NASHVILLE — The Tennessee Court of Appeals heard arguments Monday in a public records battle involving efforts by news organizations, state Sen. Todd Gardenhire, R-Chattanooga, and a gun-rights group to obtain a “manifesto” and other writings from the March 27 shooting at The Covenant School in Nashville, which left three 9-year-olds and three adults dead.
Parents, the Christian elementary school and the Covenant Presbyterian Church won the initial round in May when Davidson County Chancellor I’Ashea Myles ruled more than 100 Covenant families could intervene in the case to argue against releasing the material of the 28-year-old shooter, a former student killed by responding police.
The families, school and Covenant Presbyterian Church argue the materials release will be harmful to the 200 students at the school. Families say they have a right to keep the material off-limits to the public. The Tennessean newspaper as well as the Tennessee Firearms Association, the National Police Association and The Tennessee Star support release, saying the records are subject to the state’s Public Records Act.
Nashville Police have already released some video of the shooter’s assault. But the department has refused to release the writings and other material, arguing the matter remains under investigation. That prompted the lawsuit with Gardenhire, who is the Senate Judiciary Committee chair, saying he needs the material to determine what remedies the state can take to deter further mass school shootings. Because the shooter is dead, those seeking the material say there is no justifiable reason under the law for it not to be released.
Attorney Paul Krog, who presented arguments for releasing the documents on behalf those seeking the material, said the Public Records Act doesn’t provide a legal avenue to block the release.