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The Tennessee Conservative [By Adelia Kirchner] –
A bill that would allow Tennessee law enforcement to operate at their full legal capacity by prohibiting local government from putting limits on that capacity, would render Memphis’ “Driving Equality Act” null and void.
House Bill 1931 (HB1931) is sponsored by Rep. John Gillespie (R-Memphis-District 97) and the corresponding Senate Bill 2572 (SB2572) is sponsored by Sen. Brent Taylor (R-Memphis-District 31).
This legislation as introduced, “prohibits a local governmental entity or official from adopting or enacting an ordinance or policy that prohibits or limits the ability of a law enforcement agency to take all necessary steps that are lawful under state and federal law to fulfill the law enforcement agency’s duties to prevent and detect crime and apprehend criminal offenders; states that an ordinance or policy that is adopted in violation of the prohibition is null and void.”
Back in April of 2023, the Memphis City Council unanimously passed an ordinance preventing “pre-textual traffic stops.”
Known as the “Driving Equality Act in Honor of Tyre Nichols,” this ordinance prohibits local police from making traffic stops for secondary violations such as license plates not being secured to the appropriate location on a vehicle, but still clearly displayed or single brake light, headlight, and running light outages.
Memphis police are still able to conduct traffic stops that involve both a secondary violation and a primary violation, like aggressive driving.
“What this ordinance is not saying, is do not go to those aggressive drivers,” said ordinance sponsor Councilwoman Michalyn Easter-Thomas. “It’s not saying we’re not looking for counterfeit tags. It’s diverting our resources to where we need the most, which is for MPD to fight crime for us and for them to be in their communities being supportive and engaging so that we can build our positive decorum between our officers and our community members.”
Easter-Thomas said the ordinance would “put police where they’re needed.”
However, critics expressed concern that the ordinance blocks law enforcement from doing their jobs by prohibiting them from enforcing the law and operating at their full legal capacity.
If passed in the state legislature, Rep. Gillespie and Sen. Taylor’s new legislation would effectively undo this Memphis ordinance.
Supporters of Memphis’ “Driving Equality Act” are naturally critics of HB1931/SB2572 with The Memphis Flyer even going so far as to produce a headline reading, “Proposed Legislation Could Undo Strides in Public Safety in Memphis.”
This state level legislation has already passed through the House Cities and Counties Subcommittee and is scheduled to be heard in the House Local Government Committee as well as the Senate State and Local Government Committee on Tuesday, February 27th, 2024.
About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee.
You can reach Adelia at adelia@tennesseeconservativenews.com.
