Restaurateur ready to challenge ‘Guns in bars’

Tuesday, June 30, 2009 at 2:45pm
Staff Reports

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.


 

32 Comments on this post:

By: localboy on 6/30/09 at 3:19

how dare they not want to do the state's job for them, by not frisking patrons at the door? how silly can this get?
can't they just post a sign that firearms must be declared at the door, and must remain outside if requested by management??

By: Cookie47 on 6/30/09 at 3:19

The Sunset Grill, Midtown Café and Cabana will never get another dime of my money and I encourage all other HCP holders will join me in the boycott of these restaurants.

Cookie47

By: HARIE OLIVER on 6/30/09 at 3:28

Here is a perfect example of ignorance at its best, do you honestly think that criminals give a damn about the guns in bars law, no they are going to carry their guns away and get drunk and if they get into a fight they will shoot and that guy that abides by the laws and follows the rules will be latest causality.
I just pray that you all never need one of us "law abiding hand gun carry permit dangers to society" to save your life>

By: HARIE OLIVER on 6/30/09 at 3:29

im with cookie47

By: DARWOOD on 6/30/09 at 4:24

I said it weeks ago when this bill passed: there is not a bar in this city that is going to let guns inside. This bill accomplished nothing. It is full of sound and fury signifying nothing. No bar owner is going to want gun owners inside scaring away their paying customers, when the gun owners can't drink. THAT'S HOW BARS MAKE MONEY, PEOPLE BUYING ALCOHOL. Who goes to a bar and doesn't drink? I will say it agin: THIS BILL DOES NOTHING. Well, I guess it makes our council look good to the NRA. But beware councilmen, the NRA may support it, but the majority of the populace does not.

By: DARWOOD on 6/30/09 at 4:31

Also, what do you think will happen to the bar's liability insurance costs when they allow guns inside? Who do you think will get sued if someone does get shot inside of a bar that allows firearms?

By: Cookie47 on 6/30/09 at 4:41

THIS IS NOT A "GUN IN BARS" LAW. IT IS A LAW ALLOWING LAW-ABIDING HANDGUN CARRY PERMIT HOLDERS TO CARRY THEIR WEAPONS IN A RESTAURANT THAT SERVES ALCOHOL. FOR THE LOVE OF GOD, GET IT RIGHT!!!!

ALSO, THE COUNCIL DID NOT PASS THE BILL INTO LAW. IT WAS THE STATE LEGISLATURE. THE NASHVILLE CITY COUNCIL COULDN'T PASS A GREASED BB.

I would still prefer to sit in a restaurant full of HCP holders than in a gun-free zone full of anti-gun, uninformed wienies where only the criminals have the guns. "Criminals, come on in! Rob me! Shoot me!"

God, some people are just too damn naive for their own good!!! Wake up and get it right!!!!

Cookie47

By: DARWOOD on 6/30/09 at 5:00

Whatever it's called, no restaurant owner is going to want guns in his place of business. NO WAY, NO HOW!!!
Some people are just to hard headed for their own good. So restaurants don't have bars?

By: Cookie47 on 6/30/09 at 5:12

I may be hard-headed but at least I know what I'm talking about. I AM A HCP HOLDER.

Yes, some restaurants do have bars (stating the obvious) and, as of July 14th, myself and the other 180,000 to 200,000 HCP holders will be able to carry into all the ones that don't post a sign. If they post a sign, they will NOT get my business - PERIOD.

I spend on average $40 - $50 per meal for my family to eat out. All the restaurant owners can do the math then decide if they have the problem with law-abiding HCP holders to eat in their establishments. That's $7.2 - $10 million dollars if we all went out for ONE meal, folks. Do the restaurant owners want our business or not? Damn, that's a lot of money!!! Think about it.

Cookie47

By: DARWOOD on 6/30/09 at 5:17

Believe me, you will never eat out in this town again if you keep that promise. Thre's a lot more than 200,000 people in this city who don't feel so scared we have to carry a gun everywhere just to feel tough, and we will not be eating anywhere that let's guns on their property. I will say it one more time:
THERE IS NOT A RESTAURANT OR BAR THAT IS GOING TO ALLOW GUNS ON THEIR PROPERTY. The liability alone will be more than anyone wants to pay.

By: HCPforme on 6/30/09 at 7:23

Davidson Chancery Court has jurisdiction over State law? Since when?

By: dick658 on 6/30/09 at 8:44

Dwood there are 94 other counties in the state of Tn. you and all the other liberals have infested Davidson County and you must be so proud. This is the first time in the history of Metro that goverment employees have been laid off, no other county in the state has had to do what Davidson has done this fiscal year. At one time when this was a conservative govt and there was a good workable tax base this was a good county. Now since you wine (and whine) sippers are here you have broke the county, with alll your good ideas. You are why Williamson and surrounding counties are now prosperous. Thanks

By: rcotoy on 6/30/09 at 9:08

So help me understand why Cracker Barrel, Shoney's, and every fast food restaurant in the state has been successful at serving us law abiding concealed carrying folks without a single incidence. And why we can't expect that exact same experience at Morton's, The Palms, Logan's, O'Charley', Outback or Chili's? I will still enjoy my iced tea.
I don't know if Mr. Rayburn is a simply mental midget, naive or seeking the publicity. But regardless, put your signs up, and kiss these $$$$ good bye.
I would suggest the smart merchants will take a wait & see attitude, and when seeing that nothing traumatic occurs, will enjoy their good business from supportive and loyal patrons.

By: Cookie47 on 6/30/09 at 11:31

Darwood wrote: "There's a lot more than 200,000 people in this city who don't feel so scared we have to carry a gun everywhere just to feel tough, and we will not be eating anywhere that let's guns on their property."

I'm getting more than a little tired of anti-gunners that have no idea what they're talking about. HCP holders, including myself, do NOT carry because we're scared nor wish to feel tough. It's a hell of a big responsibility one assumes when they LEGALLY strap on a weapon, one that we DO NOT take lightly.

We do not wish to play cop and have the up most respect for LEOs. My son-in-law is a Metro officer. He encouraged me to get my permit.

I can assure you HCP holders have a hell of a lot more training and practice time at the range than the thug you obviously have no problem sitting next to at your favorite restaurant.

Each and every one of us HCP holders have had background checks run on us by the FBI, the TBI, and the Tennessee Department of Safety. Knowing all this, the anti-gunners still choose to complain and moan about the HCP holder rather than the real criminals. You know, the moron that does have to have a gun to make himself/herself feel tough, couldn't care less about ending your life or mine, and couldn't get a permit because of his/her criminal record.

This I'll say to Darwood and all that are of the same mind:
I am a law-abiding, Tennessee Handgun Carry Permit holder and I do so to protect myself and my family. I LEGALLY carry a gun so get over it.

You'd be much better served in getting our legislature to pass tougher laws to combat the criminals rather than trying to make the law-abiding HCP holder out to be the bad guy. Get a grip. The HCP holders of this state are NOT the enemy.

Cookie47

By: PYRO on 6/30/09 at 11:39

Darwood lay off the peyote. We have been carrying our guns into restaurants that don't serve alcohol for years. Their insurance didn't, how do you say,"OMG THEIR INSURANCE WILL SKYROCKET AND THEY WILL NOT BE ABLE TO AFFORD DIAPERS FOR THE CHILDREN....IT'S FOR THE CHILDREN!" You and you lefty team lost. Take it like a normal socialist and go post with your friends on the dipshitcraticunderground about how your glad you get to watch Obama talk EVERY DAY about some stupid idea he and his sheep have.

By: PYRO on 6/30/09 at 11:43

I am glad to see these "Restaurateurs" waste their money on a high price lawyer. To bad the city has to pay for the idiots to spew their ignorant propaganda at a judge.

By: idgaf on 7/1/09 at 5:13

I don't carry but I will not patronized a resturant that posts signs barring LEGAL guns.

Nor will I vote for any idiot city council person that votes to ban guns in parks.

By: idgaf on 7/1/09 at 5:15

Suggestion. If you do decide not to patronize these people do let them know how much business they lost over that sign.

By: Kosh III on 7/1/09 at 8:02

rcotoy said:

"So help me understand why Cracker Barrel, Shoney's, and every fast food restaurant in the state has been successful at serving us law abiding concealed carrying folks without a single incidence."

Which proves that restaurants are safe and not filled with criminal thugs ready to shoot up the place.

Please show clear and convincing evidence of how unsafe and dangerous it is to patronize these places.

The only danger from Applesbees are the loud and unruly kids that YOU FOLKS won't discipline. Maybe you can help me out and shoot the next rugrat that screams in my ear and throws food on the floor.

By: Kosh III on 7/1/09 at 8:11

cookie said:
"You'd be much better served in getting our legislature to pass tougher laws to combat the criminals rather than trying to make the law-abiding HCP holder out to be the bad guy. Get a grip. The HCP holders of this state are NOT the enemy."

They should focus on crooks but they were too busy sucking up to the NRA, too busy passing abortion amendments that change nothing, and too busy remodeling their offices to bother with important stuff like criminals and the crumbling economy plundered and ruined by Bush and the Republicans.

By: joeboone82 on 7/1/09 at 8:25

This guy is ridiculous. They already stated that if the owners do not want guns in their establishment to post a sign. THAT IS ALL THEY HAVE TO DO. Why are they fighting this? Maybe it's an attempt to salvage business from HCP holders, because they will lose business from those who carry by not allowing them inside. Now fighting the new law, they've lost those customers anyways. They should throw this out within 10 mins saying "if you dont want the guns allowed in, post a sign; case solved"

By: Cookie47 on 7/1/09 at 8:28

Kosh III

I guess you would have us all believe you were the perfect baby. The only way YOU didn't scream and throw food on the floor is if you were bound and gagged while your parents ate. Maybe you were and that's why you're such a immature jackass now.

The really scary part of your post is that you're advocating the shooting of babies. You're probably an advocate for late-term abortion as well. YOU obviously don't have kids and hopefully YOU never will as YOU obviously don't have the maturity and parenting skills to deal with them properly. The real shame of it is your parents didn't chose abortion.

Due to your lack of a coherent thought, immaturity, and stupidity, you should loose your posting privileges. Good Lord, grow up!!! You're advocating the shooting of babies but you think HCP holders are crazy? Get a grip and get help SOON!!!

Cookie47

By: Cookie47 on 7/1/09 at 8:33

Kosh III,

Buddy, you either need to cut back on the caffeine or hit yourself in the head with a baseball bat REAL hard. Obviously you hate everybody including yourself and babies.

Cookie47

By: DARWOOD on 7/1/09 at 8:33

'i am not a liberal, just someone who believes people sometimes act stupid when they drink. They could act stupid and anger someone who is packing a gun legally. This is not a good mixture: having more guns around alcohol. The other problem with this law has been well documented here: the restaurants/bars are now being forced to choose sides in a fight they never asked for. This will have a very negative affect on their business wheter they allow guns or not. If they do, many people who otherwise would have patronized their establisment will no longer go there. If they don't, many gun owners will protest them. Just one more issue to divide us, that was not an issue for the first 50 years of my life. I have never owned a gun, although it's fine if people want to, and I am still here. So many people seem to think if you don't carry a gun that someone is just waiting to kill you everywhere and the only thing protecting you is a gun.

By: Kosh III on 7/1/09 at 8:37

cookie obviously cannot recognize sarcasm but has a fondness for name calling and advocating for abortion.

And yes, I was a perfect child, with cute and adorable curly blonde hair. :)

By: Kosh III on 7/1/09 at 8:39

Interesting how cookie focuses on name calling and sarcastic comments but refuses to answer the serious question: "Please show clear and convincing evidence of how unsafe and dangerous it is to patronize these places."

By: Cookie47 on 7/1/09 at 8:41

By: Kosh III on 7/1/09 at 8:37

cookie obviously cannot recognize sarcasm but has a fondness for name calling and advocating for abortion.

And yes, I was a perfect child, with cute and adorable curly blonde hair. :)
___________________

Sarcasm is one thing but your statement about shooting babies was way over the top.

As for you being the perfect baby, your parents may have a differing opinion on that.

Cookie47

By: Cookie47 on 7/1/09 at 8:56

By: Kosh III on 7/1/09 at 8:39

Interesting how cookie focuses on name calling and sarcastic comments but refuses to answer the serious question: "Please show clear and convincing evidence of how unsafe and dangerous it is to patronize these places."
___________________________

Resident Fires Back During Overnight Home Invasion - News Channel 5

Police Search For Suspect In Violent Sex Crimes - News Channel 5

Man stabbed during confrontation with would-be burglars - WKRN

Gunman On The Loose After East Nashville Shooting - News Channel 5

These are but a few reasons I choose to carry ALL THE TIME including when I'm sitting in the next booth from you in a restaurant. Face it. You lost on this one. You lost all credibility with me with your sick sarcasm about shooting babies.

Cookie47

By: Kosh III on 7/1/09 at 9:35

Cookie
4 non-restaurant incidents are not much. The topic is RESTAURANTS.

And saying I should have been aborted is somehow making you superior?

By: Cookie47 on 7/1/09 at 9:55

By: Kosh III on 7/1/09 at 9:35

Cookie
4 non-restaurant incidents are not much. The topic is RESTAURANTS.

And saying I should have been aborted is somehow making you superior?
____________________________

As stated, those are just a few incidents as to why I choose to carry ALL the time including in a restaurant whether anti-gunners like it or not.

My abortion comment was in response to your sick sarcasm about shooting babies in restaurants. My comment might have been AT the top but certainly not OVER it like yours.

I have a 14-month old son who gets noisy and sometimes throws food on the floor in restaurants. We try to go to kid-friendly restaurants but, when that happens, we show patience and TELL him to be quiet or stop him from throwing food. We're not going to spank my son to make someone in the next booth feel better. Your stupid sarcasm hit way too close to home, Kosh.

Cookie47

By: Nikki2009 on 7/1/09 at 4:01

By: Kosh III on 7/1/09 at 8:39
Interesting how cookie focuses on name calling and sarcastic comments but refuses to answer the serious question: "Please show clear and convincing evidence of how unsafe and dangerous it is to patronize these places."
__________________________________________________________________

So do you remember last year when the guy was stabbed in O'Charley's in Antioch trying to protect someone else. Or how about the time Level 88 Jazz Bistro (now closed) was shot up by thugs for no apparent reason? Here are two incidents in restaurants, not bars, where thugs ruled the day.

I don't think Cookie was saying that is is dangerous to patronize these places, just like no one is saying that is dangerous to go grocery shopping or for a walk in your neighborhood. What people are saying is that we have been given our right to bear arms, yet we have to decide everyday where we are going because we may not be able to carry there.

If restaurants don't want me or the 200,000 other law abidding HCP holders to carry in their establishments then all they have to do is post the sign (believe me we look for them). Hickory Hollow Mall has as well as other businesses. HCP holders have far more to lose than just our right to carry. Mr. Rayburn just does not need to make everyone conform to his views. This is not a "all or none" situation!

By: DARWOOD on 7/1/09 at 4:04

I just want to make one last comment. I probably shouldn't have said that about being tough, I was just shooting off at the mouth. But to Dick, what are you talking about taxes, county coffers, etc. I thought this was a gun article. We have become so polarized in this country that people don't care if rules are good/bad, they just want it to anger the other half of the electorate. So many people want to rule out of spite.People need to start thinking for themselves and not just a political party. I am concerned about firearms being around alcohol, I am not crazy, naive or whatever childish names people want to call me. For all of my life, the two have always been seperated. Now people want to change that. I am also concerned that businesses will not want to open new restaurants in this state, how do you think that will affect the revenues for the local govt's? Remember, neither party can be considered a success, they are both just politicians.