State lawmakers move to prevent statue removals
Two separate House committees on Wednesday took divergent action on bills introduced as a result of Memphis' decision to remove controversial statues last year.
One measure would bolster the state's Heritage Protection Act — the law that requires a waiver from the state Historical Commission before removing statues — and financially punish cities that violate the law.
Another would punish local officials for approving measures that conflict with state or federal law on immigration or historical monuments.
The House State Government Subcommittee approved a bill to change the Heritage Protection Act to explicitly prevent other municipalities from taking action similar to Memphis or face serious financial penalties.
The legislation, HB 1574, sponsored by Rep. Steve McDaniel, R-Parkers Crossroads, would prohibit the sale or transfer of a memorial or public property containing a statue without first obtaining a waiver from the state Historical Commission.
After being denied a waiver to remove the statues, Memphis sold two public parks in December to a nonprofit, which removed statues of Nathan Bedford Forrest and Jefferson Davis.
A public entity violating the measure would be banned from receiving grants administered by the Historical Commission as well as the state Department of Economic and Community Development for five years.
In addition, the measure also allows “any entity, group or individual” with a “real interest in a memorial” to seek an injunction in Davidson County court if they believe a public entity is violating the law. The court would be allowed to issue a restraining order or injunction to preserve the memorial.
Further, the bill would allow the commission to field complaints alleging violations of the state law.
When the bill was briefly under consideration in committee, Rep. Darren Jernigan, D-Old Hickory, asked McDaniel if it was aimed at Memphis.
“Memphis is water over the dam or the bridge,” McDaniel said, noting that his bill would prevent the city from doing what they did in December.
The subcommittee approved the measure, which has not advanced in the Senate, with a voice vote.
Meanwhile, the House Criminal Justice Committee rejected a bill that would have made it a felony for a local elected official to take a similar approach as Memphis officials.
Although the legislation did not explicitly mention Memphis' decision last year to remove controversial statues of Nathan Bedford Forrest and Jefferson Davis from public parks, critics said the measure was in response to the move.
The measure, HB 2552, sponsored by Rep. Dawn White, R-Murfreesboro, would also have made it a felony for a local government to enact policies that make it a sanctuary city. The state does not have any sanctuary cities.
During an at-times heated debate, Rep. Antonio Parkinson, D-Memphis, argued that the legislation was the result of Memphis' decision.
White argued that she was merely seeking to protect history.
"We have to protect our history," she said, to which Parkinson said the history of one of the controversial Memphis statues was Forrest, who is the infamous Confederate general who later served as the first grand wizard of the Ku Klux Klan.
Parkinson said Forrest was a "slave trader" who "sold humans to other humans."
"Is that the same history that you are trying to preserve?" he rhetorically asked.
White said the Forrest statue and others are protected by the Heritage Protection Act.
While discussing the measure, Parkinson argued that White's legislation was misguided, noting that the state comptroller found Memphis followed the state's Open Meetings Act as it worked to remove the statues.
At one point, Parkinson tried to amend the legislation to make it a felony for any state lawmaker to approve a measure that violates federal law. Parkinson withdrew his amendment after being told it was outside the parameters of the bill.
Two members of the House Criminal Justice Committee — Reps. Sherry Jones, D-Nashville, and Andrew Farmer, R-Sevierville — raised questions about whether White's bill was constitutional. As a result, Farmer asked for the bill to be sent to summer study — the place where legislation goes to die.
Over the objection of Reps. Tilman Goins, R-Morristown, and Micah Van Huss, R-Jonesborough, the House committee rejected the bill on a voice vote.
The Senate version of the measure has not been taken up in committee.
Reach Joel Ebert at jebert@tennessean.com or 615-772-1681 and on Twitter @joelebert29.