English Only backers file lawsuit

Backers say they will take challenge, crafted with help from D.C. attorney, to Supreme Court if needed

Email | Print By Nate Rau

Attorneys supporting English Only will file a lawsuit in Chancery Court this afternoon challenging the Davidson County Election Commission’s vote to keep the charter amendment off the November ballot.

Jonathan Crisp, an English Only supporter, said attorney Jim Roberts planned to file today and would seek an expedited ruling so the proposed charter amendment could still appear on the Nov. 4 ballot.

The lawsuit asks for a court ruling on the word “submitted” as it appears in the Metro charter in regards to petition-driven charter amendment proposals.

Metro Director of Law Sue Cain issued a legal opinion this week stating that “submitted” was intended to mean when a proposal is literally on the ballot for the voters. The charter states that such referendums may not be submitted to voters more than once over a two-year span.

The Election Commission took Cain’s advice and, with a 3-2 vote, decided to not allow English Only to appear on the November ballot. The petition drive had sufficient signatures to appear on ballot after being certified by Election Commission Director Ray Barrett.

Crisp vowed to take the legal challenge to the Tennessee Supreme Court if necessary. In addition to Roberts, who is from Nashville, the legal challenge was also written by Washington D.C.-based attorney Barnaby Zall, according to Crisp. Councilman Eric Crafton, the initiative’s main backer, is out of town on business.

English Only attempts to amend the charter to only allow Metro business to be conducted in English and to state no one has a right to government services in any language except English. The state of Tennessee already states that English is its official language.