The group that unsuccessfully opposed Mayor Freddie O’Connell’s transit referendum ahead of the November election is taking a new approach, filing suit in Davidson County Chancery Court on Wednesday seeking to declare the vote void.
Nearly two-thirds of Nashville voters backed the proposal, which establishes a half-cent sales tax surcharge to be dedicated to Nashville’s transit system, sidewalks adjacent to the transit system and traffic signal updates.
The plaintiffs in the suit are the Committee to Stop an Unfair Tax and Emily Evans, the group’s chair. They are represented by Nashville attorney Kirk Clements. Chancellor Anne Martin immediately rejected the plaintiffs’ request for a temporary injunction, citing their lack of compliance with court procedures. A temporary injunction could still be granted at a later date.
The challengers contend that the proposal violates state law by offering to pay for things that go beyond the scope of public transit, like sidewalks and signals.
“The Mayor used the term ‘transportation’ instead of ‘transit’ because he knows very few Nashvillians use Nashville’s mass transit system or ever will,” the complaint states. “The Plan contains multiple projects which clearly do not fall within the definition of a “Public Transit System.” … The Mayor’s Plan disingenuously attempts to inject ambiguity into the definition of a Public Transit System by expanding the natural and ordinary meaning of the term ‘connectivity’ as used in the Act.”
“Our only comment is that the complaint speaks for itself,” Evans said when reached for comment.
The Davidson County Election Commission certified the election last Friday.
The state comptroller reviewed O’Connell’s proposal prior to it being placed on the ballot.
“The transportation improvement plan referendum fully complied with state law,” Metro Legal Director Wally Dietz told the Banner. “This lawsuit is a nuisance.”