A judge's ruling that strikes down Tennessee's so-called guns-in-bars law won't bother some local restaurateurs.
"I don't think it's going to change anything," said Scott Wojtalik-Courter, owner of Pisa Pizza in North Chattanooga.
He thinks guns should not be brought into restaurants and this summer posted a sign outside the Pisa Pizza banning customers from bringing weapons inside the building.
"I don't want anybody feeling like they're free to come in here with a gun," he said.
The new law allowing people with handgun permits to be armed in bars and restaurants that serve alcohol is unconstitutionally vague, Chancellor Claudia Bonnyman ruled on Friday.
She said the law, enacted earlier this year over the veto of Gov. Phil Bredesen, is "fraught with ambiguity."
Supporter Rep. Gerald McCormick, R-Chattanooga, disagrees with the judge's assessment.
"I thought (the bill) was pretty clear myself," he said. "We'll go back and look at the decision and re-word the law."
The judge ruled after an hour of arguments in a lawsuit brought by a group of plaintiffs, many of them restaurant owners.
Tennessee previously banned handguns in all locations where alcohol was served. The new law made an exception for establishments that serve at least one meal on five days per week and that "the serving of such meals shall be the principal business conducted."
Plaintiffs' attorneys argued that it would be difficult for patrons to know what restaurants met the exceptions, which would put them at risk of breaking the law.
"What citizen could ever know that?" attorney David Raybin asked during the hearing. "It's criminal if you make the wrong choice."
However, Assistant Attorney General Lyndsay Fuller Sanders said patrons who have concerns "can just ask."
Sharon Curtis-Flair, a spokeswoman for the state attorney general's office, said attorneys will study the opinion and decide whether to appeal.
Rep. Curry Todd, a main sponsor of the measure, said he plans to "re-pass" legislation in January to fix any legal problems.
But Sen. Andy Berke, D-Chattanooga, who opposed the legislation, said he hopes the Legislature will not be re-address the bill next session.
"This (has) obviously been a contentious issue," he said. "We've spent as much time on guns and bars as we need to."
Senate Minority Leader Jim Kyle, D-Memphis, said in a statement he was pleased with the ruling "because alcohol and firearms do not mix."
Sen. Kyle noted that although he supports the Second Amendment, he opposed the law.
"In the Wild West days of Dodge City, you had to check your guns at the town limit so you would think in the twenty-first century, common sense would tell us we should not allow guns in bars," Sen. Kyle said.
Neither Chattanooga Police Chief Freeman Cooper nor Hamilton County Sheriff Jim Hammond had heard about the ruling Friday.
Chief Cooper said he was not aware of any incident in the city involving a gun in a bar or restaurant since the law took place.
"We will enforce the law that was enacted until a time that it is changed," he said.
Many restaurants across the state opted out of the law under a provision allowing them to do so. The legislation retained an existing ban on consuming alcohol while carrying a handgun.
Allison Sweatt, a manager at Hair of the Dog Pub, said the judge's decision makes sense.
But the law allowing guns in bars and restaurants hasn't been an issue at Hair of the Dog, she said.
"We haven't seen anybody coming in here carrying a gun," she said.
While Big River Grille corporate officials did not wish to comment on the judges decision, the restaurant does have signs posted outside banning guns from the building.
"We want to make sure everybody feels safe in our family environment," said Kelly Wilson, a spokeswoman for the restaurant's management group, Gordon Biersch Brewery.
Plaintiffs' attorney David Randolph Smith said Chancellor Bonnyman's ruling will stand unless overturned by an appeals court or the Tennessee Supreme Court. However, he said the state Legislature could pass a new law.
Sen. Doug Jackson, D-Dickson and the chief Senate sponsor, said he expects the law to be restored either through appeals or through legislation.
"I anticipate the first of next week you're going to see legislation filed and we'll establish a clear standard," he said.
FAST FACTS
* More than 257,000 people have handgun carry permits in Tennessee.
* Tennessee's law took effect July 14.
* Thirty-seven states had similar legislation at the time.
Source: The Associated Press.
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Liberal judge coundn't see dung if she stepped in it. Pisa Pizza, if I decide to come to your dive, I will carry and since you won't know anything about it you won't be able to whine. Just remember, when to nutcase gunman goes off, and seconds count, the cops are only minutes away.
I'm confused. Your headline says one thing and your first line in the story says the opposite????
OK, this story said the first thing that makes the judge's ruling make some sense.
It said permit carriers would not be able to distinguish between establishments which qualify as acceptable places to carry. It might also be hard for some businesses to know if they qualify, since sales may vary year to year.
The easiest way to remove all doubt is to allow them everywhere, in all eating and drinking establishments (unless the restaurant drops out).
On another note,
enufisenuf is already threatening to break the law! So much for the law abiding nature of gun permit carriers, assuming he's a permit carrier.
Make ALL guns illegal and we won't have to waste time debating where people can carry them.
This idiot from Memphis needs to go back and pick up his brain wherever he checked it in. Check with the Memphis Chief of Police and find out how many shootings in Memphis this year were by Carry Permit Holders.
Chief Cooper has had no problems.
sen. berke doesn't believe in our Second Amendment Rights.
Sen. McCormick please rewrite the bill without opt-Outs and plain enought for the liberal judge to understand.
Carry Responsibility!!!
Why was this waste-of-time case ever brought? Restaurants (NOT bars which were off-limits anyway) could always opt out simply by posting a sign. Was that too much trouble for them? Or were they just afraid to take a position?
BTW dl - still like to know what you want to outlaw next.
"Rhea man charged for killing friend with hunting knife"
What this is really about is restaurant owners who are too chickens*** to hang a No-Guns sign on their doors because they know they will lose business when the patrons find out they do not support Constitutional rights.
Good luck with the judicial overreach.
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moonpie wrote,
"The easiest way to remove all doubt is to allow them everywhere, in all eating and drinking establishments (unless the restaurant drops out)."
This is likely the direction the legislators will work toward. It hasn't caused many problems in many other states.
enufisenuf,
Dude. Buddy. Fellow carrier of steel. Remember the movie fight club? Remember the rules? Here's an updated version.
Rule #1. Don't talk about breaking the "law".
Rule #2. Don't get caught breaking the "law".
Rule #3. Concealed means more than just keeping private items out of sight.
(Yes I know that no one will ever know...unless you tell 'em in an open forum on "teh interwebs".)
On the other hand, if you are openly advocating civil disobedience in the face of unconstitutional "laws", I'm with you. You could get lucky and have jury of people like me who wouldn't convict you even if you were caught on videotape carrying a .50 Desert Eagle into the roughest bar in town and stood before the court and admitted it as well, but don't bet on it. We have other ways of securing our rights, don't be working against us by scaring the sheeple.
Moonie, when they try to make criminals out of the law abiding ones, then I will carry where ever I deem nessecary if for no other reasoon to protect myself and my family'
Scotty, While I understand what you say, had we had that attitude in the mid 1700, we would still be subjects of the king and queen. I advocate whatever becomes nessecary to prevent us from becoming subjects. We either hang together or hang seperatly. I do not trust my government to act in my best interest. Perhaps if more people were scared about what will happen on the current course, more would act in accordance with the will of the people instead of the fear of the ignorant.
enufisenuf wrote - "I advocate whatever becomes nessecary to prevent us from becoming subjects. We either hang together or hang seperatly. I do not trust my government to act in my best interest. Perhaps if more people were scared about what will happen on the current course, more would act in accordance with the will of the people instead of the fear of the ignorant."
This statement stinks of revolution and anarchy. I feel your frustration and your since of powerlessness. Having a gun might make you feel more powerful but its not going to change the political climate in Washington, votes will. You are the 'poster-child' for what the Left wants to use to scare the heck out of moderates and Independents. I agree with your overrall position (2nd Ammendment), I do not agree that firearms should be allowed in bars, airplanes, schools or playgrounds. I have no problem with concealed or open carry in state parks. These are my opinions.
enuisenuf wrote,
"I advocate whatever becomes necessary to prevent us from becoming subjects. We either hang together or hang separately. I do not trust my government to act in my best interest."
I do share the sentiment, as did B. Franklin.
It isn't quite go time as of yet. When it is, you and I will be on the same side of the line.
FWIW no one has ever noticed my concealed full-size autoloader, which I carry EVERYWHERE I go unless there is a manned metal detector.
Almost no one even notices when I open-carry. Such are the observational skills of the average citizen.
SeaSmokie, absolutly stinks, but I believe, especially in this administration, that the government no longer hears the paople or represents them. Britian didn't listen to the colonists and it couldn't be settled by votes, history does repeat itself and I don't care to sleep thru it. Time to open our eyes and save what we can.
My gun does not make me feel powerfull but it does not give me a sense of being powerless either. If the criminal cares not to shoot people in schools, parks, military posts or where ever, I care not where I defend myself either. I don't carry to start a fight, just to end it.