State Representative Justin J.Pearson and other Memphis residents filed a lawsuit against the Memphis City Council.
Legal action was taken after Pearson and others received letters saying they were banned from the next two upcoming Council meetings. The suit was filed on behalf of Justin J. Pearson, LJ Abraham, Amber Sherman, Jasmine Bernard, Kimberly Owens Pearson, and KeShaun Pearson by the Vanderbilt Stanton Foundation First Amendment Clinic.
Memphis City Council Chairwoman Jana Swearengen-Washington is also being sued in her “official capacity.”
Plaintiffs requested that the United States District Court for the Western District of Tennessee, Memphis Division permit them to attend the October 20th meeting.
This announcement comes a week after a Memphis City Council went into recess after attendees protested against an action to hold the final vote on a proposed data center moratorium.
“The council claimed Pearson and others violated its ‘Speech Restriction Policy,’” a statement from Pearson’s office said.
The state representative and Democratic nominee for Tennessee’s 9th Congressional District appeared in front of the council during the public comment period at its Thursday, October 8th meeting.
Pearson asked Swearengen-Washington if she “knew anything about paperwork [saying he] might be banned from council meetings. Swearengen-Washington said “yes” to which Pearson said he had not received the letter at that time.
Pearson said their bans violate the First Amendment, and said the council’s decision could have “chilling effect” on residents voicing their opinions.
“Every person, whether you disagree with them or not, is entitled to speak their opinion and give their ideas in public forms,” Pearson said.
“There is no right that gives a city council chairwoman or anyone else the ability to go beyond the bounds of Tennessee law and the United States Constitution to discriminate or retaliate against those who do not agree with their actions.”
Representatives on behalf of the Memphis City Council did not immediately respond for comment.
