Another local builder is challenging Metro’s practice of requiring infrastructure improvements before granting project permits.

In a complaint filed last month in Davidson County Chancery Court, Fair Lane Properties contends that Metro’s requirement that it pave two alleys and the street in front of its Edgehill-area residential project was unconstitutional. According to the complaint, the work cost more than $69,000, and the company is seeking a return of the costs and a court declaration that the permitting demands are unconstitutional.

The company built four million-dollar homes on Alloway Street.

The developer’s lawyer, Dominick Smith, has represented builders seeking to recoup sidewalk costs incurred under a policy since thrown out by a federal appeals court. The Alloway project already has recouped its sidewalk costs, he said.

The other permitting conditions are “unconstitutional for the exact same reasons,” he said.

“Metro is always trying to see what they can squeeze [and] get them to do,” Smith said, calling Metro’s permitting regime “the Wild West.”

The newly filed case echoes the complaints of another developer, which sued Metro in federal court in September. In that case, a company alleges that it was forced to replace a waterline as part of Metro’s “extortionate” permitting regime.

Though Metro has declined to comment on the cases, city lawyers filed a response in the federal case last week. In the filing, Metro denied that any of its requirements were unconstitutional and reiterated that the expanded waterline was necessary for modern fire protection needs.

“The conduct and actions of all Metro officials regarding the issuance of the building permit that is the subject of this complaint were objectively reasonable and justified under the circumstances,” Metro lawyers wrote.

The post CFPB Opens Investigation Into Hailey Welch's HAWK TUAH Memecoin appeared first on Nashville Banner.

Former District 28 Metro Councilmember Tanaka Vercher is suing Tennessee State University, alleging the school fired her from her role as director of financial aid for refusing to participate in illegal activities. 

According to a complaint filed in Davidson County Chancery Court on Monday, Vercher worked in TSU’s administration for 21 years. In her position, she performed a “reconciliation” process where she confirmed that students who had applied for federal financial aid were eligible for that aid, a necessary step before the government can distribute funds. But she alleges that in August, amid the school’s economic troubles, consultants and school leadership attempted to pressure her into requesting the distribution of federal financial aid before the reconciliation process was complete. 

The suit alleges the issue came to a climax on Aug. 27, when Vercher met with then-TSU Chief of Staff Curtis Johnson, Barbara Tharpe, who now works in Vercher’s former role, consultant Beau Briggs and other top administrators, including members of the president’s office. 

“During this meeting, Ms. Vercher estimated that more than twenty percent of TSU students had been admitted without proof of a high school diploma or its equivalent,” reads the suit. A high school diploma is required for a student to be eligible for financial aid. “Her refusal to request funds for these students meant a loss of approximately $7,000,000 in available cash to TSU. Mr. Briggs repeated that TSU could not wait until the reconciliation process was complete in October for distribution of these funds.”

On Aug. 28, Vercher received an email from TSU informing her that she had been fired. 

“She had previously received highly favorable performance reviews and had just been given a raise in July, one month earlier,” reads the suit. “No reasonable explanation exists for Ms. Vercher’s termination. The only explanation is that TSU was retaliating against her for her refusal to request government funds for TSU, to which she knew TSU was not entitled. The action that TSU was requesting Ms. Vercher take was illegal and a violation of important public policy.”

Vercher, who is represented by Elizabeth Hart of the Franklin-based Swafford Law Firm, is asking for back pay, front pay and damages. 

The suit is yet another bump in the road for TSU during ongoing issues. On Nov. 22, the school’s board unanimously voted to fire the school’s top lawyer and cease payments to former president Glenda Glover, who was set to be paid $1.7 million over the next four years.

Update, 2 p.m.: A day later, TSU emailed the following statement:

“Tennessee State University has been made aware of the lawsuit filed yesterday and does not comment on pending litigation. We are committed to upholding the highest standards of integrity and will address the matter appropriately as it progresses. All further questions should be directed to the State Attorney General’s Office.”

The post Former Metro Councilmember Alleges TSU Fired Her Because She Wouldn’t Break Federal Rules appeared first on Nashville Banner.

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.”

The post Transit Plan Opponents Seek to Reverse Nashville Referendum Results appeared first on Nashville Banner.

The Nashville Kats are suing local entrepreneur Chuck McDowell for failing to make good on a $2.5 million payment to become a partner in the ownership group. 

The recent season was anything but smooth for the Arena Football League, an indoor football league that typically draws players looking to keep their hopes of making it to the NFL alive. Launched in 2023 as a new iteration of the Arena Football League that ran from 1987 through 2019, the latest attempt saw half of its 16 teams fold during the course of the season, and there were stories of players who claimed they were mistreated and were not paid. Eventually, the championship game was played in a shopping mall. 

Still, McDowell agreed to buy in as the largest individual stakeholder of the team in March. However, according to the five-page complaint filed in Davidson County Chancery Court on Friday, McDowell refused to make his payments in an “attempt to gain leverage in buyout negotiations.”

“McDowell Ventures, LLC agreed to pay [Nashville Arena Sports] $1,000,000.00 on September 15, 2024, and the remaining payments in 2025 and 2026,” reads the complaint. “McDowell Ventures, LLC failed to pay NAS $1,000,000.00 on September 15, 2024. To date, McDowell Ventures, LLC still has not paid NAS the amount due under the Promissory Note.”

A promissory note filed as an exhibit with the complaint shows that McDowell agreed to pay $2.5 million over two years. However, a letter from NAS’s lawyer to McDowell dated Oct. 14 says that McDowell had still not made his first payment a month after it was due. 

“McDowell Ventures and Mr. McDowell deny any and all wrongdoing and will be vigorously defending this meritless complaint and pursuing claims against the Plaintiff and any other culpable parties,” McDowell Ventures said in a statement to the Banner.

Former Titans coach and Kats co-owner Jeff Fisher was named interim AFL commissioner during the season. Soon after the final contest, Following the end of its rocky 2023-2024 season, former he departed the league and took its eight remaining teams with him, forming Arena Football One, despite open questions about the league’s future. 

According to the Arena Football One website, the 2025 season will happen, but it is unclear when. League CEO Jerry Kurz told media in September that the league would expand to 12 teams with plans to release a season schedule in mid-October. 

This is not McDowell’s first time in court. In May 2023, the Tennessee Court of Appeals affirmed a trial court’s decision to award a former employee of Wesley Financial Group, which McDowell founded, damages for breach of contract, unjust enrichment, and retaliatory discharge claims. 

Additionally, Wesley Financial Group recently settled a long and contentious litigation with Westgate Resorts over Wesley’s efforts to help timeshare owners get out of their contracts. In a joint filing earlier this month, Wesley dismissed its case, which alleged antitrust violations.

The post Latest Version of Nashville Kats Suing One of their Owners appeared first on Nashville Banner.

University School of Nashville is suing former teacher Dean Masullo, who was removed from his position after allegedly grooming a student, over a breach of a separation agreement, which included the school paying him $28,443. 

Masullo was removed in the spring over his alleged grooming and sexual harassment of a student during her final semester at the school, after she had turned 18. News of the situation broke on Sep. 6, when a letter from the student’s lawyer to the board began circulating. In that letter, sent on Aug. 22, attorney Alex Little criticized USN for its handling of the situation, saying that the school suppressed information and failed to conduct a third-party investigation. Following widespread outrage from USN teachers and parents, the school eventually launched a third-party investigation. 

However according to a new complaint from the school filed in Davidson County Chancery Court, Masullo has refused to participate in the investigation. 

“On or about September 28, 2024, the Investigators contacted Defendant to schedule an interview as part of the Investigation,” reads the complaint. “On September 29, 2024, counsel for Defendant sent an email to the Investigators, stating that Defendant would not ‘be answering any further questions’ due to an alleged pending criminal investigation.”

The complaint reveals that as a part of a separation agreement between USN and Masullo, the school paid him $28,443 — three months pay — in exchange for him releasing “all claims against USN and other ‘released parties’” as well as his “cooperation in any ongoing or future investigations or other legal matters.”

The Banner asked why a teacher who was credibly accused of grooming would receive a severance package. In an emailed statement, USN said the money Masullo received “was paid to prevent him from filing future litigation.” (The school’s full statement appears at the end of this story.)

USN is asking that the court order the return of the $28,443 and mandate Masullo’s cooperation in the investigation, which is being conducted by local law firm Barnes and Thornburg LLP.

One of the main complaints from teachers and parents upset with the school’s handling of the situation was that rather than hire a third party to investigate Masullo, USN only made one hire: a law firm that specializes in employment to represent the school. This renewed investigation, with an actual third-party firm, was initiated in September. More than 200 parents and nearly 100 teachers have signed letters of no confidence in the school’s leadership. 

Full statement from USN

“University School of Nashville has filed a lawsuit against its former high school teacher Dean Masullo, who was terminated in July following an investigation into his inappropriate conduct toward an alumna of the school. The lawsuit was filed after Masullo refused to participate in a newly launched investigation into his conduct while at USN. The lawsuit asks the court for two results. First, Masullo should abide by his termination agreement and participate in the new investigation. Second, because he has broken the terms of his termination, Masullo should repay the school the 3-month salary he received which was paid to prevent him from filing future litigation. USN seeks truth and clarity regarding this painful matter. Our community is working through a comprehensive process so that we can learn from this difficult situation, heal, and become stronger.”

The post University School Files Suit Against Former Teacher Accused of Grooming Student appeared first on Nashville Banner.

Today’s weather: Clear and warm. HIGH 88, LOW 55

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THE LEDE

Former Medical Examiner Recants Testimony that Put a Nashville Man in Prison for Killing Infant Son

Former Davidson County Medical Examiner Dr. Bruce Levy has changed his opinion in the 1999 death of infant Bryan Alexander Maze. Then, Levy determined that the child died of Shaken Baby Syndrome, and the child’s father, Russell Maze, ultimately was convicted of murder.

Now, in an affidavit filed on Monday, Levy said, in part, “I recant my trial testimony that Bryan Maze suffered from Shaken Baby Syndrome. I recant my trial testimony that Bryan Maze was a victim of child abuse. I recant my trial testimony that Bryan Maze died as a result of ‘injuries’ sustained from the May 3, 1999 event.”

Russell Maze has spent the last 25 years in prison and recently was unsuccessful in an attempt to have his conviction overturned, despite the recommendation of the Davidson County District Attorney’s Conviction Review Unit.

FROM THE BANNER

BANNER & COMPANY: North Nashville is an important, historic area and home to some of the city’s most significant institutions. But it’s also a place that has weathered disruption, unrest and neglect. Decades ago, the interstate cut the community in half — literally — displacing residents and shuttering businesses. But for those who have chosen to stay, North Nashville has always been a place that is more than the sum of its parts. That’s why one resident has dedicated herself to lifting up the stories of people who live there.

This week, we bring a special presentation of the independent podcast We Are North Nashville. It’s about the lives of nine elders who call North Nashville home, and it tells their stories of this place. The podcast is part of a larger storytelling project led by artist and community organizer M. Simone Boyd, who also co-hosts. Before they started working at the Banner, audio producers Andrea Tudhope and Steve Haruch had already begun work on this project. (Note: The Banner is an in-kind partner.)

ON THE RECORD

PRICE DIPS: The median single-family home price in Nashville was $485,000 in August, down from $506,750 in July and below $500,000 for the first time in several months, according to a report from Greater Nashville Realtors. The organization also reported that there were 3,086 home closings in August, down 6 percent from the mark of August 2023, when the median price was $476,559. Greater Nashville Realtors President Kevin Wilson said a recent decline in interest rates had “brought buyers back into the market” and pointed to relatively high pending-sales figures. — Stephen Elliott

DRY, DRY LAND: Metro Water Services has asked residents to continue limited use of irrigation systems and to use them at off hours as drought conditions remain in effect for all of Davidson County. The guidelines, first issued on Aug. 28, request that residents run their systems no more than three days a week – odd-numbered addresses on Monday, Wednesday and Friday and even-numbered addresses on Tuesday, Thursday and Saturday – between 7 p.m. and 4 a.m. and no more than three hours at a time. Currently, 29 percent of Tennessee is considered “abnormally dry,” and that includes more than half of Davidson County (52.2 percent). The rest of the county (47.8 percent) is in a “moderate drought.” Nashville has gotten less than half the usual precipitation over the past 30 days, and this week’s first chance for rain will be Thursday. – David Boclair

PUSHING BACK: The hemp industry is challenging the Tennessee Department of Agriculture’s new rules regulating the sale of hemp-derived cannabinoids in the state. The Tennessee Growers Coalition and two private hemp companies filed suit in Davidson County Chancery Court on Friday alleging that there was no emergency basis for the rules and asking the court to throw them out. The emergency rules follow a law passed in 2023 by the state legislature regulating and taxing the sale of the products. “The Tennessee Department of Agriculture had more than a year to promulgate final rules related to hemp products,” the plaintiffs wrote in their complaint. “Because it wasted time, it called its own delay an ’emergency’ and promulgated so-called ‘Emergency’ Rules without notice, comment, or any of the other required rulemaking procedures.” A department official said in July it hopes to have permanent rules in place by the end of the year. — Stephen Elliott

BEST OF THE REST ($ indicates subscription required)

• VOTING BLOCKED: A look at how Tennessee has become the national leader in voter disenfranchisement. (New York Times)

• MILITARY POWER: The U.S. is repurposing unused nuclear warheads into reactor fuel that will help provide power to cities. (CNN)

• TELL A LIE: One teacher’s in-the-moment response to last week’s mass shooting at a Georgia high school was to tell her students it was a drill in order to minimize panic. (NPR)

• THE HARD WAY: Russia’s efforts to use foreign media for diplomacy have strayed from the traditional “soft power” approach to what has been dubbed “hard soft power” tactics. (The Conversation)

• DENY, DENY: Nearby residents say a Louisiana oil refinery fire last August posed and created significant health risks that corporate and government officials did not, and do not acknowledge. (The Guardian)

• WORD PLAY: A trade group made up of leaders of major corporations is pushing for permission to label packaging “recyclable,” even if it effectively is not. (ProPublica)

• POLITICAL PURCHASES: Only 29 percent of brands in the U.S. market are considered “bipartisan.” Here’s a look at products those on either end of the political spectrum prefer. (Sherwood)

Quote of Note

“It gets in the eyes. You get cracks in your feet. And you get mud in your toenails for weeks,” he said. “You get it in your ears too. You’ll be cleaning out your ears for a long while … you’ll be blowing your nose and you’ll get some dirt and you’re like, oh, I didn’t know I still had that there.”

— Ryan Martin, a veteran of the Mud Bowl, which was contested for the 50th year over the weekend in New Hampshire.

The post Upon Further Review appeared first on Nashville Banner.

Today’s weather: Sunny with extreme heat. HIGH 100, LOW 74

THE LEDE

Sewage From Kingston Springs Emptying Into the Harpeth River

A sewage treatment facility in Kingston Springs empties into the Harpeth River every day. It is legal, but under the Clean Water Act, these wastewater discharges need to happen within certain limits. During some periods, E. coli bacteria in the area of this particular plant was more than 2,000 percent higher than the permitted amount.

After years of trying to get the state to address the problem, a conservation group has given notice that they intend to sue. 

FROM THE BANNER

SHOW OF FORCE: More than a year after the deadly 2023 Covenant School shooting, the police presence at Nashville schools is more prominent than ever. School resource officers are assigned to every public high school and middle school, and the program is starting to expand into elementary schools. But while Metro officials say SROs are part of creating a safer environment for students, some advocates worry that increased law enforcement in schools means childhood behavioral struggles can become criminalized. READ THE STORY

LAST-DITCH EFFORT: It’s been more than a year since VUMC notified 174 transgender patients that their medical information — including pictures of genitalia, gender identity unknown to others, private communication with clinicians, sexual history, identity of intimate partners and more — had been provided to Tennessee Attorney General Jonathan Skrmetti in response to a probe. Now, in a last-ditch effort to prevent a class action certification,  Vanderbilt University Medical Center is attempting to discredit three transgender patients who are suing the hospital over the release of medical information to Skrmetti. READ THE STORY

ON THE RECORD

SEXUAL MISCONDUCT POLICY: The Community Review Board has published a report and proposed policy on police sexual misconduct. The report highlights allegations against the Metro Nashville Police Department in recent years and says that the CRB has received complaints about sexual misconduct by officers. The report further says that the board “has also been notified of multiple cases of MNPD failing to conduct investigations into cases of sexual assault or sexual battery on behalf of civilian victims.” Along with the report, CRB staff drafted a sexual misconduct policy modeled after similar policies created by End Violence Against Women International and the International Association of Chiefs of Police. Board members have expressed the hope — and the report itself recommends — that MNPD will adopt the policy. — Steven Hale

SLOWING DOWN: The Nashville Department of Transportation staff has picked 25 traffic-calming projects for its fall cohort. The projects were chosen from a pool of nearly 600 submissions, a 19.5-percent increase from 2023. Another application pool opens next week. Projects can include street narrowing, traffic circles and speed cushions. See the map of selected applicants here. — Stephen Elliott

ISSUES AT NMAAM: When Henry Hicks, III departed from his role as the National Museum of African American Music’s CEO in August 2023, there didn’t seem to be any turmoil publicly. But in a newly filed lawsuit in Davidson County Chancery Court, Hicks alleges that his departure came following a settlement agreement. Hicks alleges that NMAAM agreed to a total of $350,000 through multiple payments in return for him releasing certain unspecified claims he had against the museum. But Hicks alleges that in November, NMAAM board member Stacey Koju called him and told him that the museum was having cash flow problems and “alleged various acts on the part of Hicks that she contended relieved the Museum of its obligation to continue making severance payments.” Hicks denies whatever Koju alleged, and claims NMAAM still owes him $293,654 plus interest. — Connor Daryani

HEAT THREE-PEAT?: It was shortly after noon Wednesday when temperatures in downtown Nashville officially hit triple digits, according to the National Weather Service, the same as on Tuesday. Chances are it will happen again sometime today. If it does, it will mark the first time since July 2012 that Nashville experiences three straight days with temperatures of 100 degrees or more. Then, the recorded temperature at Nashville International Airport was 100-plus degrees every day from July 4-8. There also was a four-day stretch in triple digits from June 28-July 1, including 109 degrees on June 29. The official high on Wednesday was 100, shy of the record of 103 degrees set in 1990. Temperatures are expected to decrease through the weekend with the possibility for scattered showers and storms Friday through Sunday. – David Boclair

BEST OF THE REST ($ indicates subscription required)

• MAN IN CHARGE: Nashville’s Joe Delagrave, a two-time Paralympic medalist, is head coach of the USA wheelchair rugby team at this year’s Paralympics in Paris. (Nashville Scene)

• DOLLY’S DISTRIBUTION: Dolly Parton’s Imaginary Library program, which has distributed more than three million books to children under five years old, recently expanded to two more states. (The Associated Press)

• NO VOTE: Memphis elections officials said they would not include three gun control questions on the November ballot after pushback from the state’s top legislators and election coordinator. (WPLN)

• GUILTY VERDICT: After eight days of testimony, a former Las Vegas-area politician is found guilty the murder of an investigative journalist who was critical of his conduct in office. (The Guardian)

• RED GOES GREEN: Clean energy jobs are growing at a rapid rate, and Republican-led states, led by Idaho, Texas and New Mexico, have seen some of the highest growth. (NOTUS)

• GETTING PHYSICAL: An analysis of public records in every state reveals that the overall use of police force has increased in many jurisdictions since George Floyd’s death in 2020. (The Guardian)

• BEACH BURN: Bristle worms, a venomous sea worm found throughout the world, are washing up on Texas beaches and will make your skin feel as if it’s on fire if you touch one. (The Washington Post)

Quote of Note

“It was an amazing find. I was invited to assess some antiques at a client’s home. During the visit the vendor took me to his garage and, lo and behold, out came this treasure trove of surrealist lithographs. … They were rediscovered because the seller has been having a clear out. He’s looking to retire and move abroad, so now his lithographs will finally see the light of day at auction.”

— Chris Kirkham, associate director of London’s Hansons Richmond auction house, on the discovery of 10 signed Salvador Dali lithographs in a London garage.

The post Sewage in the Harpeth appeared first on Nashville Banner.

Today’s weather: Mostly clear, moderate temps. HIGH 82, LOW 67

THE LEDE

State Courts Trail Other Entities in Embracing Technology

Twenty-first century technologies have become a great tool for increasing transparency in government. But while some bodies have quickly come around to utilizing live streaming, web archiving and virtual meeting technologies, the courts are lagging.

Unlike Metro or the state legislature, there is no requirement for the courts when it comes to people being able to access video of court proceedings online. And in regard to the use of virtual meeting tools, it’s often left up to the judge to decide whether or not it’s allowed in their court room. 

In recent years there have been some positive steps towards implementing technology to increase transparency in the courts, such e-filing. And while even that still has a long way to go, advocates, judges and administrators alike are beginning to look for more ways to use technology in court.

FROM THE BANNER

BANNER & COMPANY: Amanda Little has worked as a journalist, an author and a professor, which afforded her a wide variety of opportunities and experiences. Her newest endeavor, a multi-media engagement platform called Kidizenship, began with a question from her daughter: “What does democracy look like?” That question has turned into a treasure trove of kid-created flags, anthems and presidential speeches, to name just a few of the contests that Kidizenship has run — with cash prizes — to get young people interested in civics.

LEADING CAUSE OF DEATH: Drug overdoses are still killing more Nashvillians than shootings and car crashes, despite a notable drop in the death toll so far this year. The pace of fatal drug overdoses in Nashville has slowed for now as the Banner reported last week. Metro Public Health data shows they’ve dropped more than 20 percent through the first two quarters of this year. The local trajectory appears to align with a national trend. SEE THE GRAPHIC

TAKE ME TO THE FAIR: The Tennessee State Fair kicked off last Thursday and drew thousands of guests for opening night. The annual 10-day event, which has been at Wilson County since 2021, features traditional livestock competitions, a tractor pull at the Motor Sports Arena, and several carnival rides for all ages. Deep fryers stay busy with funnel cakes, Oreos, corn dogs and more. SEE THE SLIDESHOW

ON THE RECORD

TRANSIT ENDORSEMENT: Last week, Nashville Organized for Action and Hope (NOAH) announced that its board of directors voted to endorse Mayor Freddie O’Connell’s transit referendum. NOAH notably did not back the failed 2018 transit referendum, and voiced early skepticism on this go-round, citing concerns over making sure the plan would bring positive effects to the Nashville residents who need transit options the most. This expression of support came just days after the announcement that Stand Up Nashville, Tennessee Immigrant and Refugee Rights Coalition and Equity Alliance are forming a transit coalition to push for equitable prioritization in the transit plan. — Connor Daryani

SUPREME COURT SURPRISE: A block of the Biden administration’s expansion of Title IX rules to provide protections for transgender students will remain in place after the Supreme Court ruled against the administration’s emergency appeal on Friday. Justice Neal Gorsuch broke rank from the five other conservative justices to join the three liberals in dissenting. The court’s injunction blocked the rule from going into effect in 21 Republican-led states, including Tennessee, that are challenging the rule change. Aside from protections for transgender students, the rule change would also provide protections for pregnant students and victims of sexual harassment. All updates are blocked from going into effect. — Connor Daryani

TRANSPARENCY DENIED: The Nashville Banner lost at the Court of Criminal Appeals in its efforts to unseal court filings related to Judge Cheryl Blackburn’s competence. In a narrow decision, the appeals court ruled that Judge Angelita Dalton did not err when she sealed affidavits made by attorneys that allegedly detailed problems with Judge Blackburn’s performance. The court did not rule on the merits of the affidavits. The Banner made a motion to intervene in the case, which was granted. But even though neither prosecutors nor defense attorneys had asked for the affidavits to be sealed and Judge Blackburn herself had not sealed the filings, Judge Dalton sealed the potentially embarrassing documents from the public. The Banner will appeal the ruling to the Tennessee Supreme Court. — Steve Cavendish

STEPPING UP: An undrafted rookie put his best foot forward in the Tennessee Titans’ 16-15 preseason victory over the Seattle Seahawks on Saturday. Kicker Brayden Narveson made three fourth-quarter field goals capped by a 46-yard game-winner as time expired. His second was from 59 yards – the longest preseason field goal in Nissan Stadium history – and gave the Titans their first lead. “At the end of the day, the 59 is cool, but the (one from 46 yards) is what won the game,” Narveson said. “So that’s kind of how I view it, at least … just because I love to win.” Narveson, whose college career included stops at Iowa State, Western Kentucky and North Carolina State, is not expected to make the regular-season roster, but he has shown he can make kicks – from far away and when time is short. “Just an incredible night for him and his family, I’m sure,” quarterback Mason Rudolph said. – David Boclair

BEST OF THE REST ($ indicates subscription required)

• TRAUMATIC TREATMENT: A Tennessee family filed a federal lawsuit against city officials, police and firefighters for violating the civil rights of their 23-year-old son who died in 2017 after being treated by first responders. (The Associated Press)

• CHEMO REGRESSION: A recent analysis has found that nearly half of Tennessee’s rural hospitals stopped offering chemotherapy between 2014 and 2022, one of the highest percentage of losses in the country. (WPLN)

• GRACELAND GRIFTER: A 53-year-old woman was arrested in Missouri on federal charges that she tried to defraud Elvis Presley’s family of millions of dollars and steal ownership of the Graceland estate. (Variety)

• A CLOSER LOOK: Dismayed by how he was portrayed in The Blind Side and locked in a legal battle with the family made famous by that film, former NFL player Michael Oher tells his side of the story. (New York Times)

• BOOZE BUSTERS: Five popular and long-held theories regarding alcohol consumption actually are not true. (Yahoo)

• INSTANT CARE: Researchers have developed a device about the size of a stick of gum that can be implanted under the skin, where it monitors vital signs and dispenses naloxone at the first signs of an overdose. (MIT News)

• SEEKING THE SUN: A question about plants that puzzled Charles Darwin more than 150 years ago might finally have been answered. (Science X)

Quote of Note

“I have always been a big fan of living a life with more walking and biking and less car dependence. I like to set myself up to be close to everything that I like to do on a regular basis: work, friends, groceries.”

— Pete Adeney, resident of Culdesac, Az., which was created in 2023 as the first car-free community built “from scratch.”

The post Behind the Technological Times appeared first on Nashville Banner.

More than a dozen lawyers showed up to Davidson County Chancery Court on Monday expecting a hearing over the Tennessee Star’s publication of leaked documents related to the Covenant School shooting. 

Instead, an hour-long “landscape hearing,” as Chancellor I’Ashea Myles called it, largely consisted of both sides pleading for her to set aside the matters at hand and instead focus on putting out a long-awaited opinion on whether or not the Covenant documents should be released. 

“I don’t know what we did today. A week ago this was a show cause hearing, today it was not,” said First Amendment attorney Daniel Horwitz, who represented Tennessee Star editor Patrick Leahy. “I can’t explain how this evolved or why but I’m glad the press isn’t being threatened with jail time.” 

Monday’s hearing was a result of an order by Myles from last week for Leahy to appear in court and show why his publishing of leaked information “does not violate the Orders of this Court subjecting them to contempt proceedings and sanctions.” Leahy quickly made a motion to set aside Myles’ show cause order, arguing it could potentially breach his constitutional rights. When Myles denied that motion, Leahy appealed to the Tennessee Court of Appeals, but was rejected Monday morning mere hours before the hearing. 

But come Monday’s hearing, Leahy was hardly the center of attention. 

“​​The salient issue is that the documents that rest in your possession, which I believe from what you’ve heard today, truly are more than the 80 or so pages that the Star boasts that they have in their possession from the individual that wrongly the appropriated them, far exceeds what’s out there,” said Rocklan King, the Covenant Church’s attorney. “And I believe that clarity on whether those documents that you still have in your possession that have not been disclosed to media outlets deserves a ruling on whether they are open records, subject to the production.”

King called the subject of the leaked documents a “collateral issue,” and while he argued that a third party had “wrongly appropriated those documents from Metro,” he said that the collateral issue could be dealt with by other departments and that Myles should focus on the matter at hand: whether or not the Covenant documents are subject to Tennessee’s Open Records Act. 

Lawyers on the opposing side of the issue made almost identical arguments. And while Myles was concerned that the leaks would render any ruling she made “moot,” both sides agreed that was not the case. 

“I have never seen a public records case like this,” said Deb Fisher, executive director of the Tennessee Coalition for Open Government. “She kept asking and asking and asking, ‘has someone done something that has prevented me from putting a ruling out,’ and what seemed to be unanimous among the attorneys is that everybody wants her to rule on the public records case.”

Myles indicated that a decision is imminent, but did not give a date. She did however reveal that she had a “60-plus” page opinion ready to go and had planned to release it on June 14 prior to receiving a call from a WSMV reporter about the Star’s coverage. 

Despite Horwitz coming prepared to argue on Leahy’s behalf — and objecting to how the day’s events unfolded — Myles forbade him from making his arguments, saying they were not yet “ripe,” and that while there may come a time for his argument, that time had not arrived. Instead, Myles said that the purpose of the “landscape hearing” was simply to determine where the case stood. After his court of appeals request was denied, Leahy appealed to the Tennessee Supreme Court.

“I have heard from the parties the information that I need to know,” said Myles. “If there is a subsequent show cause proceeding I will ensure that is delineated in a very clear and crisp manner so that your client can prepare with you his counsel and come in and show whatever he needs to show. But before I could do that, I had to get an understanding of the landscape. I have that understanding now.”

At the conclusion of the hearing, as an overflow crowd spilled out into the hallway outside the courtroom, an attorney who wasn’t a party to the case asked the question on the minds of many observers in the gallery.

“So, what even happened?”

The post Judge Holds Hearing in Covenant Documents Case, Participants Beg Her to Just Rule appeared first on Nashville Banner.

From Davidson County Circuit Court up to the U.S. Supreme Court, court documents are widely accessible online. The system looks different depending on the court — while some are entirely free, others require a subscription for access, and some even charge for each page accessed. 

But it’s not quite so easy in Davidson County Criminal Court, where court documents could disappear without anyone ever knowing about it. 

Like other government entities, the courts are public. That means that not only do court proceedings have to be open to the public, but the documents they produce must also be accessible. As with any laws surrounding public and open government, there are exceptions to the rule. However, in Davidson County, when a judge seals a criminal court document, it is removed from the public electronic case docket altogether. As a result, the public has no way to even know of the existence of some orders, motions and filings. 

“Oftentimes when judges seal cases, they don’t [enter it electronically]. It’s not in the system,” Julius Sloss, the Chief Deputy Criminal Court Clerk, said. “We have to get with the clerk of a courtroom. Because when they seal a file they’ll just keep it in their office.”

However, under Tennessee case law, established through a 1985 Tennessee Supreme Court decision called State v. Drake, a judge has to file a written order with findings of fact explaining why a court document is sealed. 

“Essentially, they’re closing things and we don’t even know what they are. So that is a real transparency problem,” said Deborah Fisher, executive director of the Tennessee Coalition for Open Government. “And it’s especially a problem in criminal court, where people’s lives are at stake.”

Attorneys have a portal to access criminal case documents online, but the public does not. To access documents in Criminal Court, you have to go to the criminal courthouse, use a dedicated terminal and ask a clerk for it.

“The ability to really look through a docket in its entirety and to understand the decision-making of the court is really important,” said Jennifer Safstrom, director of the Stanton Foundation First Amendment Clinic at Vanderbilt University. “That is one of the key values in public transparency that animates court access on a foundational level. All of these barriers that make it more difficult to get information just undercut the transparency of the system in a really deleterious way.”

No other court in Davidson County operates like this.

Take Davidson County Chancery Court. Every day, anyone with an account can browse newly filed cases online. Click on any of those cases and a list of every filed document, motion and order related to that case pops up in chronological order. Click on a filing, and a PDF of that document pops up. If it’s sealed, it won’t, and a separately filed order will explain why that document was sealed. It’s the same in Federal court, where sealed items are disclosed, even if the papers are not.

As law requires, the criminal court clerk’s office will provide court documents to anyone who asks for them. However, the lack of a front-facing database presents issues when someone doesn’t know what to ask. 

“Any barriers that make it harder to get those files, especially in this day and age, have significant consequences for access and transparency on the whole,” Safstrom said. 

Then, there are the sealed entries, which the public cannot see at all. 

“When a court seals a record, there’s actually case law that they have to make a finding that shows why the interest in open courts is overridden by a need to seal the document,” said Fisher. “There are legitimate reasons to seal records. … However, sometimes, if it’s not opposed by the defense or the prosecution, the judge just kind of skips over that and doesn’t make the findings.”

In a limited review of sealed items, the Banner found that not every sealed item in Davidson County Criminal Court had an accompanying order from the court as required by local rules.

Even when there is justification for sealing something, legal precedent requires sealing to be “narrowly tailored.” That means that while it could sometimes be necessary to seal entire documents or – rarely – entire cases, more often than not lines or words of a document can be redacted before it gets released. 

When the public has no way of even knowing what’s been sealed, it can open the courts up to allegations of abuse.

In one case in Pennsylvania, a man was jailed for close to a year before anybody learned that it was over murder charges. This was due to a trial judge sealing the entire case and denying a newspaper’s petition to unseal it. A higher court later overturned that decision. 

The obvious consequence of wrongfully sealed documents is a blow to public transparency, but there is also some less obvious harm, such as the ability to inform legal precedent. 

“When certain court cases or the facts underlying them are restricted to just the parties and the judge, you’re not able to make the same types of comparisons either in the positive case analogues, or distinctions in order to kind of develop legal issues as they arise,” said Safstrom. 

When a case or case document that shouldn’t be gets sealed, there are several pathways to unsealing it. Sometimes, the state or the defense will disagree with something being sealed and fight for it to get opened. Other times, it takes a third party like the media or the public becoming involved as an intervenor petitioning for the release of sealed documents. 

However, for a third party to get involved, it has to know that a sealed document exists in the first place. Without public, easily accessible dockets, entire cases could get sealed in Davidson County Criminal Court, and no one would know about it. 

“The only way that I could think that you could see that is if you had access to the attorney portal,” said Sloss.

The post In Davidson County Criminal Courts, Existence of Sealed Files Hidden From Public View appeared first on Nashville Banner.