A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to support House Bill 2778 and Senate Bill 2418, a proposed amendment to Tennessee Code Annotated, Title 27, Chapter 9, relative to the review of a decision of a board or commission that has revoked, suspended or denied a license or permit that is required prior to engaging in conduct protected by the First Amendment.

Whereas, On December 6, 2001, the United States Court of Appeals for the Sixth Circuit reversed the United States District Court for the Middle District of Tennessee in Déjà Vu of Nashville, Inc. v. Metropolitan Government, 274 F.3d 377 (6th Cir. 2001) and held that Metropolitan Code Chapter 6.54 Sexually Oriented Business Licensing Board's regulations were constitutional; and,

Whereas, although the Court of Appeals for the Sixth Circuit held that the Metropolitan Government's regulations themselves were constitutional, it also held that Tennessee's writ of certiorari statute, T.C.A. Section 27-9-111, still does not guarantee someone seeking judicial review of a board's or commission's denial of an approval that is required prior to engaging in conduct protected by the First Amendment to the United States Constitution a prompt judicial review of that administrative decision; and,

Whereas, the Court of Appeals for the Sixth Circuit refused to dissolve the injunction enjoining the Metropolitan Government from enforcing Chapter 6.54 until such time that prompt judicial review of such an administrative decision implicating First Amendment rights is guaranteed; and,

Whereas, the Metropolitan Government of Nashville and Davidson County has petitioned the United States Supreme Court for permission to appeal the Sixth Circuit Court of Appeals' decision in Déjà Vu of Nashville, Inc. v. Metropolitan Government, 274 F.3d 377 (6th Cir. 2001); and,

Whereas, House Bill 2778 and Senate Bill 2418 have been filed with the Tennessee General Assembly in order to amend T.C.A. Section 29-7-111 so that it will provide "prompt judicial review" in accordance with the Sixth Circuit's decision in Déjà Vu of Nashville, Inc. v. Metropolitan Government, 274 F.3d 377 (6th Cir. 2001); and,

Whereas, a proposed amendment to House Bill 2778 and Senate Bill 2418 would make the enforcement of the pending amendment to T.C.A. Section 29-7-111(e) contingent upon either the United States Supreme Court denying the Metropolitan Government's petition for an appeal or, if the appeal is granted, contingent upon the United States Supreme Court affirming the Sixth Circuit's decision and refusing to dissolve the injunction.

Now, therefore, be it resolved by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. That the Metropolitan County Council, in order to enforce Metropolitan Code Chapter 6.54 Sexually Oriented Business Licensing Board, hereby goes on record as supporting both an amendment to T.C.A. Section 27-9-111 (House Bill 2778 and Senate Bill 2418) and any proposed amendment to the amendment to T.C.A. Section 27-9-111 that would condition enforcement of the amendment of T.C.A. Section 27-9-111 upon the United States Supreme Court either denying the Metropolitan Government's application for a writ of certiorari to appeal the Sixth Circuit Court of Appeals' decision in Déjà Vu of Nashville, Inc. v. Metropolitan Government, 274 F.3d 377 (6th Cir. 2001), or if the appeal is granted, condition enforcement of the amendment upon the United States Supreme Court affirming the Sixth Circuit's decision and refusing to dissolve the injunction.

Section 2. That the Metropolitan Clerk is directed to send a certified copy of this Resolution to each member of the Davidson County Delegation to the Tennessee 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.

Sponsored By: Chris Ferrell, Lynn Williams

LEGISLATIVE HISTORY
Referred to:	Rules & Confirmations Committee
Introduced:	March 19, 2002
Adopted:	March 19, 2002
Approved:	March 25, 2002
By: