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On the Restaurant Lawsuit

People are asking me if the chancery court has jurisdiction over the whole state. I don’t know. Researching and asked a few of my legal correspondents and am awaiting an answer. Being a court of equity that settles disputes, this makes little sense.

Update: According to a former judge acquaintance, this ruling is not applicable anywhere but the county. Unless it is upheld by another court (which it won’t be), then it becomes case law.

Update 2: The TN Dept of safety advises that it is not the law anymore. Not sure if that’s an interpretation or some sort of ruling. So beware out there.

10 Responses to “On the Restaurant Lawsuit”

  1. Anon Says:

    The TN Department of Safety Handgun Carry Permit Website at currently says:

    “On November 20, 2009, the Davidson County Chancery Court held that the law allowing Tennessee handgun carry permit holders to carry their handguns into establishments serving alcohol was unconstitutional. As a result, the prior law which prohibited all persons from carrying firearms into establishments serving alcohol is back in effect.”

  2. wizardpc Says:

    The AG that represented the state in this case told me the law was struck down, effective today.

  3. Rick Ellington Says:

    “Well, I guess it’s safe to eat in TN restaurants again.”

  4. TheOtherLarry Says:

    Yeah, I hate it when I find one of those pesky Berettas hidden in my steak. They’re kinda chewy.

  5. Walter Sobchak Says:

    Has the whole world gone crazy?

  6. nk Says:

    Ordinarily, a trial court judgment only binds the parties to the case. However, if the case involves the validity of a statute and the losing party is the state, the law is struck down statewide unless the state wins on appeal.

  7. Ron W Says:

    Wasn’t the allegation that those of us who exercise our Article I, Section 26 RIGHT a “public nuisance”?

    Did they present evidence to demonstrate us guilty beyond a reasonable doubt.

    IF I were Govenor, I would simply announce that in accordance with my oath to the Tennessee Constitution and specifically the enumerated RIGHT cited above, that I would NOT enforce this ruling. You know, I think they call it “checks and balances”. But then we don’t have a Govenor who goes by the WORDING of the Constitution or else, he would not have vetoed this law pursuant to Article I, Section.

  8. Ron W Says:

    ..Section 26

  9. ParatrooperJJ Says:

    I don’t think the Governor has a say in the matter. Local DAs determine if charges get filed or not.

  10. Josh A Says:

    ParatrooperJJ – can’t the TN Governor use pardon powers? Or is that not an option in TN?