Nashville Attorney David Randolph Smith officially will file a lawsuit Wednesday challenging the guns in bars legislation passed by state Legislators a few weeks ago.
Smith plans to file the suit at 10 a.m. in Chancery Court in the Metro Davidson Courthouse on behalf of 10 Tennessee citizens with Nashville restaurateur Randy Rayburn as the lead plaintiff.
Rayburn, owner of the Sunset Grill, Midtown Café and Cabana, along with 9 others is suing the State of Tennessee (Attorney General as defendant), challenging the legality and constitutionality of Public Chapter 339 which permits the carrying of loaded concealed firearms by permit holders into all restaurants and bars that serve alcohol.
The suit is asking for a temporary restraining order and temporary and permanent injunction to stop the law from taking effect on July 14.
The plaintiffs will allege that the bill is illegal on eight counts. Among them being, that the law is an unlawful public nuisance that threatens the life, health and safety of the public, as well as violating due process and increasing civil liability for the restaurants.
Plaintiffs claim it also violates Tennessee's Occupational Safety and Health Act that expressively requires as a matter of federal and state law that employers provide a safe work place for employees. While a permit holder cannot drink alcohol while carrying a loaded weapon in a bar or restaurant, the new law doesn’t stop that person from having previously consumed alcohol.