RESOLUTION NO. R98-992

ADOPTED 1/20/1998

RESOLUTION NO. R98-992

A RESOLUTION REQUESTING THE DAVIDSON COUNTY DELEGATION TO THE TENNESSEE STATE GENERAL ASSEMBLY TO INTRODUCE AND HAVE ADOPTED LEGISLATION PROVIDNG PROMPT JUDICIAL REVIEW OF DECISIONS OF BOARDS OR COMMISSIONS WHEREIN THERE IS AN ALLEGATION OF THE RESTRAINT OF CERTAIN CONSTITUTIONALLY PROTECTED RIGHTS.

WHEREAS, the Metropolitan County Council ADOPTED Ordinance Number O97-796 on August 19, 1997, that provided for the licensing and regulation of adult entertainment and adult businesses and, the Metropolitan Government has been enjoined from the enforcement of the provisions of this ordinance due, in part, to the length of time required for judicial review of the decisions made by the board established by that ordinance; and

WHEREAS, the length of time required for judicial review is provided for in Tennessee Code Annotated Section 27-9-111; and

WHEREAS, this section of Tennessee Code Annotated affects not only the judicial review of matters related to Ordinance Number O97-796, but also affects the time required for judicial review of all decisions of boards and commissions that are alleged to restrain constitutionally protected rights under the First Amendment of the U.S. Constitution or Article I, Section 19 of the Tennessee Constitution; and

WHEREAS, it is in the best interest of the Metropolitan Government that the time required for judicial review of all decisions of boards and commissions that are alleged to restrain constitutionally protected rights under the First Amendment of the U.S. Constitution or Article I, Section 19 of the Tennessee Constitution be limited so that prompt judicial review is provided.

NOW, THEREFORE, BE IT RESOLVED BY THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee State General Assembly to have introduced and adopted legislation that would provide for prompt judicial review of the decisions of boards or commissions when such decisions are alleged to restrain the rights of a party protected by the First Amendment of the U.S. Constitution or Article I, Section 19 of the Tennessee Constitution.

SECTION 2. The Metropolitan Clerk is directed to send a certified copy of this Resolution to each member of the Davidson County Delegation to the Tennessee State General Assembly.

SECTION 3. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.