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Department of Children’s Services Wrestles With Solutions for Housing Kids in State Custody

Three months after the Department of Children’s Services announced it had ended the practice of taking abused and neglected kids to state offices overnight, solutions are proving difficult to sustain as several faith-based shelters have closed and some kids remain in hospitals for lack of other options.

Kids are sleeping in church-run facilities and spaces opened by community groups while they await more permanent housing. And a few children with serious medical or mental health needs have been moved out of hospitals — where kids were routinely kept for as many as eight months for lack of a home to go to.

Those children — five in total — are now living temporarily in state-run cottages formerly used to provide round-the-clock care to people with intellectual disabilities. State officials hope to bring more children into those homes.

But deep challenges remain in finding places for children to go in the first days and weeks they are first taken into custody and before more permanent housing can be found for them in foster care, a residential treatment facility or in their return home to families.

“I think bed capacity is still a major area of concern for us,” DCS Commissioner Margi Quin said via email last week. “The state has closed facilities, but we have not opened any new facilities.”

Children between the ages of six and 15 are still being kept in Tennessee hospitals 10 days to seven weeks after being cleared for discharge while DCS officials seek alternatives, according to a DCS spokesperson.  DCS did not provide a total number of kids who are still hospitalized while they await a spot somewhere else.

Meanwhile some of the temporary faith-based shelters that volunteered to take kids in have since pulled back.

In Middle Tennessee, for example, three faith-based community groups that initially stepped forward to fill the void in temporary housing pulled back weeks later, leaving —in one instance — caseworkers with no other option than to drive four children 200 miles to Memphis for a place to sleep.

A temporary shelter that opened in a church space in Rutherford County closed June 13. Another shelter in Williamson County paused its services on May 29, but remains in discussions with state officials on possibly reopening it. Another shelter in Wilson County has asked to pre-approve any children and youth brought there.

Some churches and community groups that stepped forward to provide temporary shelter have found some children’s behavior difficult to accommodate. In one instance, four girls were driven from one Middle Tennessee shelter to Memphis after a fight broke out, according to Alex Denis, an agency spokesperson.

Denis noted that some of the faith-based shelters that have volunteered to take kids agreed to do so for a limited time period only and the roster of organizations hosting children overnight frequently changes.

There are currently 27 such shelters across Tennessee, down from 29 in April, to temporarily house kids coming into custody. The spaces serve Tennessee’s 95 counties. By necessity, caseworkers and children must continue to drive across county lines for temporary housing, a DCS spokesperson said.

“If beds are filled in a region, we must ago to the next closest available,” Denis said. “It’s not always the most convenient option. We understand that and are working to add to our placement options.”

In all instances, caseworkers must drive children to, from shelters and remain with them as long as they are in a temporary situation.

Quin said state officials are close to finalizing a plan to provide more space as soon as this month.

Kids in state custody forced to sleep on floors in state office building

Tennessee Lookout

Quin was tapped by Gov. Bill Lee in September to address the rising chaos within the state’s $1 billion child welfare agency, which left children not only sleeping on office floors and hospital beds but left in dangerous or abusive circumstances in state care, a detailed and damning report from the Tennessee Comptroller found last year.

Addressing the immediate needs of children when they first come into custody is only one of the problems highlighted by the Comptroller. The practice of putting kids to sleep on office floors was first highlighted in a report by the Lookout, which published video of children sleeping without bedding or mattresses on an office floor in August 2021.

Kids with acute and ongoing needs — kids with tracheotomies and children in wheelchairs, kids with developmental disabilities, youth with mental health needs waiting on a bed in a mental health treatment facility and those with behavioral problems that include violence — are among the most difficult to care for at any point they come into state custody.

DCS has worked with the state’s Department of Intellectual and Developmental Disabilities (DIDD) to begin transferring kids with high medical needs out of hospitals and into Tennessee Strong Homes, former small residential facilities that had previous housed people transitioning out of state-run institutions that closed down nearly a decade ago.

The children being moved to those facilities are medically fragile, with chronic health conditions that may confine them to wheelchairs, require feeding or breathing tubes, may have vision, hearing or communication challenges and are often developmentally disabled, according to Dr. Deborah Lowen, Deputy Commissioner of Child Health for DCS.

The homes are a temporary way station until kids can be reunified with families or enter foster care, with DCS footing the bill for room and board while TennCare, the state’s Medicaid program, covers the cost of medical care.

Child advocates say they’re concerned about moving kids to facilities staffed by professional caregivers, instead of families.

“We know children do better in families and communities,” said Michele Johnson, executive director of the Tennessee Justice Center, which advocates for children’s access to safety net programs, including healthcare. “It’s taking them away from parents and any sense of normalcy…Who is advocating for these children to grow up in communities?”

In her work trying to connect families with TennCare, Johnson said she often hears about parents’ struggles to get in-home services covered for severely ill or disabled children. Some families have been encouraged to turn their children over to DCS to get them the care they need, she said.

Some of those children may wind up getting that care away from their families in hospitals or in DCS temporary homes.

A DCS spokesperson acknowledged that there have been a “couple” of children placed in DCS custody “because the parent(s) could no longer care for the child in the home due to their intense needs.” Most of the children are suspected victims of abuse or neglect, while some have been involved in the juvenile justice system, she said.

Lowen said specially trained caregivers work hard “in ensuring that these children receive the care — and love — they deserve.”

Tennessee Lookout is part of States Newsroom, a network of news bureaus 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.

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Tennessee Lookout’s Inaugural Niceley Awards Highlights Gaffes from State Leaders

For years, Republican state Sen. Frank Niceley of Strawberry Plains has been a walking Tennessee gaffe machine, a man who provides fodder for the Capitol Hill Press Corps legislative session after legislative session. 

We’ve been able to count on Niceley to advocate for cockfighting, a bloody sport in which two roosters — armed with metal spurs — fight to the death, or near death. Niceley defended the sport by calling it a “cultural tradition” and claiming, erroneously, that President Abraham Lincoln partook of the sport. 

In 2015, he said, to the consternation of animal rights advocates, “It’s been going on for centuries. I don’t know what the big deal is.”

It was Niceley who, during the 2022 legislative session, held up Adolf Hitler as a good example for homeless people. The worst dictator of all time, said Niceley, was able to practice his oratory on the streets of Vienna and connect with the masses. 

(Credit: John Cole, Tennessee Lookout)

“So it’s not a dead end to productive life, or in Hitler’s case, an unproductive life,” Niceley said.

Extending his analogies with World War II dictators, he said of Gov. Bill Lee’s 2023 transportation plan, which included toll roads, “Mussolini liked those public-private partnerships. They called it fascism back then.” 

While Niceley didn’t dominate a 2023 session characterized by feet in mouth, we honor his legacy by giving you the inaugural end-of-legislative session “Niceley Awards,” for the lawmakers who distinguished themselves through their missteps, faux pas, and foolishness, and managed to make Tennessee a regular topic on Saturday Night Live.

The Winner: Speaker of the House Cameron Sexton

House Speaker Cameron Sexton claims the prize as the first winner of the Niceley Award. He scored the win for a pattern of overplaying his hand in a fashion we’ve come to expect from Republican House speakers. (Maybe we should christen this category the “Casada Cup” for Rep. Glen Casada, whose scandals prompted a resignation in 2019 after only seven months in the role.)

All seemed to be going well for Sexton in the early months of the session as he presided over a spate of bills to criminalize some drag performers and performances, ban care for transgender youth, and wreak havoc on the City of Nashville’s Metro Council. 

Then came the March 27 shooting at Nashville’s Covenant School, a private Christian elementary school in which six people were killed. 

Days after the shooting, more than a thousand protesters packed the Capitol to urge lawmakers to take up gun-reform laws, with three Democrats taking to the House floor to join the protests. In short order, Sexton went on right-wing radio to compare the teen-led event to the Jan. 6, 2021 U.S. Capitol insurrection, presided over the ultimately unsuccessful expulsion hearings of three Democrats, and drew an investigation into his personal affairs. Independent journalist Judd Legum established Sexton owns a $600,000 house in Nashville and downsized his home in Crossville, the district in which he was elected, to a small condo in a retirement community. 

(Credit: John Cole, Tennessee Lookout)

Meanwhile, the “Tennessee Three” have become the darlings of national media, raised hundreds of thousands of dollars each, and enjoyed a trip to meet President Joe Biden in the White House, while a member of Sexton’s caucus was forced to resign after being found guilty of sexually harassing an intern. Now, a progressive nonprofit watchdog group is asking for a full investigation of Sexton. 

Among insiders, it’s no secret Sexton has his sights on the 2026 governor’s race and has been working to shore up his credentials on the right. He may survive as House Speaker, but his handling of the expulsion issue will no doubt be used against him by opponents in 2026. 

Runner-up: Rep. Paul Sherrell

Rep. Paul Sherrell (R-Sparta) held a strong lead for the Niceley Award until late March, when Sexton edged him out of contention. Sherrell rarely makes news, save for an occasional campaign finance ethics issue, plodding about his business on the House floor with little of note emerging. 

That changed when he filed a bill to rename Rep. John Lewis Way, which runs past the Cordell Hull State Office Building, to President Donald Trump Boulevard. Lewis, unlike Trump, attended college and began his career in Nashville, so the naming of the street in Lewis’ honor by Nashville’s Metro Council in 2020 made sense. 

But members of the Republican supermajority chafed at receiving their mail at an address named for the late congressman and civil rights leader, and Sherrell’s bill may have gained traction were it not for his next move. 

During a February House Criminal Justice Subcommittee in which members discussed offering death row inmates a choice of ways to die — What’ll you have, sir? Electrocution in Old Sparky or firing squad? We’re fresh out of those lethal injection drugs today — Sherrell piped up: “I was just wondering if I could put an amendment on that that would include hanging by a tree also?”

(Credit: John Cole, Tennessee Lookout0

The statement conjured up images of lynchings, and the House Black Caucus pushed for punishment of Sherrell, who issued a statement of apology and then saw his renaming bill stall out. John Cole’s Tennessee: Hoisted by his own petard.

Dishonorable mentions

Lt. Gov. Randy McNally

McNally was elected to the House in 1978, moving to the Senate in 1986. During his 45 years in office, he’s been known for brokering middle-of-the-road solutions and made his bones when helping the FBI bust Democratic lawmakers in “Operation Rocky Top,” an expose of corruption. 

Tennesseans got a fresh view of McNally this year, when the Tennessee Holler reported McNally had been using his verified Instagram account to comment with hearts and fire emojis on the account of a 20-year-old gay man. “You can turn a rainy day into rainbows and sunshine,” McNally posted on one picture of the nearly nude young man. 

(Credit: John Cole, Tennessee Lookout)

McNally’s fondness for thirst traps likely wouldn’t have caught fire were it not for the legislature’s propensity to target members of the LGBTQ community annually, which he’s largely supported. Now, McNally’s legacy will be marked by an asterisk for hypocrisy.

Gov. Bill Lee

When the legislature passed a measure to criminalize “adult cabaret” performers — that’s legalese for drag performers — Lee signed it into law within hours, giving Tennessee the dubious distinction of becoming the first state in the nation to pass such a law. 

Imagine the schadenfreude felt by the left when photos surfaced of an 18-year-old Lee, dressed in a cheerleader outfit — complete with wig and pearls — for a Franklin High School homecoming event.

 Gov. Bill Lee, middle, dressed as a cheerleader for the 1976 Franklin High School powderpuff football game. (Credit: 1977 Franklin Rebel yearbook)

Lee didn’t see a conflict with his effort to ban drag: He lost his cool when questioned about it at a press conference, calling the comparison “ridiculous,” although it earned him a mention on Saturday Night Live

Rep. Jeremy Faison

Had the Niceleys launched in 2022, Faison would have been a strong contender to win after he tried to pull the pants off a high school basketball referee with whom he disagreed. This year, however, the House Republican Caucus chair fell to the bottom of the list, only earning an honorable mention for walking out of a CNN interview in the aftermath of the House expulsion hearings, leaving the anchor mid-question. 

All this would be funny were it not for the fact that the men involved are in charge of steering our state’s policies. Few would care about politicians busted for wearing skirts and flirtatiously engaging with members of the same sex on social media were they not the same ones piously legislating morality. It is frankly appalling in 2023 — or any time — that state leaders think joking about lynching is amusing or that they wouldn’t anticipate a national uproar over the expulsion of two young, Black lawmakers. 

It is cowardly to dismiss teens and their mothers advocating for sensible gun laws as insurrectionists. 

But this is the situation in Tennessee, and as the old saying goes, sometimes you have to laugh to keep from crying.

Tennessee Lookout is part of States Newsroom, a network of news bureaus 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.

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Lines Drawn for Renewed Abortion Fight In Nashville

The fight over Tennessee’s strict abortion law is set to start this week in a House subcommittee slated to hear legislation removing the “affirmative defense” for physicians who perform an abortion to save the life of a mother.

State Rep. Esther Helton-Haynes, R-East Ridge, is sponsoring House Bill 883, which will be designed to clear up confusion and enable doctors to make decisions without the threat of prosecution. Doctors can be charged with a felony for performing an abortion under the “trigger” law that took effect last August after the U.S. Supreme Court overturned Roe v. Wade and sent abortion decisions back to states.

“Right now it’s affirmative defense, and there needs to be an exception for the life of the mother,” Helton-Haynes told the Tennessee Lookout. “I believe moms matter. Oftentimes they have babies at home, other children at home that need them, and that’s why I’m carrying the bill.”

The measure could pit Helton-Haynes against Tennessee Right to Life, which was waiting Monday morning to see the legislation’s language. The group opposes a “subjective” decision by physicians to perform an abortion to save a woman’s life but could agree to language that makes those decisions “objective.”

Helton-Haynes, however, said, “I think that’s difficult if a mother’s hemorrhaging, to be objective.” Right to Life wants more diagnostic testing, but sometimes the doctor needs to know what to do and “take care of it,” she said.

The Attorney General’s Office is helping her craft the language in House Bill 883 to make sure it’s constitutionally sound. Republican Sen. Richard Briggs of Knoxville is sponsoring the Senate version.

The Tennessee Medical Association is making HB883 its first initiative for the legislation session. The measure clarifies exceptions to criminal abortion when the life or health of the mother are in danger, including for common procedures such as ectopic pregnancies as well as ending a pregnancy in which a “non-survivable fetal anomaly is diagnosed,” in addition to providing immunity for pharmacists who dispense drugs for inducing abortions, according to a memo from the association.

Right now it’s affirmative defense, and there needs to be an exception for the life of the mother. . . I think that’s difficult if a mother’s hemorrhaging, to be objective.

– Rep. Esther Helton-Haynes, R-East Ridge

The Tennessee Medical Association is encouraging its members to show support for the bill by wearing their white coats and attending Tuesday’s meeting to “convey a “powerful message” to the Legislature.

Briggs, a physician, has been saying for months that the law needs to be clarified so doctors will be able to follow their professional oath and save the life of a pregnant woman without worrying about prosecution. He has acknowledged he didn’t understand the legislation when it passed four years ago and didn’t think the Supreme Court would overturn Roe v. Wade.

While it has HB883 on its radar, Tennessee Right to Life is going after lawmakers trying to change the state’s abortion law to provide exceptions for rape, incest and to save the life of the mother in dangerous pregnancies.

Will Brewer, executive director of Tennessee Right to Life, confirmed that the group opposes a “subjective” decision by a physician to perform an abortion when a mother is going through a dangerous pregnancy, though it could support an “objective” decision.

A group of doctors attempt to get Gov. Bill Lee’s attention after an October 2021 press conference. The Tennessee Medical Association is urging physicians to attend hearings to support legislation to change the state’s abortion laws.(Photo:John Partipilo)

The anti-abortion group is sending emails to constituents encouraging them to challenge legislation that dials back restrictions that took effect in August 2022.

“The Human Life Protection Act is one of the strongest laws in the nation to protect unborn children and is working as legislators intended when they passed it in 2019,” the Tennessee Right to Life email says. Yet the law is “now under attack,” the missive continues.

Co-sponsors added their names to legislation last week allowing for abortions in cases of rape and incest and to remove “affirmative defense” from cases involving the life of the mother in which doctors could face felony charges for performing an abortion for saving a woman’s life.

While talks are under way on some legislation, Brewer said Tennessee Right to Life will not support Senate Bill 857 by Sen. Ferrell Haile and House Bill 1440 by Rep. Iris Rudder, which exempts cases of rape and incest from the offense of criminal abortion.

Despite the addition of sponsors, Brewer said, “I don’t think they have enough momentum to change it, so I don’t think it’s a done deal.”

The group also objects to weakening the affirmative defense portion of the law, though it has been working with lawmakers to come up with a “clarifying” measure, according to Brewer, and that remains the “preferred path.”

Helton-Haynes also is sponsoring HB778, which would limit criminal abortions to “elective” procedures and define those as not medically necessary to prevent the death or serious injury to a pregnant woman. It is sponsored in the Senate by Senate Republican Caucus Chairman Ken Yager of Kingston.

Tennessee Lookout is part of States Newsroom, a network of news bureaus 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.

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Tennessee General Assembly Bills of the Week: Free School Meals, Calls About Selling Your House, and Narcan at Bars

Each week during the legislative session, the Tennessee Lookout will provide a rundown of bills filed during the prior week. Hundreds of bills are filed each session and our list won’t include every bill but rather is intended to provide an overview of legislation most likely to have an impact on Tennesseans. 

Senate bills Senate bill 0193, sponsored by Sen. Jon Lundberg, R-Bristol. (Controlled substances) Increases the penalty to a Class B felony with a fine of up to $100,000 for drug offenses involving 0.5 grams or more of fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or any fentanyl derivative or analogue. Amends TCA Title 39 and Title 40.

Senate bill 0197, sponsored by Lundberg. (Education)  Repeals the maximum class sizes, maximum class size averages, student-teacher ratios, and the prohibition against split-grade classes established by law; authorizes each local education agency (LEA) and public charter school to establish the maximum class sizes for schools under its control and jurisdiction; requires the state board of education, in consultation with the department of education, to develop guidance for LEAs and public charter schools in establishing maximum class sizes.

Sen. John Lundberg, R-Bristol (Photo: John Partipilo)

Senate bill 0199, sponsored by Sen. London Lamar, D-Memphis. (Alcoholic beverages) Requires establishments that have gross sales of alcoholic beverages of more than $500,000 per calendar year, as a condition of receiving or renewing a liquor-by-the-drink license, to keep an opiate antagonist nasal spray in an easily accessible location on the premises.

Senate bill 0203, sponsored by Sen. Page Walley, R-Savannah. (Campaigns and campaign finance) Exempts churches and other religious organizations from the Campaign Financial Disclosure Act of 1980 with respect to expending funds in favor of or in opposition to single or multiple issue measures related to questions of public or private morality, including, but not limited to, alcohol, drugs, abortion, marriage, or gambling.

Senate bill 0208, sponsored by Sen. Adam Lowe, R-Calhoun. (Local education agencies) Requires local school boards to establish a school lunch program and a school breakfast program that provides a free breakfast and lunch to each student enrolled in a school under the board’s jurisdiction; requires the state to reimburse each LEA the cost of providing a free breakfast and lunch to each student enrolled in the LEA after all available federal funds have been applied.

Senate bill 0234, sponsored by Sen. Charlane Oliver, D-Nashville. (Consumer protection) Limits the number of times that a real estate developer, business entity, or individual working on behalf of the developer or business entity is permitted to contact a property owner to make an unsolicited offer to buy the property owner’s property; allows a property owner who believes a developer has violated the limitation to submit a complaint to the consumer affairs division in the office of the attorney general; adds additional requirements and penalties for a violation.

Senate bill 0240, sponsored by Sen. Jack Johnson, R-Franklin. (Department of Correction) Extends, from 10 days to 15 days after the injury or death, the period of time within which a prison warden must report to the commissioner the death or injury of an inmate by violence or accident.

Senate bill 0256, sponsored by Johnson. (Drug and alcohol rehabilitation) Extends criminal immunity to persons who are experiencing a drug overdose and who are seeking medical assistance, regardless of whether it is their first or subsequent overdose.

Senate bill 0279, sponsored by Johnson (Governor’s office) Removes the requirement that the nonprofit partner of the governor’s office of faith-based and community initiatives use its own revenues to cover the cost of the nonprofit partner’s activities; removes the prohibition on a state employee benefitting from the nonprofit partner’s activities; removes the statement of the general assembly’s intent that the state not realize any increased cost as a result of the governor’s office of faith-based and community initiatives.

Senate bill 0285, sponsored by Oliver. (Election laws) Authorizes the use of an identification card issued by an accredited institution of higher education in this state for purposes of voter identification at a polling place; requires the secretary of state to conduct studies on such use and file reports regarding such use.

House bills

House bill 0240, sponsored by Rep. G.A. Hardaway, D-Memphis. (Victims rights) requires a law enforcement agency to notify the victim of a sexual offense of the results of DNA data analysis on the victim’s sexual assault evidence collection kit prior to releasing the results to the public; requires the department of mental health and substance abuse services or another appropriate provider to provide counseling to a victim of a sexually oriented crime at no charge to the victim.

House bill 0262, sponsored by Rep. Bryan Richey, R-Maryville. (Political parties) Requires state and local elections for public office to be partisan elections; requires judges who are required by this state’s constitution to be reelected at retention elections to declare a bona fide membership with a political party or independent status at least 30 days prior to a retention election.

House bill 0264, sponsored by Richey. (Public health) Prohibits the state or a political subdivision of the state from requiring an immunization unless exemptions are provided for persons who file signed, written statements affirming that the immunization conflicts with their religious tenets and practices.

House bill 0269, sponsored by Rep. Bryan Terry, R-Murfreesboro. (Abortion) Requires the department of health to publish on its website information on the possibility of reversing the effects of a chemical abortion in any language that is the primary language spoken by 1 percent or more of this state’s population. (Lookout note: Claims that medication abortions can be reversed are false and misleading.)

Lynn’s bill about sale of meat product with mRNA vaccine refers to the COVID-19 vaccine. 

House bill 0299, sponsored by Rep. Susan Lynn, R-Mt. Juliet. (Food and food products) Prohibits the manufacture, sale, or delivery, holding, or offering for sale of any livestock carcass, part of any livestock carcass, or meat food product that contains a mRNA vaccine or vaccine material unless the product labeling contains a conspicuous notification of the presence of the mRNA vaccine or vaccine material in the product.

House bill 0306, sponsored by Rep. Gino Bulso, R-Brentwood. (Private schools) Authorizes a private school to create a policy to regulate a student’s participation in the school’s athletic activities or events based upon a student’s biological sex.

Tennessee Lookout is part of States Newsroom, a network of news bureaus 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.

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Refugee, Faith Groups Respond to Tennessee GOP Uproar Over Asylum Seekers

by Anita Wadhwani, Tennessee Lookout

After state Republican leaders condemned a plan to bring asylum seekers to Tennessee, faith leaders and immigrant advocates pushed back on “misleading” and “fear mongering” rhetoric they said runs contrary to the values of the Volunteer State.

In a flurry of statements released last week, Gov. Bill Lee, GOP Sens. Marsha Blackburn and Bill Hagerty, along with GOP leaders in the state legislature demanded that the Biden administration reverse a plan – still in its preliminary stages – to coordinate transportation of asylum seekers with advocacy groups and churches in Nashville. 

“This is irresponsible and a threat to the safety of Tennesseans,” Lee said in his statement. Blackburn suggested the federal government was “trafficking illegal migrants into our state.” And Attorney General Jonathan Skrmetti cited the “terrible harms” of an unsecured border that include fentanyl deaths and “child sex traffickers.”

The fact is none of this is new. What is new, and an important first step, is a good faith effort to organize a coordinated response between governments and local process, to ensure that it is orderly.

– Lisa Sherman Luna, Tennessee Immigrant and Refugee Rights Coalition

On Wednesday, immigrant advocates noted that the plan was an effort by the federal government to coordinate what has been a loose and ongoing process of migrants making their way to Nashville after being vetted and released by ICE officials, often for short stints before reuniting with family in other states. 

“For decades, Tennesseans have done this work formally and informally,” said Lisa Sherman Luna, executive director of the Tennessee Immigrant and Refugee Rights Coalition, citing a history of welcoming immigrants and refugees that stretch back to the 1960s when Cubans arrived and continues today with Afghan and Ukrainian refugees.  “We’ve welcomed people and supported them as they rebuild their lives in this country.”

“The fact is none of this is new,” she said. “Welcoming and hospitality is woven into the fabric of who Tennesseans are…What is new, and an important first step, is a good faith effort to organize a coordinated response between governments and local process, to ensure that it is orderly.”

“While we’ve seen other governors and mayors who have responded to newcomers arriving in buses from border states, using their power and resources to make the process as smooth as possible, Gov. Lee’s response is really extreme and out of step with his constituents. Everyday Tennesseans don’t need or want a governor who creates a crisis by going on Fox News. We need leadership who is going to live up to our values, who will join the work of our communities and not miss an opportunity to help people get home to their families in time for Christmas.”

Several weeks ago, Sherman Luna and other groups got word that federal immigration officials were seeking an orderly way to transport asylum seekers from federal immigration processing centers – a process that currently requires immigrants to make their own way to their final destination.

The plan called for federal officials to pay for buses to transport those who wished to travel to Tennessee. Local nonprofits and churches quickly stepped up to plan for temporary beds, transportation vouchers for flights out of Tennessee, food, diapers and other necessities, Sherman Luna said.

Tennessee Attorney General Jonathan Skrmetti said he is “exploring all options” to halt plans to coordinate coordinate transportation of asylum seekers with advocacy groups and churches in Nashville.

“When we put the call to action out, calling on people to help us get loved ones home just in time for Christmas we were overwhelmed with the support from volunteers, from churches and other partners who quickly stepped up to organize a robust and welcoming infrastructure,” she said. 

The status of those plans remains unclear. Skrmetti said he was “exploring all options” in efforts to halt the plans. 

The vast majority of the immigrants are asylum seekers who have followed the legal process of presenting themselves at the U.S. border, assessed and found to have a credible fear of persecution in their home countries, said Lisa Graybill, vice president of Law and Policy for the National Immigration Law Center, who joined a press call with reporters to respond to Republican’s claims. 

A small minority of the immigrants would fall into a subset of asylum seekers who are making a second or subsequent attempt to come to the United States, she said. All of the potential immigrants have immigration court dates, are required to check in regularly with federal immigration officials and cleared the first hurdle in their asylum claims. 

The Border Patrol also screens all immigrants against multiple public safety databases, and assess whether the individual poses a general threat to public safety before releasing any individuals, an ICE spokesperson said.

 

Tennessee Lookout is part of States Newsroom, a network of news bureaus 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.

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ACLU Critical of Methodist Le Bonheur’s Transgender Policies

The American Civil Liberties Union of Tennessee is taking Methodist Le Bonheur Healthcare (MLH) in Memphis to task for canceling gender affirmation surgery for a 19-year-old patient.

According to the ACLU, Chris Evans was notified days before a scheduled surgery that the hospital had adopted a policy to deny gender-affirming care to transgender and nonbinary patients. 

“All people should be able to access necessary medical care without fear of discrimination because of who they are,” said ACLU-TN Staff Attorney Lucas Cameron-Vaughn. “Denial of healthcare results in life-threatening situations for all patients. Methodist Le Bonheur Healthcare is risking the lives of its patients by jumping into culture wars. Discrimination does not belong in healthcare.

A letter sent by Cameron-Vaughan alleges Evans was told of the facility’s decision on November 21. 

“Such a policy is unlawful discrimination based on sex pursuant to Section 1557 of the Patient Protection and Affordable Care Act, as well as discrimination on the basis of disability under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act,” wrote Cameron-Vaughan.

“Categorically refusing to provide treatment to an individual because they are transgender or nonbinary is prohibited sex discrimination under Section 1557,” the letter continues.

The ACLU “demands” the healthcare facility respond by the close of business on December 2 with confirmation Evans’ surgery has been scheduled to be performed before December 31. 

Should MLH not comply, the ACLU plans to file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights.

MLH’s website states the healthcare facility is Tennessee’s largest provider of care to TennCare/Medicaid and uninsured patients, serving more than 128,000 adult TennCare and Medicaid patients annually. 

A web page titled “LGBTQ+” has been deactivated from the site. 

In a statement, MLH said, “Our commitment remains to deliver high quality and compassionate care to any patient regardless of their race, gender, religion, national origin, sexual orientation, gender identity or expression. In recent weeks, some care providers voiced questions about patients receiving gender affirming procedures at a facility affiliated with our health system. This resulted in a temporary pause to review current practices. We have not changed our practices regarding the treatment of transgender and/or non-binary patients. We have not wavered from our commitment as a health system for all. We understand the physicians are moving forward with getting the patients rescheduled before the end of the year.”ACLU-TN-Demand-Letter-to-MLH-11.30.22_final.

Tennessee Lookout is part of States Newsroom, a network of news bureaus 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.

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Toxic Air

Leona Golster loves her home in South Memphis, but sometimes it’s hard for the 78-year-old to breathe on her front porch.

Every now and then, the wind blows the smell of chemicals from the Sterilization Services of Tennessee (SST), a facility that uses ethylene oxide (EtO) to sterilize equipment for businesses throughout Tennessee.

“Smells like they’re burning something,” she said, pointing to the building less than a mile away from her home.

For the past few decades since the facility moved into her community, Golster has gone inside to escape the smell or wore a mask to sit outside.

Not much was known about EtO when the SST facility was founded in 1976, and the Shelby County Health Department’s air program granted the facility permits to operate in 1985. And while SST is following the U.S. Environmental Protection Agency’s current rules and regulations, officials have since learned that a lifetime of exposure to EtO, a known carcinogen, could lead to long-term health impacts should current emissions continue.

Leona Golster sits on her porch but is sometimes forced to go inside to escape the smell of burning chemicals from the nearby Sterilization Services of Tennessee. (Photo: Dulce Torres Guzman)

Once, the smell bothered her, but “not like it used to,” she said.

She loves her home, a one-story brick house. She moved into this house in the 1960s after marrying a man she met at a club.

“He was a man, I tell you. He was a booga bear,” she recalled.

She raised her children there, three of whom are now deceased. Her two oldest daughters died from health complications as adults.

“She never did stop working,” she said of her second-oldest daughter. “We went to church, that Sunday she came home and died that evening. I gave her to the Lord, I said there ain’t nothing I can do, that’s God’s doing.”

Her youngest daughter died of pneumonia at 4 years old.

And since her husband died from a work-related accident seven years ago, Golster has lived alone, enjoying the quiet, seemingly abandoned neighborhood. Many houses are in disrepair, while others have been gutted.

After becoming aware of new information on EtO, the EPA announced outreach efforts to the communities living near the SST facility to inform them of the dangers in constant EtO exposure. EPA officials met with residents on October 18th.

Houses near Sterilization Services of Tennessee at 2396 Florida Street in South Memphis are at the center of an EPA investigation. (Photo: Tennessee Lookout/Karen Pulfer Focht)

About 292 households are located near the facility, according to the Memphis Community Against Pollution (MCAP). Although the EPA is supposed to be doing outreach to the neighborhood, MCAP volunteer Angela Johnson found few residents that knew about EtO or the EPA’s current involvement.

“If you don’t know it’s there, you don’t know it’s there,” she said.

As for Golster, she is often annoyed by calls asking to purchase her house, which she intends to live in for as long as she can.

“I stay to myself. I’ve been here for a long time. Nobody bothers me,” she said.

The toxic effects of EtO

EtO, a colorless and flammable gas, has long been used to make other chemicals and products like antifreeze and plastic bottles, as well as sterilizing medical equipment and some spices to prevent contamination from bacteria and viruses, according to the EPA. And while EtO emissions at permitted levels today were not considered dangerous, studies have since shown that a lifetime of exposure could lead to long-term health impacts, including elevated cancer risks.

Breathing air containing EtO is the main method of exposure, since it is unlikely to remain in food or remain dissolved in water long enough to be eaten.

As a known human carcinogen, studies found that years of exposure to EtO could lead to non-Hodgkin’s lymphoma, myeloma, and lymphocytic leukemia. For women, long-term exposure increases the risk of breast cancer.

Growing up around EtO can lead to devastating effects for children.

Studies have shown that as children’s bodies develop and grow, they are much more susceptible to the toxic effects of EtO. As a mutagenic, EtO can damage DNA and can lead to long-term neurological effects.

And because children are likely to play outside more often than adults are outside, they are more exposed to EtO, said Courtney Roper, assistant professor of environmental toxicology at the University of Mississippi.

Since the EPA is now investigating the negative impacts of EtO, changes in regulations may follow. The EPA announced its intentions to propose strengthening current regulations around EtO while taking into account risk to those exposed.

But this could take years, said Roper.

“It’s not going to be like, ‘Oh, tomorrow you have to change this,” even when regulations are in place, since facilities are given a set amount of time to kind of get into compliance,” she said.

And while some facilities across the country are already working to reduce EtO levels and working with local and state health departments, said Roper, SST has not indicated it will do the same.

An SST spokesperson offered no comment when this story originally ran early last month.

So you live near a toxic chemical plant, now what?

The larger picture of course, said Roper, is how environmental racism remains a factor in South Memphis. Memphis, a majority-minority city, has for decades carried the burden of housing area industries emitting pollution.

Over the past two years, Memphis Community Against Pollution, previously known as Memphis Community Against the Pipeline, gained national attention for resisting construction of the Byhalia Pipeline and for efforts to use eminent domain in a historically Black community to acquire the necessary property.

Critics of the Byhalia Pipeline accused the developers of following a playbook for environmental racism by targeting Black neighborhoods that seemingly lacked the political power of wealthier, primarily white areas.

Although plans for the Byhalia Pipeline were withdrawn, the environmental justice movement drew attention to the repeated pattern of industries producing pollutants operating in low-income, predominantly Black neighborhoods.

In Memphis there are 66 facilities contributing to cancer rates four times higher than the national average, with half located in South Memphis, according to the Energy News Network.

The area also has high asthma rates, has been deemed a hot spot for air pollution, and has received a failing grade in terms of air quality from the American Lung Association.

The SST facility is among those polluting factors, and while the EPA is currently conducting community outreach and planning to inform residents about the dangers of EtO exposure, it did not indicate what other actions will be taken beyond changes in regulations.

Once residents are made aware, the low-income community will most likely be unable to leave their homes to avoid further exposure.

“That’s the environmental justice aspect of situations like this, where individuals that don’t have the desire or ability to move from being near that facility are kind of like, ‘Well, I live by a facility that may be causing cancer,’” said Roper.

“So it’s definitely a challenge and there are no resources that I am aware of in place to support something like individuals moving after getting notice of this. It’s more on a federal side of just letting people know of the situation than tangible funds to change it,” she added.

And right now, the SST facility is in compliance with federal and state regulations, “so there’s no way to enact an expectation that they pay people to move,” she said.

Without changes in regulations, consistent pressure from community groups could enact swifter change. MCAP members and volunteers are currently enacting their own outreach efforts in South Memphis to alert neighbors. Roper has been collaborating with MCAP in learning more about the effects of EtO.

Memphis officials and the Shelby County Health Department are also working to alert residents and collaborating with the EPA.

“Shelby County Health Department has requested a cancer incidence study of the area surrounding the Sterilization Services of Tennessee facility from the Tennessee Department of Health to identify any higher-than-expected cancer rates among the population in that community,” said spokesperson Joan Carr, when she urged concerned residents to attend the EPA’s public meeting.

A home near a polluting plant is still a home.

Although Golster was unaware of the negative effects simply by living near pollution, she doesn’t plan on leaving any time soon.

Most recently she celebrated her 78th birthday and her grandson paid for her nails to be done. She proudly sat on her porch next to empty chairs, showing off her brightly colored nails and braided hair.

Her 11 grandchildren often come by for a visit, so she is not often alone.

“They some booga bears too,” she said.

EPA to South Memphians: Leaving your homes is the best option.

At Monumental Baptist Church in South Memphis, local residents lined up to tell federal officials how cancer possibly linked to their environment had taken their loved ones, friends, and family.

EPA officials flew into town to inform residents of the possible deadly consequences of living near Sterilization Services of Tennessee, a facility that has been located in the neighborhood since 1976.

The company uses EtO to sterilize items as disparate as medical equipment and spices. It operates under the necessary federal and local permits and no protective measures are required to prevent EtO from escaping into the nearby community, including those who worked nearby and children who attended nearby schools.

But in the last few years, EPA officials have learned that EtO was more dangerous than they previously knew. Breathing the chemical may have increased the risk for cancer and other health risks, with risk increasing due to proximity.

Children are also more susceptible, said Daniel Blackman, an EPA administrator responsible for overseeing four states, including Tennessee.

Controlled emissions are regulated by equipment designed to prevent EtO from escaping the facility, but fugitive emissions — or emissions that escape the facility — cause the most risk and are not covered under current regulations.

“Risk in Memphis is high and we’re very concerned about that risk,” said Blackman.

EPA officials also noted how there was little residents could do to minimize their risk beyond leaving their homes in South Memphis. There are no air filters that could protect them inside or outside their homes, and spending more time indoors does not reduce their risk.

“The best solution to reducing this risk is to reduce the amount of currently not regulated EtO, fugitive emission that is going out of this facility,” said Caroline Freeman, EPA air and radiation division director.

“As a matter of fact, spending less time near the facility would in fact reduce your risk,” she added.

On October 18th, EPA officials addressed residents’ concerns. The Shelby County Health Department director, Dr. Michelle Taylor, also attended.

As soon as the presentation was finished, residents from the affected neighborhoods, Riverside and Mallory Heights, left their church pews to stand in line and address the EPA officials directly.

Maxine Thomas, a South Memphis resident, walked to the microphone, carefully balancing on her cane as she asked how residents were expected to protect themselves.

“What are we going to do? Just die?” she asked. “I want to live a long life. I’m 83 years old.”

Another resident told officials she was born and raised near Sterilization Services of Tennessee, and she lived close enough that she could throw a rock at the building from her backyard. Although she later moved away, she later developed breast cancer, and several of her neighbors had also have had cancer.

“Some of us have lost parents. I lost my father,” said resident Carolyn Lanton.

Due to the cancer risks, EPA officials and the Shelby County Health Department are looking into how many cancer cases were connected to the residents in the area. The department is also working on creating resources for residents without the means to get tested for cancer, said Taylor.

“We are already working with all of our hospital partners in deep conversations about the number of resources that we will be able to bring there. We know that there are a lot of people in the community who are either uninsured or underinsured, don’t forget about that,” said Taylor. “So we have a lot of people, and a lot of that has to do with what’s going on at the state level, the fact that we are not a Medicaid expansion state. Don’t get me started on that.”

The EPA is also planning to propose new regulations targeting EtO emissions in the coming months, and a final proposal is expected in 2023. Once the regulations are set, the Clean Air Act allows facilities two to three years to comply with the requirements and the EPA has been encouraging facilities to work on reducing current emissions levels.

But residents asked why they were still being asked to take on the risk of living near a cancer-causing facility that only employed eight workers, they noted. Others complained that EPA officials had offered few solutions.

“We need something done now. We can’t keep dying for some [profit],” said Adrian Ward, a resident.

“We don’t need nothing but a solution to the problem. Ask them to move somewhere else less populated,” he added.

The problem is, said EPA officials, that Sterilization Services of Tennessee has not broken any regulations and has all the necessary permits. While the facility is one of 100 in the nation, the Memphis facility is one of 23 with higher risk — and no law prevented the facility from moving into a primarily low-income, Black community, a notion that many community activists have labeled as environmental racism.

“We have been dying disproportionately, and what we’re being told is to wait. We can’t afford to wait,” said Justin J. Pearson, co-founder of Memphis Community Against Pollution. “It’s that we are being sacrificed for polluters. We are being sacrificed for their profits, and we are being sacrificed because people in positions of power are not caring about our lives.”

“The Sterilization Services has got to go,” he said.

“It’s easy for you to say what you said, and I agree with the majority of why people are here. I think the challenge is that’s not how this process works,” Blackman retorted, adding that communities needed to challenge local zoning laws in order to make the facility move.

Pearson then addressed the EPA panel directly about their efforts to inform the community about the risks they inherited just by living in South Memphis.

“You have failed to adequately inform this community of what’s going on,” he said, adding that MCAP volunteers sent out thousands of flyers and text messages.

The community cannot wait on new regulations, said Pearson, and MCAP planned on continuing mobilization efforts to enact swifter changes.

“This is the movement that we’re talking about, and we need you to go back to Atlanta and do your job well and know that you’ve got Memphis to support you,” he said.

“But we don’t have time to wait,” said Pearson.

This story was written by Dulce Torres Guzman for Tennessee Lookout and originally published on tennesseelookout.com in two parts, which can be found here and here.

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News News Blog News Feature Uncategorized

Tennessee Healthcare Leaders Ask Legislature to Reverse Abortion Ban

More than 700 Tennessee doctors, nurses and other medical professionals are calling on the state’s GOP-super majority Legislature to revisit an abortion ban that criminalizes the procedure with no exceptions and subjects doctors who perform it to prosecution, fines and jail time.

In an open letter to the legislature, published in a full page ad in The Tennessean on Sunday, the healthcare professionals are asking the General Assembly to “reconsider the ‘trigger law.’”

“Tennesseans should have the right to make personal health care decisions with the assistance of their doctors and healthcare team – without the intrusion of politicians,” the letter says.

“This law puts the government in charge of deciding which healthcare options are available to patients, setting a dangerous precedent that violates the sacred physician-patient relationship.”

“And because it includes zero exceptions – not for rape, incest, fetal anomaly, or even to protect the mother’s life – it forces health care providers to balance appropriate medical care with the risk of criminal prosecution.”

Tennessee’s trigger law, formally named the “Human Life Protection Act,” took effect Aug. 25, after the U.S. Supreme Court overturned the landmark abortion rights case, Roe v Wade and left to individual states the right to set abortion rules.

In Tennessee, the law makes performing an abortion a Class C felony, punishable for up to 15 years in prison and a fine of up to $10,000 for anyone who performs one. There are no exceptions for rape or incest. Instead of containing an exception to the law for abortions necessary to spare the life of, or grave harm to, a pregnant patient, the law says doctors may use those circumstances as an affirmative defense in a criminal trial.

All Tennessee abortion clinics have ceased offering the procedure;  women seeking abortions must travel out of state. And doctors say they fear they will be prosecuted for providing life-saving abortions.

The signers of the paid ad are individuals, not the hospitals that employ them. Hospitals have declined to answer reporters’ questions about how they will comply with the law and whether they are permitting any life-saving abortions to be performed at their facilities.

“We are doing the heavy lifting ourselves—and that means funding the effort ourselves, as well,” said Dr. Amy Gordon Bono, a Nashville physician.

The letter was initiated by Dr. Nikki Zite, a Knoxville OB-GYN, Dr. Heather Maune, a Nashville OB-GYN, and Dr. Jessica Rosen, a Nashville emergency medicine physician, a news release said.

“This letter quickly gained support from so many colleagues because healthcare workers don’t want a ban without exceptions,” Dr. Zite said. “Medical professionals understand that there are situations, often heartbreaking, when ending a pregnancy is necessary. People don’t want physicians delaying care because they fear being criminalized.”

Organizers are working to next run the ad in the Tennessean online, Dr. Bono said.

The letter does not include specific recommendations for whether the law should be amended or overturned, but notes the law, as it is written now, could criminalize routine and urgent medical procedures, including tubal pregnancies, serious infections or cancers during pregnancy and miscarriage care.

 

Full text of the letter:

As medical professionals from across Tennessee, we call on our legislature to reconsider the “trigger law,” which bans abortion without exception and criminalizes physicians for providing lifesaving care.

This law makes ending any pregnancy a felony offense, even when the pregnancy cannot survive to viability and threatens the life of the mother. This impacts women experiencing miscarriages, tubal pregnancies, or even serious infections or cancers during pregnancy.

Tennesseans should have the right to make personal health care decisions with the assistance of their doctors and healthcare team – without the intrusion of politicians. This law puts the government in charge of deciding which healthcare options are available to patients, setting a dangerous precedent that violates the sacred physician-patient relationship. And because it includes zero exceptions – not for rape, incest, fetal anomaly, or even to protect the mother’s life – it forces health care providers to balance appropriate medical care with the risk of criminal prosecution.

We stand united in support of Tennesseans to make their own medical decisions including abortion care, and we affirm the position of all relevant national societies, including the American College of Obstetricians and Gynecologists, the Society for Maternal-Fetal Medicine, the American Academy of Pediatrics, and the American Medical Association in their opposition of this dangerous legislation.

This story originally published in Tennessee Lookout, part of States Newsroom, a national 501(c)(3) nonprofit supported by grants and a coalition of donors and readers.

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Politics Politics Feature

DeBerry’s Good Fortune, The Lookout, Commission COVID Controversy

No few local political observers were puzzled in the aftermath of November’s statewide elections by published reports that former state Representative John DeBerry had left his campaign financial account of roughly $200,000 untouched, spending none of it in his losing bid as an independent to newly elected Democratic successor Torrey Harris.

John DeBerry

Certainly that conclusion seemed somewhat sensible in the wake of DeBerry’s four-to-one loss to Harris, but the fact was that DeBerry had not gone unspoken for. Especially in the latter stages of his race, a plethora of signs boosting his re-election had appeared at strategic locations of the sprawling District 90.

It was suggested that DeBerry, whose GOP-like positions had caused him to be banished by the state Democratic Party from its ballot, had been the beneficiary of contributors from a conservative Political Action Committee on his behalf. To some degree he had, but it now develops, according to the Tennessee Lookout, that DeBerry did in fact spend from his own resources, to the tune of some $90,000, and that he would shortly be amending his previous financial disclosure report to the state Election Registry.

Going forward, the former legislator is likely to have few financial worries. As previously reported, he has been hired by Republican Governor Bill Lee as an advisor, at an annual salary of $165,000. How he’ll earn that is a little uncertain. DeBerry had a certain fame in the General Assembly for his oratorical prowess, which he used in recent years on anti-abortion and pro-voucher subjects, among others. How that penchant translates into his new advisory role remains to be seen.

• The aforementioned Lookout, which has a discernible progressive tilt, is renting space these days in the press room of the Cordell Hull building, which also houses legislators’ offices and meeting rooms, and will be covering the forthcoming legislative session from there.

Because of its arguable identity as an advocacy journal, there had been a modicum of controversy among the existing denizens of the press room, all serving established and ostensibly politically neutral periodicals, as to whether the Lookout should have a space there.

One of those considering the point rhetorically was Sam Stockard, a longtime journalist for various periodicals, most recently the Daily Memphian, for whom he rendered formidable service.

Somewhat to the astonishment of Stockard’s peers, the DM recently discontinued his role as their Capitol Hill correspondent. With the consent of his colleagues, Stockard will soldier on in Cordell Hull as the official lookout for the aforementioned Lookout.

• Even amid expectations of the imminent arrival of a COVID vaccine, the current spike of cases has raised anxiety in Shelby County. The auditorium of the Vasco Smith County Administration Building has suggested a ghost town for most of the pandemic in 2020. But it was filled to the maximum and beyond during a recent meeting at which county health department director Alisa Haushalter laid down new directives for dealing with the spike, which is currently setting new records for cases and deaths.

The new guidelines, which tightened mandates on mask-wearing, limited serving capacities, and established 10 p.m. closing times for restaurants, seemed moderate enough, at least by harsher standards applied elsewhere in the nation. But nearly 30 citizens came to the well to protest them, in sentiments ranging from sensible to troubled to outlandish.

One complainant advised the assembled commissioners and other county officials, “Listen to the mandate of the people in the referendum  provided to you daily on social media.” Another inveighed against the restrictions as specimens of “communism.” And there were numerous spurious statistics spouted, such as a claim that there had been only some 13,000 COVID deaths nationally, and only 37 in Shelby County, with the rest actually being misreported cases of diabetes, cancer, and gunshot wounds.

Most of the commentary from the audience, however, concerned the legitimate anguish, economic and otherwise, of gym proprietors and restaurant owners who felt their livelihoods to be in serious jeopardy. Commission chairman Eddie Jones patiently and sympathetically moderated the public-discussion period.