On Monday, the Tennessee Supreme Court ruled that Nashville must reduce the Metropolitan Council to no more than 20 members, half its current size. The court did not specify a deadline and remanded the proceedings back to the trial court for further proceedings with this decision in hand.
In its opinion, the high court disagreed with Metro’s argument that the Tennessee Constitution’s “exemption clause” exempts counties with consolidated governments from a membership cap. The court agreed with the state’s argument that this clause applies only to constitutional restrictions, but does not prevent the state legislature from imposing other requirements, such as a 20-member cap.
This particular issue has been a key battle in the broader war between the predominantly blue Nashville metro area and the largely red state legislature. Led by House Majority Leader William Lamberth (R-Portland), the Legislature initially passed the law capping the size of the Metro Council in 2023, after which the issue escalated in the courts.
Lamberth called the decision “a big victory for small government and common sense.” Sumner County’s Lamberth House, with a population less than a third the size of Davidson County, has a 24-member county commission.
Metro Legal argued that the state legislature unfairly distinguished Nashville and Davidson County, thereby violating the Tennessee Constitution’s home rule provisions. The legislation applies to other metropolitan governments in the state, but none has more than 20 members in its legislative body. Metro took the State to court, winning at first instance but losing in the Court of Appeal, leading to an appeal to the High Court.
On September 4, Mayor Freddie O’Connell said it would be difficult to get a charter amendment on the ballot to comply with the new height restrictions before the 2027 election, given how long the decision will take. The court’s opinion offers no guidance.
“We have commissioned a working group to look into this and look at what the potential scenarios are,” he told reporters two months ago. “Given this late date, it is difficult for me to imagine that a Supreme Court decision could have a material effect on the 2027 election.”
On Monday, O’Connell said, “The size of the Nashville Council was set by our community, and our charter should only be changed by our voters – not the state legislature. We will consider our options and continue to fight for Nashville’s right to govern itself.”
Amendments to the Metro Charter require voter approval, and it’s too late to implement changes in time to get them on Tuesday’s ballot. The next scheduled election voters might consider is 2027, when the Metro Council will be on the ballot. But the legislation allows Metro to introduce the changes via a simple majority vote of the council.
During oral arguments in February, Metro Legal’s Allison Bussell referenced more recent Republican legislation, arguing that this law was part of an “attack on local sovereignty through artful drafting.” Ruling in favor of the state, she argued, would set a dangerous precedent: “Words don’t matter and exceptions can always be extended to achieve a particular result.” Bussell also cited the safe harbor clause.
The state argued that the law did not target the Nashville metro area because it applied equally to all 347 municipal agencies in Tennessee. Nashville/Davidson County is one of three metropolitan governments in the state – in which the state and county are combined – and the only one with a legislature of more than 20 members. The state also had a different interpretation of the exemption clause, arguing that the clause did not say that imposing size restrictions was not within the authority of the state legislature.
“This opinion is illogical and results-oriented,” Wally Dietz, Metro’s recently retired legal director, who led Metro’s legal challenge, told the newspaper. Banner.
The Metro Council has had 40 members – 35 districts and five at-large – since Metro’s founding in 1963. When the legislation was passed in 2023, Metro officials considered several scenarios for a reduced council, including 17 district representatives and three at-large representatives.
This is a developing story that will be updated.
Disclosure: Wally Dietz donated to Nashville Banner. Donors play no role in BannerIt’s journalism.
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