Time to consider a path for Nashville bars to reopen safely

In late May of this year as the murder of George Floyd spurred the "Black Lives Matter" protests across the nation, Nashville Mayor John Cooper piously cited the First Amendment as a justification for allowing large numbers of people to protest during the COVID-19 Phase 2 of reopening that limited gatherings to 25 people or less. 

He then proceeded to personally join a protest that began well enough other than to blatantly violate his own coronavirus guidelines. As we are also aware, this peaceful protest also led to a debacle that in my view should never have happened. Allowing rioters to vandalize the Metropolitan Nashville Historic Courthouse (including a major local civil rights memorial) and to briefly terrorize the city is without excuse. And though Cooper is qualified, competent, and talented in his job as mayor, I believe that he shoulders part of the blame for the vandalism that embarrassingly led to police being overwhelmed and Lower Broadway businesses being affected by broken glass and other needless destruction at points of entry and beyond. 

As we all know, Phase 2 became Phase 3 in late June, but we quickly reverted to Phase 2 when the COVID-19 case numbers spiked badly. Bars in town quickly became scapegoats for the wave of infections across the country that hit a number of states badly, i.e. Texas, California, Florida, Alabama, and our very own Tennessee. And bars were closed here in town.

When pandemic numbers spike, the media feeds an unnecessary frenzy and leads to calls for action. So government officials feel that they must act for the sake of acting. And John Cooper is highly vulnerable to this.

I do not focus my law practice on government matters. But from my understanding, the local mandates come from our health department. The mayor has no actual authority to implement public health orders. All too often during the pandemic, authority in Nashville has been blurred. Cooper wants something done, and the health department follows his direction and encouragement. Not sure who hires and fires the health director, but the mayor does not issue public health orders. The director of schools decides about schools. But in this town, public perception is that the mayor runs it all.

And that is not good. Of course, our response should be unified, and our government branches should work together. But if the mayor really isn't making the calls, he or she should not act out of turn.

But back to the bars: I get it. Drinking and socializing are not considered as essential in this era of our lives. And social businesses such as this may not be top priority. 

Public health officials tell us they are making all decisions with our health and safety as top priority. Whatever - I am not buying it at all. Politics and money are the top priorities. Whatever makes the most sense politically is what will get done with consideration of health and safety. 

The economy can be its own public health and safety nightmare if left unattended. And the economy must be balanced with the dangers to public health. We badly need for Nashville tourism to stay viable. We badly need for Nashville business in general to stay viable. That means bars need to be open. Perhaps they should close earlier than the normal 2:30 a.m. "last call". They definitely need to be reminded to follow all guidelines. There is no reason for photos on social media to surface with huge crowds violating every guideline we have late at night. But the sins of one bar should not lead to the closing of all bars in town. Bars can and should be allowed to operate safely. If one bar will not do so, close it.

During the initial "Phase 2", bars were cleverly allowed to operate as restaurants. Tin Roof and other locations pulled this off marvelously, pushing tables up against the bars, spreading out the crowd, and enforcing capacity limits.

Since the bars were closed just before Independence Day, COVID-19 numbers in Nashville have not returned to their former standing. Slight improvement has come in recent days - SLIGHT. But not enough to justify the stoppage of business and livelihoods.

The First Amendment will be invoked again on Monday, August 3 with a "Rally to Re-Open Nashville" staged by service industry workers who work long and hard to earn their pay and to put lots of pay into the local government treasury. Given the huge Cooper-inspired property tax increase, the treasury is hurting. COVID-19 is spreading due to widespread irresponsibility and lack of focus in our general population. Blaming the bars is convenient. But it is not right. 

The stated goal of Monday's rally is not to engage in inappropriate and crass bashing of Mayor Cooper but simply to open up some dialogue about getting back to work.

And if Mayor Cooper believes in the First Amendment, hopefully he will listen.

James A. Rose

Publisher