As Nashville Goes Its Own Way, Tennessee Attorney General Opines That Local Governments May Not ‘Preempt’ State Orders

The Tennessee Attorney General’s office is weighing in after some mayors in the state have criticized the state’s plan to reopen the economy.

In a written opinion issued Monday, the attorney general’s office says that “local health department or other local governmental entity may not take any action inconsistent with the Governor’s executive orders.”

“The General Assembly clearly intended the Governor’s emergency management powers to be exclusive and to override any action taken by political subdivisions and local agencies that conflicts with the Governor’s executive orders. This avoids the unmanageable predicament of multiple governmental actions in the midst of an emergency. The General Assembly specified one authoritative voice on state-wide emergencies,” added Tennessee Attorney General Herbert H. Slatery III

The statement comes after criticism from Chattanooga Mayor Andy Berke and Montgomery County officials, who intended to establish their own reopening procedures. In a statement, Berke said that the state’s plan failed to account for the growing number of positive cases in Tennessee.

“It goes against the warnings of public health experts and doctors like those at the Tennessee Medical Association and Vanderbilt University Medical Center,” said Berke. “It lacks the groundwork we need to ensure that restaurant owners and managers understand their responsibilities and have the supplies they need to keep people safe from the virus.

Lee did exclude six of the state’s 95 counties — including Shelby, Davidson and Hamilton — from his reopening plans. But Hamilton County officials, where Chattanooga is located, said they would re-open restaurants based on Lee’s statewide decision.

Meanwhile, in Montgomery County, the county and city mayors said today the state’s plan would preempt their own.