Tennessee is near the top for arresting people for cannabis and near the bottom for cannabis justice.
Those are the conclusions from Denver-based The Last Prisoner Project (LPP). The group is “dedicated to releasing every last cannabis prisoner and helping them rebuild their lives.” It works on drug policy and criminal justice reform to “redress the harms of the federal government’s so-called ‘War on Drugs.’”
The group said 14,426 people were arrested for cannabis in Tennessee in 2022, using the latest available data. The figure gives the state an arrest rate of .2 percent per the population. Cannabis arrests comprised 39 percent of all drug arrests in the state that year.
The Last Prisoner Project
This puts Tennessee near the top in two of these rankings. Only Texas arrested more people for cannabis that year (24,941). (But given that state’s huge population, the arrests rate was only .08 percent of its population.) Only Wisconsin had a higher arrest rate for cannabis (.22 percent). In Louisiana, 60 percent — more than half — of all drug arrests were for cannabis.
But LPP admits that any real figure to determine exactly how many people are locked up on cannabis charges will be “an educated guess” at best.
The Last Prisoner Project
“Unfortunately, thanks to our complex and oftentimes impenetrable hodgepodge of local, state, and federal criminal justice databases nobody — not even the federal government — is privy to that exact number,” reads a blog post from the group.
However, the group’s figures (and Tennessee’s cannabis arrest rates) aren’t plucked form the air. LPP relied on two separate Bureau of Justice Statistics reports reviewing incarcerated populations by drug-specific offenses. That is, the report counted all those behind bars for drugs and what drugs brought them there.
But the figure has to be low. Those reports don’t count those in local and county jails, juvenile detention facilities, and those held for pre-trial and pre-sentencing. Also, some facilities just don’t report to the feds like they should.
“Nearly 40 percent of law enforcement agencies around the country did not submit any data in 2021 to a newly revised FBI crime statistics collection program,” according to a study from The Marshall Project. Neither New York City nor Los Angeles reported to the FBI that year, for example.
The Last Prisoner Project
But the LPP can measure how well states help those previously incarcerated to find justice in the wake of either cannabis legalization or service of their time.
Don’t worry. Tennessee does terrible there, too. Its June report gave Tennessee a D- after earning 3 points. (California earned 25 points for scale.)
The Last Prisoner Project
“With no full legalization, no pardon policy, no avenues for resentencing, and extremely limited avenues for record clearance, Tennessee falls behind and offers virtually no relief for individuals impacted by past cannabis prohibition,” reads the report.
The Last Prisoner Project
The LPP gave Tennessee two points for a law passed in 2022 that allowed for some criminal records to be expunged. However, it wasn’t written specifically for cannabis and the LPP said, “this unfortunately means that cannabis offense are not expedited nor guaranteed.”
The state’s other point in the report came as the law does include broad eligibility for different levels of offenses. Tennessee scored points only in two of the report’s 16 categories.
Don’t worry. Mississippi and Arkansas scored a D-, too. However, both states got an extra point over Tennessee for having some sort of legalization and/or decriminalization process. Tennessee has neither.
From chemtrails to immigration, several new state laws took effect at the beginning of the month. Let’s have a look at a few examples of how state lawmakers changed the rules here this year.
Death for child rapists — Adults over the age of 18 now face the death penalty if they rape a child under the age of 12. 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).
However, in 2008, the U.S. Supreme Court said a similar idea from Louisiana was “not proportional punishment for the crime of child rape.” Johnson said he sponsored the legislation “in an effort to challenge the 2008 Supreme Court ruling.”
The Bible — The Bible — specifically the Aitken Bible — is a new state book. That version was the first published in the U.S.
State lawmakers have long flirted with the notion to make the Bible a state book but the bills to do it never passed. Conservatives bypassed much of the controversy to get it done this year by adding the Bible to a list of 10 other new, state books. That list included Alex Haley’s “Roots,” and Robert Penn Warren’s “All the President’s Men.”
Immigration — All law enforcement agencies and officials must now report “the immigration status of any individual” to the federal government. This includes the “knowledge that a particular alien is not lawfully present in the United States.”
“Chemtrails” — “It is documented that the federal government or other entities acting on the federal government’s behalf or at the federal government’s request may conduct geoengineering experiments by intentionally dispersing chemicals into the atmosphere, and those activities may occur within the State of Tennessee,” reads Senate Bill 2691.
It says geoengineering is is not “well understood.” So as of last week in Tennessee, “the intentional injection, release, or dispersion, by any means, of chemicals, chemical compounds, substances, or apparatus within the borders of this state into the atmosphere with the express purpose of affecting temperature, weather, or the intensity of the sunlight is prohibited.”
“Abortion trafficking” — A new law makes it illegal for an adult to recruit, harbor, or transport a pregnant “unemancipated minor” to conceal an abortion from their parents, helping them get an abortion no matter where it is performed, or getting an abortion-inducing drug for them. Those caught now face a Class A misdemeanor and “must be punished by imprisonment for 11 months and 29 days.”
The ELVIS Act — Gov. Bill Lee described the Ensuring Likeness Voice and Image Security Act (ELVIS Act) as “a bill updating Tennessee’s Protection of Personal Rights Act to include protections for songwriters, performers, and music industry professionals’ voice[s] from the misuse of artificial intelligence.”
“From Beale Street to Broadway, to Bristol and beyond, Tennessee is known for our rich artistic heritage that tells the story of our great state,” said Lee. “As the technology landscape evolves with artificial intelligence, I thank the General Assembly for its partnership in creating legal protection for our best-in-class artists and songwriters.”
Parent protections — The “Families’ Rights and Responsibilities Act” says no government agency or official can substantially burden “the fundamental rights of a parent as provided under this bill,” unless the government can prove it needs to step in.
These rights include “the upbringing of the child,” the “moral or religious training of the child,” all healthcare decisions, school choice (public, private, religious, or home school), excused absences from school attendance for religious purposes, consent before the collection of “any individual biometric data” like analysis of facial expressions, brain wave patterns, heart-rate, pulse, blood volume, blood, DNA, and more.
Tennessee lawmakers on the Joint Ad Hoc Committee to Review the Adequacy of the Supervision, Investigation, and Release of Criminal Defendants review prison release and sentencing policies at October 6 hearing (Photo: John Partipilo)
This article was originally published by The Lever, an investigative newsroom.
As states across the country adopt harsh new sentencing laws, private prison companies are celebrating, telling investors that they soon expect more people in their prisons — and even higher profits.
From Mississippi to California, many states have taken a decided “tough on crime” tack over the past two years in a strengthening backlash to criminal justice reform efforts in the wake of George Floyd’s murder in 2020. This year, Louisiana passed a package of harsh sentencing laws that will keep some people in prison for years longer. A new parole board in Mississippi is keeping people in prison for longer terms by denying early release. In March, Washington, D.C. enacted a sweeping anti-crime package.
These laws, advocates warn, threaten to reverse years of progress in the fight against mass incarceration. Instead, they would again trap people in prison for lengthy terms, ripping apart communities and exacerbating racial and socioeconomic inequality — while enriching the private firms that manage prisons and their shareholders.
Perhaps no state is more emblematic of the recent sentencing crackdown — and the private interests that stand to benefit — than Tennessee, where one of the world’s largest prison companies is headquartered.
Since 2022, lawmakers in Tennessee have fought to enact a slate of harsh sentencing laws that are expected to increase the state’s spending on incarceration by tens of millions of dollars annually. The key power brokers behind the legislation are also some of the top recipients of private prison company cash, The Lever found.
On May 28, Gov. Bill Lee signed the latest of these proposals into law, a bill that will end the use of so-called “sentence reduction credits,” which allow people incarcerated in Tennessee to serve shorter sentences as a reward for a clean record in prison. The law, which will only apply to future offenses, is projected by the state to result in a “significant increase” in spending on incarceration.
For the people locked up in Tennessee’s prison system, who are disproportionately poor and Black, this will mean, in some cases, they will spend years longer in a prison cell. There’s little evidence that longer sentences deter crime.
But the law does have at least one key beneficiary: Tennessee’s private prison contractor, CoreCivic, formerly the Corrections Corporation of America, one of the world’s largest prison companies, which will almost certainly see new profits as a direct result of the legislation. The company, which spends millions of dollars a year lobbying both in states and on a federal level, has begun telling its investors that harsh sentencing laws across the country will soon translate to bigger profits from the 70-plus prisons it runs nationwide.
“There has been a fair amount of activity both this year, and really the last two years, within state legislatures on adjustments to sentencing reform,” Damon Hininger, CoreCivic’s CEO, who has political aspirations in Tennessee, said in an earnings call last month.
Hininger said he expected this development to lead to “pretty significant increases” in prison populations — good news for the prison company, which is often paid by how many inmates are housed in prison at a given time. Already, he said, higher occupancy rates in CoreCivic-managed prisons had led to, in turn, “strong financial results” for investors.
Bianca Tylek, the executive director of Worth Rises, an advocacy organization that focuses on the harms of prison industries, called Hininger’s comments “brazen” and proof that the companies “don’t think people are listening.”
“It’s a real travesty that we’re allowing industry to shape what our carceral system looks like,” she said.
David Raybin, a criminal defense attorney in Nashville, has been fighting for sentencing reform in Tennessee since the 1970s. He has witnessed decades of ebbs and flows in sentencing policies. Yet the crackdown that Tennessee lawmakers have launched over the last two years is like nothing he’s ever seen before.
“Over time, it will have an enormous effect,” he said.
“It just absolutely increased the sentences tremendously,” Raybin said.
The 2022 law was just the beginning of Tennessee’s draconian sentencing crackdown. Last year, lawmakers proposed a “three-strike” bill requiring even harsher sentences for people with prior convictions. The legislation passed a key House committee last year but did not reach the governor’s desk, though it has continued to move forward in the Tennessee Senate this session.
Should the three-strike bill ultimately pass, it will require an entirely new prison to be built in Tennessee to house 1,400 more inmates, costing taxpayers at least $384 million.
In May, ignoring the outcry of criminal justice advocates around the state, Lee signed a bill that will largely end early release from prison, which inmates were able to earn through participation in educational programming and maintaining a clean record in the system.
Now, people in Tennessee’s prisons will only be released early on parole, which in the state is rarely granted. The effect will be to “keep people incarcerated longer,” said Matthew Charles, a Nashville-based policy advisor with Families Against Mandatory Minimums, a nonprofit that advocates for more just sentencing reform.
Lee also signed a new law this spring that will impose adult sentences on teenagers after they have served a juvenile sentence, which criminal justice reform advocates say will have “alarming” repercussions for youth in the state.
It will take several years before the full impact of the laws becomes clear as new cases wend their way through the courts.
“It’s not immediate,” said Dawn Deaner, the executive director of the Nashville organization Choosing Justice Initiative. She estimated that it would take more than five years to start to see the full effect of the new sentencing laws.
“But we’re going to see the prison populations grow,” she said.
The people that have the money
Tennessee is an important state for CoreCivic, as evidenced by the company’s significant lobbying expenditures in the state. The private prison company is headquartered in Nashville, and it has long been one of the state’s biggest political spenders. Since 2009, the company has spent $3.7 million on lobbying and campaign donations in the state, a Lookout analysis found.
In response to a request for comment from The Lever, CoreCivic spokesperson Brian Todd wrote the company “supports candidates and elected officials who understand the limited but important solutions our company can provide,” and noted that it employs 1,200 people at its prisons in Tennessee.
Although a Tennessee law from the 1980s mandates that the state have only one privately run prison, CoreCivic has carved out a loophole after years of attempts to rewrite the law entirely. The company now runs four of the state’s fourteen prisons by routing contracts through counties rather than the state. Together, the value of those four contracts exceeds$200 million.
Lobbying records from last year indicate that CoreCivic has a small army of eight lobbyists working on its behalf in Tennessee’s state house. According to state campaign spending data aggregated by FollowTheMoney.org, Lee, Tennessee’s current governor, has received the most money from the private prison company of any politician in the nation: $65,400 over the last two election cycles, including donations from company executives, making the company one of his largest donors.
This year, Hininger, CoreCivic’s CEO, who is said to be considering a run for Tennessee governor in 2026, chaired a fundraiser dinner for the state Republican Party and personally gave each attendee a souvenir glass emblazoned with the state’s Republican Party logo. Hininger himself has donated more than $100,000 to politicians in Tennessee over the years.
Meanwhile, lawmakers who have pushed the slate of harsh sentencing laws in Tennessee have been rewarded.
House Republican Majority Leader Rep. William Lamberth (R-Portland), a former county prosecutor, has spearheaded the sentencing bills in the state, championing the sweeping 2022 law and sponsoring the more recent bill that did away with early release.
“He’s been very active in trying to pass harsher sentencing laws,” said Deaner of the Choosing Justice Initiative.
House Speaker Cameron Sexton, center, with House Majority Leader William Lamberth at left and Republican Caucus Leader Jeremy Faison. (Photo: John Partipilo)
Lamberth is also one of CoreCivic’s biggest beneficiaries in Tennessee, receiving $8,500 from the company. So, too, are other Republican champions of the sentencing bills, including Lt. Gov. Randy McNally (R-Oak Ridge), who has received $7,500 from CoreCivic, House Speaker Cameron Sexton (R-Crossville) ($10,000), and Rep. Jerome Moon (R-Maryville). ($3,000).
The money is “absolutely” having an impact on policy, Deaner said.
“Who are the people that have the money in Tennessee?” she said. “Particularly in rural places, there’s not a lot of wealthy donors.”
In the absence of other campaign funding sources, this state of affairs has allowed CoreCivic to wield an especially significant influence with state lawmakers, she said.
Driven by greed
CoreCivic regularly claims it does not lobby on sentencing-related bills — in Tennessee or elsewhere — and did so again in response to questions from The Lever.
“CoreCivic does not lobby or take positions on any policies, regulations or legislation that impact the basis for or duration of an individual’s incarceration,” said Todd, the company spokesperson.
But it’s clear from executives’ statements to investors that they are, at the very least, monitoring these laws closely.
“Going forward, the next three years to five years, a lot of states are looking at pretty significant increases [to prison populations] because, again, of changes, maybe, in sentencing reform,” Hininger said in the May call.
For the first time in a decade, prison populations across the country are rising after a dramatic drop in 2020 during the pandemic, when court backlogs and early releases due to COVID-19 lowered the number of people in prisons. The majority of states have reported an increase in the number of people incarcerated in their prisons over the last two years, according to a study published by the U.S. Department of Justice last November. According to the report, there were currently more than 1.2 million people behind bars — raising the country’s already sky-high incarceration rate.
A significant part of this incarceration surge is the return of normal court systems as judges worked through case backlogs that had persisted through the pandemic. But tough sentencing laws, criminal justice reforms say, also appear to be playing a role. Prison executives agree.
“In conclusion,” Hininger said in May. “The macro environment in which we operate continues to improve.”
The agency found Tennessee is seeing one of the country’s sharpest increases in its prison population — a reported 8 percent surge between 2021 and 2022. Colorado, Montana, and Mississippi all reported incarceration rates growing at 8 percent or above, and another 42 states reported some growth in their prison populations.
Many of CoreCivic’s prison contracts, including in Tennessee, are paid on a “per inmate, per day” basis, meaning that these fluctuations in prison populations directly impact the company’s bottom line. Many of the company’s facilities, its financial statements show, are not at full occupancy levels — and laws that could change this would put money directly into the pockets of prison companies.
CoreCivic’s “unholy alliance,” in the words of one state Democratic lawmaker, with the state of Tennessee illustrates just how greatly private interests are profiting from rollbacks to criminal justice reforms — whether that’s prison companies raking in cash from harsh sentencing laws or the bail industry’s success in Georgia, which reimposed cash bail requirements after experimenting with bail reform, a move that will benefit bail bond agents and insurers.
“This moment is revealing exactly what we’ve known about the carceral system,” Tylek of Worth Rises said. “The expansive use of incarceration as a solution to social failures is driven by greed.”
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.For more information on The Lever, go here.
Tennessee’s lieutenant governor is backing a Memphis state senator’s move to force the ouster of Shelby County’s prosecutor for “dereliction of duty” in connection with felons caught carrying weapons.
Lt. Gov. Randy McNally (R-Oak Ridge) issued a statement Monday saying he “wholeheartedly” supports efforts by Republican state Sen. Brent Taylor (R-Memphis) to dismiss Shelby County District Attorney General Steve Mulroy from office for “failing to properly prosecute convicted felons in possession of a firearm.”
Taylor sent McNally a letter Monday notifying him he plans to file a Senate resolution after the November election to remove Mulroy from office. The district attorney general said recently he plans to adopt a policy allowing non-violent felons to avoid being prosecuted for possession of weapons.
McNally said Mulroy’s “explicit refusal to prosecute criminals with guns is inexcusable and unconstitutional. While district attorneys have prosecutorial discretion, that discretion is not a license to override or subvert the law of the land. DA Mulroy’s record of refusal to prosecute laws he does not personally care for is longstanding and clear. I believe it is time for him to go.”
State Senator Brent Taylor (R-Memphis) during the 113th general Assembly Credit: John Partipilo/Tennessee Lookout
Even though district attorneys general are elected by a county’s voters, the Legislature can oust them with a two-thirds vote, according to a state law cited by Taylor in his letter.
Taylor and House Speaker Cameron Sexton made social media posts last week calling Mulroy soft on crime for his new policy to provide “diversion” from conviction for non-violent felons caught carrying weapons.
Mulroy, a Democrat serving his first term after defeating Republican Amy Weirich, told the Tennessee Lookout last week the DA’s Office continues to prosecute illegal gun possession cases, including possession of a gun connected to drug crimes and possession of a Glock switch, which makes those types of handguns fully automatic. His office did not respond to questions Monday.
The district attorney, though, noted his office is “open to offering a diversion track, on a case-by-case basis for those defendants who have no history of violence or significant criminal history and seem reformable.”
Those types of offenders would be prosecuted but could avoid conviction by meeting “stringent requirements” for rehabilitation, he said. The policy is designed to free up prosecutors to focus on offenders who “use a weapon,” he said.
Taylor acknowledged Monday that district attorneys general have “prosecutorial discretion” but contended that state law prohibits felons from possessing weapons and argued if Mulroy thinks non-violent felons should be excluded, then he should lobby the Legislature to change the law. He denied that his effort to remove Mulroy is a political move and maintained that the district attorney has “abused his prosecutorial discretion.”
It looks like every local official is now on notice not to cross powerful state politicians – or else. Memphians are sick and tired of seeing their local elected officials run over by state politics just for doing the job they promised to do.
Sens. Raumesh Akbari and London Lamar, Memphis Democrats, in a statement
“He’s attempting to enforce and prosecute the law based on how he wishes it were written, not how it’s actually written,” Taylor said. “District attorneys are obligated to enforce the law the legislature enacts.”
Senate Minority Leader Raumesh Akbari (D-Memphis) and Minority Chairman London Lamar (D-Memphis) issued a statement in response calling Taylor’s effort an “unconstitutional attack” on Shelby County’s district attorney and saying it “sets a dangerous precedent.”
“It looks like every local official is now on notice not to cross powerful state politicians – or else,” they said. “Memphians are sick and tired of seeing their local elected officials run over by state politics just for doing the job they promised to do.”
They contend crime didn’t start with Mulroy’s election and said, “it’s beneath the Legislature to threaten local officials over a policy debate.”
Sen. Taylor and state Rep. John Gillespie (R-Memphis) passed legislation this year overturning a Memphis City Council ordinance stopping police from making “pretextual” stops such as driving with broken tail light. The measure was designed to prevent violent incidents between police and motorists such as the death of Tyre Nichols who was pulled over for reckless driving and beaten by five police officers, according to video of the stop.
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.
While Gov. Bill Lee’s universal school voucher proposal is clearly a key issue this election year, there is less agreement on where Tennessee voters stand on the contentious education policy, incentivizing many state legislative candidates to avoid discussing the matter.
Numerous voter polls have generated wildly different results this year, depending on which organization was behind the survey and how the questions were asked.
As a result, rural Republican candidates, whose legislative votes would be pivotal in deciding the issue, aren’t generally trumpeting their positions on what would amount to a major policy change.
And when they do comment, the candidates are choosing their words carefully by using the language of “school choice” over “vouchers,” even though they’re essentially the same thing when it comes to letting parents use taxpayer money to send their children to private schools.
The divergent poll results, based on representative samplings of voters, underscore that vouchers remain a hot-button education issue as Tennesseans try to understand a complex idea that was the most divisive of the recent legislative session.
Supporters say the statewide voucher proposal, which the governor vowed to bring back to lawmakers next year after it failed to reach the Senate and House floors in April, would put parents in charge of their children’s education by giving them more choices. Critics say it would destabilize public education, bust the state’s budget, and further segregate schools by race, income, and students with special needs.
Now in his second term, Lee has characterized GOP support across Tennessee as solidly favoring his proposal, which is especially important in a red state where the winner of the Republican primary typically wins the general election.
The Republican governor, who campaigned on the promise of giving parents more education choices for their children, recently told Fox News that school choice is “a very popular idea among Republican primary voters.” He added that voters support it “by an overwhelming margin.”
“Legislators understand that; they know their voters want this,” Lee said.
But while vouchers have steadily gained support through the years, surveys of voter attitudes don’t necessarily bear out Lee’s claim.
Three pro-voucher groups — The Beacon Center,Americans for Prosperity, and the American Federation for Children — released findings early this year declaring broad support for expanding school vouchers in Tennessee as they sought to build momentum ahead of critical voucher votes in the General Assembly.
During the same period, the Tennessee Education Association, the state’s largest teachers organization and a voucher opponent, released results of its own poll showing only 30 percent of Republican primary voters supported the governor’s plan.
When asked if they approve of the policy, 45 percent were in favor of vouchers, 46 percent opposed them, and 9 percent said they neither supported nor opposed the idea.
“These results show that vouchers remain a controversial issue,” said John Geer, the Vanderbilt poll’s co-director and a distinguished professor of political science.
“It is a complex and complicated topic,” he added. “That makes the issue difficult to measure in a poll.”
The uneven findings of various polls stem, in part, from how the questions were framed.
For instance, Americans for Prosperity asked voters: “Governor Lee is proposing a school choice program that will enable parents to take back control over $7K of their education tax dollars to educate their child in a private or home school environment if they choose to, giving parents more control over how and where their children are educated. Do you agree with the program Governor Lee is proposing?”
More than 70 percent responded ‘yes.’
By contrast, the TEA’s survey asked a series of questions delving into the structural and financial impacts that universal vouchers would have on the state’s public education system.
Among them: “Other states that have enacted statewide vouchers saw that 95 percent of students who benefitted were from wealthy families who had the resources to send their children to private schools or already attended private schools, mostly in rural areas, instead of providing resources to middle-income families and students from across the state. Does knowing this make you more or less likely to support school vouchers?”
More than 70 percent responded that they were less inclined to support the policy.
On vouchers, Vanderbilt pollsters asked: “Do you support, neither support nor oppose, or oppose Tennessee giving all parents tax-funded vouchers they can use to help pay for tuition for their school-age children to attend private or religious schools of their choice, instead of attending local public schools?”
“We don’t have an ax to grind, so we tried to be as straightforward as we could,” said Geer.
About 49 percent of responding voters also said they were likely to use vouchers if they became available, and 50 percent said they would not. By a wide margin, Republicans who support former President Donald Trump were the group most likely to use them, while only 26 percent of Democrats said they would take advantage of the option.
“The outcome of the poll on vouchers was very partisan in nature,” Geer said.
That partisan lens, he added, was more significant than whether the voter lived in a rural, urban, or suburban district, where access to private schools varies significantly.
“I think it’s another statement about our political climate and the polarization of our country. We really weren’t able to get past the partisanship,” he said.
This year’s uneven polling results may help explain why many rural Republican candidates aren’t discussing vouchers or promoting where they stand on the issue when seeking to secure their party’s nomination. In suburban and urban districts, which are home to more private schools, both Republican and Democratic candidates are more likely to weigh in or use vouchers as a campaign issue.
“Rural Republican legislators got some pushback over the governor’s voucher proposal, so I can understand why they would skirt the issue with primary voters,” Geer said. “I can understand why they would just say: ‘I’m for public education because that’s what’s important to my rural district.’”
Debby Gould, president of the League of Women Voters in Tennessee, said legislative candidates can easily cloak their voucher stance by saying they support public education, especially since the House’s 2024 voucher bill bundled the creation of a statewide voucher program with public school reforms.
“That muddied the waters a bit, but voters deserve a clear answer to whether they plan to vote ‘yes’ or ‘no’ on universal vouchers,” Gould said.
“Vouchers aren’t a secondary election issue,” she added. “Gov. Lee has said it’s a priority for his administration, so it will be front and center next legislative session.”
All 99 seats in the state House and half of the Senate’s 33 seats are on the ballot this year. Aug. 1 is Tennessee’s primary election day, with early voting July 12-24. The general election will be on Nov. 5.
A challenge of Tennessee’s law dealing with the use of public school restrooms and locker rooms by transgender students remains alive after a federal judge declined to dismiss all claims against the state education department and Williamson County Schools.
U.S. District Court Judge William Campbell denied the state’s request in to dismiss the child’s claim of a violation of rights under the Equal Protection Clause.
The judge, however, granted a request to dismiss the child’s claim that her Title IX rights were violated. The ruling notes that because the federal law allows schools to maintain separate restrooms for “the different sexes,” requiring the child to use the restroom based on her biological sex doesn’t violate Title IX.
The judge also dismissed the child’s request to correct all records to reflect her female gender.
Tennessee lawmakers have taken steps in recent years to prevent transgender athletes from playing sports based on their sexual identity. The Legislature enacted restrictions in 2023 on transgender medical treatment and this year adopted a bill preventing adults other than parents and guardians from taking children outside the state for transgender care.
The case against the Tennessee Department of Education and Williamson County Schools involves a 9-year-old transgender child who was male at birth but identifies as female, according to court filings. The child uses “she/her” pronouns and lives socially as a girl by wearing her hair long and dressing in a manner usually associated with girls.
The complaint was brought by a friend and the child’s parents when the child was 8, claiming the Williamson County elementary school she attends requires her to use a single-occupancy restroom, not the multi-use girls’ restroom.
The child claims the school’s “insistence” that she use a separate restroom “isolates her and distinguishes her from her classmates and exacerbates the stress and anxiety she experiences while trying to fit in and avoid being stigmatized on the basis of her sex and gender identity.” The child also claims the restroom designated for her has problems with distance from her class, safety and cleanliness.
The Tennessee Legislature passed the Tennessee Accommodations for All Children Act in May 2021, requiring public schools to provide a “reasonable accommodation” to students, teachers and employees who want “greater privacy when using a multi-occupancy restroom or changing facility designated for [their] sex and located within a public school building.”
“Reasonable accommodations” include single-occupancy restrooms or changing facilities or use of an employee restroom or changing facility.
The “reasonable accommodations” don’t include restrooms or changing areas designated for use by members of the opposite sex while the opposite sex is present or could be present. They also don’t require remodeling or structurally changing a school facility, or limiting access to a restroom or changing room designated for use by members of the opposite sex if that creates a violation or state or local building codes.
The new state law defines sex as “a person’s immutable biological sex as determined by anatomy and genetics existing at the time of birth.” It also provides students, parents, guardians, teachers and employees the right to sue public school systems for “psychological, emotional, and physical harm,” including monetary damages, legal fees and costs if they “encounter a member of the opposite sex in a multi-occupancy restroom or changing facility located in a public school building … [and] the public school intentionally allowed a member of the opposite sex [defined as sex at birth] to enter the multi-occupancy restroom or changing facility while other persons were present.”
Campbell denied the child’s request for an injunction against the school district to stop it from enforcing the state law.
Yet the judge opted not to dismiss the child’s claims under the Equal Protection Clause, which prohibits a state from “denying to any person within its jurisdiction the equal protection of the laws” and prevents government discrimination that “either burdens a fundamental right, targets a suspect class or intentionally treats one differently than others similarly situated without any rational basis for the difference.”
The judge’s ruling points out that classifications by the government based on sex are recognized as “a quasi-suspect classification subject to intermediate scrutiny.”
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 Twitter.
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.
Rep. John Ragan, R-Oak Ridge, addressing his bill to prohibit local governments from spending funds to study reparations. (Photo: John Partipilo)
The Tennessee House voted 52-43 Wednesday to defeat an anti-reparations bill despite the efforts by an East Tennessee House Republican to resurrect the measure.
Before introducing the bill, Republican Rep. John Ragan (R-Oak Ridge) circulated a letter to colleagues seeking their support in passing House Bill 474 to stop counties from looking into reparations and disbursing money to those whose family members were enslaved.
The measure passed in the Senate on a 26-6 vote but got hung up in the House. Rep. Sam Whitson (R-Franklin) called for a vote to table Ragan’s legislation.
In response, Ragan told the chamber that people shouldn’t be forced to pay for the wrongdoing of their ancestors. He pointed out that all Japanese shouldn’t be blamed for the bombing of Pearl Harbor and all Muslims shouldn’t be held responsible for the 9/11 attack on the World Trade Center.
Ragan noted in the letter that state Sen. Brent Taylor of Memphis brought him the bill and said he will not back down from resistance. He also accused opponents of “blatant bullying and immoral tactics.”
Cred:t Tennessee Lookout
“Frankly, two opposition caucus members have unashamedly engaged in such, hurling repugnant insults and racial slurs in the “People’s House” – apparently without penalty,” Ragan’s letter says. “Regrettably, other members of their caucus have failed to demonstrate the moral courage to oppose such a degradation of our state’s great institution. In fact, some have even supported these actions openly.”
Ragan also said the press, “always hungry for salacious sensationalism and manufactured controversy,” blew the matter out of proportion, causing some lawmakers to consider support of the bill a threat to their re-election.
Democratic Reps. Justin Jones of Nashville and Justin J. Pearson of Memphis have been outspoken foes of the bill.
Pearson said shortly before the Wednesday vote, “I am hopeful that this racist bill will be tabled.”
Ragan’s letter asks Republican colleagues to vote their conscience and notes, “It is a good and just bill that helps Tennessee and deserves a vote.”
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 Twitter.
Jace Wilder, education manager of the Tennessee Equality Project, says the new law “puts kids at risk of being abused, neglected and harmed again.” (Photo: John Partipilo)
With Gov. Bill Lee’s signature, Tennessee last week became the first state in the nation to establish the right of adults who claim moral or religious objections to LGBTQ identity to foster and adopt LGBTQ kids.
In the days since the law became effective, the Department of Children’s Services (DCS) has shelved a 10-year-old policy that said children in state custody must receive care that “promotes dignity and respect for all children/youth and families inclusive of their gender identity, gender expression, and sexual orientation.”
That policy is now “under review and will be updated on the website once the review is complete,” DCS spokesperson Ashley Zarach said. New guidelines for how the state will navigate foster kids’ sexual orientation and gender identity in deciding where to place them are expected to be hashed out in the coming months.
The law’s passage has raised alarms among advocates for LGBTQ youth in Tennessee and elsewhere, who say it upends a central principle of child welfare systems: prioritizing the best interest of a child.
Instead, they say, the law gives greater weight to a prospective parent’s religious and moral beliefs over the need of a child for a loving, safe, and supportive home.
“What’s really sad about this is there’s a really high volume of LGBTQ+ kids in the foster system whose needs aren’t being met now,” said Molly Quinn, executive director of OUTMemphis. Among the LGBTQ nonprofit’s programs is one that aids 18- to 24-year-old LGBTQ youth facing homelessness, many of whom are former foster kids who faced a tough time in the child welfare system.
“The fact that the state would accept a family that is willing to discriminate into this broken system with such vulnerable kids is difficult to understand,” she said.
Best interests of the child?
The law, formally called the Tennessee Foster and Adoptive Parent Protection Act, was backed overwhelmingly by Tennessee Republican lawmakers, who two years ago also approved a first-of-its-kind law allowing private adoption and foster care agencies that accept tax dollars to reject prospective parents for a variety of religious or moral reasons, including their faith or whether they are LGBTQ.
In advocating for this year’s bill, Dickson Republican Rep. Mary Littleton characterized it as a necessary safeguard for families who want to offer loving homes to foster and adoptive kids but worry that they would have to compromise their faith or moral beliefs. Littleton also cited an urgent need for more willing families to step forward. Tennessee currently has 4,948 fully approved foster homes, but needs 400 more.
At the end of the day the state should be acting in the best interest of the kids and this doesn’t do this. This puts emphasis on beliefs of foster and adoptive parents.
– Laura Brennan, Family Equity
Littleton stressed that the new law says DCS is not precluded from taking a child’s preferences into account before placing them in a home.
“This bill does not disregard the values and beliefs of the child,” Littleton said, noting state child welfare officials can still take into account “a comprehensive list of factors” before placing any child in any home.
Advocates have pushed back to say that plain language of the law does not require the state to take into account the child’s own wishes.
They also criticized what they call a mischaracterization by the law’s supporters that prospective foster and adoptive parents in Tennessee have been rejected for holding anti-LGBTQ beliefs.
Parents in Tennessee have not been required to be gender- or sexual-orientation-affirming as a condition of becoming approved as a foster or adoptive parent. They have, however, been required to promote dignity and respect of a child’s identity if they take an LGBTQ kid in their home — until now.
DCS: parents preferences already taken into account
According to the Department of Children’s Services, prospective parents’ “preferences” have routinely been taken into account before a child is placed in a home, a spokesperson for the Department of Children’s Services said in a statement.
“Prior to this legislation, the DCS home study process included asking prospective foster and adoptive parents a series of questions to identify their placement preferences,” a statement from DCS said.
“Among those are questions regarding willingness to parent a child who identifies as LGBTQ+. Our goal always is to find the most appropriate placement to meet the unique needs of each child in our care,” the statement said.
Tennessee currently has 8,854 kids in state custody — 6,686 of them residing in foster homes. Up to a third of all foster youth nationwide identify as LBGTQ — often kicked out of home or winding up in state custody as result of mistreatment or rejection based on their gender identity, according to the U.S. Department of Health and Human Services.
Jace Wilder, education manager Tennessee Equality Project, an LGBTQ advocacy organization that has vocally opposed the law, pointed to his own tough childhood as an example of the importance of supportive adults in a child’s life.
Wilder, who is transgender, was raised, in part, by a friend’s parents after suffering abuse at the hands of his father, he said. His mother was disabled and frequently hospitalized.
Wilder said the abuse wasn’t solely because of his gender identity, but “it kind of gave him more ammo to use against me, so that did not help.” He was also able to connect with LGBTQ people for support in his teens and college years, he said.
“Without finding people that accepted me and really helped me grow, I think I would have been stuck in the position of being too afraid to transition, too afraid of being out,” he said. “I think this puts kids at risk of being abused, neglected, and harmed again.”
The nature of discourse over LGBTQ youth in Tennessee already exemplifies the need for safe and affirming homes, said Eli Givens, a college freshman from Tennessee who also serves as an advocate for the Tennessee Equality Project.
“It’s been just really unbelievable watching this session,” Givens said. “I’ve had adults telling me I need to go gas myself, that I was clearly molested when I was younger, just a wide array of threats.
“It’s bewildering that the same adults who told me to gas myself can adopt an LGBTQ child. That’s an extremely scary reality.”
Tennessee AG pushes back on proposed federal LGBTQ foster protections
The law was enacted on the heels of proposed new rules currently being considered by the U.S. Department of Health and Human Services related to the placement of LGBTQI+ youth in foster care. Among the proposed rules for all foster homes is they “establish an environment free of hostility, mistreatment, or abuse based on the child’s LGBTQI+ status.”
In November, Tennessee Attorney General Jonathan Skrmetti led a 17-state coalition opposing the rules, saying in a letter to the federal government that they would shrink the pool of available foster families and “further divert resources away from protecting foster children from physical abuse and toward enforcing compliance with controversial gender ideology.”
Laura Brennan, associate director for child welfare policy for Family Equality, which advocates for LGBTQ families, said national advocates are keeping a close eye on what’s happening in Tennessee. The state’s 2022 law allowing publicly-funded private adoption and foster care agencies to exclude LGBTQ parents has seen been adopted by 13 other states, she said.
“At the end of the day the state should be acting in the best interest of the kids and this doesn’t do this,” she said. “This puts emphasis on beliefs of foster and adoptive parents.”
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 Twitter.
Protesters stage a "die-in" on the rotunda floor outside of the House chamber at the Tennessee State Capitol on April 23, 2024, after lawmakers passed a bill to let certain teachers and school staff carry handguns in schools. (Photo: Marta W. Aldrich / Chalkbeat)
Protesters screamed “blood on your hands!”, then lay down on the floor of the Tennessee State Capitol as if they were victims of gun violence, after lawmakers passed legislation Tuesday to let some teachers and staff carry guns at school.
In between, House Speaker Cameron Sexton paused business in the House of Representatives and ordered state troopers to clear the spectator gallery of protesters.
The 68-28 vote came one year after an intruder shot and killed three children and three adults at a Nashville school, prompting mass protests by gun control advocates and ongoing calls for tighter gun laws.
But instead of restricting gun access in one of America’s most gun-friendly states, the GOP-controlled legislature is sending Republican Gov. Bill Lee a bill that would expand it.
Gun control advocates were angry.
“They’re going in the wrong direction,” said Marley Mello, a 15-year-old Nashville student. “Guns are the problem, not the solution.”
Lisa Bruce, a retired Tennessee principal, called it a “Band-Aid to cover a gaping wound.”
“I could maybe get on board with it if we were already doing common sense measures to reduce gun violence in our state,” she said. “But this feels like a huge leap.”
The bill’s Republican sponsors have said the legislation is needed to provide an armed presence on every Tennessee school campus, especially in rural areas. Nearly a third of the state’s 1,800-plus public schools don’t have a school resource officer, despite an influx of state money to pay for them, due to a shortage in the profession.
On the House floor, Rep. Ryan Williams, of Cookeville, emphasized that carrying a gun would be voluntary and allowed only if the local school district and law enforcement agencies agree to the policy. The school employee carrying the gun would have to have an enhanced permit, complete 40 hours of certified training in school policing at their own expense, and pass a mental health evaluation and FBI background check.
Republican lawmakers voting for the measure liked that local officials ultimately could decide whether the policy works for their community.
“I trust my local law enforcement. I trust my director of schools. I trust my teacher,” said Rep. Brock Martin, of Huntingdon.
But Democrats said the effort was misguided, shortsighted, and dangerous.
“We’re going to give somebody a little pop gun to go against a weapon of war. It does not work, folks,” said Rep. Bo Mitchell, of Nashville.
Tennesseans would be better served, Democrats argued, if the legislature passed laws requiring safe storage of firearms and background checks, as well as to temporarily remove guns from any person who is an imminent risk to themselves or others — all proposals that have been defeated by Republicans in charge.
The vote came after an hour of debate in which Democrats tried unsuccessfully to change the bill to exclude their counties, ensure parents are notified when their child’s teacher is armed, or remove a clause that shields districts and law enforcement agencies from civil lawsuits over how a school employee uses, or doesn’t use, a gun.
“While we all want safe schools and an end to gun violence, arming teachers with guns is not the way,” wrote Sarah Shoop Neumann, whose 5-year-old son was enrolled in Covenant’s preschool.
Another Covenant parent, Mary Joyce, called the bill “ludicrous.”
“Had my daughter’s teacher left the classroom to pursue the shooter, a classroom of 9-year-olds would have been left to protect themselves,” Joyce said.
Jeff Bledsoe, the executive director of the Tennessee Sheriffs’ Association, told Chalkbeat he expects few teachers to carry a gun if the bill becomes law. More likely candidates, he said, are school staff members who have a military or law enforcement background.
His organization opposed the legislation in 2019 when Williams sponsored a similar bill. However, it is neutral on the current bill after working with the sponsors to add more requirements before a person can carry a weapon at school.
Two weeks earlier, the bill easily cleared the Senate, where spectators also were ejected from the gallery after defying warnings from Lt. Gov. Randy McNally to stay quiet.
The governor has signaled he likely will sign the measure into law.
“I’ve said for many years that I’m open to the idea, but the particulars are important,” he told reporters last week.
An advocate for parental rights, the governor declined to comment on the bill’s intent to block a parent from being notified if their child’s teacher is carrying a gun.
Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.
Chalkbeat is a nonprofit news site covering educational change in public schools.
