NASHVILLE, Tenn. (WKRN) — A settlement has been filed in a lawsuit filed on behalf of seven Metro Council members challenging a State Law This makes it a felony for elected officials to vote in favor of sanctuary city policies.
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this complain Filed last June, it argued bill — Adopted during January 2025 special legislative session — violates the First and Fourteenth Amendments and the Speech and Debate Clause, which gives lawmakers immunity when acting in their official capacity. The proposed settlement acknowledges that the law is unconstitutional, according to a press release from the American Civil Liberties Union of Tennessee, which filed the lawsuit on behalf of Metro Council members.
Under the proposed agreement, neither Davidson County District Attorney Glenn Fink nor Tennessee Attorney General Jonathan Schemetti would pursue criminal charges or other removal proceedings against any local officials under the challenged provisions. News 2 has reached out to Funk’s office for comment but had not heard back as of press time.
In addition, the proposed settlement provides that defendants Funk and Skrmetti must pay $61,223.51 in attorney’s fees and Metro Council member costs.
“Every legislator, whether at the federal, state or local level, has a constitutional guarantee not to be prosecuted for how they vote,” a statement from Schemetti’s office read. “Sanctuary policies remain illegal in Tennessee, but city and county officials cannot be imprisoned for voting in favor of such policies. Therefore, we unanimously believe dismissal of this case is the appropriate outcome.”
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Tuesday’s press release from the American Civil Liberties Union included the following statement from Metro Council members named in the lawsuit:
The settlement affirms a fundamental American principle: The government cannot prosecute you because of how you vote. The state of Tennessee tried to silence local officials with the threat of jail time, but the Constitution does not allow that. Every elected official in Tennessee can now represent their constituents without fear of criminal penalties. This is how representative democracy is supposed to work.
Clay Karp, District 6
When a law collapses under constitutional scrutiny, it’s not a technicality but a warning sign. The state seeks to criminalize local governance decisions simply because it disagrees with them. Local officials are elected to reflect the needs and values of our communities, not to be threatened with felony prosecution for their work. This outcome reaffirms the fundamental principle that disagreement is not a crime and that public services are free from political intimidation.
Brenda Gard, District 24
I joined this case because I refused to let fear stop me from doing what I thought was right. The settlement confirms that democracy works best when elected officials are free to vote according to their conscience and serve their communities.
Delishia Porterfield, At-Large
I was elected to represent my community, not be threatened with prosecution for my work. This law seeks to silence local leaders and intimidate us into losing relationships with our neighbors. Today’s settlement sends a clear message: Democracy cannot function when voting is treated as a crime. Our immigrant families deserve to be represented without fear.
Sandra Sepulveda, District 30
This case is bigger than Nashville. Legislative immunity protects every elected official. The state’s recognition that the law violated protections is a victory for a constitutional principle important to us all. When they try to criminalize compassion, we stand up and the law is on our side.
Zulfat Suara, general member
This settlement is a powerful affirmation of democracy and the rule of law. No elected official should face jail time simply for voting on behalf of their constituents. Today, Tennessee recognizes what we have held from the beginning: Our votes are not a crime. This outcome not only protects Council members, but also protects the democratic voice of every Tennessean we are elected to serve.
Terry Vo, District 17
Elected officials need the freedom to pursue policies that build trust and serve all residents. The state’s inability to defend this law shows how extreme it is. This settlement protects the ability of local leaders to do what we were elected to do, which is to lead our communities based on their needs and our best judgment.
Ginny Welch, District 16
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