Challenge "Guns-in-bars" Law: Nashville attorneys David Randolph Smith & Adam Dread

Originally Posted by Worriedman

Excellent point.

I have been seeking to get guest spots on local talk radio. Have been successful with The Frankie Lax Show on WTJS 105.3 and Dan Reaves on 101.5.

Both are willing to help get the truth of the laws out, and allowing the listeners to hear the facts.

When are you going to be on? I will try to listen in. I do listen to both those shows when I am around a radio.

Next time is the Frankie Lax Show on June the 30th. Kind of doing double duty, set to prompt for the Tea Party on the 4th, (I am doing the Section on 2nd Amendment) as well as do an update on Legislation and Q&A.

Restaurateur ready to challenge ?Guns in bars? | Nashville City Paper: Nashville's Online Source for Daily News

Tuesday, June 30, 2009 at 2:45pm

Nashville Attorney David Randolph Smith officially will file a lawsuit Wednesday challenging the guns in bars legislation passed by state Legislators a few weeks ago.

Smith plans to file the suit at 10 a.m. in Chancery Court in the Metro Davidson Courthouse on behalf of 10 Tennessee citizens with Nashville restaurateur Randy Rayburn as the lead plaintiff.

Rayburn, owner of the Sunset Grill, Midtown Café and Cabana, along with 9 others is suing the State of Tennessee (Attorney General as defendant), challenging the legality and constitutionality of Public Chapter 339 which permits the carrying of loaded concealed firearms by permit holders into all restaurants and bars that serve alcohol.

The suit is asking for a temporary restraining order and temporary and permanent injunction to stop the law from taking effect on July 14.

The plaintiffs will allege that the bill is illegal on eight counts. Among them being, that the law is an unlawful public nuisance that threatens the life, health and safety of the public, as well as violating due process and increasing civil liability for the restaurants.

Plaintiffs claim it also violates Tennessee's Occupational Safety and Health Act that expressively requires as a matter of federal and state law that employers provide a safe work place for employees. While a permit holder cannot drink alcohol while carrying a loaded weapon in a bar or restaurant, the new law doesn’t stop that person from having previously consumed alcohol.

Originally Posted by threeshot

Restaurateur ready to challenge ?Guns in bars? | Nashville City Paper: Nashville's Online Source for Daily News

Tuesday, June 30, 2009 at 2:45pm

Nashville Attorney David Randolph Smith officially will file a lawsuit Wednesday challenging the guns in bars legislation passed by state Legislators a few weeks ago.

Smith plans to file the suit at 10 a.m. in Chancery Court in the Metro Davidson Courthouse on behalf of 10 Tennessee citizens with Nashville restaurateur Randy Rayburn as the lead plaintiff.

Rayburn, owner of the Sunset Grill, Midtown Café and Cabana, along with 9 others is suing the State of Tennessee (Attorney General as defendant), challenging the legality and constitutionality of Public Chapter 339 which permits the carrying of loaded concealed firearms by permit holders into all restaurants and bars that serve alcohol.

The suit is asking for a temporary restraining order and temporary and permanent injunction to stop the law from taking effect on July 14.

The plaintiffs will allege that the bill is illegal on eight counts. Among them being, that the law is an unlawful public nuisance that threatens the life, health and safety of the public, as well as violating due process and increasing civil liability for the restaurants.

Plaintiffs claim it also violates Tennessee's Occupational Safety and Health Act that expressively requires as a matter of federal and state law that employers provide a safe work place for employees. While a permit holder cannot drink alcohol while carrying a loaded weapon in a bar or restaurant, the new law doesn’t stop that person from having previously consumed alcohol.

The simple inaction of not deploying metal detectors at the door to stop illegal carrier is also not complying with that law. Should there be another law to require metal detectors, or should the state go around levying fines against those who don't use them currently?

I really wish I hadn't shaved this morning now. Between this and that leftist asshat Franken going to get seated in the Senate, I would have been two days closer to becoming Taliban.

In the end...I really don't feel this lawsuit has much merit...but then again it doesn't really matter what I think.

The biggest think I'd had to see is an injunction.

I don't see how this can hold up in court. No where in the law does it say they cannot post. Douchebags unite!!

Originally Posted by Fallguy

In the end...I really don't feel this lawsuit has much merit...but then again it doesn't really matter what I think.

The biggest think I'd had to see is an injunction.

You just know they'll find some leftist nutjob judge that will put an injunction on it, probably over the employee issue, just like how National Park Carry got derailed.

I'm done giving a crap about the law if this goes forward.

Here's a more detailed version from the Tennessean...

Randy Rayburn to file suit challenging guns-in-bars law
PUBLISHED BY RYAN UNDERWOOD ON JUNE 30, 2009 IN POLITICS.

Nashville restaurateur Randy Rayburn announces that he’ll file suit in Davidson County Chancery Court in an attempt to block the newly passed state law that allows guns in restaurants that serve alcohol and in bars. The law is set to go into effect July 14. Full press release after the jump:

On Wednesday July 1st, 2009 at 10:00 a.m., Nashville Attorney David Randolph Smith will file a lawsuit in Chancery Court on behalf of 10 Tennessee citizens with Nashville restaurateur Randy Rayburn as the lead plaintiff.

Rayburn, owner of the Sunset Grill, Midtown Café and Cabana, along with 9 others is suing the State of Tennessee (Attorney General as defendant), challenging the legality and constitutionality of Public Chapter 339 which permits the carrying of loaded concealed firearms by permit holders into all restaurants and bars that serve alcohol. The suit is asking for a temporary restraining order and temporary and permanent injunction to stop the law from taking effect on July 14th.

The plaintiffs will allege that the bill is illegal on eight counts. Among them being, that the law is an unlawful public nuisance that threatens the life, health and safety of the public, as well as violating due process and increasing civil liability for the restaurants as well as violating Tennessee’s Occupational Safety and Health Act which expressively requires as a matter of federal and state law that employers provide a safe work place for employees. While a permit holder cannot drink alcohol while carrying a loaded weapon in a bar or restaurant, the new law doesn’t stop that person from having previously consumed alcohol.

“Tennessee liquors laws do not differentiate between bars and restaurants,” says Attorney David Randolph Smith. “All nightclubs, cars, and bar areas of restaurants that presently serve alcohol (until the wee hours of the morning) are licensed as “restaurants.” Therefore once this becomes law, Tennessee will become the first state in the union to ALLOW loaded concealed firearms by permit holders in bars.

“In reality, NONE of the 38 states identified by the National Rifle Association and the law’s proponents expressly permit guns in bars and fourteen of the 38 states identified by the NRA and the law’s supporters expressly prohibit loaded guns in bars or bar areas.”

Tennessee will also be the first state in the nation to decriminalize bringing a permitted firearm into a drinking establishment that posts a notice forbidding guns.”

Former Metro City Councilman Attorney Adam Dread, himself a member of the NRA, will serve as co-counsel to Mr. Smith on this case. The plaintiffs are supported in this suit by the coalition SMART-Safe Merchants and Restaurants in Tennessee- a group of business owners that have joined the fight against the new bill. Meanwhile a statewide grassroots effort to educate the public about the dangers of this bill is picking up steam through the web at gunsandalcoholdontmix.org, and the social media platform facebook.

Immediately following the filing, Attorney David Randolph Smith, Randy Rayburn and members of SMART will be available on the Davidson County Courthouse steps to answer questions. Copies of the lawsuit will be made available at that time as well as online at www. drslawfirm.com/gunsinbarcomplaint.pdf

I wonder if we can get the NRA to kick that douchebag Dread out?

"Tennessee will also be the first state in the nation to decriminalize bringing a permitted firearm into a drinking establishment that posts a notice forbidding guns.”

Well that is just wrong...it will be crime if the place is posted.

To be honest this just seems so unreal to me.....I mean how can there be such a group of misguided, uniformed zealots?!?

I mean we have disagreed about some things on this board, but as long as both sides made logical, intelligible arguments you could at least respect the other persons opinion, even if you didn't agree with it. But these arguments are just made up of falsehoods and lies....how do you argue with that?

Ladies and gentlemen please pray this is assigned to a judge with common sense and this is dismissed before it can really get any traction.