MEMPHIS, Tenn. — Memphis City Council members filed a lawsuit against the Shelby County Election Commission, which was announced during a press conference Friday, Aug. 30, after state and county officials said they would not allow gun control measures to appear on the November ballot.
Memphis City Council Chair J.B. Smiley was joined by fellow councilmembers Jana Swearengen-Washington, Pearl Walker, Jerri Green and Yolanda Cooper-Sutton.
“Why do you want us to be unsafe? And why do you want us to be so poor?” asked Councilwoman Walker during the press conference, a question directed at the Tennessee state government.
Councilman Smiley said they anticipate being in court as soon as the first week of September. He said this is a unified decision by the city council to fight for the rights of Memphis voters.
He and his colleagues repeated that the state government chose the wrong city and the wrong city council to mess with.
“They know that over 70 percent of Tennesseans want gun reform. They don’t care," Councilman Smiley said. "They know that the law enforcement community wants gun reform. They don’t care. They know we need our resources. They don’t care. The moral of the story is, they don’t care. But we do.”
The news come as Tennessee state lawmakers continue to weigh in on the threat to withhold state sales tax revenue from Memphis over a ballot referendum to introduce gun control measures in the city. City council members filed the lawsuit Friday morning.
“We have come to meetings over and over again and talked about how gun violence is an issue. We talked about how they need to do something," said Amber Sherman, a Memphis voter and social justice organizer.
Tennessee Secretary of State Tre Hargett said his office will not allow this measure to go on the November 2024 ballot, and the Shelby County Election Commission has stated they intend to abide by this decision.
“They made a direct attack against this council’s authority and the will of the people," said Councilman Smiley. "They don’t have the ability to do that. They take orders and they take orders from us.”
Tennessee House Speaker Cameron Sexton told ABC24 on Tuesday, Aug. 27, that they are working on a bill that would punish any such action like this going forward.
Prior to Friday's announcement, State Representative Antonio Parkinson, a Democrat from Memphis, said he understands why the city would want a referendum for voters to weigh in on local gun control measures.
“If there are policies that are coming from the state that are harmful to the city of Memphis, then the city of Memphis has the right to put things in place that will protect its citizens if the state is not,” Rep. Parkinson said.
The proposed measures include requiring handgun permits, banning assaults weapons and creating a "red flag” law.
“Guns are out there and shootings are happening on a regular basis,” Rep. Parkinson said. “We failed miserably.”
In the suit, the city council states that, as a “Home Rule” city, Memphis has the constitutional right to submit an amendment for voter consideration, which cannot be denied by the general assembly or the local election commission.
“I’m tired of watching my friends bury their children when children are supposed to bury their parents,” said Kermit Moore, President of the NAACP Memphis Branch, who also attended the press conference.
“We’re going to fight and we’re going to fight like hell and we ain’t going to stop,” said Councilwoman Cooper-Sutton. “You wan blood? That’s what we’ll give you. You’re going to bleed just like us.”
Linda Phillips of the Shelby County Election Commission sent a statement to ABC24 saying:
“We regret the city's decision. The Shelby County Election Commission is without jurisdiction to decide whether or not the gun control referendum be placed on the ballot. This body has taken no action regarding the referendum beyond abiding by the state's directive. The state, by law, guides our execution of elections, including, but not limited to, the legality of our ballots, candidate qualifications and referendum questions.”
Memphis Mayor Paul Young also released a statement on Friday’s lawsuit, saying that while he understands Memphians’ frustration, putting the referendum on the ballot would be “futile” saying:
“We understand the frustration that led the council to take action; guns are at the center of the crime issue in Memphis. I signed the referendum because I understand it. However, our administration also understands the complexity of the issue at hand.
Adding this proposed referendum to the ballot would ultimately be futile as state law precludes local Tennessee governments from regulating gun laws. It has escalated tensions at a time when we should be working together on a range of measures including those related to violent crime.”
House Speaker Sexton has maintained that the referendum is an attempt to go around state law.
“If the local government doesn’t have the authority or the ability or they’re trying to override state law, which they cannot do, then there needs to be a consequence to make sure that they don’t go down that road,” he said.
If the House Speaker followed through on the threat to withhold state sales tax from Memphis, he said it would cost the city close to $77 million. By comparison, Shelby County has contributed more than $1.24 billion to the Tennessee sales tax collection so far in 2024, per the Greater Memphis Chamber.
House Speaker Sexton wants to create a bill that could impose this kind of a penalty on all local governments that try to attempt a similar measure.