A proposed 18-month data center moratorium failed during the Memphis City Council’s Tuesday meeting, prompting reactions from residents, organizers, and elected officials.
The ordinance, sponsored by councilmembers JB Smiley, Jerri Green, Jana Swarengen-Washington, and Michalyn Easter-Thomas, would have paused acceptance and processing of data center developments in the city.
While the council voted 6-6 on the ordinance, the body instead passed legislation that would enact a 135-day pause.
The passed, substitute ordinance outlines regulations for data centers such as expansion, construction, operation, and development.
Prior to voting, Green said councilors had only recently received the ordinance, sponsored by councilmember Jeff Warren, and were not immediately able to see what was “new and different.” Green suggested voting on the ordinance at the end of the meeting so the body could parse through the language.
During the convening, residents condemned the council for producing an ordinance the community had not seen until the meeting. Residents said this erased the community input many advocated for in data center regulation discussions.
Tikeila Rucker, executive director at Memphis For All, asked the council for clarity on the substitute ordinance. She and other community members were proponents of the 18-month moratorium ordinance, as it outlined community engagement — which she said seemed to be missing from Warren’s ordinance.
“It’s your responsibility to make sure you are taking the public’s input in your considerations that you’re making today,” Rucker said.
Jasmine Bernard, a youth organizer, told the council they “played in [their] face” and the community was tired after consistently showing up in support of a moratorium, without councilors taking action.
“We’ve been here for 800 days asking for a moratorium — asking y’all to value the lives of people who live in Memphis,” Bernard said. “We just want y’all to put our lives over profit.”
In the aftermath of a passionate public comment period, councilors Janika White, Rhonda Logan, Edmund Ford Sr., Jeff Warren, Chase Carlisle, and J. Ford Canale voted against the 18-month moratorium.
The ordinance’s sponsors along with Pearl Eva Walker and Philip Spinosa voted “yes.” Councilmember Yolanda Cooper-Sutton was not present for voting.
Smiley posted to his social media and said voting “should’ve been easy” and he didn’t understand “how [they] got it so wrong.”
“The people weren’t asking us to stop progress,” Smiley said. “They were asking us to be responsible about it.
“A pause was reasonable. The people were clear. The vote should have been easy.”
Rep. Justin J. Pearson said the Memphis City Council “failed” its constituents and those living in the Mid-South. Pearson said this marked a “dark moment” in the city’s history.
“The council had the opportunity to serve as a shining example of democracy, and competent, compassionate governance,” Pearson said.
“Instead, they chose to bow to the forces of greed and exploitation. They put the profits of Elon Musk, SpaceXAI, and other data center operators — who are salivating over our city due to its woefully weak and corrupt leadership — over the will and welfare of the people.”
The state representative called the 135-day moratorium ordinance “rushed” and “political malpractice.”
Pearson and organizers like Richard Massey said the vote did not mark the end of their fight.
“This movement doesn’t end here,” Massey said. “The community will continue to show up and demand responsible, common-sense guardrails. This vote can not and will not halt this movement in Memphis.”
