City Councilman Ernest Brooks, II, District Three has decided to withdraw his resolution “encouraging” local restaurant owners to post signage banning the carrying of concealed weapons.
A legal challenge to the constitutionality of this law was filed in the Davidson County Chancery Court on July 1, 2009. Ray Rayburn, owner of three Nashville restaraunts, along with nine others, is suing the State of Tennessee challenging the legality and constitutionality of Public Chapter 339, the “Guns in Bars Bill.” The suit also seeks a temporary injunction and temporary and permanent injunction to stop the law from taking effect on July 14, 2009.
“It is prudent to await the outcome of this lawsuit before deciding the proper way to proceed here in Jackson,” stated Brooks.
The plaintiffs allege that the bill is an unlawful public nuisance that threatens the life, safety, and welfare of the public, violates due process, increases civil liability for restaurants, and violates the Tennessee Occupational and Safety and Health Act which expressly requires as a matter of federal and state law that employers provide a safe working environment for employees.
Despite inaccurate statistics thrown around by the National Rifle Association and it’s supporters, if the bill becomes law, Tennessee will become the FIRST state in the Union to allow loaded concealed firearms by permit holders in bars.
According to Councilman Ernest Brooks, II, “We have been very successful in shedding light on this issue to raise public awareness. Several local restaurants have stated they plan to ban the guns. Additionally, citizens are very concerned which restaurants will allow guns and which will not”