MEMPHIS, Tenn. — The Memphis City Council on Friday sued the commission that oversees the Tennessee city's elections for removing three gun control questions from the November ballot after top Republican state leaders threatened to withhold tens of millions of dollars in state funding.
Council Chairman JB Smiley Jr. and some of his colleagues announced the lawsuit against the Shelby County Election Commission at a news conference. He said both Democratic and Republican council members support the ordinance that would put the gun control measures before voters as officials try to address Memphis' high rates of violent crime.
The lawsuit seeks to have the measures reinstated after they were removed from the ballot by the commission on Tuesday without a public vote by its members. The referendum would ask voters if they want to tweak the city charter to require permits to carry a handgun, ban the possession of AR-15 style rifles and implement a so-called red flag ordinance, which allows law enforcement officials to remove firearms from those found to be an imminent danger to themselves or others.
''Memphis has been shot and is bleeding out,'' council member Jerri Green said. She then accused the super-majority of Republicans in the state Legislature of going against ''their stated values.''
''There is nothing patriotic about refusing to let citizens use their voices in the voting booth,'' Green said. ''There is nothing pro-life about flooding our streets with weapons of war.''
On Monday, Tennessee's election coordinator, Mark Goins, sent a letter to the commission warning that the gun control referendum violated several of Tennessee's laws, making it void and ineligible to be placed on the ballot. The letter was sent hours after House Speaker Cameron Sexton and Senate Speaker Randy McNally issued their state funding ultimatum.
Goins added that ''unequivocable declarations by the General Assembly'' left ''no authority'' for Memphis officials to propose such amendments to the city's charter. Goins also raised concerns that the city had not properly followed the public notice procedures required to put a referendum on the Nov. 5 ballot.
In a statement Tuesday, Shelby County Administrator of Elections Linda Phillips said Goins guides the county's elections and the commission followed his direction in removing the referendum. Phillips declined comment Friday.