NASHVILLE, Tenn. (AP) — A Tennessee appeals court on Tuesday upheld the constitutionality of a law passed by the state’s Republican-controlled legislature to punish the Democratic-leaning city of Nashville by slashing the size of its council.
The 2023 law aims to cut Nashville’s consolidated city-county governing council in half, from 40 members to 20. Although it was written to apply broadly statewide to both city and consolidated city-county governments, Nashville is the only Tennessee city meeting that definition with a council of more than 20 members.
The law was one of several targeting Nashville after the council’s rejection of efforts to host the 2024 Republican National Convention in Music City.
The Tennessee Court of Appeals 2-1 ruling on Tuesday overturns an earlier split decision by a panel of judges at the trial court level that ruled in favor of the city. The law has been on hold pending appeals.
Nashville attorneys argued that the law is unconstitutional because a provision of the Tennessee Constitution that limits local legislative bodies to 25 members explicitly exempts municipalities organized under a consolidated city-county government. The city also argued the law violates another section of the Tennessee Constitution known as the Home Rule Amendment that prevents the General Assembly from making laws that apply to a single county or municipality.
In ruling against the city, the majority wrote that nothing in the Constitution explicitly prevents the General Assembly from “imposing its own limit on the voting membership of a metropolitan council.” Given the fact that the judges must start from the assumption that state statutes are constitutional ”we cannot condone interpreting the Tennessee Constitution’s silence such that the legislature’s power is curtailed in this manner.”
In his dissent, Judge Kenny Armstrong argued his colleagues are misinterpreting the word “exempt.”
“While the Article contains no language to enjoin the General Assembly from limiting Metro’s legislative body to any number over 25, the Article clearly precludes the General Assembly from limiting Metro’s membership to any number less than 25,” he wrote.
Armstrong did not address the Home Rule Amendment. The majority there found that even though Nashville is the only city that the law actually effects, it was written as a law of general application.
Nashville has been mostly successful in challenging some of the other state laws taking aim at the city, although many of the cases are still in appeals.
In one, a judicial panel ruled the state cannot enforce a law making it easier to pass changes through the metro council to the local fairgrounds speedway, which is being considered for upgrades in hopes of drawing a NASCAR race.
A court panel likewise ruled it was unconstitutional for Tennessee lawmakers to pass a state takeover of Nashville International Airport’s board.
Judges also temporarily blocked a law that would reconfigure the group overseeing professional sports facilities in Nashville by letting state leaders pick six of its 13 board members.
Republcan House Majority Leader William Lamberth issued a statement on Tuesday praising the court’s ruling on the size of Nashville’s council.
“I applaud the court’s decision today affirming the constitutionality of the Small Government Efficiency Act. This action reins in excessive government growth while ensuring local municipalities across the Volunteer State remain accountable and responsive to their constituents,” he wrote.
Nashville Vice Mayor Angie E. Henderson said in a statement that the decision fails to respect the will of Nashville voters, who created a “highly representative, local legislative branch.” Henderson said they will discuss next steps with the city’s attorneys.
