A Nashville activist who wants to challenge the constitutionality of a state law may have to adjust his tactics.

Karl Meyer has attempted to intentionally violate the Tennessee law that bans people from sleeping in public places, which comes with a felony penalty.

He was arrested on July 31 after spending a night sleeping on the state capitol lawn, but charged with a misdemeanor. One week later, he tried again.

Meyer tells WPLN News that his intention was to ultimately test the felony charge in court. He had hoped that it might be possible for a Davidson County judge to rule the law unconstitutional if it found its way there.

However, upon the advice of District Attorney Glenn Funk, Meyer’s continued protest will likely not lead to a felony arrest.

In a statement, Funk said that “after speaking with the Tennessee Highway Patrol, this office determined that the appropriate charges for Mr. Meyer’s protest on July 31st were criminal trespass and disorderly conduct.” These counts are classified as Class C misdemeanors.

On Aug. 7, during his second protest attempt, the THP informed Meyer of the prosecutor’s decision. Meyer said that if it was not a felony charge, he saw no use in being arrested again. The THP allowed him the option to spend the night on a nearby sidewalk, which he did.

Meyer says he plans to return to the capitol this Wednesday, remaining on the lawn or outside Gov. Bill Lee’s office until relocating to the sidewalk for the night. He is set to appear in court for his misdemeanor later this month.

Reported earlier:

Earlier this summer, the U.S. Supreme Court ruled that cities can ban people from sleeping or camping in public places.

In Tennessee, sleeping in those places was already criminalized by a 2020 law that made it a felony to camp on most state-owned property. And, in 2022, legislators expanded that law to make it illegal to camp on all public property unless otherwise specified. What is now a class E felony comes with a penalty of up to six years in prison and a $3,000 fine.

Now, Karl Meyer, an 87-year-old Nashville activist, wants to protest the law by sleeping outside the state capitol once a week. Meyer knows what he’s risking, and he’s been arrested many times when advocating for causes like the anti-war movement.

Spurred by the Supreme Court ruling, he wants to open a dialogue about the felony law.

“I think the government has an obligation to provide some kind of housing,” Meyer said as he prepared to camp on Wednesday.

Meyer believes the ban on camping is a violation of the U.S. Constitution and the rights promised in the Declaration of Independence. In a letter to Gov. Bill Lee, he pointed to various sections of both the Tennessee and U.S. constitutions, including the 14th Amendment guaranteeing due process.

He requested an audience with the governor to discuss their respective interpretations of the Constitution. Until the governor agrees, he said he would continue to sleep on the capitol lawn.

“The only thing you can do is — when you have government like this — is if the media and the public scream about it,” Meyer said.

On Thursday morning, after spending the night, Meyer was detained by state troopers. Lindsay Krinks, the co-founder of housing advocacy group Open Table Nashville, said Meyer called her from the back of the trooper’s car.

“He’s going to serve jail time so he can challenge [the law] and show how unjust this is,” Krinks said. “Karl wants to get arrested and challenge this law. He wants dialogue to be happening in the community and with elected officials.”

Meyer was booked at the Downtown Detention Center on misdemeanor charges of trespassing and disorderly conduct.

This story was updated with new developments on Aug. 12.