R2411903

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RESOLUTION

A RESOLUTION OF THE COMMISSION


OF KNOX COUNTY, TENNESSEE,
EXPRESSING THE COMMISSION’S
COMMITMENT TO PROTECTING
THE INNOCENCE OF CHILDREN.

RESOLUTION: R-24-11-903

REQUESTED BY: COMMISSIONER LEE

PREPARED BY: COMMISSIONER LEE

APPROVED AS TO FORM
BUT NOT AS TO
SUBSTANCE:_______________________________
DIRECTOR OF LAW

APPROVED:________________________________
DATE

VETOED:__________________________________
DATE

VETO
OVERRIDE:_______________________________
DATE

MINUTE
BOOK______________PAGE__________________

WHEREAS, Knox County, Tennessee has a charter form of government that


affords broad powers, as explained in Article I-Powers and Functions, which includes the
statement “Knox County Government shall exercise any power or perform any function
which is not denied by the Constitution of the State of Tennessee;” and

WHEREAS, Article II-Legislative Branch of the Knox County Charter states in Sec.
2.01 the “legislative power of the County includes all lawful authority to adopt ordinances,
emergency ordinances, and resolutions governing the operation of government or
regulating the conduct and affairs of the residents of the county…;” and

WHEREAS, community standards are a key component of the determination of


obscenity in the United States, based upon Miller v. California, 413 US 15, 24-25 (1973) and
other cases; and
WHEREAS, the Knox County Board of Commissioners are the representatives of
the residents of Knox County, and are empowered by law to establish what the prevailing
standards are in the Knox County community with respect to what is suitable for taxpayer
funded materials, activities, and events that include minors; and

WHEREAS, the future of Knox County, Tennessee relies on the health and
wellbeing of its children and young people; and

WHEREAS, children are our greatest treasure, and our most vulnerable
population. We must always weigh the risk of harm to minors in public policy decisions;
and

WHEREAS, we value integrity and excellence and will not trade the innocence of
minors for other governmental goals; and

WHEREAS, protecting the innocence of children should be an issue of concern for


all adults; and

WHEREAS, children are increasingly over-sexualized in our nation, state, and


county; and

WHEREAS, according to a recent Tennessee Department of Health report title


“Sexual Violence” there were 1,798 counts of sexual assault victims in Knox County from
2016 to 2020 with 944 of those cases (52.5%) being minors under the age of 18; and

WHEREAS, according to the Tennessee Bureau of Investigation the average age of


a child sold for sex is 13 years old and human trafficking is the second-fasting growing
criminal industry; and

WHEREAS, the exposure to and normalization of sexualized behaviors reduces


children’s inhibitions and ability to protect themselves from the sexual advances of others;
and

WHEREAS, children learn from observing and subsequently acting out the
behaviors they have observed. Children who have observed sexualized behaviors or who
have been the victim of sexual assault may act out with other children at home or school,
which may lead to additional child victims; and

WHEREAS, the normalization of sexualized conduct and materials to children is


not in the long-term interest of children or society. Wholesome, good, and honorable
matter and conduct should be promoted to children instead; and

WHEREAS, in July 2024 the United States Court of Appeals for the Sixth Circuit
stated in Friends of George’s, Inc v Steven J. Mulroy, 108 F.4th 431, 438 (6th Cir. 2024),
“there is no constitutional interest in exhibiting indecent material to minors;” and

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WHEREAS, Tennessee Code Annotated 7-51-1401 defines “adult entertainment,”
“sexually-oriented material,” and “specified sexual activities;” and

WHEREAS, Tennessee Code Annotated 39-17-901 defines “harmful to minors,”


“matter,” “nudity,” “obscene,” “prurient interest,” and “sexual conduct;” and

WHEREAS, Knox County is experiencing significant budget and debt challenges


and taxpayer resources need to be prioritized for public safety, education, infrastructure,
and other essential services.

NOW THEREFORE BE IT RESOLVED BY THE COMMISSION OF KNOX


COUNTY AS FOLLOWS:

The Knox County Board of Commissioners is committed to protecting the innocence


of children, and to cultivating healthy children, families, communities, and institutions.

BE IT FURTHER RESOLVED, no county staff or resources shall be allocated,


directly or indirectly, to entertainment, materials, activities, matter, conduct, programs,
events, content, or institutions which support, normalize, or encourage the harmful
sexualization of minors as defined by Tennessee Code Annotated.

BE IT FURTHER RESOLVED, taxpayer funded resources currently allocated to


harmful materials, activities, and institutions engaging, directly or indirectly, in
sexualization of children shall be reallocated to essential services including, but not limited
to, public safety and infrastructure.

BE IT FURTHER RESOLVED, that this resolution applies to the extent that it does
not conflict with Tennessee law.

BE IT FURTHER RESOLVED, the Board encourages individuals and communities


to promote the good and the honorable to children rather than the normalization of
harmful sexual behaviors, so to protect the health and wellbeing of our children and the
future of our county.

BE IT FURTHER RESOLVED, that this Resolution is to take effect from and after
its passage, as provided by the Charter of Knox County, Tennessee, the public welfare
requiring it.

_________________________________________
Presiding Officer of the Commission Date

_________________________________________
County Clerk Date

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Approved:________________________________
County Mayor Date

Vetoed:__________________________________
County Mayor Date

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