Do you like the new EPA regs that will raise your electric bill and cost jobs? If so, thank your councilman.

Do you approve of the new EPA regulations, that were not authorized by Congress, that applies to existing power plants, that will drive up electric bills, cost the economy about 200,000 jobs and do virtually nothing to curtail global warming? If you do, then give a big shout-out to your locally elected Council member.

On November 12, 2012, the Metro Council unanimously passed RESOLUTION NO. RS2012-478, which put the Council on record:

• "as supporting the reduction of greenhouse gas pollution under the Environmental Protection Agency Clean Air Act," 
• " as noting that climate change is not an abstract problem for the future or one that will only affect far-distant places, but rather climate change is happening now, we are contributing to it, and the longer we wait to act, the more we lose and the more difficult the problem will be to solve." and, 
• urging "the administrator of the Environmental Protection Agency, Lisa P. Jackson, and President Barack Obama to move swiftly to fully employ and enforce the Clean Air Act to do our part to reduce carbon in our atmosphere to no more than 350 parts per million." 

This was not a contentious piece of legislation that barely passed the council. Every member present voted for it. Robert Duvall voted for it. Duane Dominy voted for it. Carter Todd voted for it. Davette Blalock not only voted for it, she co-sponsored it. Charlie Tygard voted for it. Phil Clairborne voted for it. Karen Bennett voted for it. Tony Tennpenny voted for it.

In their wisdom the Council declared that no more than 350 parts per million was the right amount of carbon the atmosphere could tolerate. Not 325 parts per million or 375 parts per million, but 350. We have some really smart councilman to figure that out. Also, the Council didn't ask for a cost benefit analysis to determine the incremental cost of hitting that magic number. The cost be damned; just do it. This bill was part of a nation wide effort to get local governments across the nation to push the Obama administration to impose the regulation that were just recently propagated. Locally it was promoted by Vanderbilt University environmental activist.

I hope that in the future we will elect some Republicans to the Council who are at least as conservative as Lamar Alexander and Bob Corker. It would be nice if we had some conservatives on the Council.

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Council members, including Tim Garrett and Davette Blalock, seek study of same-sex benefits for Metro employees

The Tennessean, Oct.3 - Twenty-six of 40 council members, including 2015 mayoral candidate Megan Barry, signed a letter that was delivered to Dean’s office Wednesday afternoon. It asked the mayor to appoint a “study and formulating committee” to “consider the provision of domestic partner benefits for Metro employees and to make the appropriate recommendations to the Metropolitan Employee Benefit Board.” (read more)

To see who signed the letter follow this link. Some of the signatures are not decipherable, but among those who signed, who we may sometimes think of as conservative members of the council, are Democrat Tim Garrett and Republican Davette Blalock.

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The audacity to charge a lower price

Irrational municipal laws pull wool over our eyes 
by Richard J. Grant, The Tennessean, April 29, 2012

City laws to regulate private transportation services and to enforce price fixing are an example of unnecessary laws that lead to even worse government intrusions.

Agencies looking for reasons to exist love regulations such as the ordinance passed in Nashville two years ago that requires limousine operators to charge their customers a minimum price of $45 per trip. Now inspectors from Nashville's Metropolitan Transportation Licensing Commission (MTLC) have an excuse for running sting operations to catch those limousine operators that have the audacity to charge their customers lower prices. (link)

I am pleased to see Mr. Grant editorialize on this issue. It has been very frustrating to me that in June 2010 when the limo price fixing bill was passed that not a single council member objected. Even the outspoken self-indentified conservatives in the Council either supported the bill or allowed it to slip through unnoticed.  Since that time, there has been an attempt to repeal the bill. The effort was led by Council Member Davette Blalock.  Unfortunately, knowing she did not have the votes to pass it, she indefinitely deferred  her bill. A head count prior to the vote indicated the vote would have been close but  would have failed, so almost, but not quit half, of the Council were willing to undo the price fixing they or their predecessor had supported in the previous council.

It is a shame that, that vote did not take place.  The only member of the Council on record as opposing price-fixing is Davette Blalock.  I would like to know who supports markets and free enterprise and who supports protecting the well-connected from competition.  It really is that simple. I would hope that Blalock would revive her bill and force the council to take a stand.

I appreciate the Tennessean's coverage of this issue. I have reported on this issue extensively in this blog. Metro's price fixing is being challenged in Federal Court and very well may be ruled unconstitutional. To read about the court case, to read the court opinion, to read the George Will editorial on the issue, the Huffington Post coverage, see video, learn more about how the Metro Transportation Licensing Commission conspires to protect the established firms from competition  and to be brought up to date on how the TLC inspectors have been impersonating police officers and harassing and intimidating those service providers with the audacity to try to compete with the well-established, well-connected transportation companies, follow this link. 

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Davette Blalock: " I am sticking to my guns."

Davette Blalock

Davette Blalock, the sponsor of the legislation in the Metro Council which would undo Metro's limousine price fixing bill designed to protect the established luxury limousine companies, has agreed to defer the bill thirty days. 

"I was asked to defer this because several people wanted to make other limo changes and the council wanted it all on one bill," said Davette.  "The Budget and Finance Committee was going to defer it if I didn't.  So, I am sticking to my guns but I will give them another 30 days to figure out what else is wrong with the current legislation."

 While I am disappointed to see the bill deferred, this is not necessarily bad news. At least the bill has not been killed. In speaking with Davette, she told me that none of those calling for a deferral said they were against the bill, they just wanted more study and input. While I have been a cheerleader for this bill because it would essentially undo the limousine price-fixing imposed in a June 2010 bill passed by the Council, I myself do not think BL 2011-49 is a perfect bill.  I would prefer a bill that went further in deregulating taxi and limousine service.  There are several aspects of the bill I do not like, but have been supporting it because it much, much better than what we have.  One council member I spoke to said she was opposed to the bill because it did not go far enough. Maybe, even a better bill will emerge.

I think Davette had no choice but to defer the bill.  To go against a Committee's recommendation to defer and push for approval would have most likely led to the council following the recommendation of the Committees and deferring anyway. With a forty member council, the council has to have a strong committee system and individual Council Members have to respect that system. 

Davette said that some time in early January, there would be a public meeting to gather input from other interested parties. Please do not let down your guard. Please push your council member to support this bill or a modified version of this bill that is even better. It is simply wrong for Metro government to act in the interest of the luxury limousine providers and protect them from competition.

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Nashville GOP Supports Ending Price Fixing for Limousine Services

Davette Blalock

Nashville, TN --- Metro Councilwoman Davette Blalock has introduced an ordinance (BL20ll-49) to undo the price fixing of limousine and sedan services in Nashville. The ordinance is set for a second reading this Tuesday evening.

In June 2010 the Nashville Metropolitan City Council passed legislation raising the minimum fee for limo and sedan rentals from $25 to $45. Drivers are prohibited by law from charging less. Further, new regulations forbid limousine firms from using leased vehicles, require the dispatch of cars from the place of business only, compel companies to wait 15 minutes before client pick-up, and ban parking in front of hotels and bars to wait for clients. More laws set to take effect in January 2012 will require companies to replace all sedans and SUVs over seven-years-old, and all limos 10-years-old and older. Vehicles older than five years may not enter into service.

Passed as an act of consumer protection, the resulting laws allow a significant advantage to larger, existing companies over smaller firms. Additionally, it may become prohibitive for new companies to enter the market.

Kathleen Starnes

Davidson County Republican Party Chairwoman, Kathleen Starnes, has released a statement in support of BL20ll-49. "We must let the city and members of the council know that, in accordance with our Core Values, the Davidson County Republican Party 'supports the free enterprise system as the primary way to grow the economy, provide jobs and encourage the creative power of the individual.' We proudly support limited government with less intrusion into the private affairs of individuals and business."

A Resolution in Support of BL2011-49

Whereas, in June 2010 the Nashville Metropolitan City Council passed legislation setting a minimum fee of $45 for limousine service, and;

Whereas, a publicly stated “Core Value” of the Davidson County Republican Party is, “We support the free enterprise system as the primary way to grow the economy, provide jobs and encourage the creative power of the individual,” and;

Whereas, another Core Value states, “We support limited government with less intrusion into the private affairs of individuals and business.” and;

Whereas, price fixing is contrary to the above stated Core Values, and;

Whereas, there is pending in the Metro Council a bill (BL2011-49) which would amend the Metro Code to remove the price fixing aspect of the regulation of limousine service,

We the Davidson County Republican Party urge the Metropolitan Council of Nashville and Davidson County to pass BL20ll-49 and furthermore, we urge the Council to in the future avoid legislation, the effect of which is to restrict or curtail competition.

FOR MORE INFORMATION, VISIT http://davidsoncountygop.org/

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What to Watch for in the December 20th Council Meeting, updated

 Undoing Limo Price-fixing, Beer Permits, subsidizing LifePoints move

The Metro Council meeting agenda and analysis is now available. You can find the agenda and analysis here:  Metro Council Agenda, Council Analysis.   The council meetings are more interesting if you have both. However, I watch the council meetings so you don't have to so look for my highlights of the meeting, following the Council meeting. Below is what I see as issue worth watching.

This biggest issue of the night will be  ORDINANCE NO. BL2011-49 by Council Member Blalock, which is on second reading.  This ordinance amends the Metro Code to remove the price fixing that was imposed in June 2010 when the Council passed Ordinance No. BL2010-685.  That bill imposed a minimum $45 fee for livery services, a prohibition on the use of leased vehicles, and age and mileage restrictions on vehicles. The effect of that ordinance was to protect the luxury limousine companies from competition from those providing economy limousine  service. Blalock's bill will remove the more odious elements of the June 2010 price fixing bill.

While our local press has given this issue little attention this case has been reported on nationally in an in depth piece in the Huffington Post.  A nationally acclaimed libertarian, civil liberties, public interest law firm has sued the city claiming constitutional violations of the rights of the economy limousine service providers. The way I see this bill, this is a fight between those who believe in free enterprise and those who advocate crony capitalism and protecting your friends from competition. I will be especially disappointed if the members of the Council who call themselves Republicans, many of whom I endorsed,  contributed money to, and worked the phone banks and the polls for, don't support this bill.

I have blogged extensively on this issue. To see YouTube clips, the Huffington Post piece and more, follow this link and then scroll down to see all post on this topic. 

Other issues:


RESOLUTION NOS. RS2011-111, RS2011-112 & RS2011-113  These three resolutions exempt specific restaurants from the minimum distance requirements for obtaining a beer permit. The Metro code prevents a beer permit from being issued to an establishment located within 100 feet of a church, school, park, daycare, or one or two family residence. However, the code was amended in September 2010 to exempt restaurants that already have a state on-premises liquor consumption license from Metro’s minimum distance requirements to obtain a beer permit upon the adoption of a resolution by the council. A public hearing must be held by the council prior to voting on these resolution. As nutty as it sounds, there are restaurants that can sell wine and hard alcohol but cannot sell beer. That is because Metro draws up the regulations for beer and the regulations governing the sale of liquor (which includes wine) is a state regulation. These hearing on this issue seem like a waste of time but they are required. I don't know what argument one would make that an establishment that can sell Jack Daniels should not be allowed to sale Bud Lite, but I bet someone will speak out against issuing beer permits to these establishments.

On the consent agenda is RESOLUTION NO. RS2011-59 which approves a contract between the Metropolitan board of health and Corinthian Missionary Baptist Church to upgrade the church’s kitchen facilities. The church is to receive $24,275 in federal stimulus pass-through funds under this contract. This use of public funds for improvements to a church's kitchen sounds like a misuse of funds to me, sort of like supporting the establishment of religion. By being on the consent agenda, someone has to ask for it to be removed and voted on separately or it gets lumped in with all the other non-controversial resolutions. Apparently there is no opposition to this bill, but if I was in the Council, I would have to vote against it. It will be interesting to see if there is not a single councilman who has a problem with this bill.

ORDINANCE NO. BL2011-58 on second reading exempts LifePoint Hospitals, Inc. from paying property taxes for moving from Brentwood to Nashville.  It is a lot more complicated than that however. See the analysis to know more. I certainly don't know enough about this to know if it is a good deal or not. Frankly, I wish cities were not able to offer these incentives. I hate it that we get in bidding wars to attract business, but we have to compete in the environment in which we are in. I hope the Budget and Finance Committee has a through exploration of this issue and it is given some serious debate. 

ORDINANCE NO. BL2011-60 on second reading is a routine ordinance that readopts the Metropolitan Code prepared by Municipal Code Corporation to include all ordinances enacted on or before August 16, 2011. This will be routine, but unfortunately this routine readopting of the code can be used to bury ordinances legally adopted by the Council and signed by the Mayor that someone wishes had never passed.  Ordinances can simply be left out of the code. I know this from experience. When I served in the Council, I got passed through the Council, after a long hard fight, a requirement that Metro Schools be periodically tested for radon and if radon in hazardous levels was discovered, for there to be radon abatement. Radon is a naturally occurring odorless gas that is the second leading cause of lung cancer and is most damaging to developing children. Due to the nature of limestone shale in this part of the country in which we live, radon is prevalent.  When the code was readopted, this requirement for Metro School radon testing and abatement was left out of the code and the law was ignored for about the next 20 years.  There is not a mechanism to insure that everything adopted into law gets in the code. There needs to be a procedure to insure that all laws make it into the code. I wish some councilman would take on this project.  To read more about how the Radon testing program was sabotaged by, read here.

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How Big Car Services Use Legislation to Drive Over Competition

by J. L. Green, December 8, 2011, The Huffington Post

NASHVILLE, Tenn.-- In June 2010 the Nashville Metropolitan City Council passed legislation raising the city's minimum fee for limo and sedan rentals, bumping it from $25 to $45. Drivers were prohibited by law from charging less. Other new regulations forbid limo companies from using leased vehicles, require cars to be dispatched only from the place of business, compel companies to wait 15 minutes before picking up a client, and ban parking in front of hotels and bars to wait for customers. More laws that take effect in January 2012 would also require companies to replace all sedans and SUVs over seven-years-old, and all limos 10-years-old and older. Vehicles older than five years cannot enter into service.

Passed under the guise of consumer protection, the net effect is to give large, existing car companies (also known as livery services) a huge advantage over smaller companies, and to effectively prevent any new companies from entering the market. Prior to the new laws, Tennesseans could purchase transportation from downtown Nashville to the airport in a limo or sedan for the same price as an average taxi ride. Nashville residents and visitors will now pay almost double for the same service. (link)

My Comments

This is an excellent article explaining how Nashville came to adopt price fixing for limousine services. Please read the whole article.

According to this story, the bill that fixed prices was actually written by Matthew Yorke, president of the Tennessee Livery Association and owner of Signature Transportation. In addition to Matthew Yorke, another player in the push to fix prices was Opryland Hotel which operates their own limousine service and the Nashville Chamber of Commerce.


In this article, Green says of the move to fix prices that, "It's a case of regulations actually costing jobs and driving up costs, just as Republicans charge they always do. But this time, the regulations are being pushed by the GOP's so-called "job creators," the new name given to big business."  I think Green is right. Many in big business do not really believe in free enterprise. They are not above using government to get or maintain an economic advantage. Much of the regulation of business is simply an effort to suppress competition and has little to do with health and safety. I also would not be surprised if the folks at Signature Limousine and Opryland and the Chamber are not indeed Republicans. 

Too often, Republicans and Democrats are indistinguishable when it come to who is willing to use government power to get an economic advantage. Party labels are often nothing but names used to identify members of your team. Many seem to view politics as a chance to help your friends and Republicans help other Republicans and Democrats help other Democrats. Republicans are often just as guilty as Democrats of using regulation or eminent domain or awarding of contracts to benefit their business or institution or friends. 

When I first posted on this topic some moths ago, an anonymous person left a comment that said, "HAHA! A disgruntled Republican! Step into Mr. Bokhari's office and you will see a life size photo of President Obama."

Mr. Bokhari, who I have never met, is an owner of an economy limousine service and leader in the effort to overturn Nashville's limousine price fixing. I have no idea if it is true or not that he has a life size photo of President Obama in his office but it is irrelevant. I take position on issues because of my values not because the affected party is a Democrat or a Republican.

While the article tells how the price fixing bill was pushed through Council, the article credits Councilman Eric Crafton and Councilman Sean McGuire for last year trying unsuccessfully to repeal the price fixing bill. The story does not report that the issue is now back on the Metro Council agenda. Sponsored by Council member Blalock, Council bill BL2011-49 would repeal the limo price fixing bill and establish new limousine regulations devoid of the price fixing feature.

Last Tuesday the Council voted to defer BL2011-49. I don't know what is going on behind the scene with this bill. I don't know if the "fat cats" at Opryland and the Chamber who can make nice campaign contributions are twisting arms or not but it is not a good sign when a bill is deferred. If will be a shame if Council fails to undo their imposition of limousine price fixing. I was very disappointing that in June 2010 when Council imposed limousine price fixing that not a single member of the Council who identify themselves as conservative or Republican opposed it. I still wonder how it can happen that not a single member of the council looked at the bill and said, price fixing is contrary to my principles.

Perhaps many on the Council did not really know that the regulations they were adopting was price fixing. If an individual Council member was not on one of the committees that considered the bill, they may very well not have known the impact of the bill. Perhaps also they did not know their was any opposition to the bill. This time however, there are no excuses.

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The Nashville Business Coalition Metro Council endorsements

The Nashville Business Coalition has announced its support for candidates in the Aug. 4 election. Below are the NBC endorsements. I have highlighted some of favorites in red.

District 1: Lonnell Matthews
District 2: Frank Harrison
District 3: Walter Hunt
District 4: Brady Banks
District 5: Scott Davis
District 6: Hans Schmidt and Dave Rich
District 7: Anthony Davis
District 9: Bill Pridemore
District 10: Doug Pardue
District 11: Darren Jernigan
District 12: Steve Glover
District 13: Josh Stites
District 14: Robert “Bob” Budesa
District 15: Phil Claiborne
District 16: Anna Page
District 17: Sandra Moore
District 18: David Glasgow and Burkley Allen
District 19: Erica Gilmore and Curt Wallen
District 20: Buddy Baker
District 21: Edith Langster
District 22: Sheri Weiner and Seannalyn Brandmeir
District 24: Sarah Lodge Tally
District 25: Sean McGuire
District 26: Brock Parks
District 27: Davette Blalock
District 28: Tanaka Vercher
District 29: Karen Johnson
District 30: Jim Hodge
District 32: Jacobia Dowell
District 33: Page Turner
District 34: Carter Todd
At Large: Tim Garrett, Megan Barry, Ronnie Steine, Charlie Tygard, Jerry Maynard and Renard Francois
Vice Mayor: Diane Neighbors
Mayor: Karl Dean

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Gay publication, Out and About, endorses candidates

Below are the endorsement of the homosexual publication Out and About and some of the commentary that accompanied the endorsements. This is a good list of people to vote against with the exception of Glover, Evans, Blalock, and maybe Holleman, who despite the endorsement of Out and About are worthy of support. Even a stopped watch is right twice a day. Even a blind pig occasionally finds an acorn.

Those highlighted in red are good candidates disliked by Out and About who are very much worthy of our support.

Mayor: Karl Dean
Mayor Dean has supported and signed two non-discrimination ordinances and directed his administration to lobby actively against HB600, a state law that eventually nullified Metro’s 2011 contractor non-discrimination ordinance. At this year’s Pride, he told the crowd, “We’re with you,” and he has consistently demonstrated his support.

Vice Mayor: Diane Neighbors
Vice Mayor Neighbors has not had to cast any controversial tie-breaking votes on equal rights ordinances, but her inclusive outreach to our community is always appreciated. Last year, she was the keynote speaker at the Tennessee Transgender Political Coalition’s dinner.


Council Members At-Large: Megan Barry, Jerry Maynard, Ronnie Steine, Vivian Wilhoite, Sam Coleman. Barry, Steine, and Maynard were all sponsors of the 2009 non-discrimination ordinance. In addition, Barry and Steine were cosponsors of the 2011 CAN DO law.

District 1: Lonnell Matthews.  Councilman Matthews was a sponsor of the 2009 NDO and voted for   CAN DO.

District 2: Frank Harrison. Councilman Harrison voted for the NDO and CAN DO.

District 3: No endorsement. Incumbent Councilman Hunt is unopposed and abstained on third reading of CAN DO

District 4:  Brady Banks. 

District 5: Scott Davis.

District 6: Peter Westerholm. He has been the public policy chair for the Tennessee Equality Project. He is the embodiment of an ally.

District 7: Anthony Davis. Current District 7 Councilman Eric Cole will be hard to replace, but Davis’s business endorsed CAN DO and his guest editorial in the Tennessean in support of the ordinance showed equality is one of his core commitments.

District 8: Van Reece. She has been active in support of our community organizations for years. Her opponent, incumbent Karen Bennett, voted against the CAN DO law on third reading.

District 9: No endorsement. Candidate Bill Pridemore is unopposed.

District 10: No endorsement


District 11: Darren Jernigan. Voted for the NDO and CAN DO. He is opposed by a socially conservative candidate.

District 12: Steve Glover. Said to be conservative, Glover nevertheless voted for inclusive non-discrimination policies for Metro teachers and students as a school board member. He is unopposed.

District 13: Marilyn Robinson. 

District 14: No endorsement, but a recommendation.Councilman Bruce Stanley did not vote in favor of the NDO or CAN DO, but his opponent is reported to be more socially conservative. Stanley did support Councilwoman Barry’s resolution opposing HB600, though. For that reason, we recommend a vote for Stanley.

District 15: No endorsement.  Councilman Phil Claiborne is unfortunately unopposed. He spoke and voted against the NDO and CAN DO. If you live in this district, consider writing in your own name.

District 16: Anna Page. Councilwoman Page supported both the NDO and CAN DO.

District 17: Sandra Moore. Councilwoman Moore supported both the NDO and CAN DO

District 18: David Glasgow. He has been an active supporter of our community for a number of years.

District 19: Erica Gilmore. She has a perfect voting record on equality ordinances and was a sponsor of CAN DO. She is a plaintiff in the suit to overturn HB600.

District 20: Buddy Baker. Councilman Baker was a sponsor of the NDO and voted for CAN DO. He has the distinction of being, as far as we know, the only Council Member who is a parent of a gay child, a son who was tragically lost to HIV/AIDS. As well as his long history with his West Nashville district, he has a perspective that we need on Council.

District 21: Edith Taylor Langster. Councilwoman Langster voted for the NDO and CAN DO. She is unopposed.

District 22: Seanna Brandmeier. A former executive director of the Davidson Co Democratic Party, Brandmeier has received a warm reception from members of our community who have already volunteered in her campaign. Her openness will be a welcome change from Councilman Eric Crafton who currently holds the seat.

District 23: Emily Evans. Councilwoman Evans voted for the NDO and CAN DO despite the fact that socially conservative organizations targeted her vote during the discussion of both ordinances.


District 24: Councilman Jason Holleman. Voted for the NDO and CAN DO.

District 25: Sean McGuire. A sponsor of the NDO and voted for CAN DO.

District 26: Chris Harmon. Harmon has reached out to our community.

District 27: Davette Blalock. Blalock has reached out to our community.

District 28: Tanaka Vercher.

District 29: Karen Johnson. As a school board member, Johnson voted for inclusive non-discrimination policies for Metro teachers and students.

District 30: No endorsement. Incumbent Jim Hodge fiercely opposed the NDO and CAN DO. His opponent Jason Potts is reportedly as socially conservative.

District 31: Fabian Bedne. When he was president of the Middle TN Hispanic Democrats, Bedne led the organization to endorse the NDO.

District 32: Markeith Braden. Supportive of CAN DO and reaching out to the community when the bill passed Metro Council.

District 33:  Page Turner. Turner has the best chance of defeating incumbent Robert Duvall who aggressively opposed the NDO and CAN DO.

District 34: No endorsement. Councilman Todd voted for the NDO

District 35: Bo Mitchell.  Councilman Mitchell voted for the NDO and for CAN DO.

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