MEMPHIS, Tenn. — The Memphis City Council announced Friday they have filed a lawsuit against the Shelby County Election Commission after the commission removed a gun-control referendum from the November ballot .
During a press conference Friday, the council addressed the upcoming referenda for the general election and municipal elections, set to take place on November 5.
“We did everything that we were supposed to do. We’ve done everything in our power except take guns off the street,” Councilman JB Smiley said. “We won’t back down and we d*** sure won’t be bullied.”
Councilman Smiley says they hope to be in court by next week.
Last month, the city council approved referenda that would allow the public to vote on amending the city charter, requiring anyone carrying a gun in Memphis to have a permit.
Memphis putting gun control measures up to city voters If approved by voters in November, the ballot measure would also ban the local sale of assault weapons, allow judges to temporarily take weapons from people who are at risk of harming themselves or others, and require gun owners to keep their weapons locked up while they’re traveling through Memphis.
Last year, Memphis set a record with nearly 400 homicides. Many city leaders have pointed at state lawmakers, who in recent years have loosed restrictions on guns, as part of the problem.
“Memphis has been shot and is bleeding out,” City Council Member Jerri Green said.
On Monday, House Speaker Cameron Sexton and Lieutenant Governor Randy McNally released a joint statement, threatening to withhold state sales tax revenue from Memphis because of the effort .
Tuesday, the Shelby County Election Commission decided to remove the gun-control referendum and follow the instructions of state election coordinator Mark Goins.
Council member Jana Swearengen-Washington said the city will not be threatened by the state “stealing our local tax dollars.”
“This is a part of a racist history in our state,” said Justin Pearson, Tennessee State Representative. “Our majority Black city is being told you better do what we tell you to do it or you lose revenue.”
Shelby County Elections Administrator Linda Phillips said in a statement that the commission had only taken the action directed by the state.
She referenced a letter sent to Shelby County by state Election Commissioner Mark Goins on Aug, 26 that stated the proposed amendments “are not properly presented for placement on the Nov. 5, 2024 ballot” because they conflict with state law.
“We regret the city’s decision,” Phillips said. “The Shelby County Election Commission is without jurisdiction to decide whether or not the gun control referendum be placed on the ballot. This body has taken no action regarding the referendum beyond abiding by the state’s directive. The state, by law, guides our execution of elections, including, but not limited to, the legality of our ballots, candidate qualifications and referendum questions.”
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