
The gun rights groups promised a lawsuit on the ballot referenda before the election. It filed the lawsuit in Circuit Court in Memphis on Wednesday.
The suit’s core argument is that the Memphis City Council, who put the questions on the November ballot, did so “in blatant contravention of Tennessee’s preemption law.” With this, the measures are “invalid and void.”
The GOA joined the suit with Memphian Ty Timmerman, the Gun Owners Foundation, and the Tennessee Firearms Association (TFA). Timmerman is a member of the GOA and the TFA. The suit says he carries a handgun for protection in the city and in his vehicle with no permit, which is legal under the state’s permitless carry law. He also owns a number of semiautomatic rifles, especially noting he owns an AR-15.
Timmerman, the suit says, wants to keep carrying his handguns and collect more semiautomatic rifles. The GOA argues Timmerman will be “adversely affected” by the city’s proposed gun-control rules.
“Tennessee has one of the strongest preemption laws in the nation, and the very reason it exists is to prevent radical anti-gun cities from enacting the very sort of draconian policies Memphis just ‘adopted,’” said Erich Pratt, GOA’s senior vice president. “We are hopeful that Tennessee courts will quickly block this insubordinate violation of state law.”
City council chairman JB Smiley Jr. said none of the agencies who sued are from Memphis, called the lawsuit “short-sighted and “ill-conceived,” and said it is “not against the city of Memphis, but against the people who call it home.” At best, the GOA’s opposition is based on “flawed” logic, he said. At worst, the suit could lead to “record-breaking homicides.”
“Opposition to gun reform, and consequently this lawsuit, is deadly, dangerous, and disrespectful to the people of Memphis, whom this will directly impact long after these out-of-state entities leave,” Smiley said in a statement posted to X Thursday. “But, here’s what I know — when you come against the people of the 901 and when you try to silence our voice, we stand up and defend our neighbors and our values every single time. We must continue [to] take a stand against anything that would stand in our way of achieving that.”
Along with the suit, the GOA posted a YouTube video titled, “We’re Suing Memphis.” It shows Smiley saying that should the body be sued, “in the words of our attorney [Allan] Wade, ‘Tell them to bring it on. We’ll fight about it in court.’” The video then shows a photo of Memphis Police Department Chief Cerelyn Davis set to funky music, and video of Bill Hader dancing and making faces cut from a Saturday Night Live sketch.
“Memphis voters overwhelmingly chose to strip their fellow citizens of their fundamental rights, and now city officials, knowing full well these ordinances will patently violate Tennessee law, are planning to implement them,” said Chris Stone, GOA’s director of state and local affairs. “This is unacceptable, and we are eager to fight back.”
The suit seeks the blocking of enforcement of the ordinances, a statement making the rules invalid, and damages, court costs, and legal fees.
Democrats Johnson, Huseth at High Point (Photos: Jackson Baker)
As was surely to be expected, the next-to-last weekend of the climactic 2024 election campaign was filled with feverish activity of various kinds — with early voting into its second week and candidates trying to get as many of their partisans as possible to the polls.
A case in point was a pair of events involving Gloria Johnson, the Knoxville Democrat who is trying to unseat incumbent Republican Senator Marsha Blackburn.
Johnson, the state representative who gained national attention last year as a member of the “Tennessee Three” proponents of gun-safety legislation, has raised some $7 million for her bid — almost all of it from in-state sources, she contended proudly.
While that is no match for the incumbent’s $17 million or so, it has been enough to buy Johnson a series of concise and well-produced TV spots pinpointing Blackburn’s alleged shortcomings. And it even gives her some of the kind of influence that politicians call coattails.
Opponents Nordstrom and White at Belly Acres
Johnson was in Shelby County on Saturday, sharing time with two other Democrats, District 83 state House candidate Noah Nordstrom (like Johnson a public schoolteacher) and District 97 House candidate Jesse Huseth.
The first event was a joint rally with Nordstrom and state Democratic chair Hendrell Remus just outside the perimeter of the New Bethel Missionary Baptist early-voting station. Next, Johnson met up with Huseth at High Point Grocery for some joint canvassing efforts, after which Huseth, who opposes GOP incumbent John Gillespie, set out on some door-to-door calls on residents in that western part of his district.
The most unusual pre-election event on Saturday didn’t involve Johnson, nor was it, in the strictest sense, a partisan event at all. It was a meet-and-greet at the Belly Acres restaurant in East Memphis involving both Nordstrom and his GOP adversary, incumbent Republican state Representative Mark White.
Not a debate between the two, mind you. A joint meet-and-greet, at which both candidates circulated among the members of a sizeable crowd, spending conversational time with the attendees and with each other.
The event was the brainchild of one Philip D. Hicks, impresario of something called the Independent Foundation for Political Effectiveness. Hicks says he hopes the Nordstrom-White encounter, his organization’s maiden effort, can serve as a precedent for other such joint candidate efforts to come — presumably in future election seasons.
Inasmuch as political competition is, by its nature, an adversarial process, it’s somewhat difficult to imagine such events becoming commonplace, but, all things considered, this first one went amazingly well.
It wasn’t the same kind of thing at all, but there were elements of such collegiality between potential election opponents at an earlier event, a meeting of the Germantown Democratic Club at Coletta’s on Appling Road during the previous week.
That event included Memphis City Council Chair JB Smiley as its featured speaker, and Smiley, who is reliably reported to be thinking of a race for Shelby County mayor in 2026, spent a fair amount of time comparing notes on public matters (e.g., MLGW, the future of the erstwhile Sheraton Hotel) with attendee J.W. Gibson, a businessman who has basically already declared for that office.
JB Smiley at Germantown Democrats’ picnic (Photo: Jackson Baker)
Most people are familiar with an adage, often attributed to the late Speaker of the U.S. House Tip O’Neill, that “all politics is local.”
Until it isn’t.
Tennesseans are becoming uncomfortably aware that state government is muscling into as many local government prerogatives as possible — in areas ranging from education to healthcare to social policy to, increasingly, law enforcement.
A number of current circumstances reflect what seems to be a war of attrition waged at the state level against the right of Memphis and Shelby County to pursue independent law-and-order initiatives.
Memphis City Council chairman JB Smiley spoke to the matter Sunday at the annual picnic of the Germantown Democratic Club at Cameron Brown Park.
Said Smiley: “You know, recently, I’ve been, against my will, going back and forth with someone in the statehouse who doesn’t care for Shelby County called Cameron Sexton. Yeah, he doesn’t believe that Shelby County has the right to exercise its voice.“
Sexton, of course, is the Republican speaker of the state House of Representatives who recently threatened to withhold from Memphis its share of some vital state revenues in retaliation for the city’s inclusion on the November 5th ballot of a referendum package soliciting citizens’ views on possible future firearms curbs.
The package lists three initiatives — a reinstatement of gun-carry permits, a ban on the sale of assault rifles, and the right of judges to impose “red-flag” laws against the possession of weapons by demonstrably risky individuals.
All the initiatives are in the form of “trigger laws,” which would be activated only if and when state policy might allow the local options. As Smiley noted, “That’s what the state did when they disagreed with the federal government when it came to abortion rights. As soon as the law changed in the country, [their] law became full and effective. That’s what we’re going to do in the city of Memphis.”
Simultaneous with this ongoing showdown between city and state has been a determined effort by Republican state Senator Brent Taylor and others to pass state laws restricting the prerogatives of local Criminal Court judges and Shelby County District Attorney Steve Mulroy.
One piece of Taylor-sponsored legislation, passed last year, would transfer authority over capital punishment appeals from the DA to the state attorney general. Litigation against the law pursued by Mulroy and an affected defendant resulted in the measure’s being declared unconstitutional in trial court.
But the state Appeals Court reversed that judgment last week, seemingly revalidating the law and causing Taylor to crow in a social media post over what he deemed a personal victory over Mulroy, whom he accused of wanting to “let criminals off of death row” and whose ouster he has vowed to pursue in the legislature.
The fact is, however, that there will be one more review of the measure, by the state Supreme Court, before its ultimate status is made clear.
Some of the immediate media coverage of the matter tended to play up Taylor’s declaration of victory over Mulroy, ignoring the ongoing aspects of the litigation and overlooking obvious nuances.
One TV outlet erroneously reported the Appeals Court as having found Mulroy guilty of “inappropriate” conduct when the court had merely speculated on the legalistic point of whether the DA had appropriate standing as a plaintiff (a point that was conceded, incidentally, by the state Attorney General).
Mulroy’s reaction to the Appeals Court finding focused on the issue as having to do with governance: “The Tennessee Constitution says local voters get to elect a local resident DA to represent them in court. This law transfers power over the most serious cases, death penalty cases, from locally elected DAs across the state to one unelected state official half a state away. This should concern anyone, regardless of party, who cares about local control and state overreach.”
It is no accident that many savants in the legal/political universe regard the 1962 Baker v. Carr decision of the U.S. Supreme Court to be second to none among landmark judicial decisions.
This decision was brought on by a suit from Charles Baker, chairman of what was then the Shelby County Court, precursor of the present Shelby County Commission. On behalf of Shelby County, rapidly urbanizing at the time, as was the nation as a whole, Baker sought relief from un-democratic districting guidelines imposed by the state of Tennessee that unduly favored the state’s rural population.
The court held in essence that the Fourteenth Amendment required that the principle of one person-one vote be applied in the determination of legislative district lines.
While the decision had immediate and lasting repercussions on determining matters of voter eligibility, both in Tennessee and elsewhere in the nation, it has by no means eliminated gerrymandering based on partisan politics (e.g. witness the Republican legislative supermajority’s strip-mining away of Democratic Party rights in Nashville’s Fifth Congressional District), nor has it much diminished the edgy relationship between urban and rural interests in policy-making.
The latter issue has flared up again in the quarrel over whether Memphis voters should be allowed to vote their preference on several gun-control measures embedded in a referendum proposed by the city council but now endangered by the action of the county Election Commission in removing it from the November ballot.
In so acting, the Election Commission — dominated 3-2 by GOP members according to state mandate — has clearly responded to overt threats from the state’s Republican leadership to withhold from the city some $78 million in state revenues, if the referendum should go through as scheduled.
This was some of the “stiff resistance” promised by House Speaker Cameron Sexton, who articulated things this way: “Local governments who want to be progressive and evade state laws will lose shared sales tax funding.” The speaker likened the city’s referendum plans to “subversive attempts to adopt sanctuary cities [and] allow boys in girls’ sports.”
Some Memphians were expressing concern that the state’s retribution could also be visited on various large local projects dependent on previously pledged state subsidies, like those involving the zoo, FedExForum, and Simmons Bank Liberty Stadium.
It is worth recalling the actual import of the endangered referendum, authorized earlier by the council’s unanimous vote. In the words of its chief sponsor Councilman Jeff Warren, “Memphis voters will be asked whether they approve amending the city’s charter to require a handgun permit, restrict the storage of guns in vehicles in many cases, ban assault weapons sales after January 1, 2025, and enact extreme risk protection orders, sometimes called Red Flag Laws.”
All the referendum would do is solicit voter opinion, it would seem. Sexton chooses to see it otherwise, as a direct challenge to state authority.
Whichever interpretation is correct, the ongoing confrontation between city and state over a host of policy matters, of which gun safety is only one, is rising to fever pitch, as evidenced the rhetoric employed last week by Council Chair JB Smiley and various supportive council members, who announced their intent to sue the Election Commission to reinstate the ballot measure.
“Memphis has been shot and is bleeding out,” said Councilwoman Jerri Green. “We won’t back down, and we damn sure won’t be bullied,” proclaimed Smiley.
Memphis Mayor Paul Young meanwhile seemed to be trying to position himself at the nonexistent calm center, saying he understood the council’s “frustration” but expressing the view that the referendum ultimately would be “futile.”
Rep. Justin J. Pearson, D-Memphis, holding sign, gestures to House Majority Leader William Lamberth, R-Portland, on the left and pictured from the rear, while Rep. Jason Zachary, R-Knoxville, turns to the camera on August 29, 2023 in Nashville, Tenn. (Photo: John Partipilo)
Tennessee’s House and Senate speakers are threatening to punish Memphis by cutting its share of sales tax revenue — more than $75 million — if the city puts referendums on the November ballot restricting weapons, a move likely to force Memphis to sue the state.
Continuing a feud with the Democratic-controlled Bluff City, Republican leaders House Speaker Cameron Sexton (R-Crossville) and Lt. Gov. Randy McNally (R-Oak Ridge), announced Monday in a news release the legislature “will not tolerate any attempts to go rogue and perform political sideshows.” Their statement says they plan to withhold state shared sales tax to any local government that tries to circumvent state laws.
The speakers’ move comes in response to referendums set for Memphis’ November ballot asking voters whether they approve amendments to the city charter requiring a handgun permit, restrictions on gun storage in cars, an assault weapons ban after Jan. 1, and authority to enact extreme risk protections orders often referred to as red flag laws.
Following the Republican leaders statements, Tennessee Secretary of State Tre Hargett said his office won’t allow the referendums, all but guaranteeing a lawsuit, according to multiple reports.
A Monday letter to Shelby County Commission Chairman Mark Luttrell from Tennessee Elections Administrator Mark Goins says state law preempts firearms regulation and extreme orders of protection from local ordinances and leaves “no authority” for the city of Memphis to propose charter amendments on them, thus any referendum would be “facially void and cannot be placed on the ballot.”
But Memphis City Council chairman JB Smiley said Monday, “We believe we’re right on the law.” If the council gives him the authority, he said he will instruct the city’s attorney to file for a declaratory judgment in Chancery Court to put the questions on the ballot.
House Speaker Cameron Sexton during the start of 2024 legislative session on January 9, 2024 in Nashville, Tenn. (Photo: John Partipilo)
Memphis City Councilman Jeff Warren, who sponsored the referendum resolutions, said he believes Sexton and McNally are confused on the issue, because the referendums would be “enabling” measures that couldn’t take effect without the approval from state lawmakers. Smiley agrees with Warren, saying the council would have to act on the referendums, too.
“What we’re hoping will happen is the state legislature will look at this and say, … ‘They’re trying to combat their violent crime by being able to do something about these people with these guns that don’t need them and are using them to commit crimes,” Warren said.
The local government would be able to enforce those resolutions only with state backing, he said.
Warren, a physician by trade, noted people in rural areas are more likely to need weapons to protect crops and livestock from varmints, but that the situation is different in urban areas such as Memphis, where people are “driving around in cars, doing donuts with AK-47s hanging out the car.”
Still, the House Speaker’s Office contends Memphis shouldn’t be trying to pass such measures if they don’t have the effect of law. It further believes they are a tactic to drive voter turnout in November, possibly affecting Republicans with marginal support such as Rep. John Gillespie (R-Memphis).
“With the recent actions of the progressive, soft-on-crime (district attorney) in Shelby County and the Memphis City Council’s continued efforts to override state law with local measures, we feel it has become necessary to take action and protect all Tennesseans’ rights and liberties. We hope they will change course immediately,” Sexton said in the statement.
McNally echoed the sentiment, saying, “The Tennessee Constitution clearly outlines the roles and responsibilities of the state and local governments. Shelby County needs to understand that despite their hopes and wishes to the contrary, they are constrained by these explicit constitutional guardrails.”
The Republican-controlled legislature has declined to pass any such proposals the past two years despite a mass shooting at The Covenant School in Nashville where six people, including three 9-year-olds, were killed in March 2023.
Memphis leaders say they’re searching for a solution to an “epidemic” of gun violence that escalated after the state’s General Assembly passed a permit-less handgun carry law.
Memphis Council member JB Smiley, Jr. (Photo: John Partipilo)
Memphis City Council chairman Smiley, co-sponsor of the referendums, said the legislature can’t legally withhold Memphis and Shelby County tax revenue.
Smiley contended “it’s anti-democratic if we don’t want to listen to the people,” and noted the council’s actions have not violated state law. He called the speakers’ statements “premature.”
“If they believe they’re within their right to withhold tax revenue that’s duly owed to the city of Memphis, we would like to see what the judges say,” Smiley said, predicting such action by the legislature would be found unconstitutional.
The state lost a handful of court battles with Nashville over the past two years after trying to control Davidson County’s sports, airport, and fairground authorities, in addition to cutting the number of Metro Council members from 40 to 20.
Republican state lawmakers have been at odds with Memphis Democrats for several years and passed a measure earlier this session turning back a Memphis ordinance designed to stop police from making “pretextual” traffic stops for minor violations that can lead to confrontations. The council approved that measure in response to the death of Tyre Nichols who died after being beaten by five Memphis police officers when he was stopped for reckless driving in January 2023.
In addition, Sexton and Republican Sen. Brent Taylor (R-Memphis) are trying to oust Shelby County District Attorney General Steve Mulroy, a Democrat, claiming he isn’t prosecuting criminal suspects effectively. Even so, the latest reports show the crime rate dropped in Memphis over the last year.
State Rep. Justin J. Pearson (D-Memphis) said the withholding of state tax dollars would lead to a lawsuit. Pearson was one of two lawmakers expelled from the legislature for leading a protest on the House floor for stricter gun laws in 2023 in response to The Covenant School shooting. The Shelby County Commission returned him to the General Assembly a week later.
Pearson contends Sexton and McNally “can’t help themselves but to unconstitutionally and anti-constitutionally reach into local governments’ matters.” The freshman lawmaker called their announcement “ridiculous, reckless and racist” and also referred to their actions as “tyrannical and authoritarian.”
He noted Sexton is now saying a “majority Black city can’t self-govern” after having him and Rep. Justin Jones (D-Nashville), both young Black men, expelled from the state General Assembly.
Pearson pointed out the nation was founded on the concept of “no taxation without representation” but that the speakers want to take Memphis’ state shared tax dollars because of the possibility that city voters could disagree with them about gun laws.
Sen. London Lamar (D-Memphis) accused Republican lawmakers of “dismantling” gun laws and allowing weapons to “flood” the state while “turning a blind eye” to the impact on families and neighborhoods. Under Republican Gov. Bill Lee’s leadership, the legislature passed a permit-less handgun carry law, and the age was lowered to 18 as the result of a settlement between the state attorney general and a group that sued the state.
Gunshot wounds are now the leading cause of death for Tennessee children, she said.
“The ballot reforms being considered by Memphis voters are common-sense measures designed to curb this epidemic of violence,” Lamar said. “Our community is crying out for solutions, and instead of being met with support, we’re facing intimidation from state politicians who should be our partners in ensuring safety and justice.”
House Minority Leader Karen Camper (D-Memphis) also blasted the speakers’ move, pointing out Shelby County generated $2 billion in sales tax revenue last year.
“To suggest that these vital funds could be withheld over a local decision aimed at ensuring public safety is shortsighted and counterproductive,” she said in a letter to McNally and Sexton.
Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and X.
Maura Black Sullivan (Photo: Courtesy Maura Black Sullivan)
The Memphis Flyer has confirmed that Mayor Paul Young and a veteran public official now serving in Nashville are in continuing conversations about her possible employment here. This would be Maura Black Sullivan, a native Memphian who now holds the position of chief operating officer of Nashville Public Schools.
Sullivan, who previously served as COO for former Memphis Mayor AC Wharton and later for former Chattanooga Mayor Andy Berke, confirmed that conversations with Young are ongoing for the position of his chief administrative officer.
On Tuesday of this week, the city council was prepared to deal with some unfinished business — including a controversial healthcare allowance for council members of two terms’ service or more, and a decision on yet another mayoral appointment — this one of public works director Robert Knecht.
A vote on Knecht, whom Mayor Paul Young submitted for renomination week before last, was deferred after council chairman JB Smiley publicly criticized Knecht for “attitude” issues and asked for the deferral.
Several of Young’s cabinet choices were viewed negatively by Smiley and other council members — notably Police Chief CJ Davis, whose reappointment the council narrowly rejected via a 7-6 vote. (She was later given an interim appointment by Young, pending a later reexamination by the council.)
Another issue with several council members has been unease at the mayor’s inability so far to complete his team with credentialed new appointees in other positions. He has not yet named permanent appointees for the key positions of chief operating officer and chief financial officer, for example.
That circumstance could change soon. Sullivan is frank to say that she has not been in a job search, enjoys her present circumstances in Nashville, and has made no decision to leave them, but acknowledges that a possible return to Memphis would be attractive as well.
Sullivan is the daughter of the late Dave Black, a featured radio broadcaster of many years in Memphis, and the late Kay Pittman Black, who was a well-known journalist and government employee here.
• With Governor Bill Lee’s appointment this week of Mary L. Wagner to the Tennessee Supreme Court, the state’s high court continues with an unmistakably red hue politically.
As a judicial candidate in her two elections as a Circuit Court judge in Shelby County, Wagner campaigned without ideological inflection and enjoyed relatively diverse support, and there was no hint of political bias in her judgments. But her background was that of a Republican activist, and she both was a member of the right-leaning Federalist Society and served a term as chair of the Shelby County Republican Party.
In appointing Wagner, Lee said, “Her understanding and respect for the rule of law and commitment to the conservative principles of judicial restraint make her well-suited for the state’s highest court, and I am proud to appoint her to this position.”
Technically, Wagner is a justice-designate. The justice she was named to succeed, Roger Page,will keep his position for some months.
• District Attorney Steve Mulroy was in a celebratory mood last Monday evening after the Shelby County Commission voted unanimously — except for three abstentions — to pass an ordinance imposing guidelines ensuring that all members of his office, whether their technical employment is by the county or by the state, are paid according to the same pay scale.
As a county official, Mulroy had recently trimmed his own pay according to the lower county rate. He has now restored the voluntary pay cut.
Update: After our print deadline, Mayor Young clarified to the Flyer: “I can confirm that we had early talks with Maura Sullivan about a different position with the Young administration, not the COO/CAO position. We have a strong leader currently acting in the COO role who has my full faith and confidence.”
The mayor’s spokesperson/CCO, Penelope Huston, added: “The role we initially discussed was a high level position on the Mayor’s cabinet. And while talks about that position haven’t continued, we do have an ongoing dialogue with her and many others who we consider allies in the work of creating a stronger Memphis.”
The Memphis Flyer has confirmed that Mayor Paul Young and a veteran public official now serving in Nashville are in continuing conversations about her possible employment here. This would be Maura Black Sullivan, a native Memphian who now holds the position of chief operating officer of Nashville Public Schools.
Sullivan, who previously served as deputy COO for former Memphis Mayor AC Wharton and later COO for former Chattanooga Mayor Andy Berke, confirmed that conversations with Young are ongoing for the position of his chief administrative officer.
On Tuesday of this week, the city council will deal with more unfinished business — including a controversial health care allowance for council members of two terms’ service or more, and a decision on yet another mayoral appointment — this one of public works director Robert Knecht.
A vote on Knecht, whom Mayor Paul Young submitted for renomination week before last, was deferred after council chairman JB Smiley publicly criticized Knecht for “attitude” issues and asked for the deferral.
Several of Young’s cabinet choices were viewed negatively by Smiley and other council members — notably police chief C.J. Davis, whose reappointment the council narrowly rejected via a 7-6 vote. (She was later given an interim apoointment by Young, pending a later reexamination by the council.)
An issue with several council members as well has been unease at the Mayor’s inability so far to complete his team with credentialed new appointees in other positions. He has not yet named permanent appointees for the key positions of chief operating officer and chief financial officer, for example.
That circumstance could change soon. Sullivan is frank to say that she has not been in a job search, enjoys her present circumstances in Nashville and has made no decision to leave them, but acknowledges that a possible return to Memphis would be attractive as well.”
Sullivan is the daughter of the late Dave Black, a featured radio broadcaster of many years in Memphis, and the late Kay Pittman Black, who was a well-known journalist and government employee here.
She is married to another former Memphian, Jeff Sullivan. The couple have a son, Jack, who is a student at Rhodes College.
Update: Since publishing this article online, Mayor Young clarified to the Flyer: “I can confirm that we had early talks with Maura Sullivan about a different position with the Young administration, not the COO/CAO position. We have a strong leader currently acting in the COO role who has my full faith and confidence.”
The mayor’s spokesperson/CCO, Penelope Huston, added: “The role we initially discussed was a high level position on the Mayor’s cabinet. And while talks about that position haven’t continued, we do have an ongoing dialogue with her and many others who we consider allies in the work of creating a stronger Memphis.”
When Judge Jayne Chandler (r) swore in Councilman Jeff Warren in early January, host and witness for the special ceremony was the iconic late former school board member Sara Lewis. It was her final official act. (Photo: Courtesy Jeff Warren)
The forced reaction of Mayor Paul Young in his interim appointment of Memphis Police Chief CJ Davis, coupled with the city council’s action this past Tuesday to defer action on reappointing Public Works Director Robert Knecht, suggests an emergent balkanization of power in the affairs of the newly installed city government.
Council chair JB Smiley has made it clear that he intends to position the council — and himself — as a counterbalance to mayoral authority. Smiley, who had taken the lead in the first deferral of action on Davis three weeks ago, reinforced his assertiveness last Tuesday in dressing down Knecht for “attitude” and alleged insularity and leading the council to postpone a vote on Knecht’s reappointment for two more weeks.
“Make sure you respond when we come calling on you,” was the thrust of Smiley’s message to Knecht. The contrast between Smiley’s firmness and Knecht’s docility was instructive.
And individual council members have their own axes to grind.
Councilman Jeff Warren, sponsor of the imminent council resolution that Young had to preempt and emulate in his interim appointment of Davis, has affirmed his position at the nexus of authority. Newcomer Jerri Green’s strong questioning of Davis underscored her determination to be a voice to reckon with.
Another new council member, previously seen as an unknown quantity, is Yolanda Cooper-Sutton, who has made a point of her intention to base her votes on her own independent researches. Yet another first-termed, Pearl Eva Walker, has to be regarded as a potential exponent of an abundant number of activist causes, including a reexamination of Memphis’ issues with TVA.
And so forth and so on. As the old saw goes: All have won, and all must have prizes. Young, who has yet to get his legs fully down, will be hard put to maintain the strong-mayor authority the city charter entitles him to — especially given a belated air of pushback against the relatively free hand enjoyed by former mayor Jim Strickland.
Not to be ignored, either, is the likely enhancement of self-interested power groups in the community. A key moment in the (temporary) resolution of the Davis matter was a come-to-Jesus meeting between Mayor Young and members of the Memphis Police Association on the Monday before the last council session.
The gathered police folk made it clear that they wanted more attention to their concerns that they had been used to in law-enforcement matters.
The bottom line is that rosy rhetoric does not apply to Davis’ case. Nor to her boss’. One noted pundit has hailed the interim appointment as a salvific opportunity for all the sides to get together in constructive kumbaya. The fact is, to employ the right existential terminology, Davis is in a form of purgatory and has, at best, an opportunity to expurgate herself. Meanwhile, she has to bear the ill-defined stigmata of public doubt. And so, sadly, must the mayor, as he still struggles to launch his mayoralty.
Some are already suggesting that Chief Davis might make her best contribution to the city’s welfare — and to her boss’ and to her own — by arranging for a graceful, voluntary withdrawal.
It isn’t necessarily momentous that Mayor Paul Young will face a delay in having his newly announced appointments approved by the city council. But it isn’t incidental or meaningless, either.
As the week began, it had become common knowledge that, upon their formal presentation to the council last Tuesday, the courtesy of “same-night minutes” was likely to be denied to some — if not all — of the appointees.
“Same-night minutes” is the shorthand for a parliamentary process whereby actions taken by the council in a given session are approved by an immediate second vote by the council to become instantly effective and to avoid follow-up action at the group’s next regular meeting, when the minutes of the preceding meeting would normally get formal approval. It’s a “hurry-up” process, as a means of hastening the effective date of a council action, making it, in effect, instantaneous. It is employed when the avoidance of any delay is considered a paramount factor.
The process is also invoked, as previously suggested, as a courtesy of sorts — as in the case of most mayoral appointments.
CJ Davis (Photo: City of Memphis)
As it happens, the Young appointees were to be presented to the council almost a year to the day from that awful moment in January 2023 when Tyre Nichols was beaten to death by an out-of-control unit of the SCORPION task force, which had been created by Memphis Police Chief CJ Davis as a would-be elite enforcement element of the Memphis Police Department.
That fact, along with the well-known circumstance of an increased rate of violent crime in Memphis during the last year and the MPD’s status under a Department of Justice investigation, is enough to have flagged Davis’ reappointment for special attention.
It was clear when Davis spoke to the Rotary Club in November that she — and her mayoral sponsor — wanted to regard her appointment as a certainty. She prescribed a year’s worth of policy points with the air of one who could speak to their achievement. Yet there was something vague, tentative, and not quite jelled about her presentation — as there was when she recapped her intentions again last week at a crime summit called by Young.
Meanwhile, there was head-scratching at City Hall as to Young’s inability — or indecision — regarding his naming of a COO and a CFO, though he had reportedly scoured the city governments of Nashville and Chattanooga for prospects.
The resultant highlighting of Davis’ appointment against a backdrop of Strickland-era retainees left his cabinet-level choices looking somehow incomplete and provisional.
JB Smiley (Photo: City of Memphis)
Pointedly, council chairman JB Smiley, determined, it would seem, to assert council prerogatives, began running a poll on X to gauge public acceptability of Davis’ appointment, and no council members have seemed anything but resolute when sounding out on the issue.
None of this augurs well for a new administration which is still seen — at best — as enveloped with an aura of the unknown and untested.
It remains to be seen whether the situation reflects more of a sense of unreadiness on the part of the new regime or an aroused determination on the council’s part to assert its own authority.
Either way, it certainly amounts to a rough start.
Mayoral candidate
J.W. Gibson at last weekend’s Sidney Chism picnic (Photo: Jackson Baker)
Businessman J.W. Gibson is reportedly getting ready to retool his mayoral campaign with help from veteran political consultant Susan Adler Thorp. Polls indicate that Gibson’s campaign has never really gotten off the ground. Nor has his initial slogan suggesting that Memphis needs a “new tune.”
And the professional respect Gibson enjoys as a result of his long-term philanthropic and developmental activities has not been general enough to have earned him much name recognition with the public. Despite a distinguished and vaguely mayoral appearance, he has also struggled to stand out at the many collective forums and meet-and-greets he has been a presence at.
With just under four months left before election day, Gibson, who has abundant private resources, could still make an impact, but only if he finds a viable message and can popularize it. Almost uniquely in the crowded mayoral field, he has expressed openness to the idea of a possible property tax increase.
• Among observers who are closely following the mayoral race, there is a difference of opinion as to whether there are three main contenders so far — Sheriff Floyd Bonner, Downtown Memphis Commission CEO Paul Young, and NAACP president and former County Commissioner Van Turner — or four —those three, plus former longtime Mayor Willie Herenton.
Everyone acknowledges that Herenton, who has led at least one unofficial poll, has a dependable voting bloc, based on his long mayoral tenure and, especially, his precedent-establishing 1991 victory as the city’s first elected Black chief executive. Some wonder if his budget, expected to be minimal, will allow for a serious stretch run.
Bonner and Young won’t have such worries. Both have cash-on-hand holdings in the vicinity of half a million dollars. And Turner, whose purse at this point is roughly a third of that amount, has a long-established base of dependable supporters.
• As has long been expected, former City Councilman Berlin Boyd has pulled a petition to run for the open Super District 8, Position 3, seat held for the past two terms by Council Chairman Martavius Jones, who is term-limited.
Boyd’s name had also turned up on the petition list for Super District 8, Position 1 — something the once and possibly future councilman attributes to an error by one of his staff members. Boyd says he never had any intention of running against the 8-1 incumbent, JB Smiley, a friend, and he has done the paperwork to nullify that prospect. (He also denies a previously published report that he might take another crack at District 7, currently occupied by Michalyn Easter-Thomas, who in 2019 ousted then-incumbent Boyd in a runoff.)
Boyd has, however, considered the “back-up” idea of running for Super District 8, Position 2, a seat being eyed by several others, who take seriously a rumor that incumbent Cheyenne Johnson will not end up being a candidate for re-election. But, he says, “I’m 99 percent sure I’ll be running for Position 3.” Eight other people have so far pulled petitions for Position 3.
• The aforementioned Smiley is one of four current holders of super district seats who, as of early this week, did not yet have declared opposition. The other fortunate ones were Chase Carlisle in Super District 9, Position 1, Ford Canale in 9-2, and Jeff Warren in 9-3.
