E-FILED

10/11/2023 2:02 PM
CLERK & MASTER
DAVIDSON CO. CHANCERY CT.

IN THE CHANCERY COURT FOR THE TWENTIETH JUDICIAL DISTRICT

DAVIDSON COUNTY, TENNESSEE

THE METROPOLITAN )
GOVERNMENT OF NASHVILLE )
AND DAVIDSON COUNTY, )
TENNESSEE, )
)
Plaintiff, )
)
v. ) Case No. ___________________
)
BILL LEE, in his official capacity as )
Governor for the State of Tennessee, )
RANDY MCNALLY, in his official )
capacity as Speaker of the Senate of )
the State of Tennessee, and )
CAMERON SEXTON, in his official )
capacity as the Speaker of the House )
of Representatives of the State of )
Tennessee, )
)
Defendants. )

COMPLAINT

Plaintiff Metropolitan Government of Nashville and Davidson County (“Metro

Nashville”) seeks a declaratory judgment and injunctive relief from implementation of 2023

Public Acts chap. 410 (hereinafter, the “Nashville Sports Authority Act” or the “Act,” attached

as Ex. 1), which Defendant Governor Bill Lee signed into law on May 11, 2023. The Act

fundamentally changes the structure of the Sports Authority of the Metropolitan

Government of Nashville and Davidson County (the “Nashville Sports Authority” or the

“Authority”) by vacating the Nashville Sports Authority’s current thirteen-member board of

directors on January 1, 2024, reappointing seven people who were the longest standing board

members as of June 30, 2023, removing the power of Metro Nashville’s Mayor and Council to

appoint and confirm the remaining six directors, and giving that appointment power to State

officials. This action violates the Tennessee Constitution’s Home Rule Amendment and Equal
Protection Clauses. For these reasons, the Court should declare the Act unconstitutional and

enjoin its enforcement.

In support of its requests for a declaratory judgment and temporary and permanent

injunctive relief, Metro Nashville alleges as follows:

JURISDICTION AND VENUE

1. This Court has subject matter jurisdiction over this action pursuant to Tenn.

Code. Ann. § 16-11-102.

2. This Court has the power to enter a declaratory judgment and issue injunctive

relief pursuant to Tenn. Code Ann. §§ 1-3-121, 29-1-101, 29-14-102, and 29-14-103.

3. Venue is proper in this judicial district pursuant to Tenn. Code Ann. §§ 4-4-

104 and 20-4-101(a), as this cause of action arose in Davidson County, Tennessee.

PARTIES

4. Plaintiff Metro Nashville is a consolidated city and county government formed

by the City of Nashville and Davidson County and incorporated pursuant to Tenn. Code Ann.

§§ 7-1-101, et seq.

5. Defendant Bill Lee is the Governor of the State of Tennessee. The Tennessee

Constitution vests the Governor with “the supreme executive power of this state.” Tenn.

Const. art. III, § 1. As the Chief Executive for the State of Tennessee, Governor Lee has a

constitutional obligation to “take care that the laws be faithfully executed,” id., including that

they be executed consistent with Tennessee constitutional mandates. Governor Lee is sued

in his official capacity and may be served through the Tennessee Attorney General and

Reporter’s Office.

6. Defendant Randy McNally is the Speaker of the Senate of the General

Assembly of Tennessee. Article II, Section 3 of the Tennessee Constitution vests the State’s

legislative authority in the General Assembly and creates the offices of Speaker of the Senate

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and Speaker of the House of Representatives. Article II, Section 11 of the Tennessee

Constitution provides that the Senate and House of Representatives shall each “choose a

speaker.” McNally was validly elected to the position of Speaker of the Senate. Speaker

McNally is sued in his official capacity and may be served through the Tennessee Attorney

General and Reporter’s Office.

7. Defendant Cameron Sexton is the Speaker of the House of Representatives of

the General Assembly of Tennessee. Article II, Section 3 of the Tennessee Constitution vests

the State’s legislative authority in the General Assembly and creates the offices of Speaker

of the Senate and Speaker of the House of Representatives. Article II, Section 11 of the

Tennessee Constitution provides that the Senate and House of Representatives shall each

“choose a speaker.” Sexton was validly elected to the position of Speaker of the House of

Representatives. Speaker Sexton is sued in his official capacity and may be served through

the Tennessee Attorney General and Reporter’s Office.

FACTUAL ALLEGATIONS

I. The Sports Authority Act of 1993.

8. Governor Ned McWherter signed the Sports Authority Act of 1993 into law on

May 17, 1993. 1993 Pub. Acts ch. 378, attached as Ex. 2.

9. The purpose of the Sports Authority Act of 1993 was to address the “immediate

need to promote and further develop recreational opportunities in this state, by facilitating

and equipping the acquisition, construction, and rehabilitation of sports complexes,

stadiums, arenas and other recreational facilities, for the holding of professional and amateur

athletic events.” Id. § 1.

10. Because “effective cooperation between various units of government has been

hampered because of inadequate statutory authority,” the General Assembly saw a need to

provide that statutory authority to “individual communities to prepare comprehensive, long-

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range master plans for the orderly development of sports and recreational facilities and to

promote sports and sports-related activities.” Id.

11. The Sports Authorities Act of 1993 has been amended several times since 1993.

But the legislation’s essential structure has not changed.

II. The Nashville Sports Authority.

12. To encourage the Houston Oilers NFL franchise’s move to Nashville, Metro

Nashville formed a sports authority in 1995 to facilitate the construction and operation of a

football stadium in Nashville.

13. By resolution dated October 10, 1995, the Metro Council determined that it

was “wise, expedient, necessary or advisable” to form the Nashville Sports Authority,

authorized the authority’s formation, and approved the form of corporate charter to be used

by the authority. (Resolution No. R95-29, attached as Ex. 3.)

14. The corporate charter of the Nashville Sports Authority was subsequently filed

with and approved by the Tennessee Secretary of State.

15. The Sports Authority Act of 1993 provides that a sports authority is “a public

instrumentality of the municipality with respect to which the authority is organized.” Tenn.

Code Ann. § 7-67-109.

16. In accordance with the 1993 Act, the Nashville Sports Authority charter states

the Authority is an “instrumentality” of Metro Nashville. (See Authority Charter, art. IX,

attached as Ex. 4.)

17. Underscoring the Authority’s status as Metro Nashville’s instrumentality, the

charter states when the Authority is dissolved, all funds and properties held by the Authority

“shall vest and be delivered to” Metro Nashville. (Authority Charter, art. X.); see also Tenn.

Code Ann. § 7-67-119 (“Upon the filing of such certificate of dissolution, the authority shall

stand dissolved, the title to all funds and properties owned by it at the time of such dissolution

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shall vest in the municipality with respect to which the authority was organized, and

possession of such funds and properties shall forthwith be delivered to such municipality.”).

18. The current governing body of the Nashville Sports Authority is a board of

directors consisting of thirteen persons appointed by the Metro Nashville Mayor and

approved by the Metro Nashville Council. Tenn. Code Ann. § 7-67-108(a)(4)(A) (effective until

Jan. 1, 2024).1

19. Each member of the Nashville Sports Authority’s board of directors was

appointed to serve a six-year term. Id. § 7-67-108(a)(2).

20. The term of each member of the Nashville Sports Authority’s current board of

commissioners is scheduled to expire as follows:

a. Aaron McGee, February 17, 2028;

b. Emmett Wynn, February 17, 2024;

c. Jad Duncan, February 20, 2024;

d. Frank Harrison, October 19, 2023;

e. Dan Hogan, December 19, 2023;

f. Melvin Gill, December 19, 2023;

g. Cathy Bender, February 19, 2026;

h. Anna Page, February 19, 2026;

i. Glenn Farner, February 19, 2026;

j. (Ret.) Col. Don Deering, February 19, 2026;

k. Kim Adkins, February 17, 2028;

l. Winston Justice, February 17, 2028; and

1 A copy of Tenn. Code Ann. § 7-67-108 in effect on May 10, 2023, prior to the Act’s passage,
is attached as Ex. 5 for the Court’s convenience.

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 m. Michael Zerah, February 17, 2028.

21. As the municipality (defined by the 1993 Act as any county, metropolitan

government or incorporated city or town) authorizing the Nashville Sports Authority, Metro

Nashville was empowered to aid or otherwise provide assistance to an authority created

pursuant to the Sports Authorities Act of 1993, including leasing or gifting land to the

authority, granting the authority revenues not derived from ad valorem taxes, and assigning

or loaning municipal staff to the authority. Id. §§ 7-67-111, 7-67-116.

22. The Nashville Sports Authority provides Metro Nashville a copy of its yearly

audit. Id. § 7-67-110.

23. According to its website, the Nashville Sports Authority’s mission “is to

acquire, improve, repair, operate and maintain professional sports facilities and their

surrounding campuses in Metro Nashville and Davidson County, within the provisions of

governing contracts.”

24. The Nashville Sports Authority was instrumental in bringing to Nashville the

Tennessee Titans of the National Football League, the Nashville Predators of the National

Hockey League, and Nashville SC of Major League Soccer.

25. The Nashville Sports Authority facilitated the rennovation of Bridgestone

Arena by issuing several series of bonds. The Authority currently leases Bridgestone Arena

to the Nashville Predators and has done so since the construction of the arena.

26. The Nashville Sports Authority facilitated the construction of Geodis Park,

home of Nashville SC of Major League Soccer, by issuing $225 million in bonds. The Authority

currently leases the stadium to Nashville SC.

27. The Nashville Sports Authority facilitated the construction and move of the

Nashville Sounds Minor League Baseball team to First Horizon Park in Nashville by issuing

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$65 million in municipal bonds. The Authority currently leases the stadium to the Nashville

Sounds.

28. Most recently, the Sports Authority issued $760 million in bonds to fund the

construction of a new stadium on the east bank of the Cumberland River in Nashville for the

Tennessee Titans.

III. The State Enacts the Nashville Sports Authority Act.

29. April 17, 2023, the Nashville Sports Authority Act passed by a vote of 74 ayes

and 23 nays in the Tennessee House of Representatives. On April 21, 2023, the Senate

concurred in the version of the bill passed by the House by a vote of 18 ayes and 6 nays.

30. Governor Bill Lee signed the bill into law on May 11, 2023.

31. Where previously the Nashville Sports Authority was controlled solely by

directors appointed by Metro Nashville, the Act shifted control of six of the thirteen seats to

the State of Tennessee.

32. Section 1 of the Act amended Section 7-67-108(a)(4) of the Sports Authority Act

of 1993 by adding a new subsection governing the composition of the board of directors of a

sports authority in a county having a metropolitan form of government and a population of

over 500,000 according to the 2020 or subsequent federal census.

33. Section 1 of the Act vacates the membership of the Nashville Sports Authority

effective January 1, 2024. In so doing, Section 1 will remove each the current thirteen

directors from office prior to the ends of their terms.

34. After vacating the current membership on January 1, 2024, Section 1

reconstitutes the Nashville Sports Authority board of directors.

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 35. Effective January 1, 2024, Section 1 reappoints the seven “longest standing

board members”2 as of June 30, 2023, who will serve an amount of time equal to the

remainder of their existing terms, provided that they meet the qualifications for membership

and no more than one appointee is appointed from the same Metro Nashville school district.

The seven longest standing board members of the Nashville Sports Authority as of June 30,

2023, will be reappointed even if one or more of these members no longer serve on the board

because their terms expired prior to January 1, 2024.

36. Section 1 authorizes the Metro Nashville Mayor to make subsequent

appointments to these seven positions in the Mayor’s sole discretion with no requirement for

approval by the Metro Council.

37. Section 1 authorizes the Speaker of the State House of Representatives, the

Speaker of the State Senate, and the Governor each to appoint two members to the Nashville

Sports Authority board of directors effective January 1, 2024. Section 1 does not require that

any of the State-appointed board members reside in Metro Nashville, and at least one of the

Governor’s appointees must reside outside Middle Tennessee.

38. The directors appointed by the Governor will serve initial terms that expire on

June 30, 2025.

39. The directors appointed by the Speaker of the House of Representatives will

serve initial terms that expire on June 30, 2027.

40. The directors appointed by the Speaker of the Senate will serve initial terms

that expire on June 30, 2029.

2 “Longest standing board members” is not defined in the Act.

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 41. The only sports authority in existence now or in the future that can satisfy

Section 1’s population and form-of-government requirements and create a reconstituted

board that satisfies Section 1’s timing deadlines is the Nashville Sports Authority.

42. The Nashville Sports Authority Act did not amend Tenn. Code Ann. § 7-67-

109, so the Nashville Sports Authority statutorily remains an instrumentality of Metro

Nashville, even though Metro Nashville no longer appoints all of the Authority’s board.

IV. The State’s Pretextual Rationale for Targeting Nashville.

43. The legislative history of the Nashville Sports Authority Act demonstrates that

the Act was explicitly drafted to target Metro Nashville and the Nashville Sports Authority

and to have no effect on any other sports authority.

44. The consistently stated rationale for passage of the Act was that the State had

approved over $500 million in funds toward the construction of the new Nissan Stadium in

Nashville and, therefore, deserved representation on the Nashville Sports Authority.

45. The Fiscal Memorandum published by the Tennessee General Assembly’s

Fiscal Review Committee stated bluntly in its bill summary that the Act “[v]acates and

reconstitutes the board of directors (Board) for the Metropolitan Sports Authority (Authority)

of Nashville, effective January 1, 2023.” Fiscal Memo. House Bill 1197–Senate Bill 1335 (Mar.

26, 2023) (emphasis added).3

46. Representative Ryan Williams (R–Cookeville), the Act’s House sponsor, made

clear that the legislation focused solely on Metro Nashville because of the State’s decision to

help fund construction of the city’s new football stadium. He explained that “the State has

invested more than half a billion dollars in this project, and the State seeks to have a voice

3 https://www.capitol.tn.gov/Bills/113/Fiscal/HB1197.pdf.

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at the table as it relates to the decisions.” Hearing on H.B. 1197 on House Floor, 2023 Leg.,

113th Gen. Assembly (Apr. 17, 2023) (statement of Rep. Ryan Williams, R-Cookeville).4

47. In response to a follow-up question as to whether the new directors would be

appointed from Davidson County, Representative Williams stated: “No, they will not all be

from the senatorial district or Metro Davidson County because the half-a-billion-dollar bonds

were paid for by seven million people in the State of Tennessee. That is the reason for this

bill, and that’s why we’re here before you today.” Id.5

48. In further explaining the bill’s purpose, Representative Williams was even

more direct that its intended target was Metro Nashville: “The reason why is because we

issued a half a billion dollars in bonds, the State did, using taxpayer dollars and they

currently have no voice on this board. As it relates to who was there or not there, Metro

Nashville is issuing their own bonds and advocated to this body for us to issue a half a billion

dollars in bonds because they didn’t have the capability to do it all themselves. They didn’t.”

Id.6

49. As pointed out by Representative John Ray Clemmons (D-Nashville), the

Tennessee Titans organization advocated for the State’s $500 million grant, not Metro

Nashville.

50. In response to a suggestion that the bill be inclusive of other counties with

sports authorities, Representative Williams stated: “[N]one of this would be possible without

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the State of Tennessee because as we were told, if we all didn’t do this together, Metro

Nashville and the State of Tennessee, this entity would be gone. And so we have the State of

Tennessee and Metro Nashville to thank for preserving it.” Id.7

51. Senator Paul Bailey (R–Sparta), the Senate sponsor of the bill, explained to

the Senate and Local Government Committee that the bill was filed because “last year this

General Assembly appropriated a $500 million bond that would allow for the building of a

new stadium. That does not include the tax zone that we had previously approved for that

campus area around the Tennessee Titans. So I think the state and Tennessee taxpayers

have made a huge investment into this [Nashville] board’s authority.” Hearing on S.B. 1335

Before Senate & Local Gov’t Comm., 2023 Leg., 113th Gen. Assembly 21 (Mar. 28, 2023)

(statement of Sen. Paul Bailey, R-Sparta).8

52. But this rationale is inconsistent with the State’s treatment of other sports

authorities throughout the state.

53. There are six active sports authorities in the State of Tennessee: the Nashville

Sports Authority, the Memphis and Shelby County Sports Authority, the Chattanooga Sports

Authority, the Williamson County Sports Authority, the Knoxville-Knox County Sports

Authority, and the Montgomery County Sports Authority.

54. In response to Senator Yarbro’s (D-Nashville) question whether Shelby County

would be affected by the Act because Shelby County received $350 million dollars from the

State toward improving the FedExForum and Simmons Bank Liberty Stadium in Memphis,

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Senator Bailey confirmed it would not. Id.9 (Sen. Yarbro: “How much of that is allocated for

sports facilities in Shelby County in this year’s budget, Mr. Chairman? Anybody know? I

think it’s three hundred and fifty million dollars. And under this legislation, how much

representation will McMinn County have in the Shelby County sports authority?” Sen.

Bailey: “Probably zero.” Sen. Yarbro: “Because this doesn’t affect that. Correct?” Sen. Bailey:

“No, sir.”).

55. The State also recently awarded a $13.5 million grant to the Sports Authority

of Knoxville and Knox County. Neither the Act nor any other legislation provides the State

with seats on that sports authority’s board of directors.

56. Indeed, the Sports Authorities Act of 1993 allows all sports authorities to

accept grants from the State and has allowed such acceptance since its original passage.

Tenn. Code Ann. § 7-67-109(14) (granting sports authorities the power to accept “donations,

contributions, revenues, capital grants or gifts” from the State). Despite the 1993 Act’s having

authorized the acceptance of such State funding, the Nashville Sports Authority Act does not

give the State seats on any other sports authority’s board of directors.

57. To the extent the State has concerns regarding expenditure of State funds, the

Sports Authorities Act of 1993 provides the State with oversight, as Section 7-67-110 requires

all sports authorities to perform an annual audit to be reviewed by the comptroller of the

treasury.

58. In presenting the Act in committee, Senator Bailey referenced that the State

granted a special tax zone to the area surrounding the new Nashville stadium. Hearing on

S.B. 1335 Before Senate & Local Gov’t Comm., 2023 Leg., 113th Gen. Assembly 21 (Mar. 28,

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2023) (statement of Sen. Paul Bailey, R-Sparta) (“Well, most recently, last year this General

Assembly appropriated a $500 million bond that would allow for the building of a new

stadium. That does not include the tax zone that we had previously approved for that campus

area around the Tennessee Titans. So I think the state and Tennessee taxpayers have made

a huge investment into this board’s authority.”)10; see also Hearing on H.B. 1197 on House

Floor, 2023 Leg., 113th Gen. Assembly (Apr. 17, 2023) (statement of Rep. Ryan Williams, R-

Cookeville) (“[T]his municipality had requested on four other instances sales tax schemes

which would allow them to preserve these teams there.”)11

59. Special tax zones for sports facilities are not unique to Metro Nashville. For

example, the General Assembly recently approved special tax zones for sports facilities in

Memphis and Knoxville. See 2023 Pub. Acts ch. 405 (codified at Tenn. Code Ann. § 67-6-

103(d)(1)(A)(viii)) (Memphis); 2022 Pub. Acts ch. 1069 (codified at Tenn. Code Ann. § 67-6-

712(f)) (Knoxville). But the State did not pass legislation vacating locally appointed seats on

those municipalities’ sports authorities and replacing them with state-appointed directors.

V. Metro Nashville Has Not Consented to the Makeover of Its Sports Authority’s
Board of Directors.

60. Despite being targeted solely at Davidson County, the Act does not provide for

local approval prior to becoming effective.

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 CAUSES OF ACTION

I. THE NASHVILLE SPORTS AUTHORITY ACT FAILS TO REQUIRE LOCAL

APPROVAL AND THEREFORE IS UNCONSTITUTIONAL UNDER THE
LOCAL LEGISLATION CLAUSE IN ARTICLE XI, SECTION 9 OF THE
TENNESSEE CONSTITUTION.

61. Plaintiff adopts and incorporates all allegations in the preceding paragraphs

as if fully set forth herein.

62. The portion of the Local Legislation Clause of the Tennessee Constitution

requiring local approval of state legislation reads as follows:

[A]ny act of the General Assembly private or local in form or effect applicable
to a particular county or municipality either in its governmental or its
proprietary capacity shall be void and of no effect unless the act by its terms
either requires the approval by a two-thirds vote of the local legislative body of
the municipality or county, or requires approval in an election by a majority of
those voting in said election in the municipality or county affected.

Tenn. Const. art. XI, § 9, ¶ 2.

63. Any legislation that omits local approval language required by the Local

Legislation Clause is “absolutely and utterly void.” Farris v. Blanton, 528 S.W.2d 549, 551

(Tenn. 1975).

64. The Nashville Sports Authority Act is local in form and effect. Based on its

population, form-of-government, and timing requirements, the Act applies only to Metro

Nashville and the Nashville Sports Authority, which is an instrumentality of Metro

Nashville. There is no reasonable expectation that the Act will apply to any other city, county,

or sports authority absent future legislative action.

65. The Act vacates the Nashville Sports Authority’s current board of directors on

January 1, 2024. The Act reappoints the seven longest standing current board members as

of June 30, 2023, to serve the remainder of their existing terms, after which the Mayor shall

make all subsequent appointments to these seats without Metro Council approval. The Act

permanently vacates the positions held by the remaining six board members and transfers

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the appointment power for their positions from the Metro Nashville Mayor and Council to

State officials.

66. There is no reasonable expectation that the Act will apply to any other city,

county or sports authority absent future legislative action.

67. The Act does not contain a provision requiring consent of the voters of Metro

Nashville or a two-thirds vote of the Metro Council before taking effect.

68. Because the Act applies only to Metro Nashville and its sports authority

without the mandatory local approval language, it violates the Local Legislation Clause in

the Home Rule Amendment.

69. Metro Nashville requests that the Court enter a declaratory judgment holding

the Nashville Sports Authority Act unconstitutional under the local-approval requirement of

the Local Legislation Clause and an order enjoining its enforcement.

II. THE NASHVILLE SPORTS AUTHORITY ACT IS A RIPPER BILL AND

THEREFORE IS UNCONSTITUTIONAL UNDER THE LOCAL LEGISLATION
CLAUSE IN ARTICLE XI, SECTION 9 OF THE TENNESSEE
CONSTITUTION.

70. Plaintiff adopts and incorporates all allegations in the preceding paragraphs

as if fully set forth herein.

71. The portion of the Local Legislation Clause of the Tennessee Constitution

prohibiting ripper bills reads as follows:

The General Assembly shall have no power to pass a special, local or private
act having the effect of removing the incumbent from any municipal or county
office or abridging the term or altering the salary prior to the end of the term
for which such public officer was selected....

Tenn. Const. art. XI, § 9, ¶ 2.

72. The Nashville Sports Authority Act is local in form and effect. Based on its

population, form-of-government, and timing requirements, the Act applies only to the

Nashville Sports Authority, which is an instrumentality of Metro Nashville. There is no

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reasonable expectation that the Act will apply to any other sports authority absent future

legislative action.

73. The Nashville Sports Authority’s current board of directors are municipal or

county officers under the Local Legislation Clause.

74. Section 1 of the Act vacates the Nashville Sports Authority’s current board of

directors on January 1, 2024. The Act reappoints the seven longest standing current board

members as of June 30, 2023, to serve the remainder of their existing terms, after which the

Mayor shall make all subsequent appointments to these seats without Metro Council

approval. The Act permanently vacates the positions held by the remaining six board

members and transfers the appointment power for their positions from the Metro Nashville

Mayor and Council to State officials.

75. By vacating all of the Nashville Sports Authority’s current board of directors

on January 1, 2024, the Act removes them from office and abridges their terms of office.

76. By permanently vacating the seats of six of the Nashville Sports Authority’s

board of directors, the Act removes them from office and abridges their terms of office.

77. By vacating all of the Nashville Sports Authority’s current board of directors

and permanently vacating the seats of six of the Nashville Sports Authority’s board of

directors, the Act violates the Local Legislation Clause’s absolute prohibition on removing or

abridging the terms of incumbent municipal or county officials.

78. By vacating all of the Nashville Sports Authority’s current board of directors

and permanently vacating the seats of six of the Nashville Sports Authority’s board of

directors, the Act infringes on Metro Nashville’s right of local sovereignty that the Local

Legislation Clause’s prohibition on ripper bills protects.

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 79. Metro Nashville requests that the Court enter a declaratory judgment holding

the Nashville Sports Authority Act unconstitutional under the Local Legislation Clause’s

prohibition on ripper bills and an order enjoining its enforcement.

III. THE NASHVILLE SPORTS AUTHORITY ACT IS UNCONSTITUTIONAL

UNDER THE EQUAL PROTECTION CLAUSES IN ARTICLE I, SECTION 8
AND ARTICLE XI, SECTION 8 OF THE TENNESSEE CONSTITUTION.

80. Plaintiff adopts and incorporates all allegations in the preceding paragraphs

as if fully set forth herein.

81. The full text of Article I, Section 8, of the Tennessee Constitution states “[t]hat

no man shall be taken or imprisoned, or disseized of his freehold, liberties, or privileges, or

outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty, or property,

but by the judgment of his peers or the law of the land.”

82. The full text of Article XI, Section 8 of the Tennessee Constitution states as

follows:

The Legislature shall have no power to suspend any general law for the benefit
of any particular individual, nor to pass any law for the benefit of individuals
inconsistent with the general laws of the land; nor to pass any law granting to
any individual or individuals, rights, privileges, immunities, or exemptions
other than such as may be, by the same law extended to any member of the
community, who may be able to bring himself within the provisions of such
law. No corporation shall be created or its powers increased or diminished by
special laws but the General Assembly shall provide by general laws for the
organization of all corporations, hereafter created, which laws may, at any
time, be altered or repealed and no such alteration or repeal shall interfere
with or divest rights which have become vested.

83. The Nashville Sports Authority Act treats the Nashville Sports Authority

differently than any other sports authority in the State for no rational purpose.

84. Metro Nashville requests that the Court enter a declaratory judgment holding

the Nashville Sports Authority Act unconstitutional under the Equal Protection Clauses in

Article I, Section 8 and Article XI, Section 8 of the Tennessee Constitution and an order

enjoining its enforcement.

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 PRAYER FOR RELIEF

WHEREFORE, Metro Nashville demands judgment against Defendants Bill Lee,

Randy McNally, and Cameron Sexton, in their official capacities, and prays that the Court

award the following relief:

1. A judgment and order declaring the Nashville Sports Authority Act facially

unconstitutional and therefore null and void;

2. A temporary and permanent injunction preventing Defendants Governor Lee,

Speaker McNally, and Speaker Sexton from implementing the Nashville Sports Authority

Act in any way; and

3. Such further and general relief as the Court deems appropriate at law or in

equity.

Respectfully submitted,

DEPARTMENT OF LAW OF THE

METROPOLITAN GOVERNMENT OF
NASHVILLE AND DAVIDSON COUNTY
WALLACE W. DIETZ (#009949)
DIRECTOR OF LAW

/s/ Melissa Roberge

MELISSA ROBERGE (#026230)
SENIOR COUNSEL
MICHAEL DOHN (#037535)
ASSISTANT METROPOLITAN ATTORNEY
Metropolitan Courthouse, Suite 108
P.O. Box 196300
Nashville, Tennessee 37219
(615) 862-6341
[email protected]
[email protected]

BASS, BERRY & SIMS, PLC

ROBERT E. COOPER, JR. (#010934)
WESLEY S. LOVE (#036860)

18
150 Third Avenue South, Suite 2800
Nashville, Tennessee 37201
(615) 742-6200
[email protected]
[email protected]

Counsel for Plaintiff Metro Nashville

19