RESOLUTION NO. RS2011-1810

A resolution requesting the Metropolitan Department of Law to prepare and file an amicus brief in support of the plaintiffs’ lawsuit challenging the constitutionality of the Equal Access to Intrastate Commerce Act.

WHEREAS, on April 5, 2011, the Metropolitan Council enacted Ordinance No. BL2011-838 to prohibit Metropolitan Government contractors from discriminating on the basis of sexual orientation or gender identity through their employment practices; and

WHEREAS, Ordinance No. BL2011-838 was signed into law by Mayor Karl Dean on April 7, 2011; and

WHEREAS, in response to the Council’s enactment of Ordinance No. BL2011-838, the Tennessee General Assembly enacted HB600/SB632, which has been assigned Public Chapter No. 278 by the Tennessee Secretary of State; and

WHEREAS, titled as the “Equal Access to Intrastate Commerce Act”, Public Chapter No. 278 prohibits local governments from enacting any legislation that would “impose on or make applicable to any person an antidiscrimination practice, standard, definition, or provision that shall deviate from, modify, supplement, add to, change, or vary in any manner” from the state law nondiscrimination protections; and

WHEREAS, Public Chapter No. 278 also includes a provision retroactively voiding any existing local ordinances that provide such protections, this rendering Ordinance No. BL2011-838 null and void; and

WHEREAS, Public Chapter No. 278 sets a dangerous precedent for the state overturning local laws based upon ideology; and

WHEREAS, the Metropolitan Government should have the freedom and authority to make decisions for the protection of its citizens at the local level without state interference; and

WHEREAS, in response to the enactment of Public Chapter No. 278, a group of plaintiffs, including three Members of the Metropolitan Council, filed a lawsuit against the State of Tennessee alleging that the law violates the Equal Protection provisions of the United States and Tennessee Constitutions by depriving citizens of the right to seek protection from discrimination at the local level on the basis of sexual orientation or gender identity, and by imposing a more burdensome political process on citizens claiming discrimination on the basis of sexual orientation or gender identity; and

WHEREAS, given the effect that Public Chapter No. 278 has on legislation duly enacted by the Metropolitan Council and signed by Mayor Dean, it is fitting and proper that the Department of Law consider the submission of an amicus brief in support of the plaintiffs’ lawsuit challenging the constitutionality of the state law.

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

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Metropolitan Department of Law to prepare and file an amicus brief in support of the plaintiffs in the lawsuit styled Lisa Howe, et al. v. Bill Haslam challenging the constitutionality of the Equal Access to Intrastate Commerce Act, Public Chapter No. 278, which effectively nullified the Council’s actions to prohibit Metropolitan Government contractors from discriminating on the basis of sexual orientation or gender identity through their employment practices.

Section 2. The Metropolitan Clerk is directed to send a copy of this Resolution to Director of Law Sue Cain.

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: Kristine LaLonde

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee
Introduced:	August 16, 2011
Adopted:	August 16, 2011 - Roll Call Vote
Approved:	August 22, 2011
By: