People held signs without problems at the Tennessee Capitol complex Wednesday after a judge agreed to temporarily block a new rule advanced by House Republicans that had banned the public from doing so during floor and committee hearings.
The ruling came in a lawsuit that was filed after state troopers removed three people Tuesday who held small signs urging gun control at a hearing on the same statehouse grounds where Republicans also drew attention this year for expelling two young Black Democratic lawmakers for breaking procedural rules.
This week's removals came at the order of a GOP subcommittee chair, who later instructed troopers to kick the rest of the public out of the committee room after deeming the crowd too unruly. That included grieving parents closely connected to a recent Nashville school shooting, who broke down in tears at the decision.
The emotional and chaotic scene irked both Republican and Democratic lawmakers, while others pointed out that although signs were banned, the public could still freely carry firearms inside the legislative office building. Signs were present during a House committee hearing Wednesday morning.
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Nashville Chancellor Anne Martin's ruling came within hours of the filing of a lawsuit by the American Civil Liberties Union of Tennessee on behalf of the three women who were removed because of their signs: Allison Polidor, Maryam Abolfazli and Erica Bowton.
Republicans, who have a supermajority in the House, signed off on a new slate of strict rules this week during a special session that was called by Gov. Bill Lee in reaction to the Nashville school shooting in March. GOP leaders are not expected to take up gun control despite the governor's push for legislation to keep guns away from people deemed to pose harm to themselves or others.
The Senate has taken on a far more narrow agenda, advancing bills on gun safes and locks, among other measures.
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They have approved severely limiting the public from accessing the Senate and House galleries where people have traditionally been allowed to watch their government in action. The Senate did not ban signs.
A hearing on the temporary injunction has been scheduled for Sept. 5. However, lawmakers are expected to adjourn by Thursday, meaning there's a limited window for people to display signs anyway.
A spokesperson for House Speaker Cameron Sexton, who is named as a defendant, did not immediately respond to a request for comment.
“We applaud the court for taking swift action to protect the free speech rights of Tennesseans," Stella Yarbrough, ACLU of Tennessee legal director, said in a news release. "Democracy depends on people’s ability to express their opinions to their elected representatives on issues they care about, and this unreasonable rule stood in the way of people fully participating in the democratic process.”
On the first day of the special session Monday, House Republicans approved a new set of procedural rules that carried harsh penalties for lawmakers deemed too disruptive or distracting, and they banned visitors from carrying signs inside the Capitol and in legislative hearing rooms. While House GOP leaders have defended restrictions on lawmakers, they've been largely silent on why they also went after signs.
Polidor, a gun control advocate from Nashville, was escorted out of a hearing room because she was holding a sign that said, “1 KID” is greater than “ALL THE GUNS.”
“I joined with so many other moms from across Tennessee to urge our lawmakers to enact common sense gun laws,” Polidor said in the news release. “I was removed for peacefully holding a small sign, and exercising my First Amendment rights. What started as a debate on gun safety has morphed into a blatant violation of my First Amendment rights.”
While firearms have long been allowed inside Tennessee’s legislative building, hand-held signs have been criticized by lawmakers as being a potential safety hazard and a distraction from proceedings.
In 2017, signs were briefly prohibited from Cordell Hull — the building that contains both legislative committee rooms and offices for lawmakers and staffers — following demonstrations over refugee resettlements, Medicaid expansion and gas taxes.
That policy was then altered to allow the public to hold small letter-size signs inside Cordell Hull, but banned any signs on sticks or poles.
In the years since, members of the public have repeatedly shown up with signs that reflect a wide range of policy stances.
Tennessee Republicans in April expelled Democratic Reps. Justin Jones and Justin Pearson for breaking House rules during a floor demonstration in support of gun control. The two lawmakers have since been reinstated and reelected, but their expulsion sent shock waves about the Republican supermajority’s ability to deliver strict punishments to opponents.
