Image Credit: Justin Pearson / Facebook, Memphis City Council & Canva.
Article by Olivia Lupia, Tennessee Conservative News –
Radical Democrat State Representative Justin Pearson was handed a legal victory against the Memphis City Council on Tuesday as a federal judge granted a temporary restraining order allowing Pearson and others on the lawsuit to attend the meeting and placing restrictions on the Council’s interactions with the public moving forward.
Pearson filed suit against the City of Memphis, the Memphis City Council, Council Chairwoman Jana Swearengen Washington after he and several other individuals were banned from the next two council meetings on 10/20 and 11/10 following extremely disruptive behavior at an earlier meeting which had to be abruptly adjourned after the a vote on data center regulations was delayed.
The court order, issued by U.S. District Court Judge Thomas L. Parker for the Western District of Tennessee just hours before Tuesday’s meeting, prevents the Council from enforcing the ban for the next 14 days and allowed the plaintiffs to attend on 10/20.
It further prevents the council from “participating in the actions that are deemed personal, impertinent, slanderous, defamatory, abusive, and gossip,” for the next 14 days in response to Pearson’s claims that the council’s “Speech Restriction Policy” violates the First Amendment for “restricting speech-including prohibiting gossip, personal attacks, and vulgar language- that limits public participation.”
Pearson’s compliant also seeks a declaration that the speech policy violates the First Amendment because its terms are “vague and overbroad”, but Judge Parker did not specifically decide on that portion of the request for relief in his ruling.
During a hearing on Oct. 19, Parker had already expressed skepticism about the bans, saying the City Council’s reasoning “sounds like viewpoint discrimination or prior restraint.”
His ruling later read, “City Council members have a tricky job. They must hold open meetings where they make hard decisions on controversial topics. The citizens they represent often have strong opinions on those topics. The First Amendment protects citizens’ rights to speak and voice those opinions. In fact, the right to speak on political issues is central to First Amendment protections.”
Parker also contended that videos show “the meeting itself was contentious but does not appear to be out of control,” refuting descriptions by Council attorneys of the protests as a “riot.”
Meanwhile, Council attorneys revealed that Councilmember Yolanda Cooper-Sutton, who engaged with the protestors and other council members, was issued a 30-day suspension of her committee duties.
Cooper-Sutton serves as Chair for the Libraries and Neighborhood Improvement Committee and Vice Chair of the Public Services, Arts, and Youth Initiatives Committee and will be temporarily barred from performing any duties on those committees due to her “violation of the Council’s rules of decorum stemming from disruptive verbal remarks made at the October 6, 2026, Regular Council Meeting.”
The suspension from committee duties does not prevent Cooper-Sutton from attending any regular meetings of fulfilling her role as an elected member of the Council.
“The Council’s disciplinary authority extends to committee assignments and committee leadership, but not to suspending an elected Council member from representing her district, attending Council meetings, or voting on matters before the Council,” city lawyers wrote.
Memphis has also issued an enhanced security plan for at least the next few City Council committee and regular meetings to prevent any further chaos like that displayed on Oct. 6. The plan includes increased security personnel, reserved seating, and a clear bag policy.
Public access to the Council dais will also be restricted, requiring non-city employees to have authorization from a Councilmember and check-in with security before approaching, and the speaking podium will be moved to behind the chamber gates.
Front-row seating will be reserved for “presenters and honorees”, media, and city employees, and certain disruptive devices, like bullhorns, megaphones, and other noisemakers will be prohibited alongside umbrellas, large bags, and signs larger than 11”x7” or those on sign poles or “rigid supports”.
Anyone removed for disruptive behavior will not be allowed to return until at least the following meeting. And the new plan stops all unannounced visits to the City Council offices.
“Regardless of our individual perspectives or past practices, we must have a shared understanding of these procedures and a collective commitment to following them,” read the memo from the City’s Chief Administrative Officer. “My priority is simple: ensuring that Councilmembers, staff, and constituents can conduct business safely and return home to their families.”
Sources:
WREG.
About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
