Nashville councilmember seeks to prohibit police association with hate groups

Metro Nashville Councilmember Jeff Preptit has crafted legislation that would prohibit law enforcement officers from associating with hate groups, two of which have recently marched in Downtown Nashville. (Photo: John Partipilo)

As Nashville struggles to rein in an increasingly common presence of neo-Nazis marching downtown — two different groups have marched in as many weeks — council members are working to ensure Nashville’s public safety personnel are not themselves members of hate groups.

In an effort to combat hate and extremism within Nashville’s public safety agencies, Green Hills Councilmember Jeff Preptit has introduced a bill he calls the “Community Protection and Accountability Act.”

The bill in its current form would prohibit employees of the Metro Nashville Police Department from “unlawful association with criminal hate groups and paramilitary gangs.”

In an exclusive interview with the Lookout , Preptit said the definitions of hate groups and paramilitary gangs contained in the bill are informed by state law concerning civil disorder and paramilitary activity.

Preptit, a civil rights attorney with the American Civil Liberties Union, is well-respected among his council colleagues. Early in the term, second-term council members identified him as a standout among his peers for his thoughtful and thorough approach to legislation.

Preptit has done his research. He’s been working on the legislation for months behind the scenes, parsing through “a whole progeny of case law” on the issue and soliciting feedback from Metro’s public safety agencies, who Preptit said have, “by and large, been incredibly receptive of this work.”

Early criticism

Although Preptit has gained support for the bill from a sizable chunk of his colleagues — including Preptit, the bill currently has 11 sponsors — he’s already facing criticism from inside and outside the Metro Council.

James Smallwood, the president of the Fraternal Order of Police, Andrew Jackson Lodge, issued a statement the day after the legislation became public, calling on council members to oppose the bill as drafted. Smallwood cited the Metro Police employee manual, which prohibits harassment and discrimination by personnel.

“Introducing this bill incorrectly signals to the public that this is an apparent problem that runs rampant through the ranks of the department,” Smallwood wrote. “Nothing could be further from the truth.”

While Nashville’s police department may not have a hate group problem, it’s not out of the realm of possibility for law enforcement agencies. Chicago’s police department recently identified multiple officers with ties to white supremacist groups like the Proud Boys.

And policing in the South has historically been marked by a “deep-rooted institutional infiltration of groups that hold ideas and take actions that are antithetical to the role of law enforcement and public safety,” Preptit noted.

In more recent history, paramilitary gangs and criminal hate groups have sought to recruit public safety personnel, in particular, “to benefit from the social credibility, as well as the firearms training and expertise of these individuals within our public safety institutions,” said Preptit.

The threat of state preemption

Efforts by Tennessee Democrats to pass similar bills through the Republican-supermajority state legislature stalled out in 2020 and again in 2021 . The Tennessee Association of Chiefs of Police objected to the 2021 bill, claiming, like Smallwood, that it was an attempt to solve a problem that didn’t exist.

“This is an issue that the FBI has identified broadly across the nation,” Preptit countered. “And so we have to be proactive, not reactive.”

Introducing this bill incorrectly signals to the public that this is an apparent problem that runs rampant through the ranks of the department.

– James Smallwood, Fraternal Order of Police, Andrew Jackson Lodge

Recent state legislation has limited the ability of local legislative bodies and oversight boards to provide a check on police power.

Despite the legislature’s penchant for preemption, Preptit seems unconcerned about provoking their ire. His legislation is “unnecessary to preempt,” he said, because it “strengthens the trust that the community has in our public safety institutions.”

Singled out

In his letter, Smallwood characterized the legislation as discriminatory, because in its current form, it only applies to the MNPD. “Do the legislators of Nashville operate with a bias, implicit or otherwise, against police officers?” Smallwood asked. “We certainly hope that is not the case.”

Preptit plans to amend the bill to extend its application to the Nashville Fire Department and the Davidson County Sheriff’s Office, in addition to the MNPD.

Some councilmembers have privately voiced concerns that the bill, by targeting just one segment of public sector employees, may be viewed as overly antagonistic or divisive. Smallwood echoed this concern in his letter. He suggested that the prohibitions in the bill should extend to all Metro Nashville departments.

Existing case law, though, may not support such a broad prohibition. Courts have ruled that the government has a heightened interest in preserving order and harmony among public safety personnel, which can outweigh an employee’s interest in free expression or association.

For the second week in a row, neo-Nazis take to Nashville streets

That governmental interest is attenuated for agencies that don’t require such a high level of public trust to function efficiently.

“You get into a constitutional gray area, where courts would be less likely to uphold a regulation if it is more broadly applicable,” Preptit said, “given just the inherent role that these public safety institutions play.”

Taking his time

Preptit isn’t looking to rush the legislation through the council. Shortly after introducing the bill, he announced his intention in a press release to defer it for three meetings, until September 3.

The delay will allow Preptit to draft language applying the prohibitions in the bill beyond just the MNPD. Other councilmembers may also use the time to offer their own amendments. “I want to ensure that the council has a full and fair opportunity to hear and debate the full language of the bill, as it will be finalized.”

Walking a tightrope

Support from progressive councilmembers won’t be enough to get the current measure over the finish line. Preptit will need to get buy-in from more moderate councilmembers, who tend to be deferential to Metro Police.

I’m supporting the ordinance because any presence of hate groups within MNPD undermines public safety and public trust. It’s ethically, morally, and legally necessary to ensure that officers are free from prejudiced views that could compromise their ability to serve the community fairly.

– Metro Nashville Councilmember Russ Bradford

Securing that support will likely be dependent on whatever position the Metro Police ultimately takes. Police spokesperson Don Aaron wrote in a statement to the Lookout that Preptit “has told us he does not know of a present issue involving any of our personnel concerning this issue” and that the department will “of course review the next iteration of the legislation.”

Preptit said that he continues to work with the police and other departments to ensure their comfort with the bill’s language.

Councilmember Russ Bradford, a second-term lawmaker who’s been staunchly supportive of the police department throughout his tenure, is co-sponsoring the bill.

“I’m supporting the ordinance because any presence of hate groups within MNPD undermines public safety and public trust,” Bradford wrote in a statement to the Lookout. “It’s ethically, morally, and legally necessary to ensure that officers are free from prejudiced views that could compromise their ability to serve the community fairly.”

Amid a backdrop of increasing political violence and hateful displays, Preptit’s ability to navigate the politics of this bill could be a bellwether of the council’s readiness for police reform.

SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

The post Nashville councilmember seeks to prohibit police association with hate groups appeared first on Tennessee Lookout .