By the City Council, greetings be it hereby known that Pastor Bishop Lynnwood Elijah Diller Jr.

of Citadel Deliverance Church and recognition of a life of exemplary qualities, outstanding service to the city, and his involvement in humanitarian affairs and demonstrated concern for governmental process has been appointed the chaplain of the day by the Memphis City Council and is hereby entitled to all of the honors, the rights, the privileges and prerogatives appertaining to this office and to the display of the certificate given under the great seal of the city of Memphis on this 14th day of April by myself, Janet Swearing Washington, Chairwoman of the Memphis City Council.

We're so proud of you and thank you for all that you do for our community.

Madam Council, would you please call the roll?

Thank you.

Councilmember Canale Carlisle Cooper Sutton, Easter Thomas, Ford, Green, Logan, Smiley, Spinoza Walker, present.

Warren White.

Chairwoman Swearing Washington.

Present.

Madam Chair, you have a quorum.

Thank you, Madam Comptroller.

Councilman Canale, you have the floor.

Madam Chair, I would like to remove item number sixteen from our previous meeting minutes and move for reconsideration.

Objection for me.

Okay, you've made a motion.

Do you have a second?

Madam Chairwoman, I'm going to have to uh record this manually right now while we work out a technical issue.

Yes, ma'am.

All right.

Ford Canale, you've made the motion.

Do we have a second?

Is that on our I just want to make sure that I'm seconding the right?

I'm I'll make the second.

No, no, no.

No, thank you.

This is the reconsideration.

Oh, to the abstraction or he wants to remove it.

Am I right?

Oh, yes, second.

Second.

Second month.

Okay.

All right, let's do a vote on it.

Do a roll call for the vote.

We're gonna do a roll call vote while our technicians adjust our computers so they will work.

So this item was moved by Canale and second by Cooper Sutton is to remove item number sixteen.

Yes.

Councilmember Canale, your vote.

Yes.

Carlisle, not present.

I'm right here.

Aye.

Aye, thank you.

Cooper Sutton.

Yes.

Easter Thomas.

To remove item 16.

Thank you.

Green.

No.

Logan.

Smiley?

No.

Spinoza?

Walker.

No.

Warren.

White.

Yes.

Chairwoman Swearing Washington.

No.

I have one, two, three.

Pardon me, sir.

I have one, two, three, four, five yeses, and one, two, three, four, five, no's.

Motion fails.

Then motion fails.

Madam Madam Chairman, I have a point of parliamentary inquiry for attorney wade, just on procedure now.

I just need I guess on procedure.

Can we move forward with that?

I guess we'll just let the I guess now it's just what happens, happens.

To to remove an item, you need seven votes per Roberts Rules of Order.

Vote you need a majority.

But for it to put it in the middle of the case.

But it doesn't matter.

Yeah, I realize my question is gonna get worked out after the fact.

So I'll get I'll get with you after.

Yes, sir.

Thank you.

All right.

I believe Vice Chairman Carlisle has read the minutes for the March 24th meeting.

Madam Chairman, I apologize.

I have not read the minutes of submitted since you I could defer to my colleague uh Councilman Canale, I'd appreciate that the help.

Yes, madam chair.

I've read the uh meeting minutes for them to be in order and move for their adoption.

It has been moved by Councilman Ford.

Gonna get a second.

Second.

It's been second by Councilman Smiley.

Madam Controller, if you will please conduct a roll call vote to approve the minutes for the March 24, 2026 meeting.

Thank you.

Councilmember Canale.

Councilmember Carlisle.

Cooper Sutton.

Easter Thomas.

Ford for the minutes, please.

Green.

Logan.

Smiley.

Yes.

Spinoza.

Walker.

Yes.

Warren, not present.

White.

No.

Chairwoman Swearing Washington for the minutes.

Ms.

Allen.

Yes.

No, sir.

Yes or minutes.

No.

Your minutes pass.

Okay.

That item passes.

Welcome to the April 14th, 2026 regular meeting of the Memphis City Council.

Meetings of the council shall be conducted in an orderly manner to ensure the public has the full opportunity to be heard and the deliberate process of the council is retained at all times.

Our council staff member has meeting agendas available up front, as well as comment request cards from members of the public wishing to be heard on a specific item.

All those wishing to speak on an item must turn in their comment card to staff before the item is called.

If you are not here to speak on a specific item, you can note your request to give general comment at the end of the meeting.

As chair, I will only recognize citizens that properly register to speak by submitting a completed comment request card to council staff.

We have some holes.

Madam Controller, if you will please call item number one for our presentations.

Thank you.

Item number one is a resolution approving an honorary street name change on Decatur Street between Valentine Avenue and Jackson Avenue for Gladys Ann Hunt Sawyer, District 7, Super District 8.

This resolution is sponsored by Councilwoman Walker.

Councilwoman Walker, you are recognized.

So I I had said earlier in committee that my analyst Alison Smith, she took a woman's life that was biggest is building, and she got it down on this paper.

Um I met Ms.

Sawyer about 20 years ago as a hair client, and um she really poured into me.

She became a client and then a mentor and a friend.

And part of who I am when I show up to these meetings is because of the influence and impact that she had on my life, and she was just such an amazing woman, she poured into me and she poured into my son, and she supported me professionally and personally, and I just I'm really glad that I could do something like this for her.

Memphis City Council resolution, whereas when worthy circumstances arise, the Memphis City Council has seen fit to name certain public roads in honor of citizens who have served this community and the life legacy and contributions of Gladys Ann Hunter Sawyer.

Born in Memphis, Tennessee on May 12th, 1949, was a devoted daughter, wife, mother, family member, and mentor whose life reflected leadership, philanthropy, service, and distinction.

And whereas Gladys Sawyer attended Memphis State University, and due to her beauty, popularity and scholarship, she was crowned the first Miss Black Memphis State, and became a member of Alpha Kappa Alpha Sorority Incorporated, later earning her bachelor's degree from Roosevelt University, and whereas Gladys Sawyer was a visionary, entrepreneur, and leader, owning cooking with GAS Catering, co-owning the North Shore Examiner and publishing Brides Today, the first bridal magazine targeted to women of color, as well as a creative homemaker who was quite the hostess for any occasion.

Whereas Gladys Ann Sawyer served as a senior marketing manager for Nutra Suite and later as Vice President of Trust Marketing, earning recognition for her leadership, and in 2001 founded Hunter Greenfields, also known as HGF, Incorporated, a marketing and project management firm serving governmental and nonprofit agencies across the nation.

And whereas Gladys Sawyer was deeply committed to community service, serving on the boards of the women's foundation of Greater Memphis and Girls Inc.

of Greater Memphis, and as a member of the Lynx Incorporated, and whereas Gladys Ann Hunter Sawyer was a devoted wife to her husband, Andrew Benjamin Sawyer Jr., a proud mother to her son, Michael Anthony Hooks Jr., and to her daughter, Tamara Ashley Sawyer, and a cherished grandmother lovingly called Nana.

And whereas Gladys Ann Hunter's life was marked by generosity, excellence, and a belief that to whom much is given, much is required.

And whereas the Memphis City Council wishes to honor Gladys Ann Hunter Sawyer for her extraordinary life and lasting impact on the city of Memphis.

Now, therefore be it resolved that the Memphis City Council deems it fitting and proper that Decatur Street between Valentine Avenue and Jackson Avenue be designated and forever remembered as Gladys Ann Sawyer Street.

Be it further resolved that the Cindy City Engineer is requested to fix suitable signs to designated such public road in honor of Gladys Ann Hunter Sawyer for her commitment and contribution to the city of Memphis, given by my hand under this great seal of the city of Memphis on this 14th day of April 2026, signed yours truly, Memphis City Council Woman District Three, and I so move.

Good afternoon, City Council.

Thank you so much first to Councilwoman Pearl Walker and to all council members who have supported this.

She was also a member of the Memphis State 109, where she served as their secretary, where 109 students were arrested for locking themselves in the provost office and campaigning for equal facilities and equal access for black students at Memphis State University.

So I have with me family and friends who loved my mother on behalf of my brother Michael Hooks Jr.

and my father Andrew Sawyer, who cannot be here today.

We are very grateful.

My mother did raise us to believe that to whom much is given, much is required.

And she also taught us to always use our voice and to fight for what we believe in.

She was an activist, she was a writer, she raised children, she raised adults.

Everyone that you see standing here, my mother had a huge impact on.

She was very well known for her red pen.

I don't think there's anyone standing behind me who's never had a document, whether it was just a simple invite to a cookout edited by my mother.

She was a link, she was an AKA, and she was a believer that we have a beautiful home, a beautiful city for which we have to continue to fight for.

When I told my parents that I was running for office, my mother said that she felt she had given the community enough, and she didn't want to give the community her only daughter.

But then she reconsidered that my brother had also served this city, and she realized that she could not ignore the fact that her children were walking in her footsteps.

That's why I use my whole name on my offices because she did name me Tamara Ashley Sawyer and she named him Michael Anthony Hooks Jr.

And we proudly stand and are very grateful that one day my nieces, her grandchildren will drive down Jackson Avenue and be able to see the exact home where their grandmother was born and know that they are a legacy of people who advocate for justice, much like a lot of the people sitting behind us today.

Thank you.

Thank you.

Congratulations.

Please show by acclamation that that has been approved.

Madam Comptroller, if you will call, please call item number two.

Item number two is appeal of Quint's liquor to LLC, Memphis Alcohol Commission Matter T three six four one three, file pursuant to four-three and four-twel of the City of Memphis Code of Ordinances required by ordinance.

This was held from March 24th.

Thank you, Madam Comptroller.

Attorney Wade, you're recognized.

Thank you, uh Madam Chairman.

Um I believe a representative of the alcohol commission here is to give us a staff report of the status of this matter before we hear from the appellate.

All right, if you'll give us your name for the record and you may proceed.

Someone will left their phone.

Oh, yes, sir.

You'll give us your name for the record and you may proceed.

Good afternoon.

My name is Will Podesta.

I'm with the law firm of Lewis Thomason here on behalf of the Memphis Alcohol Commission to give uh sort of a report and history of how this appeal came before the Memphis City Council.

Uh the applicant submitted an application for uh their liquor store on December the 15th of 2025.

Uh along with that application were three surveys uh conducted by professional engineers.

These surveys, all the surveys show that there is residential property that is zoned R6 within 200 feet of the proposed location of this liquor store.

Uh pursuant to section 4-5 of the 1985 code of ordinances, uh liquor store cannot be located within 200 feet of property that is zoned R6.

The uh application was considered at a meeting of the Memphis Alcohol Commission on January the 7th of 2026.

At this meeting, the commissioners looked to the application and the surveys submitted with it uh and observed that there was property zoned R6 within 200 feet of the proposed location of this liquor store.

Um the attorney for the applicants uh acknowledged that the surveys showed this, however, uh it was his position that there were uh according to the narrative on the survey, there were no actual residences within 200 feet.

Uh the Memphis Alcohol Commission looked to the language of the ordinance uh saying no property zoned R6 can be within 200 feet of the liquor store uh and declined the issuance of the certificate of uh compliance on that basis.

Um and so that was all the proof submitted at at the alcohol commission meeting.

Uh since that time, uh the applicants have submitted additional declarations and materials, uh, one from a professional surveyor who uh set forth in his declaration that there are actually two homes within 200 feet of that proposed liquor store location.

Uh also submitted were letters from the owners of those two homes, simply stating they don't have an objection uh to a liquor store being opened there.

Um and so that I'm happy to answer any questions, but that in a nutshell is is what has happened at the alcohol commission.

Did the liquor store receive a permit before September 17th, 1968?

Um I I don't believe so, Your Honor.

However, this was not uh there was a liquor store at this location previously.

Uh that license lapsed, was not renewed, which required uh the applicant to submit an entirely new application, and so this is not a renewal of an application that could be grandfathered in being prior to 1968.

Uh it's a new application with a new applicant.

Okay.

Councilman Spinoza, you are recognized.

Thank you, Madam Chair.

When I guess who was there first?

Just curious.

Like was the liquor store there first, and then the homes were built or were homes built.

Um, I do I believe, sir, um it it's not a matter of when the homes were built.

I believe it's more of a matter of when I'm just curious who was there first.

Like I didn't, you know, just that was kind of I mean that respectfully, but that was yet yes, sir.

Yes, sir.

And and to answer your question, I think I think the issue is whether it was zoned R6 before the liquor store was there and not actually whether there were houses built there.

Um it is my understanding that the uh residential zoning predated the liquor store, otherwise uh this would be grandfathered into 19 through through an could be grandfathered in through the 1968 uh uh provision there.

However, again, this is a new application, not a a renewal of an existing application.

And the the R6 zoning um terminology, that's all old as well, or is that new?

When did that come up?

Uh it in the original 1968 ordinances, it did not use the term R6 zoning.

However, in the 1985 ordinances, it specifically uh specifically states R6 as a prohibited uh zoning type within 200 feet of a liquor store.

So just to to try to boil it down.

So liquor store exists at this location, beginning in what year.

I I I would have to defer to the applicant on that, your honor.

I I apologize, I don't have that information.

I love being called your honor, but I'm not a judge.

Force of habit flattering.

I don't want to stop you there.

Yes, sir.

So yeah, I'm just trying to, you know, just trying to boil it down and look at it common sense, right?

Like just trying to understand that a little bit.

So you so we don't know when it was necessarily there to begin with, and then homes built around it.

Sounds like neighbors are cool with it.

You said the two homes close to it.

The the Your Honor, excuse me, sir.

The um is force of habit.

I'm I apologize.

Okay.

Um applicant did submit letters from the owners of those two homes saying they had no objection.

That was not submitted until after the Memphis Alcohol Commission rendered their decision, and so those are not part of the record on appeal here.

Um, but but yes, sir, those two uh those two homeowners did provide a letter saying they had no objection.

Okay, interact.

Okay, thank you.

So the letters came after the ruling was made.

Yes.

Okay, that's interesting.

Thank you.

I'm good, uh chair, thank you.

Councilwoman Cooper Sutton, you're recognized.

Thank you.

So the he's a new applicant, you're saying has he been running the liquor store?

Or is he renewing so has he been in this liquor store?

Is that the applicant there?

I I believe has been operating at this location.

However, it's a new, it is a new LLC that the application is being made under.

So a different LLC than than was operating the prior liquor store.

But he's been running this liquor store.

I'm sorry.

Okay, you say this is a new LLC.

Yes, Your Honor.

Yes, ma'am.

Okay.

And so he has two letters from the residents.

I'm I'm looking at uh some some step.

He has two letters already from residents, and they're okay with it.

Did you say that?

Yes, there have been there were letters submitted after the Memphis Alcohol Commission rendered their decision, uh, which is not part of the record on appeal, but it is uh a letter from the owners of the two homes that are within 200 feet of this proposed location.

The owners of those two homes do not have an objection, is what the letter sets forth.

Is something missing out this whole thing that's just not making sense?

And I I hear it, and you you all got uh brought this before us to make a decision.

Was he already in a liquor store running a liquor store?

I need to was he already in the liquor store running the liquor store.

If I could allow counsel for the address that, yeah, thank you.

Because it's something missing here.

Okay, well, there was a lot of things.

Let me let me see if I can bring some order.

Yes, I tell you, I think the the proper protocol is to allow the appellant to make their case first and then ask your question.

Sounds great.

Same way we would do in any zoning case.

This is similar to a zoning case.

We receive a report from the staff, then the applicant or the appellant presents their case, and then you asked your questions to that person.

This person is just giving you a status of what's in the record without you having to read it yourself.

All right.

Sir Powder Dry until after they hold my power drive.

I'll hold it.

Sir, if you'll give us your name and proceed.

Excuse me, my name is Adam Namius.

I'm an attorney for Quince Liquor LLC2, which is the current appellant.

And this thing, this story is a lot more detailed than what's been represented by the board.

Um this appeal presents a fairly simple but very interesting issue.

It's basically an issue where the alcohol commission in June of 2023 approved the location as 4565 quince.

So in June of 2023, and I'll just shortcut to it.

And I'm assuming y'all have the brief that's been filed.

Contrary to what council said for the board, uh the the record can be comprised of what this board decides, not what they decide based on the rules I've been provided.

So we would submit that the documents we presented to you are part of the record and should be considered by the council and making your determination.

Um as set forth in the brief that we file, though, on June 23rd or June 13th, 2023, applicant Quince Liquor LLC applied for a permit.

Among the documents that have to be submitted with that as a survey, and the very last page of that survey, the very last page of exhibit one to exhibit A to our uh documents is a Campbell surveying is a survey from Campbell Surveying Company, dated June 6, 2023.

That that document basically says there's a reference that says there is no residence within the 200 foot radius.

Exhibit two to our documents is are the minutes from the alcohol board meeting on June 21st, 2025.

As set forth in those meeting minutes from June 21st, 2025.

There's item number five on page two.

Commissioner Poe moved to recommend to the mayor, and the mayor will recommend to the state for approval.

Commissioner Wallace Gall seconded and the motion passed.

So on June 21st, 2023, the board, with the same survey from Campbell's survey that you're gonna hear about in a minute, basically approved and recommended a certificate of compliance be issued.

Exhibit three to our documents is in fact that certificate of compliance issued by the mayor on June 3rd, on June 30th 2023.

Quince Wine and Liquor subsequently obtained a license from the Tennessee Alcohol Beverage Commission and began lawfully operating a retail liquor store at this location on Quint's uh that's at issue.

He ran that store from July 1st, 2023 until October 22nd, 2025.

What happened that day?

Well, that was the day that the state uh sent him a letter, the owner of the company letter, stating that uh his license had expired for failure to renew.

That occurred on October 22nd.

As set forth in the declaration supporting this appeal, within days of receiving that notice from the state, Quince Wine and Liquor reapplied for a new permit.

They didn't try to get grant followed in, they applied for a new permit.

And here's the important part.

Exhibit five to our documents is a copy of that application, which was signed on October 27, 2025.

The third page of this application includes a new survey from Campbell.

And as you can see, the survey from Campbell submitted with the October 2025 application is identical to the one approved and submitted with the June 2023 application.

Same survey from Campbell.

Same location, same home, same residence, the same diagrams, the same uh wording.

At some point subsequent to October 27th, it's my understanding the permits office received a second survey in connection with this location from Engineer David Bray.

Uh that is labeled exhibit six to the documents that have been presented in our in our brief.

And like the survey from Campbell, it references the fact that there are no residences within the 200 foot radius.

Based on this information, in the November, the applicant, which was Quint's Lionel, Quint's wine and liquor at that point, went to the November meeting of the alcohol board, assumed that it would get approved since the documentation was the same as had been submitted in June of 2023, which was approved.

Um neither the Campbell or Brace survey showed any material changes in the proposed location or surrounding areas.

The same structures that were there in 2023 had not been moved or altered.

The distances were the same.

So not only had nothing changed with the surrounding premises, but the new application relied on the same survey, the same property, and the same use.

Since it's enacted in 1985, Section 4-5 of the code of ordinances was in effect on both states of the applications were applied, both in June of 2023 and October of 2025.

Despite all of these facts, the out and the alcohol board's prior prior approval of the certificate for the very same location in June of 2023.

The alcohol board reached an ex an exact opposite conclusion in both November 2025 when it rejected the October 2025 application, and then Quince Wine and Liquor 2 reapplied.

So Quince Wine and Liquor retained the undersigned.

I I appeared at the January hearing in connection with the Quint Liquor 2 application, which is the appellant.

And as previously stated, it was rejected for the same reasons as before.

That is a violation of the 200-foot radius.

We submit that these actions are the definition of arbitrary and capricious actions by the board.

They are arbitrary because they lack a rational basis in fact and law.

They are capricious because they are in direct contradiction to the board's prior determination regarding the applicant's right to operate a liquor store at this location.

Now, while there may be questions regarding the precise standard or review of the actions of the board, that is not in the rules, by the way.

There is no standard that they have must comply with.

I don't want to bore you with legal things, but the equitable stoppel also appears to be applicable in this case.

This doctrine applies when a governmental body takes affirmative action and a private party reasonably relies on that action to its desk to its detriment.

In the case at hand, Quince Wine, Quince Wine and Liquor relied on the June 2023 approval in a very real way, entered into a long-term lease, and began operating a business at this location.

The affidavit of the landlord is also attached to the materials as exhibit C.

And according to that affidavit or declaration, Quince Wine has not been able to operate since October of 2025.

And if Quince Wine and Liquor cannot lawfully operate the store at the property, the landlord will have no choice but to evict them and attempt to re release the property and will incur cost in doing so.

So basically, with this equitable stoppel argument, I would argue both elements are satisfied.

We have affirmative action by the Commission's approval of the 2023 application and recommend recommending issuance of certificate of compliance.

To the contrary, it was an express determination in June of 2023 by the Alcohol Board that the location complied with Section 4.5.

Detrimental reliance, the detrimental reliance is that my client entered into a long-term lease, invested money in the store, and more importantly, based on the decisions of the board since October 2025 has been unable to operate its business, faces potential eviction and significant financial loss.

Simply put, Quince Wine would never have agreed to assume the legal and financial obligations that go with running a liquor store had it not been approved for license in June of 2023.

For reasons that remain unanswered, the board is now strictly enforcing this 200 foot residential requirement in a way that contradicts its own prior determination of June of 2023.

Once again, because these facts represent the exact type of detrimental reliance that equitable estoppel is designed to prevent the board, should be equitably stopped from reversing its position.

Yet another reason for reversal is what appears to be the board's newfound strict and technical enforcement and or interpretation of Section 4.5.

Exhibit D is an exhibit D to the brief is that a declaration from David Bray.

David Bray is the individual that submitted the the Octo the October 2025 survey, and he has opined regarding that survey, stating among other things that there are two parcels, one at 1457 CI Road and one at 4561 that fall within the 200 foot radius.

And there's photographs attached to that that show basically a little bit of a sidewalk and a little bit of the backyard of these parcels.

But basically, what what Mr.

Bray has opined in his declaration, among other things, is that the Quint's property is seven feet inside the 200 foot radius, while the Seattle foot is 11 feet, and more importantly, that the physical separation between the store and Seattle Road separating the properties is the functional equivalent of a radius restriction.

Mr.

Bray further opines that the intent and purpose of 4.5 and including the mitigation of any adverse impact on resolution residential uses is satisfied under the existing conditions.

Basically, the rear of these homes face the back of the shopping center.

For those reasons, Mr.

Bray opined that, in effect, substantial compliance has been reached.

Applicant believes that the board's denial is based on a rigid application of the 200-foot rule, but Tennessee law favors the interpretation and enforcement of statutes and ordinances that are consistent with legislative intent and not technicalities.

While Section 4.5 was enacted back in 1985, its presumed purpose is to maintain reasonable separation between liquor stores and residences, parks, churches, etc.

It's not to invalidate previously approved compliant locations such as that one at Quince.

That the board now is strictly compliant or applying against Quint's wine.

This selective enforcement, particularly in a case like this, when Quince was previously approved under identical situation under identical circumstances, same situation, further underscores the arbitrary nature we would submit of the board's decision.

The final reason, frankly, is set forth and exhibits uh e to the to the materials, which is basically support from the local community.

Both residences at the CIL and Quint's property have no objection to the parcel being utilized as a retail liquor store as it had been.

And there's a petition as well of support.

Basically, Quince Line Quintlicker One 2 requested the decision of the board denying the recommendation for sniffety of compliance be reversed, that the council either direct that the mayor issue a certificate of compliance, or alternatively alternatively recommend to the mayor that such a certificate will be issued.

Thank you for your time.

We have another council person in the queue.

Councilwoman Logan.

Thank you, Chair.

Thank you so much for that presentation.

I just want to make sure I understand it was very long and I appreciate all the points, but I want to understand.

So are you saying that basically your client petitioned for a liquor store was granted a liquor store, later had to re-apply for the liquor store, but was denied because they violated a law on the books, and now they're here to ask if they could if we could approve it because of the technicality initially when they or the oversight when they applied initially, but they are within 200 feet of homes, whether it's one, two, three, or 50.

Is that what you submit?

Well, I would I mean, I don't know what the bases I'm just trying to understand.

Is that what you're saying?

I'm saying that in June of 2023, the board approved the location, the Quince location to operate a liquor store.

Okay.

That that approval.

And then subsequent to that, they had to reapply and were denied based on a law that is in on the book now, and you all are coming here to have us to determine whether or not that should be appealed.

I'm just trying to understand is that what you're submitting?

Well, the law's been on books since 1968 or since 1985.

I'm just trying to understand because I came in a little late on and I want to make sure I'm hearing you correctly.

Yeah, we are out what we're doing is asking.

I just needed to know the facts because you were going through a long process, and I needed to understand.

I appreciate you clarifying it.

Thank you.

But the same law was in effect, ma'am, in June of 2023 as it is today.

And if the law was in effect then, for whatever reason, they didn't abide by the law, but this council has constantly asked that we follow the rules and buy by the laws, especially to protect neighborhoods, churches, schools, children, families.

So I just wanted to make sure I understood what you were asking so I could vote accordingly.

Thank you.

Thank you.

All right, we have one comment card.

Mr.

Cassio Montez.

I didn't think comments were allowed.

You told me comments were you just state your name and then you may proceed.

Cassia Montez, uh 503 Northfield Street.

So the attorney broke down uh the police procedure.

The attorney broke down the policy procedure by the law, right?

Let me tell you something about this Quince uh liquors number two, the owner that I know personally that people don't know, that didn't make the news, that don't get justified and talked about.

Since I met this young man, he has done a lot for that commercial.

Gang wars been deceased.

Young men who didn't have hope, now employed by the city of Memphis because I set up interviews to talk to Paul Young about these two young men who was around his store with guns, things of that magnitude.

So we're gonna talk about it, we're gonna keep it our way 1,000.

How did he operate from the first?

Like closing this store, this store being closed.

I've got no more phone calls.

Bro, we need this store, bro.

Like we ain't eating.

He helped people.

Not a bad person.

I give him the shirt on my back.

That's why I'm down here.

I had a lot to do today.

Could have been a whole lot of whole lot of places.

I choose to come here to help him because when I reached out to hear from him, he helped me, helped someone else.

That's more than some people in the city of Memphis do that's been here all their life.

We're gonna talk about it.

Let's talk about it.

It's a good dude.

I don't come down here.

Anyone that know me personally, no, I don't come down here.

But when it's time to speak up and keep something that's gonna help the community instead of tear it down, I'm gang footed.

Let that man operate.

He's been doing.

And we we know why the alcohol mission then pay commission then passed it, but we ain't holding no vendetta.

We'll let God deal with it.

But they know why.

They know why they have a problem with this man.

All I'm gonna say is money is the rule of all even.

When a person got a good heart, let that flow.

Y'all enjoy the rest of y'all eating.

Thank you.

Councilman Fuller Canale, you're recognized.

Thank you, madam chair.

Um, colleagues, this is the first time that we've heard of a case like this that I can rest first that I've heard since I've been on this body.

What I'm struggle with on cases like this is that at one point this this location was legal, um, and now it's not, and I just don't know how we as a body arbitrarily pick and choose when we know that other stores are in violation of the same.

I don't know how we arbitrarily pick and choose who's allowed to operate and who's not.

Um I would like to hear from our after colleagues.

I would like to hear from our attorney about this matter.

Thank you, madam chair.

Okay, Councilmoman Walker, you're recognized.

And then we'll hear Logan and we'll go back to attorney Wade.

Thank you, Madam Chair.

So depend depending on what our attorney says, um, I would like to support this um business being able to reopen.

I don't know what that looks like.

And I'll just and I'll just yield the floor and just look forward to hearing what attorney Wade has to share.

Thank you.

We hear from attorney Wade, and I'll come back to you, Councilwoman Cooper Sutton, if that's okay.

Okay, go ahead, councilwoman.

Sitting here listening to this, and I knew there were there were some missing parts, and I know that this law has been in place since 1968, and uh from my understanding of survey, what I just heard a survey has been done, and it is within um like you can alley, I don't know how that got us, but however, to hear that you've been supporting the community to hear that, and I can't verify any of that, and no one has to, you know, to hear that you may have been uh a reason enter, enter intervening for uh gang or shootings or somebody, and we know how prevalent that is, and so I'm gonna say this.

I'm gonna support, I'm gonna support you.

I'm gonna support it.

Because it should have been done right at the beginning, and then you bring it here before us, and you put us in a bad position, and if you got these boards, dismantle them if they can't do their job, and if they're afraid to do their job, dismantle them, and then just let everything come to us then.

If you're gonna let us make the final decision, I don't know if this is taking food out of his mouth.

I don't I don't know that I don't I don't know, but I know this that it's a dead cat on the line somewhere, and it's a big gap somewhere, and this shouldn't even be before us.

I yield all right, councilwoman Logan, you're recognized.

Thank you, Chair.

Before um attorney Wade, I just wanted to make it clear that I don't know anyone, I don't know the owner or anyone that's a part of this other than the case that is before us.

And I've heard it say, how do we pick and choose?

We shouldn't pick and choose, we should just follow the law.

We did not follow the law, but we know the law.

There is a law.

So following the law is always supposed to be what we do.

I would love to us to get together with that young man and maybe see if he we could, you know, if he could start a nonprofit um to further the work that he's doing in the community, um, or be a part of you know, speaking to us about how to help people, but in terms of the case that's before us and what's on the books uh and and to protect the the homes in the area, the churches and the schools in the areas and the young people that are subjected to what sometimes happens at liquor stores.

I'm not saying he is, I'm speaking about the case in the law.

What happens um around liquor stores and the adult content and things like that?

Your grandchild's out in the street playing on their bike and and all of this, and you have things happening, grown folks stuff happening at liquor stores and things like that.

You have to think about that as well, not just the person before us and uh the owner, but the homeowners, the neighborhoods, and those things.

We have to take all of that and could in into consideration, and that's what I am considering the neighborhoods and the people that are um also involved.

So I I don't know the person.

I wanted to make that very clear that I'm just basing it on the law and what's in the books, because we should not be picking and choosing, we should be following the law.

Thank you, Councilwoman.

Councilman Spinoza, you're recognized.

Thank you, Madam Chair.

Um I do have a question I want to ask our attorney just to clarify.

I think for all of us, this is frustrating to me because it appears to me that they had a license and have had a license for a long time, but they never should have.

Am I hearing that correct?

Okay, so there's a head nod, yes.

But I'm not, we're not supposed to, in our capacity today, think about that, is my understanding, right?

We're here to talk about the law and the way that the laws exist and they exist, and based upon the laws that exist today, they shouldn't be there.

And so I guess for me, I'm frustrated because how did they get a permit in the first place?

And I don't know, I'm looking for alcohol commissioned people, but that that's how did they get a permit in the first place?

I mean, and I don't even know that that's an answerable question.

Um that's frustrating to me because I want to support this, but I feel like I can't, and so I'm not because we have to abide by what the law says, but that's frustrating, and I wanted to share that with the body and say that on the record.

My question is is how did they get a permit in the first place?

Are you ready for me?

Yes, you know, I've tried to um be agnostic about all of this and let them make their own case.

I I feel like the appellant probably confused the case more than he helped it.

Um there is a limit of 173 liquor stores that can be allowed to operate within the city.

This distance requirement dates back to 1950, frankly.

It used to say you couldn't be in close proximity of schools, churches, other liquor stores, and then it was amended in the 67 code to be more specific and put a 1,500 foot restriction from schools, liquor stores, and churches, and it also added a residential component where you couldn't be within a 200 foot radius of certain residential districts.

Um in 2023, I believe the UDC changed the names of those districts, but substantively they were the same, and we amended the ordinance to change the names, the nomenclature of those zoning districts, but they are essentially the same, and R6 is one of them.

I think that's a small um district uh size homes in uh within a district.

So in the 50 ordinance, it went to court, and the code was written so that you had to have the approval of the city commission.

The city commission at that time was a mayor and the commissioners, there was five of them.

The mayor and the commissioners were on the same body.

There wasn't a mayor on seven and a council on five.

And so when we went to home rule, we separated those things, but we never changed the language that said that the commission had to approve it.

And in certain iterations of the code since 67, it seems to require the mayor and the council to approve the location.

This one was the alcohol commission doesn't approve anything.

They're like the land use control board.

They make a recommendation to the powers that be to make the decision.

And remember that powers that be were the five, four commissioners and the one mayor.

Now it's been separated, and there's some uncertainty in our language.

But because this appeal thing was in there, I think that we deferred to the mayor to make the decision unless someone appealed to you.

Then you have to concur with him.

That's where we are today.

Now, there is another step that that dependent irrespective of what you do, the applicant can go to chancery court.

And the law says that he has to go to Chancery Court finally, no matter what you do.

So that's how the hierarchy works.

What your job is if is to determine, interpret the law, and determine does it comply?

All these things about equity and well, somebody else proved it last time, but they were wrong, and as Councilman Logan pointed out correctly, it was an oversight.

It was people make mistakes.

Government makes mistakes.

That does not create an estoppel, contrary to what that gentleman told you, where he has the ability to read the law just like you do.

And that's what Levin B.

Baird says: that estoppel has to be something that he is unable to himself to determine.

So I don't buy that argument.

I don't buy the equity argument.

The argument, the question is, does it violate the language of the ordinance?

The ordinance has no equity in it.

It has no discretion.

This is a non-discretionary review.

And in zoning cases, that means if you meet the requirements, we are required to approve it.

If you don't, we are not.

We don't have the discretion to pick and choose, as Councilman Spinoza says, or as Councilman Cooper Sutton says.

You are to interpret the law and apply to the circumstances, and if it doesn't apply, your duty is to vote it down.

If it does apply, your duty is to vote it up.

And then he can take equitable arguments elsewhere.

Now the question was how did this happen?

We know of maybe six or seven instances where the alcohol commission made a mistake.

It happens.

Our land use control staff.

Those guys are experts.

They read surveys, they know how if this thing had gone to them, you would have got a rejection.

Bam, just like that.

Because they are experts.

These guys miss miss the ball.

They strike out, and we end up with liquor stores that shouldn't be there.

Now that's one example of how it happens.

Another example is these people that run these stores, they submit false surveys on purpose, knowing that our alcohol commission isn't expert enough to check it out and figure it out.

They should go to jail.

Okay?

That's how that happens.

So just because someone has a license doesn't give them the you have to apply the law to the case in front of you.

Now, that's another question for how we enforce going forward.

Now, this is a prime example of how it can be corrected, but nobody's gonna have the intestinal fortitude to do that.

These licenses aren't in perpetuity, they have to be renewed.

And at the time they're renewed, if the city wants to review all of them before they're renewed, they can go and say you don't apply and do the same thing that's happening here.

So I'm just telling you your job is to interpret it, because if you don't, and he goes to chancery, the chancellor might say, well, you have to exhaust your remedies by getting an interpretation from the counsel first.

So he'll just send it back for you to give your opinion as to whether it applies or it doesn't.

So I think our staff has given you the requirements and a check sheet, and if you answer no on any of those questions, it doesn't comply.

That's just the way it is.

And I'm not trying to be punitive to this guy, he may be the greatest guy in the world, but you write the laws, you enforce the laws, the citizens can't wave them.

What are you here for?

If they can waive laws, what do we need them for?

I mean, that's the way it is.

You write them, you enforce them, you have a duty to do that.

That's just my humble opinion.

I know that's at adverse possibly, but if any of the arguments that he's making about equity and discriminatory treatment, he can make those to a court, not to you, and then that's where that should take place.

And then that's where that should take place.

That's my humble opinion.

Thank you.

Thank you, Attorney Wade.

Councilwoman Walker, you're recognized.

Thank you, Madam Chair.

So with respect to violations, this body approved Shelby Rail Yard meeting before last, and they are in violation, and they got approved.

They've been working on the project and had not received approval.

And I think that there should be some type of I don't know, fine or penalty for that.

So that's what you made me think of.

Let me let you you've raised a good point.

You know, we don't let we don't let us caresman operate near residential neighborhoods.

We have one case in her district where they just start selling cars.

Yeah.

Without a permit, without anything.

And so then we had to shut them down.

They sued us and they lost because they weren't following the law.

I mean, so you know, this is a liquor store, but it can happen to gas stations, it can happen to car lots, it can happen to salvage yard.

I mean, it can happen to a lot of things.

So I mean, where are you going to draw the line?

Do you want to follow the law across the board or grant leniency to someone who quite frankly?

I understand his unneasiness because he was allowed to go forward, but he allowed his license to lapse.

If he had just rocked on, we would have never known.

But it comes to you, and you have to make a decision, and that's kind of where we are.

All right.

So a yes is to approve the appeal.

And a no is to go against the repeal.

Okay.

All right.

If you will please prepare the screen.

Yes, is to approve the appeal, and a no is to reverse it, right?

No, no, would you work?

Okay, okay.

This is the way it should work.

Okay.

Somebody should move to approve the appeal.

And then a vote, yes, would approve the appeal, and a vote no would not.

Okay.

Approve the appeal will allow him to operate.

A no wouldn't a yes vote would say he complies with the statute.

A no vote says he does not.

All right.

We ready for a motion?

It has been moved electronically by Councilman Spinoza and seconded by Councilwoman Green.

Ready for the vote.

You making a motion to read this is an appeal of Quince Liquor to LLC Memphis Alcohol Commission Matter T 36413.

You want me to read this?

Yeah, the this is a motion to approve the appeal.

And I'll be voting no for the record.

So in the second fight.

Don't like voting no for the record at all, but I am.

Councilman Ford doesn't have a screen.

Are we ready?

I I checked it for you, sir.

Carlisle, no.

Ford, yes.

Green, no, Logan, no.

Spinoza, no.

Walker, yes.

White, no.

Chairwoman Swearing Washington, yes.

Please show please show Cooper Sutton as voting yes on this item.

I didn't have to screen it.

And how would you like to vote for chairman?

Please show Councilmember Canale as an abstention.

That item failed.

Madam Controller, if you will please call item number 18.

Item number 18 is a resolution to approve interlocal agreement between the city of Memphis and the Memphis Area Transit Authority.

All council districts.

This resolution is sponsored by the administration, and there is a request for same night minutes.

Councilman Ford Senior, you're recognized.

Thanks, Chair.

This item is heard in committee and sitting down.

No recommendations.

And I'd like to move it.

All right, it has been moved by Councilman Ford Senior, second by Councilman Spinoza.

Madam Comptroller, if you will please prepare the screen.

Yes, there is a request for same night minutes.

Council members, please cast your votes.

Canale, yes, Cooper Sutton, yes.

Ford, yes, Green, yes, Walker, yes.

Please show Councilmember Spinoza as voting yes on this item.

And also Chairwoman Square in Washington, yes.

That item passes.

Madam Comptroller, if you will please call item number three, under the division of planning and development.

Item number three is a resolution pursuant to chapter 9.6 of the Memphis and Shelby County Unified Development Code approving a plan development at the subject property located at zero IKEA.

This resolution is sponsored by the Division of Planning and Development.

The case number is PD 26-01.

Thank you, Madam Controller.

Councilman Spinoza, you're recognized.

Thank you, madam.

Thank you, madam chair.

Uh committee met.

We sent this down without a recommendation.

Our director Ragsdale is here, so if anyone would like to see a presentation on this, but um I'll go ahead and move it.

Yep, but I can't move it electronically.

So all right, it has been moved by Councilman Spinoza, second by Councilwoman Green.

There's not a anyone in the queue for uh a presentation.

Madam Controller, if you will please prepare the screen for the vote.

Yeah, council members.

This is part of the new a new process that we're doing.

When everybody's seen this, there's no objection.

Council members are aware of everything, and we've got the presentation, so we just send it down with no recommendation.

Typically we send it down with a positive recommendation, but we sent this one down with no recommendation.

So everything's good with this.

There was no complaints.

Thank you so much.

Madam Controller, if you'll please prepare the screen.

Canale, yes, Ford, yes, green, yes, Logan, yes, Walker, yes, Chairwoman Swearing Washington, yes.

Please show Councilmember Spinoza as voting yes on this item.

Also, Vice Chair Carlisle voting yes on this item.

That item passes.

Madam Controller, if you will please call item number four.

Item number four is a resolution approving the request to close and vacate the public right of way of a north-south public alley known as Litty Place that has an east-west stub at its midpoint heading eastward.

This resolution is sponsored by the division of planning and development.

The case number is SAC 25-06.

All right, that item has been moved by yeah, thank you, madam chair.

Committee met no recommendation, and I so move.

Thank you so much.

That item has been moved by Councilman Spinoza.

Second by Councilman Carlisle.

Madam Comptroller, if you will please prepare the screen for the vote.

Yes.

Council members cast your vote for this item, please.

Canale, yes, Carlisle, yes.

Ford, yes, Green, yes.

Logan, yes, Spinoza, yes.

Walker, yes, Swearingen, Washington, Chairwoman Swearing, Washington, yes.

That item passes.

Madam Comptroller, if you'll please call item number five.

Item number five is a resolution pursuant to chapter 9.6 of the Memphis and Shelby County Unified Development Code, approving a special use permit at the subject property located at 3575 Emerald Street.

This resolution is sponsored by the Division of Planning and Development.

The case number is SUP 26-01.

Councilman Spinoza, you're recognized.

Thank you, Madam Chair.

Committee met with no recommendation, and I shall move if any council members have any questions of the applicants or VPD.

They are here.

All right, it's been moved by Councilman Spinoza.

Moved by Vice Chair Carlisle.

Madam Comptroller, if you will please prepare the screen.

Yes.

Carlisle, yes.

Ford, yes.

Logan, yes, Spinoza, yes.

Walker, yes.

Chairwoman Swearing Washington, yes.

That item passes.

Madam Comptroller, if you will please call item number six.

Thank you.

Item number six is a resolution pursuant to Chapter 9.6 of the Memphis and Shelby County Unified Development Code, approving a special use permit at the subject property located at 4180 Elliston Road.

This resolution is sponsored by the Division of Planning and Development.

The case number is SUP 26-05.

Councilman Spinoza, you're recognized.

Thank you, Madam Chair.

Committee met uh no approval recommended, but I will move it.

And DPD is here if you have any questions.

There no council in the queue for presentation.

It has been moved by Councilman Spinoza.

Second by Vice Chair Carlisle.

Madam Comptroller, if you will please prepare the screen.

Yes.

Ford, yes, Logan, yes, Spinoza, yes, Chairwoman Swearing, Washington, yes.

Walker, yes.

Show Councilmember Walker is voting yes on this item.

Two three, four, five, six.

Yes.

Madam Controller.

That has been approved.

That's passed.

If you will please call the consent agenda.

I believe we have just one item and it is up for second reading.

This ordinance is sponsored by the division of planning and development.

The case number is Z 26-01, ordinance number 5970.

Vice Chair Carlisle, you are recognized.

Thank you, Madam Chairman.

The committee met earlier in executive, and I moved forward.

All right, it's been moved by Councilman Carlisle.

Can I get a second?

It has been seconded by Councilman Ford Senior.

Madam Comptroller, if you will please prepare the screen.

Canale, yes.

Carlisle, yes.

Ford, yes, Logan, yes.

Please show Councilmember Green as voting yes on this item.

Spinoza, yes.

Please show Smiley as voting yes on this item.

Chairwoman Swearing Washington, yes.

That item passes.

Madam Comptroller, if you'll please call the fiscal consent agendas, items eight and twenty.

Item number eight on our fiscal consent is a resolution to amend the fiscal year 2026 operating budget.

All council districts.

This resolution is sponsored by councilwoman Walker.

There is a request for same night minutes, and item number 20 is also a resolution to amend the fiscal year 2026 operating budget.

All council districts.

This resolution is sponsored by councilwoman Cooper Sutton.

There is a request to add this on to the consent agenda and for same night minutes.

Thank you, Madam Comptroller.

Vice Chair, you are recognized at this time.

Thank you, Madam Chair, without objection.

Uh except on the fiscal consent and I said move.

It has been moved by Vice Chair Carlisle, second by Councilman Spinoza.

Madam Comptroller, if you will please prepare the screen for the vote.

Canale, yes, Carlisle, yes, Ford, yes, Green, yes, Spinoza, yes, Walker, yes, White, yes, Chairwoman Swearing Washington, yes.

That item passes.

Madam Comptroller, on the regular agenda, if you will please call items nine and thirteen.

Item number nine is our appointment to the Memphis Convention Center Commission.

Kyle Vizy and Calvin Anderson.

Councilwoman White, you're recognized.

Thank you, uh Chairwoman.

The committee met in recommended approval and I so move.

It has been moved by Councilwoman White, second by Councilwoman Green.

Madam Comptroller, if you will please prepare the screen.

Please cast your vote for the appointments to the Memphis Convention Center Commission.

Canale, yes, Carlisle, yes, Ford, yes, Green, yes, Spinoza, yes, Walker, yes, White, yes, Chairwoman Swearing Washington, yes.

That item passes.

Madam Controller, if you will please call item number 13.

Item number 13 is a resolution approving the option to renew into a to enter into a 50-year ground lease for the construction operation of multifamily residential apartments on the upper two floors of historic Melrose School Building and multifamily residential affordable town home and apartment units on an additional 1.03 acres of the site with Melrose Housing Partners LLC District 4 Super District 8.

This resolution is sponsored by the administration.

It was also held from March 24th.

Thank you, Madam Comptroller.

Councilwoman Attorney White, you're recognized.

Thank you, Chairwoman.

I I spoke with the administration and um I think they want to hold it to provide some more information.

So I would request a hold if we could do that without any objection.

I'll send the old councilwoman walker.

You recognize no no I'm asking for one.

Yeah, to get some more information on that deal.

Okay.

You all to date.

I know being that we have budget coming up.

So okay.

Councilwoman Walker.

Thank you, madam chair.

So I think that um postponing it is a good idea because my comment was actually I'm really concerned about the seniors living upstairs.

Thank you.

And I yield the floor.

All right, that item will be held until the next council meeting.

First meeting in July.

All right.

Very much.

We'll note that one.

All right, thank you, madam comptroller.

If you will please call our add-on and same night minutes items.

That will take us to item number 14.

Another appointment to the economic development growth engine.

Ed Stevens the third, and there is a request for same night minutes.

Councilwoman White, you're recognized.

Okay.

The committee met in recommended approval and I so move.

All right.

It has been if you will move it electronically.

It's been moved by Councilwoman Attorney White, second by Vice Chair Carlisle.

Madam Comptroller, if you will please prepare the screen for the vote.

Yes.

Carlisle, yes, Ford, yes, green, yes, Logan, yes, Smiley, yes, White, yes.

Chairwoman Swearing Washington, yes.

Walker, yes.

Please show Walker voting yes on item number 14.

That item passes.

Madam Commerce.

There's a request for same night minutes.

Thank you.

That item passes.

Madam Controller, if you will please call item number 15.

Item number 15 is a resolution to transfer and appropriate 375,980 dollars from contract construction to architecture and engineering in fire SNL building seismic repair.

Project number PW 17302 for required additional design modifications.

This resolution is sponsored by the administration.

There is a request for same night minutes for item number 15.

Thank you, Madam Comptroller.

Councilman Smiley, you're recognized.

Thank you, Madam Chair.

The committee meant recommended approval and I so moved.

And it is with the same nine minutes.

It has been moved by Councilman Smiley, seconded by Councilman Ford Canale.

Madam Comptroller, if you will please prepare the screen for the vote.

We will give you an opportunity to speak with your comment cards.

Canaley, yes, Ford, yes, green, yes, smiley, yes, chairwoman swearing Washington, yes.

Walker, yes, please show uh council member Logan as voting yes, council member White is voting yes, and Walker and Walker as voting yes, that item passes.

Madam Comptroller, if you will please call item number 16.

Item number 16 is a resolution to transfer and appropriate additional construction funds in the amount of 500,000 dollars from drainage ST cover line, project number stero three two zero five to Tonto and third drainage, project number stero three two three four for construction funds for upgrading the drainage system at Tonto and Third District 6, super district eight.

This resolution is sponsored by the administration.

There is a request for same night minutes.

Councilman Smiley, you're recognized.

Thank you, Madam Chair.

The committee may recommend approval that I'll so move.

It has been moved by Councilman Smiley, second by Councilman Spinoza.

Madam Comptroller, if you will please prepare the screen.

Canale, yes, Ford, yes, green, yes, Logan, yes, Spinoza, yes, Walker, yes, White, yes, Chairwoman Swearing Washington, yes.

That item passes.

Madam Comptroller, if you'll please call item number 17.

Item number 17 is a resolution amending the capital improvement plan by authorizing the transfer of funds in the amount of six million dollars from the Harbor Docks Project PW04123 to the Monroe Plaza Infrastructure Project to be announced.

District 7, super district eight, all council districts.

This resolution is sponsored by the administration.

There is a request for this item for same night minutes.

Thank you, Madam Comptroller.

Councilman Hockanale, you're recognized.

Thank you, Madam Chair.

The committee met recommended approval, and I will move electronically when you move our screen to item 17, please.

All right.

All right, thank you for catching that.

It has been moved by Councilman Ford Canale, second by Councilman Spinoza.

Would you please prepare the screen, Madam Comptroller?

Canale, yes, Ford, yes, green, yes, Logan, yes, Spinoza, yes, white, yes, chairwoman Swearing Washington, yes.

Walker, yes.

Please show Walker's voting yes on item number 17.

That item passes.

All right, we've done 18.

We've done 19.

Madam Controller, please call item number 19.

Um, I'm calling number 19 now.

Seems to be outstanding.

Yes.

Item number 19 is a resolution to amend the council rules of procedure.

All council districts.

This resolution is sponsored by councilwoman Swearing in Washington, and there is a request for same night minutes, and that would be Chairwoman Scourge in Washington.

Councilman For Canale, you're recognized.

Thank you, Madam Chair.

The committee map recommended approval, and uh so now I need it to move to item number 19, please.

All right, it has been moved by councilman for Canale, second by Councilman Spinoza.

Madam Controller, please prepare the screen.

Canale, yes, Ford, yes, green, yes, Logan, yes, please show Spinoza's voting yes on this item.

Smiley, yes, white, yes, chairwoman swearing Washington, yes.

That item passes all right.

That brings us to our same night minute items.

Councilman Ford Canale, would you please read the same night minute items into record?

Yes, thank you, madam chair.

Same minute items are eight, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, and twenty.

And I still move.

Thirteen was held.

Thank you.

It's been moved by Councilman Ford Canale, second by Councilman Spinoza.

Madam Comptroller, if you would please prepare the screen.

Yes, green, yes, Logan, yes, Smiley, yes, Spinoza, yes, white, yes, chairwoman swearing Washington, yes.

Please show council member Ford is voting yes on the same night minutes.

That item passes.

Ford.

All right.

It is now time for our general public comment cards.

I have received cards from our community members.

And the first person on the list is Mr.

Scooter Moore.

And after Mr.

Moore, we have uh Miss Sakita Johnson.

Is Mr.

Moore still here?

Yes.

Are you Mr.

Moore?

Yes.

Okay, if you'll come on down, please.

Yes, ma'am.

Just state your name for the record and you may proceed.

Madam Comtroller, if you'll please put the Madam Comptroller.

If you'll please put the time on the screen.

Okay, thank you.

Yes, good good evening to you all.

My name is Scooter Moore.

Um I um operate Scooter's Barbecue.

Um, I'm a mobile food truck vendor, and I would like to speak with you all.

Um I got a couple questions.

I got an invite, and then I would like to get an invite from you all.

Maybe to speak at a commit committee thing about the food truck ordinances on the books right now.

Um first of all, I'd like to let you guys know your predecessors maybe 15 years ago, passed this ordinance.

It's it's 15 years ago around this time that the food truck ordinance was passed.

I was very proud of that.

I got the first food truck permit in the city of Memphis when it was passed.

I've been operating for quite a while.

Um, I got some concerns um about what the ordinance is today.

Um, what what was um the the law as of right now, the ordinance.

Um I was presented with a with with a with a copy of an ordinance from uh city official um while I was operating, and it had a lot of red lines in it, and I would think that that's not an ordinance.

Um I got my original copy from 2011, and it um it has the signature of the comp troler and all of that on it.

I I've heard of I've even reached out to different council um people and even the uh mayor, and uh but there's a little confusion in the ordinance or and also I would like to know about there's no food truck signs just posted, and it seems as though like if the ordinance dictates where food trucks can operate.

Um I was wondering why would we need signs to say that we can't operate on certain streets, and I'm talking about in the downtown area.

It's a lot to try to unpack in this two minutes, but um I would really like to speak with you all um more on the subject if possible and and get some clarity.

Councilman smiley recognized.

I think is your question you want to update uh copy of the ordinance because I think you said you don't have an up to date.

I have a copy.

I was okay.

So my copy is this, and and then I even have on my phone like the the latest version hadn't been updated.

Well, it hadn't been amended or anything by the council other than when the fire suppression stuff came out.

Um I've um but like even with like you only have to be 50 feet from a restaurant in the downtown Memphis area.

Some are saying that it's 300 feet, and I was presented with this copy right here from someone, you know, and and it says um we'll get your information and make sure that you have clarity on that.

Yeah, so Miss Ms.

Keaton is gonna get with you and get your email address, and I think if you got any proposed changes, could you get it to Miss Keaton and then we we can go from there?

Councilwoman Green, you're recognized.

This is Miss Keaton here.

This is Miss Key.

She's on compete.

Okay.

Wait, I just want to say this too.

Um Mr.

Zena, can you raise your hand?

That guy right there, turn around.

That guy, raise your hand again.

That guy right there and I have had several conversations about fruit food truck and the zoning, and he is the expert that we would all ask.

Um, so I I'm gonna recommend that you reach out to him.

Uh he works for Mayor Harris.

I'm sure he's got a business card on him, and he'd be happy to answer your questions.

And if not, you can reach out to Councilman Smiley or myself, and we will we will get with John Zena with your concerns.

Okay, Mayor Mayor Young, sorry.

That that guy right there, John Zonna get your information.

Thank you, sir.

Okay, thank you.

Um thank you.

Uh Sakita Johnson.

What kind of food does he sell?

If you'll please just state your name and then he may sign in.

Good evening.

On April 7th at 301 p.m., I received a call from Judges Kenya Hooks and Veronica Cooper stating that as the majority of the city court judges, they were relieving me from my duties.

On April 8th, I received a signed letter from Mayor Young removing me from the position of city court clerk.

The city charter states that I have 10 days to appeal to council, which makes the final determination.

On April 8th, I sent my appeal request to council via certified mail and be an email with the inclusion of HR compliance.

On April 9th, I received another letter.

This time the letter was from Judge Veronica Cooper and Kenya Hooks stating that they, as the majority of city court judges, were removing me from the position of city court clerk.

I have witnessed an employee also appointed, received administrative leave with pay for more than a year without being removed.

So I cannot understand the urgency to remove me without cause.

Today I'm here to put on the record that I am still requesting to appeal as the termination was wrongful.

Thank you all for your time.

Thank you, Ms.

Johnson.

You will be allowed your right to have the appeal process.

So you will be notified.

Okay.

Okay.

All right.

Thank you for coming back.

We will now have Amber Sherman.

We can do thumbs up and thumbs down, please.

My name is Amber Sherman.

We have a policing problem in Memphis, and it's really annoying to me that unless someone is killed, like Tyree Nichols, when folks make noise about police officers in Memphis being violent, we get unanswered.

No one's responding to us.

I know that multiple organizations, 20 plus orgs have sent a list of demands asking for basic information, like the officers' names who were pepper spraying people and tossing them to the ground, who were arresting folks unjustly for exercising our First Amendment rights, and we still got no answers.

So we had to find them ourselves.

Because once again, police officers are public employees of the city.

They don't get to hide and disappear when they do violent things.

People in Memphis should know that the Memphis police department hires violent people who attack folks in the middle of the street, who are almost on a sidewalk, who have done nothing wrong because they feel the need to be violent towards them.

Because when they see black folks and they see folks raising their voices about issues, they don't care that they're doing that.

They just want to be in control in the moment.

Anytime we've had a protest, it became violent because of the police.

The police showed up and made it violent.

There were multiple city council members on this board that were there at the protest who saw what happened.

Councilman JB Smiley had to have folks released from being arrested who were unjustly arrested because the police were in the wrong.

So we're asking this body to do the right thing and answer the questions we're asking.

I was at the public safety committee this morning.

The police chief wasn't there.

No one was asking any of the questions that we were wondering around what the officers are, where they are, why they aren't fired.

Are y'all gonna snatch their pensions?

Is the leave unpaid or paid?

What's going on?

And if there's four officers, but I see about 23 pictures out here.

Why are they still on duty and being able to have access to Memphians that they could hurt, kill, arrest for no reason?

So we need answers.

We don't have time for y'all to pretend like you're not sure what happened because nobody died.

People were traumatized, they were hurt, they were jailed, they lost time from work, they had to go to court.

Are y'all gonna pay their their court key, their court calling these?

Like we need answers now.

Come on.

Thank you, Ms.

Sherman.

LJ Abraham.

Come on.

Hello, LJ Abraham.

Um, I'm quite disheartened to be back here about three years after you guys all approved ordinances to prevent police violence from happening in this city.

It really, really breaks my heart to know that.

But furthermore, the fact that MPD was as violent as they were in front of news cameras, in front of people who were recording in front of children in front of disabled people, in front of elderly people, also breaks my heart.

But it makes me wonder what happened to Daniel Maxwell during the traffic stop because there were no cameras there to catch that.

We've been requesting the release of the video, which we've been told it wouldn't be released because um it's still under investigation.

Um, and so in that I'm asking for it to be released because we know what happened to Tyree Nichols.

I I don't think I need to remind you all, I was here for that.

Y'all were here for that.

Um, and so I just want to know why we continue to allow CJ Davis to oversee this police force if she's already said out her face that they have a culture problem.

So when she was reappointed as as uh police chief, all of you up here voted unanimously to keep her, even though you guys knew yourselves that she was a problem.

She continues to be a problem three years, and we're still up here begging you guys to look into MPD, look into CJ Davis, hold the mayor accountable.

It's not fair to people who are out exercising their First Amendment rights to be violently attacked for simply doing what they're allowed to do.

It was uncalled for, it was aggressive, it was violent, it was embarrassing, it was harmful.

Again, I need to remind you guys that there were children out there who had to witness this who now will believe that MPD is violent.

Um, I've been in contact with Danielle Maxwell's family members with his fiancee, and they're also wondering what happened to him during the traffic stop that caused him to possibly have to defend himself.

It's not fair that we have to come up here and beg this body all the time to prevent police violence.

It's not our responsibility to keep tabs on them and to find out who they are because MPD, CJ Davis, and Mayor Young won't do their jobs.

That's right.

Christine Fox.

Christine Fox.

Christine Fox.

I'm here today to speak about the Memphis police department's use of unnecessary and excessive force at the end of the No Kings March, and about Mayor Young's refusal to take meaningful steps to hold the officers involved accountable.

I was not in Memphis on March 28th.

I was in Texas attending two peaceful No Kings events.

While there, I watched what was happening here through friends' social media, sharing it in real time with people around me.

They were shocked and horrified.

What we saw were police officers tackling participants and safety marshals, spraying people in the face at close range with pepper spray, brutalizing citizens exercising their constitutional rights.

What happened was not an isolated incident.

It is part of a documented and practice of unconstitutional policing in Memphis.

If I had been here, I would have been serving as a safety marshal.

I would have put on my orange vest, locked arms with others to help maintain peace and keep people safe.

And I would have been a target for the same violence inflicted on my friends.

She knows the next time it could be me being thrown to the ground, pepper sprayed, brutalized by the very people sworn to protect us.

She does not want to see her daughter harmed, and yet she knows what I do, what we are doing when we protest and march and speak out and stand against unchecked authority.

It is absolutely critical and necessary in this moment.

What are you going to do about what happened, Mayor Young, City Council?

Making statements is not enough.

Silence is not leadership.

Refusing to act sends a clear message that this behavior is acceptable.

Memphis deserves better.

We deserve better.

Thank you.

Thank you.

Alexa Pouncey.

Alexa Pouncey.

After Ms.

Pouncey, we'll have Alice Miller and Jessica Miller.

Hi, my name's Alexa Pouncey.

I was here last month to talk to you, all of you about MPD and their police violence here in Memphis.

We're asking you guys to do your jobs and give us the transparency and the accountability from CJ Davis and Mayor Young for us as the citizens of Memphis.

That's all I have to say.

Thank you.

Miss Alice Miller.

Alice Miller here, 2038 Walker Avenue.

I got to be a witness at this, and this is the third No Kings that happened nationally and all over the nation, millions.

It's it's increased at every, it's increased at every different uh No Kings activity has exponentially standing up against the uh wannabe dictator that's going on.

Memphis was one of the only places that had violent action taken against people following their First Amendment rights.

It was despicable.

People were clearing the road at the end of the thing.

No warnings were given, as I've seen at many other protests.

None were given.

Attacks were made.

Women were tackled standing there.

The last ones coming around were often the elderly and people who had had to walk slower.

A friend of mine who maybe still be here, you know, had just gotten rid of her crutches.

Fortunately, JB smiley fought to have her release, but it was ridiculous that she was tackled and she was saying, I'm disabled.

Another woman, friend of mine, was watching and just in absolutely in shock with what was happening to people.

And we were all coming back to to be witness to this when we had our cameras.

And she also was tackled and strong, strong armed and pushed down.

She had to have been hurt.

So the amount of violence that went on and spraying somebody in the face, and that person was wearing a vigilante signal in an insignia on him as a police officer.

This these kind of things happening, and this happened to be on the same day, March 28th, that the same thing had happened with Martin Luther King leading a march down the same street.

This when we lost that young 18-year-old Larry Pay, it could have happened again.

It easily could have happened again, and it will happen unless you all take these actions.

The demands that were made were reasonable.

Followed those demands asked by the citizens.

And please have a backbone.

Thank you.

Jessica Miller.

My name is Jessica Miller.

I'm one of the organizers with Indivisible Memphis that helped organize the No King's Day protest.

Um I'm here to speak because we I was part of the coalition of 27 organizations that sent a letter to this body as well as the mayor.

Um we have still not gotten a response on that letter.

And I'm just wondering where the accountability is at, because the only thing that was responded to was from this city body talking about the paperwork that was filed by myself for this event.

I filed the paperwork, and there could have been mistakes made, but MPD then illegally leaked my information unredacted to MPA and posted it on Facebook.

So I have white nationalists sending me threats to my children at my home at this point.

Do y'all even know what the Kendrick consent degree is?

Because that is completely against it.

And I shouldn't be scared to file a permit for people to have First Amendment rights because I might be put in danger.

You know, I just don't understand with my time left.

I just want to ask.

When we write letters, multiple letters, they go unanswered.

When we come to state of the city meetings, we're told that we're too loud and it's inappropriate.

When we write emails and call, they're ignored.

When we show up to city council meetings, some council members admonish us for speaking out.

The same ones that got banned from these meetings before they were elected.

When we march in the streets, we should have filed better paperwork.

So when something happens because people feel like they're not being heard and they're bleeding out in front of you, and something else happens, what are we gonna do then?

Because people have got to be heard in this city for any kind of change to be made.

Thank you, Miss Miller.

Miss Liana Benizia.

What'd you say?

Good evening.

Good evening.

My name is Liana Venezia.

Uh, I work as a public health educator here in Memphis and Shelby County.

Uh, so I have the uh pleasure of being able to speak to parents and children throughout the city uh to help them increase their health literacy.

And I am now hearing parents tell me that they are afraid to let their children leave the house unsupervised, they are not sure what to tell their children what to do, uh, if something should happen while they're outside, because having seen the footage of MPD's violent response to peaceful protest, they no longer trust the police to respond in an appropriate manner when it comes to their children.

And so I really am hearing this and feeling very concerned for the people that I serve.

Uh, and I want city government to know that your response to this matters.

We are watching to see how you will respond.

We have made our demands known.

We need to see accountability.

If this administration is as concerned as it claims to be when it comes to addressing crime in the city of Memphis, we need to be able to trust law enforcement to handle situations appropriately.

If we cannot trust law enforcement, there is absolutely no way that we will ever see an improvement in crime in this city.

So again, I must say, please respond to this appropriately.

Prioritize this as it needs to be prioritized.

Thank you.

Keyshawn Pearson.

All right, T Sean Pearson, uh 38109.

It's been three weeks since I heard the screams that still echo in my dreams.

A peaceful protest was full of love and spirit, and it was met with the full unmitigated pain and harm of the Memphis police department.

Arrests were made, marshals protecting the elderly and children who had marched at a slower pace, were attacked.

It is not a crime to march for freedom.

The lack of procedural justice and de-escalating is why mothers and fathers were tackled to the ground, arrested.

We were terrorized because there is a portal leadership that believes protesting isn't our right.

Several police officers committed acts of violence, grabbing, pushing, spraying toxic chemicals into our faces and into our lungs.

This is violence against the humanity and dignity of the people of Memphis.

My own brother, the representative of Tennessee District 86 was shoved and pushed and assaulted.

Instead of building a platform with fascists and oligarchs who seek to extract from our community, we need leadership that prioritizes people and holds the Memphis police department accountable.

Let's talk about facts, not fear.

Thank you.

Shirley Anderson, Shirley Anderson.

All right, after Shirley Anderson, Richard Massey.

Yes, ma'am.

Mr.

Maxwell, Donnell Maxwell is a man, a black man on his way to work.

A 30 cop.

I proved it.

Sixty-two thousand views on my post.

I took those hits.

They called me everything separately.

Black men, black women when I was only addressing the N double ACP to ask them to check on Mr.

Maxwell.

Because we know how Tyre laid in that hospital, baby.

And all the evidence against him that they was coming up with he's a crack.

He owned drugs, he on that, he won owes shit.

Why is Mr.

Maxwell?

His sister is depending on me.

She don't live in Memphis.

They are from New Orleans.

They was washed here by the storm of the value.

And then God damn it again.

Here go this baby again, terrorized with his life once he had got on his feet and got her pregnant on a job that don't nobody want.

He wanted that job to go to work at nine o'clock at night.

You got a cop.

All you got to do is look at my face.

I got every complaint that that police officer had on him on my face.

67 death and views.

Don't play with me.

Cause when I put up an ass one, I'ma find out what happened.

Now goddammit, I need to know.

It's Mr.

Maxwell alive.

That's what I want to know.

I hear that.

His soul was looking at me.

Oh my family.

And I want to know it's my storm.

Alone!

A ECD.

Did they kill you?

I see we know Miss Please.

What is the type?

What we got to act?

He's on there.

Oh my god.

And I'll start your man!

Because I've got a home chill.

And get up together!

I mean damn that they track this scene without being touched.

If you're taking that, you don't have to kill me.

Thank you.

Mr.

Richard Massey.

We want to know.

Sixty seven thousand views.

Google Cloth Class.

Thank you.

Is he alive?

Is he?

Is he alive?

Is he alive?

Is he a lie?

That's all I'm gonna know.

Thank you.

Please after me.

Mr.

Massey, come on up.

Anything.

Because she don't know nothing.

She don't know nothing to do.

She's from the wall.

She didn't have to do it.

And I'm not so.

If my life depends on him, you got him well.

And he was one of my kids.

Yes, ma'am.

Thank you so much for coming back.

Richard Massey.

Three weeks ago, the community members behind me sent each of you a list of set demands which would hold these rogue officers accountable and establish a precedent of accountability within Memphis Police Department.

Those demands include publicly identifying the officers, disclosing the decision-making process that led to this violence, confirmation that all the footage from this incident has been preserved.

Okay, I'll go.

Stop his give him a couple more seconds.

Okay, go ahead.

Three weeks ago, the community members behind me who come to this body have sent you all through email a list of set demands to establish a precedent of accountability within the Memphis police department.

Those demands include disclosing the decision-making process that led to this violence, confirming that all the footage from this incident has been preserved, a clear timeline for an internal independent investigation outside of MPD, and publicly identifying the officers uh involved in the violence that unfolded.

58 years ago, March 28, 1968, Dr.

Martin Luther King Jr.

joined over a thousand sanitation workers who boldly put everything on the line to go on strike.

The courageous march would take a violent turn once protesters gathered in the historic Clayborn Temple, where Memphis police officers launched gas canisters into the church.

Fast forward 58 years later, on the same day on the same street, Memphians exercise their constitutional right to assembly as a part of nationwide no kings demonstrations involving eight million Americans, only to be met with police officers wielding riot guns and pepper spray, some of whom bearing three percenter patches, which is an identified anti-immigrant, anti-Muslim extremist organization with a history of weapons violations and foaming and terrorist plots.

Officers then began to pepper spray safety marshals who were directing protesters back to Robert R.

Church Park while violently detaining several protesters in attendance.

One of those people affected by the unjust unjust use of force is Lucy Chamberless behind me.

Luci broke two bones in her leg after an injury from helping elders during the ice storm uh when ice came to our city, froze our city over.

Despite her injury, Lucy joined hundreds of Memphis or no kings.

She would be violently detained by four plus officers, intentionally kicked in the leg, and then thrown in the back of a police vehicle before she even understood what she was being arrested for.

These are the same patterns and practices that led to MPD being under a federal civil rights investigation.

And I find it both laughably ironic and dangerously ignorant that Mary Young could praise Dr.

King on the anniversary of his assassination and under the same breath criticize protesters as opposed to the police for what happened or no kings.

But there is something you can do, council, and that is meeting those demands.

Read your emails and uh meet the community where they are.

Thank you.

David Rehane.

David Ram, 38117.

I'm sorry, Mr.

Ram.

I didn't mean to mispronounce your name.

That is all right.

It happens more often than our first article of our Constitution says, verbatim.

The right of the people peaceably to assemble and to petition the government to a redress of grievances.

Now I believe in our constitution.

There are a lot of issues in this country, a lot of difficult things that need to be fixed.

And they've been going back hundreds and hundreds and hundreds of years.

The Constitution says some good things, and this is one of them.

I believe in it.

And so I volunteer without pay on my own time to protect the people that assemble to let their government, city, whatever, know their grievances.

That's our right.

So then No Kings 3 happens, and I'm one of the folks there.

I got my vest on.

Knowing that there are dangers out there.

That's who attacked us that day.

Not from the front, but from behind.

We didn't see them.

We were doing everything that we were asked to do, and us marshals were just trying to slow things down so that those people who were, you know, in the back of the march could get to a place of safety.

I was thrown down, tackled from behind, tossed in a police cruiser, and um checked out by an EMT.

I was driven to uh 201 Poplar, spent uh about 27 hours in there.

That was difficult, okay?

But like, look at me.

I'm a six-foot-four white guy.

It's gonna be difficult to do too much to me.

There are plenty of other people that it will be much, much easier to hurt, to suppress so I do the difficult thing, and I use my voice and my skin.

I'm looking at y'all.

There are a lot of difficult things that we need to do together.

And that's that's the only way we're gonna make it out of this.

You know, I've seen a lot of easy things happen in this city council over this past year and so that I've been coming.

I've seen a lot of difficult things not happen.

Why are we making it easy for these billionaires for Elon Musk to come in here and build what he wants to build?

Why are we making it easy for our mayor to ignore us?

For all of our elected officials to ignore us.

Yes.

We, the people, are getting real tired of it.

Yes, and we need all of y'all, no matter what color you got on your skin, to work with us because y'all are people too.

We elected y'all, and we can vote for somebody else.

Thank you.

Councilwoman Green, you're recognized.

I I'll wait till all the comments are done.

Okay.

Brandy Price.

You're recognized.

After Brandy Price, Dr.

Kimberly Owens Pearson.

Hello, my name is Brandy Price at 316 Silver Age.

I am come to tell you here.

I came here to tell you the people of Memphis are living in fear.

Every average everyday people of Memphis are afraid, not of crime, but uh those people in the back, the police officers.

That's just the truth.

I am one of the protesters uh at uh uh No Kings and uh I I do activism around the city.

I try to help my city, help my community wherever I can.

And every time I'm out or leave my mother's and say, please don't let them get you.

Like literally, that's literally the number one thing in my mom's mind.

Never mind the good that's being done, is uh don't let them get you, don't stand out too much.

Uh they don't want I want nothing to happen to my baby, and it's like a lot of babies go missing in this city, and a lot of people go hurt, get hurt uh just because they come across law enforcement on whatever bad day they uh going through.

And reality is uh if y'all really were so concerned about crime, you would address it in your policy.

Your policy dictates the living economics of the uh every average day people.

We have to live with your choices that you make.

And essentially, instead of y'all fighting poverty, you're fighting the people that you depend on for your taxes.

You have all these flock cameras that take everyone's information and data and literally sell it and trade it, whatever, make money off of it.

Uh, meanwhile, people are uh every day starving.

Y'all like, why is up, what's up a crime?

Well, what's up a crime?

Well, we hungry.

That's what's going on.

People are hungry, we starve and we're put out.

Uh, I want to say this.

Um, the what happened in No Kings again, as uh Miss Uh Christina said, uh, is a pattern in practice.

That is what y'all do.

Uh I I was a victim of it as well uh a few years back, and where officers literally use lethal force for me enacting my uh constitutional uh uh uh rights on the constitution for free speech, literally lethal force, uh uh choking, putting chokeholds which is strictly prohibited on your own policy, like and but yet something nothing's had done, and these people left uh their academy, left the uh department of honors.

Now, uh, how I got this, I'm gonna tell uh other people how they want their information.

If there's any information that they're missing from you, uh I'll say see y'all in court uh because that's that's why I got this.

Yes, subpoena and discovery, uh motion to compel.

There you go.

Thank you.

Dr.

Kenny look at this, Owens.

Can y'all pass this up?

Like literally, that's that's literally left light, lethal, lethal force.

Yeah, can't you?

I think my patients back though.

Thank you.

Thank you, Dr.

Pearson.

Okay.

Um, several people have come up and spoke of their mothers.

I am a mother, and my son, Keyshawn just spoke.

My son, Representative Pearson, Justin J.

Pearson.

He was there with all the other protesters and activists, and it broke my heart.

I don't see how the people who are using their first amendment right, who are fighting to be heard, and fighting for what's right, become the enemies.

I don't understand.

And then the silence of CJ Davis and Mayor Paul Young is deafening.

First thing you say is about a darn permit.

You didn't say anything.

You're trying to side with what's wrong.

Instead of calling them out, call a spade a spade.

We have family who are police.

We have loved ones and friends.

It ain't all the police, but the ones that are bad, take care of that.

Take care of it.

And I think it's egregious and appalling that I didn't hear a lot of people speak up or speak out who hold positions and titles, who represent their constituents.

You just you stayed silent.

Commissioners, city councilmen, everybody.

And then the top notch mayor, you ain't saying nothing.

That's punkish and cowardly.

Speak up for your folks.

They didn't do nothing wrong.

They weren't committing any crime.

But I'm gonna go to my notes because I'm just emotional.

All right.

Um punishment and accountability.

They need to be fired.

Or their pitching pensions taken.

Yes.

They is always this.

They're on leave with pay.

That's a vacation.

That's right.

Come on.

Leave with pay as a vacation.

Seriously.

They literally need.

Ooh, they boy, they push my baby.

Listen.

Let me tell you.

Y'all can't stop none of this crime in these shootings, but you wanna push people who ain't doing nothing wrong.

They need their jobs taken, and I want to see them lined up.

Why do they keep being inconspicuous?

Who are they?

Line them up, have them speak up, say what we did wrong.

We gonna go to extra training.

We got we lost our jobs, but we won't do this again.

Something.

This is up.

This makes no sense.

And we come up here time and time again like y'all don't see us or hear us.

And we're doing nothing but fighting for what's right.

Do what's right and hold them accountable.

Thank you.

Thank you so much, Dr.

Owens Pearson.

Representative Justin Pearson.

We try to yield this time.

Fairfield.

Fairfield.

He said, What?

She wants me to yield this time.

She wants to take his time.

Representative Christmas had to leave.

He tried to yield his time to me if that's possible.

We don't normally do that.

Happy to do that.

Okay, go ahead.

We just got onto it.

Thank you so much.

Sarah Houston 38103.

Council, y'all probably know why I'm here.

Um XAI water reuse facility has been put on indefinite pause.

Before I go into that, I do want to acknowledge the great group of folks who are here today speaking on this MPD issue.

I was also at the No Kings protest.

It was a really unfortunate day, but this should not become as a surprise because the DOJ released a federal report in 2024 that made this all very clear.

This is a normal practice of MPD.

MPD is probably one of the biggest gangs we have in this city.

So now I come before you today because XII leadership is making the decision to pause the water reuse facility, and it's a major setback for Memphis.

This project is central to protecting the drinking water supply for 38109 and also getting TVA off the aquifer.

Remember, that was a huge part of this.

They are a major industrial user of our drinking water supply where we know there is toxic coal ash, there is TCE, there's arsenic sinking towards a drinking water supply.

We are re approaching the one-year mark that this council approved the land sale agreement.

Mayor Young signed that May 16th, 2025.

We have like one month.

And so we are calling on this body to hold a public hearing, and we want attorney, we want attorney Wade to weigh in on this reversion clause.

Councilwoman Janika White worked really hard on that.

We tried to get some legal provisions in this land sale agreement because we knew something like this that we are dealing with today with XAI water was bound to happen.

So we need y'all to leverage your power, help us understand what is in that contract.

What leverage do we have left with the land sale agreement?

And we need to continue everyone pushing on all fronts because we want to see not only this water reuse facility, we want to see these gas turbines come down at XAI1.

We want to see the solar panels go up.

They are going up.

We need to see them finish up, get off of the gas turbines, and then XAI1 will be the sustainable data center they promised us nearly two years ago.

So we're asking due diligence from this body on the land sale agreement from 2025, and we literally have one month to figure this out.

Thank you very much.

Thank you.

Are you in the cue?

All right.

Lucia Changless and Lucy.

Lucy.

Please forgive me if I mispronounced it.

Is it Lucy?

My mama misspelled it.

It's all right.

Uh you can just call me L.

Chamblist.

3811.

I didn't want to be here tonight.

I really don't like hanging out with y'all, no offense.

Um I do find it interesting that our gubernatorial candidate was able to prioritize this meeting and stay to listen to her constituents.

Uh I I manage a congressional campaign.

I understand how busy campaign season is, and I appreciate that you're still here.

Uh I hope that you will shame the rest of your comment uh colleagues, especially ones who ran on reforming the police and can't be bothered to stay.

So on the 58th anniversary of Dr.

King's last March, I attended a protest here in Memphis.

That in March, y'all might have seen me limp up here with my crutches because I broke my leg because of actually y'all's failure to do your job.

Wish we had some mom Donnie energy here in Memphis.

During that ice storm when mom Donnie was paying folks $30 an hour to get the streets and the sidewalks cleared.

Y'all were sitting on your hands.

While we couldn't go to work for two weeks, this city, this city that lives paycheck to paycheck, barely making it, couldn't go to work for two weeks.

Y'all sat here collecting y'all's checks, couldn't do anything to get the roads cleared.

That same ice y'all said couldn't come off the roads, was coming off the private prop properties, coming off the private parking lots.

Crazy.

So I came across an older woman who lives at Memphis Tower.

She was standing in the middle of the road on a sheet of ice looking scared as hell.

I pull up and ask her what she's doing.

She said she she ran out of food.

She's trying to get to the church down the road to get a plate.

She got scared.

She's she got out into the middle of the ice and she was scared.

Didn't want to keep going.

So I got her in my car, got her a plate of food and told plate of food and told her I'd be back with groceries.

For those of you who are not invested in this city, which seems to be most of you, Memphis Towers is a low-income senior citizen's apartment building.

Okay?

So you have low income meaning they don't have money and are probably relying on public transportation, and you've got senior citizens, meaning they probably have mobility issues.

So I decided since y'all won't do y'all's jobs, I'll take it on me to clear this ice so none of the old people fall and break their legs.

That's the day I found out I was an old person.

So I clear the ice, I go down to the protest.

I don't march because I have one leg.

I go to greet them.

Most of them are back in the park already.

And then a lady gets tackled in front of me.

And I'm like, what the absolute fuck is going on?

If y'all didn't kick her out, don't kick me out.

So I'm trying to get this lady up, and I get swarmed by y'all's other, y'all's little employees, pushing me, pulling me.

A lieutenant got in my face and shoved me.

And I told him to get the get his fucking hands off of my body.

I said I have one leg.

Do you not see this?

I have one leg.

He continued to push me.

And then, and this is all on body cam.

It's on my phone, Cam.

It's on channel 24, live streamed it.

So y'all can go watch this.

If you haven't done that already, which you should have.

So they're grabbing me.

He tells his little goons to come get me.

I've got four or five guys grabbing me.

My hands are in handcuffs before I even know what's going on.

While they have my hands handcuffed, they're still screaming at me to give them my arms.

What the fuck did y'all put in handcuffs?

So then they take me and get me into a car, and this little ugly fella, Carlton Smotherman, drove like a maniac to Crump Station.

And if you pull the video from his patrol car, you can hear me ask, are you driving like this on purpose?

You realize I'm unrestrained.

I had bruises all over my head, bruises all over my arms, and I'm gonna I'll email y'all the pictures of my bruises because it's insane the way that they treated me.

I didn't hear that.

Uh I will say, appreciate Councilman Smiley for making sure that they didn't actually charge me with anything.

MPD just did a little like kidnapping.

Ain't that something?

I wasn't detained because they took me to another location, but they didn't charge me, so I wasn't arrested.

So just a little bit of kidnapping.

That never hurt nobody, huh?

All I could think about was Renee Good.

Is this is my mom about to get a call because I went to a peaceful protest?

That I'm dead.

And I came here to talk about the budget.

A little disappointed I had to freestyle.

But you know, when those guys, when your little goons jumped on me, they were kicking me in my very obviously broken leg, kicking me in this boot.

And I I don't care.

Y'all got this city in a chokehold with poverty and won't do shit about it.

Ain't no different from y'all's little goons kicking folks in their broken leg.

I don't expect much from y'all.

Well, I expect something from y'all that stayed.

I generally don't expect much from this council, but y'all have an opportunity to not do the same goddamn shit that this fucking city has been doing for years and years and years.

And not made any changes.

Thank you.

Or Dave Williams.

Dave Williams, not here.

Let's go.

My name is Dave Williams, 3811.

Um, I was one of the marshals that was arrested.

And luckily, thanks to JB Smiley released on No King's Day.

I was honestly, I had just had surgery two weeks ago, before, two weeks before, No King's Day.

So I was on light duty.

I was actually at the park monitoring comms while most of the safety marshals were accompanying the march.

I ran up to greet the march because I heard on the radio that MPD was going to let the march finish.

They were gonna let everyone get safely back to the park.

And that calmed us down a little bit.

So we were not worried about everybody getting back safely because we had word that we were supposed to be able to do that.

I go to greet the march to help guide people out of the street.

I turned, look to my right when we had maybe 15 stragglers left in the street, and all of a sudden my fellow marshals are being attacked.

My partner is being grabbed and sprayed directly into the face all the way to the ground.

I forgot all about my surgery and that I was on light duty because all my brain said was protect who I can protect.

My job there as a safety marshal is to keep people safe, and that is in each other, but especially our marchers.

I got my partner to the medics, but I grabbed my PPE and I went back because my goal was to keep the citizens safe that came to that march.

The same citizens that were so angry about how MPD escalated things for no reason, they poured back into the street.

So when we're talking about the incompetence of the MPD, they did actions that day that were counterproductive to their own goal, and then proceeded to uh tackle and arrest people, safety marshals who were actively telling people to get out of the street.

I was released that day because he had no good justification from why he grabbed me from behind.

I said I wasn't resisting multiple times.

I gave him my other arm, he dragged me around and put me to the ground on my belly anyway, where I had surgery.

When they carried me part of the way to the car, I was choking the whole time.

I told them in a wheezing breath, and I know that they heard me because one of them said, No, you're not.

When they put me on the ground, they took off my PPE saying, Well, you said you couldn't breathe, which allowed all the pepper spray in the air to get back into my eyes.

I'd already gotten sprayed once when I went to grab my partner off the ground and get him to a medic.

I told them over and over again, I was trying to help you get people out of the street.

Why am I being arrested?

I was told I was being detained.

I was handcuffed, I had the pepper spray in my eye, couldn't see, and next thing I know, we're moving.

I wasn't told that I was being arrested.

I wasn't told that anything had changed with the detainment.

All I know is I'm going somewhere.

We get to a place, we stop.

I hear him get a call on the radio saying he has to bring us back to the park.

So again, I still can't see.

I feel the car move again, we head back to the park.

By the time I could actually open my eyes and see what was going on, we were almost there.

He clearly did not justify his situation well because I was I was released.

They gave me my stuff back.

But see, the problem I have with this whole situation is that when before I got out the car, before they took my cuffs off, I heard a police officer outside the car saying, that was chaos, but we did a great job.

There was literally no chaos before MPD caused chaos.

And we already know that MPD has a long history of acting the way they do.

You say you want peace in this city.

You had a peaceful protest.

We should riot every day if we were actually gonna act like we should act with the disfatis dissatisfaction we have as citizens of this city.

That's right.

Y'all are lucky that we have been trying to plan small, peaceful actions.

And on top of that, it was a national day of protest.

They had protests all across this country with way more people than we had in the street, and their police found a way not to act like this.

But our police have an ego problem.

And ever since this Memphis safe task force came to town, they I think they have been emboldened.

They were acting like that day.

They were acting like they were ice up there in Minneapolis.

And if we do not have accountability and justice for this officers, they're gonna continue to act like they're ice in Minneapolis.

And as if they do not have laws, is if they do not have any rules or any restrictions they have to follow when it comes to policing the citizens in this city.

Only people who cared about safety that day were the safety officers.

The only bravery I saw that day were the safety officers.

And the citizens that stepped into that street angry because of what those people did.

I do not want a police department full of cowards who cannot look at a peaceful protest and not bring out weapons.

Thank you.

Thank you, thank you.

All right.

Last but not least, Mr.

Joseph Kent.

Are you left?

Okay.

Fairfield.

Oh, Miss Fairfield came back.

Come on, Miss Fairfield.

Hi, I'm Joy Brook Fairfield.

Do we still give our address zip code 38104?

No, just talk to her.

Great.

Hi.

Hi, I'm a college professor, so please forgive me while I give a small history lesson.

Hopefully everyone in the room knows this already, but it seems like maybe we've forgotten.

So in December 2024, Biden's DOJ Civil Rights Office released a pattern or practice report about MPD.

It's called pattern or practice because they found incontrovertible evidence of the pattern and practice of conduct that violates the U.S.

Constitution and federal law.

Through this investigation, they looked at body cam footage, they did write-alongs, they went to a lot of cop trainings, et cetera.

And they found two particularly important things that I want to bring up today.

Uh, while we still have in our ears the comments that were just recently made by my comrades, they said one, they found that the MPD, quote, habitually used excessive force on handcuffed and restrained people.

We saw that.

We saw that in No Kings, right?

They all they also said that the supervisors almost never held officers accountable or punish them for breaking the rules.

That's another thing that we have seen consistently.

The DOJ called for extreme reform, quote, quote, not small changes but big changes, and they suggested if we recall a consent decree, which is essentially putting MPD on probation and making sure that they have to report to the federal government how they are doing.

We all then I hope remember that Mayor Young did not agree to this consent decree, calling it costly and bureaucratic.

He said that in that that instead they were gonna work on an effective improvement plan that transcends what is undoubtedly a bureaucratic and costly consent decree.

So, where is that effective improvement plan that transcends what the DOJ suggested?

Uh Young, yeah, Young said the following.

He said, We believe we can make more effective and meaningful change by working together with community input.

So we're here, we're the community, we're the community input.

We would like to be invited to the table to have this conversation with Mayor Young.

We don't know why he refuses to continue talking to us.

We all know how the story ended.

Trump came to power, closed the investigation, rescinded the findings.

My question for you is do you stand with Trump here, disavowing the results of the study, or do you stand with the people?

I'd like to end with the works of the words of the DOJ Assistant Attorney General for Civil Rights.

She said, the misconduct that we observed offends the dignity of Memphis residents.

The people of Memphis deserve fair, transparent, non-discriminatory, constitutional policing and nothing else.

Thank you very much.

Councilwoman Jair Green, you're recognized.

Thank you, Chairwoman.

Thank you for everybody who showed up today and for your comments, especially those of you who were there exercising your First Amendment rights.

I wasn't there because I was in Nashville at a different No Kings Day, and then I went to two other ones in Middle Tennessee.

And I think it's important in this day in time in our moment of history that we all speak up.

I agree with you that we need more transparency and we need timelines.

So I want you to know right now, right here today, I am calling on our public safety chair, uh, councilman Ford Canale to put on next committee meetings agenda.

CJ Davis to come before us and answer the four the four demands that you have iterated in your emails.

Um I do understand that we may get pushback from the administration.

I have spoken with city attorney Tenera Gibson.

She has advised me that the ACLU has filed suit on the consent decree, and that she may then advise CJ Davis whether she can speak or not.

But if that is the case, then she needs to come say that again in committee.

And for us to have a clear timeline of when those will be put in place.

I think that is the very least we can ask.

Suspend them all.

And so I will say to you, um, those of you who uh say um that these are these are our officers, or that we should take action on suspensions.

Please understand we don't have that authority, but we do have the authority to bring them in to get your questions answered to get our questions answered.

Along the mayor has that authority that this is part of his administration, and so he is the one who then appoints CJ Davis, who then does hiring and firing, who does personnel issues, um, works through HR issues.

Um similarly, Miss Houston.

I am also concerned about the Greywater facility, and I know there are other council members that share my concern.

I have been in talks with MLGW with um the Memphis chamber with the mayor about coming before us and giving us some answers.

I was given a contact with the government relations person of SpaceX.

I plan to call them later this week.

I've been here all day, and as somebody else mentioned, I am a little busy right now.

But I plan to call him and ask him to come before committee alongside the administration again to give us clear answers and timelines.

I think it's really important for us on this council to have those answers for you and to have timelines so that we can continue to call them forward.

I recall the the Sheraton Hotel deal, and we were told that we had to get it done, had to get it done, or it was going to go on the auction block, and then it didn't, and it didn't, and it didn't.

And once we started pressing them on a timeline and holding monthly meetings, only then were we able to get the deal done.

So I want you to know that uh that will be in my committee as soon as I speak with the representative from that organization and get a date on when they can be here.

But I'm asking the chair of the public safety committee to put this in his committee at the next one.

Again, that will be up to that person, that chair and whether they approve it or not.

Um I am deeply sorry for those of you who were harmed, who were injured, who um were wanting to peacefully protest and had that day go so terribly wrong.

You have a First Amendment right.

I am an attorney.

There are other ones up here, and I will defend your rights under our constitution.

Thank you.

Councilman Smiley, you're recognized.

Absolutely.

First, I want to just echo the sentiments of uh councilwoman Green.

So, first of all, just thank you for for being here being present.

It's different from when I speak about what I saw, and when you come here and articulate what you witness or what you had done to you, uh, particularly to the council members, because I can say something all the time about what I saw, and a lot of times they believe my view may be jaded, but for you all to come here, um, take time out your day to just let us know what was going on.

It means so much.

But also, uh just like councilwoman Green, I'm not sure if you will ever get an apology from the administration, but those council members that are here, and maybe a few that are not here, I want to say we are deeply sorry about what transpired.

Like deeply sorry about what transpired.

Also, um, you know, there's limits to what this body can and cannot do.

But during the um Tyree Nichols ordeal, this body enacted ordinance 8852.

It was actually sponsored by me and councilwoman Logan, which allows the council to get access to certain body cam footage.

What I was doing here, I was having a conversation with attorney Wade to see if this um ordinance that we implemented during Atari Um Nichols situation that has it been preempted by state law.

You know, the Nashville legislators put laws in place to limit what this body can and cannot do.

So currently we're going through the process to see if this law um is preempted.

If it's not preempted, I think you have uh avenue to get access to some of the body cam footage you all have been requesting.

I'm again give you the ordinance number.

Uh ordinance 88.

Okay, I can't read.

5852.

Um it's pretty bad.

5852.

But again, thank you for being here.

Uh I often say um when I was the chair, I think governments works best when we have active participation from the community members.

So keep showing up, keep letting your forces be heard, and throughout it all, I will do my best to be approximate with you all during this process.

Thank you all.

Thank you, Councilman Smiley.

Thank you, council and staff, and we appreciate all of you for coming out.

We will now entertain a motion for adjournment.

I'm in the queue.

Oh, okay.

Councilman Walker, I'm sorry.

Go ahead.

Thank you, madam chair.

I just want to thank you all for coming out today and um sharing your concerns, your experiences.

Um, I was there that day, I did attend the rally, was not able to um continue on with the march because I had another activity, but I was just really shocked and saddened by what happened, and I was thinking um, I was concerned for the individuals who um were affected and injured and arrested, but I was also thinking, wow, what if I had been down there?

Um but moving forward, just know that we appreciate you all and we do care and just don't let this be your last time.

Thank you all so much again, and I yield the floor.

Motion to adjourn.

All right, we are adjourned.

Thank you for the sixth state.

Six council people.

We have form again.

Yeah.

Never mind.

What member?