Memphis City Council: July 21, 2026

6:48

----: I would like to recognize our chaplain of the day, Pastor Steve Young Church. If you will please come to the podium and lead us in prayer. Is he here at this time? Okay. Thank you.
----: Thank you, Chairwoman. Thank you to the council members. Let us go to the Lord in prayer. Oh Lord, our Lord, how excellent is your name in all the earth. We bow before your presence. We come to you this afternoon as humbly as we know how, acknowledging that you are the alpha and the omega. You are the beginning and and the ending. You are the first and the last. Everything that is was made by you and made for you and without you nothing was made that was made. You are God. With that in mind, dear father, we are reminded that you are the originator of human government, legislative order, legislative law and justice. We recognize the fearsome responsibility shouldered by these your ministers in the earth. These appointed men and women who make up this august body. We affirm that they are here in service by your divine decree and your sovereign will. For we bear witness according to your holy word that states, "Let every soul be subject unto the higher powers. For there is no power but of God. Powers that be are ordained of God."

8:49

----: So, Father, in light of this, we ask you to bless these your servants and your ministers. Bless them with wisdom, knowledge, insight, discernment, and understanding. May these your legislators be emboldened to stand for right, truth, and justice. May they bring by their legislation joy to the righteous, and strike terror to the evildoers. May they by their good laws convict the guilty and protect the innocent. May they by their just ordinances overthrow the wicked and strengthen the decent. And when it is all over from this deliberative body, may justice roll down like a river and righteousness like a neverfailing stream. Sin is a reproach to any people, but righteousness exalts a nation, a state, and even a city. And after these council members joyfully and faithfully discharge their duty, grant them the grace to have done it without bribe, without deceit, without inducement, without an unbalanced scale, far from evil and temptation. May they hear, oh Lord, well done, servant. Well done. We ask these blessings in the powerful, in the perfect, preeminent, primal, and prodigious name of the Lord Jesus Christ. And we all say, "Amen."
----: Amen. Please remain standing for the pledge of allegiance. I aliance to the flag of the United

10:49

----: States of America and to the republic for which it stands. One nation under God, indivisible with liberty and justice for all.
----: Thank you. You may be seated. Thank you for that beautiful prayer. Councilwoman Dr. Easter Thomas, you are recognized at this time.
----: Thank you, Chair, and and good evening to the city of Memphis who's joined us today. I just want to say thank you to Pastor Steve Young and First Lady Tammy Young for joining us today. And just to read this into the record, be it hereby known that Pastor Steve Young, in recognition of a life of exemplary qualities, outstanding service to the city, meritorious involvement in humanitarian affairs, and demonstrated concern for governmental process, has been appointed chaplain of the day of the Memphis City Council and is hereby entitled to all of the honors, rights, privileges, and prerogatives appertaining to the office and to display of this certificate. given under this seal 21st day of July. Janice Winger Washington chair and myself Michaela Thomas. Thank you. And again, this is Pastor Steve Young from Oddmore Terrace Baptist Church in Frraasier in the lovely district 7. So we are so glad to have you here with us today. Thank you. We gonna get a picture. Thank you, Chair. We would like to acknowledge that we have former chair Kim Conrad in the back. Councilman, we're so glad to have you. Madame Comproller, if you will please call the role.

12:50

----: Thank you. Council members Canali Carile, Cooper Sutton, Easter Thomas Green,
----: Logan, Smiley, Spinosa,
----: Walker,
----: Warren,
----: White,
----: Chairwoman Swear, Washington,
----: present.
----: Thank you. I believe for Canali has read the minutes.
----: We didn't do anything. What are we going to do?
----: Thank you, Madam Chair.
----: I have reviewed the meeting minutes from the July 7th, 2026 meeting, find them to be in order, and I move for their adoption.
----: All right. It has been moved by Councilman Ford Canali, second by Councilwoman Green. Madame Controller, if you will please prepare the screen for the vote. Council member Carlile uh did not vote. Easter Thomas, yes. Ford, yes. Green, yes. Smiley, yes. Spinosa, yes. Walker, yes. Warren, yes. White, yes. Chair, would you like to vote on the minutes? My screen is not.
----: Yes, we are having some difficulties, but I'm moving forward. Thank you.
----: The minutes did pass, ma'am.
----: All right, that item passes.
----: Welcome to the July 21st, 2026 regular meeting of the Memphis City Council. Meetings of the council shall be

14:51

----: conducted in an orderly manner to ensure that 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 upfront as well as comment request cards for members of the public wishing to be heard on that specific item. Briana, would you raise your hand so they can know who you are? Thank you. All those wishing to speak on an item must turn in their comment card to the staff before the item is called. If you are not here to speak on a specific item, you can note your request to give comments at the end of the meeting. As chair, I will recognize citizens that properly registered to speak by submitting a completed comment request card to council staff. I would also like to ask that we hold a moment of silence in memory of the late Henry Hooper who was a devoted Memphian, decorated veteran, and former Memphis City Councilman who has gone to be with the Lord. We extend our deepest condolences to his beautiful family, his friends, and all the citizens whose lives he touched. Item number 15 has been held until Tuesday, September 15, 2026. Madame Controller, if you will please call item number one. Item number one is a resolution recognizing and honoring Le Moy Owen College in celebration of his fifth annual 807 Giving Day. This resolution

16:52

----: is sponsored by the Memphis City Council. Councilwoman White, you are recognized at this time. Thank you, Madam Chairman. I am reading this resolution on behalf of the Memphis City Council and to I'm going to brief uh be I'm going to shorten it if that's okay with everyone. But whereas it is fitting that the Memphis City Council recognize and honor institutions of higher education. And actually, don't we have some a representative from Le Mo in here? Thought we did. Thank you so much for joining us today. Yes. Whereas, well, I won't start over. Um, honor institutions of higher education whose long-standing commitment to academic excellence, leadership, development, and community service has positively impacted generations of students and strengthen the city of Memphis. And whereas the Memphis City Council has on numerous occasion recognized Leo Moan College for its unwavering commitment to providing a transformative educational experience and preparing students for lives of leadership, scholarship, service, and success. And whereas established in 2021, the annual 807 Giving Day was created to honor the college's historic address at 807 Walker Avenue. The name 807 serves as both a tribute to the institution's rich history and a meaningful reminder that every gift, regardless of size, makes a lasting impact on the lives of its students. And whereas the week-long celebration held on the historic campus of Le Moine O College includes worship on walk on Walker on Sunday, the magic Monday mixer

18:52

----: for alumni and friends and culminates with the livereamed 807 giving day teleathon on Friday, August 7th, 2026. Now therefore, be it resolved that the Memphis City Council hereby recognizes and honors Le Moine Oen College on the occasion of its 807 giving day. Thank you so much for being here. We know how important Le Moine O College is to Memphis and our community. So, thank you so much for being here and us celebrating and acknowledging 807 Giving Day August 7th to 2026.
----: Thank you.
----: Yes. Thank you so much, Dr. Nichols. Would you like to say a word?
----: I simply want to uh thank the city council, all of the representatives. I would like to acknowledge our um faculty who is also a council woman, as well as all of you for your support. On behalf of President Davis, the college, many of us are out at a UNCF conference in Atlanta. So, I stand here on the shoulders of all that came before me just to say thank you. I say this about my institution that you cannot get to transformational leadership in the city of Memphis, in the county of Shelby or the state of Tennessee without crossing the sacred grounds of the Lemon College. And by your support, you not only help us to continue this work, but you ensure that your tax base is secure because most of the students from Leonard College stay in Memphis and Shelby County to give back to their city. So, thank you for your continued support. Thank you so much. Please allow us about five minutes to be able to reprogram so that we can get our screens up. Just give us a few minutes. We need to get out.

27:57

----: Let me say you all have just been a perfect audience. We will start with our consent agenda items three and four. Madame Controller, if you will please call the consent agenda, items three and four.
----: Thank you. Item number three is a joint ordinance to amend the Memphis and Shelby County Unified Development Code adopted by the city of Memphis on August 10th, 2010 and by Shelby County on August 9th, 2010 to establish a procedure for replacing the zoning map. Up for first reading. This ordinance is sponsored by the Division of Planning and Development. The case number is ZTA 2602. The ordinance number is 5979. Item number four is a resolution approving supplemental agreement number one for Sulful Memphis East Homes Road and accepting bond as security. There is a request for same night minutes. The contract number is CR-5471. Chairwoman Washington, that concludes your consent agenda items.
----: Councilman Spinosa, you're recognized.
----: Thank you, Madam Chair. Without objection, I'd like to hold or pull item number three off the consent agenda. Um, and we need to read that in committee. And um, without objection, that's the the motion that I'm making.
----: Okay.
----: Can I get a second for that?
----: Second. All right. It's been moved by Councilman Spinosa and second by Councilwoman Walker to hold it. You holding it?
----: Yeah. Just hold it and bring it back to committee for an actual just first reading for us. You know, it has to do with the zoning maps and the changes and we've come this far. Just want to be transparent with it and director Ragsdale agrees. So there's no controversy or anything. Just want to
----: slow it down.
----: I applaud your transparency.
----: Thank you so much, Madam Chair.

29:59

----: Thank you all. All right. Item number four, madame controller.
----: All right.
----: I need a motion for the consent agenda.
----: It has been moved by Councilman Warren. I get a second. Second by Ford Canali. Madame Controller. All right. Council, if you'll please prepare for the vote. We are voting on item number four. Canali, yes. Easter Thomas, yes. Ford, yes. Green, yes. Spinosa, yes. Walker, yes. Warren, yes. Chairwoman swearing in Washington, yes. That item passes. Madame controller, if you will please call the MLGW fiscal consent. That would take us to item number five, a resolution approving the increase to contract number 12540, master paving program section two with Vukan LLC to increase the current contract in the funded amount of $1 million. Item number six is a resolution approving the increase to contract number 12512, master paving program, sections one and three with Lehman Roberts Company to increase the current contract in the funded amount of $5 million. Item number seven is a resolution awarding contract number 12595 LNG storage tank painting [clears throat] to Viking Painting LLC in the funded amount of 3,167,560.

32:01

----: There is a request for same night minutes for this item number seven. Item number eight is a resolution approving the ratification increase and renewal to contract number 12390 project portfolio management software tool acquisition with work otter inc to ratify increase the contract amount and renew the current contract in the funded amount of $196,85940. Item number nine is a resolution awarding contract number 12638 North Service Center building 5 roof replacement to B4PI Inc. in the funded amount of $558,24230. And item number 10 is a resolution ratifying the award of contract number 12654 Samsara Telmatics to Samsara Inc. in the funded not to exceed amount of 4,645,46280. Madam Chair, that concludes your MLGW fiscal consent items.
----: Councilwoman Walker, you are recognized. Thank you, Madam Chair. The committee met and there was a favorable recommendation and I so moved. All right. Move it electronically. Council Walker. It has been moved by Councilwoman Walker, second by Councilman Spinosa. Madame Controller, if you will please prepare the screen for the vote. Canali yes. Easter Thomas yes. Green yes. Please show council member Ford as

34:03

----: voting yes on this item. Spinosa yes. Walker yes. Warren yes. Chairwoman swearing in Washington yes.
----: That item passes. Madame Controller, if you will please go to the regular agenda and call number item number 11. Item number 11 is an ordinance to amend chapter 25 pension and retirement system of the city of Memphis, Tennessee. Up for third and final reading. Ordinance number 5974 is sponsored by the administration.
----: Councilwoman White, you're recognized. Thank you chair uh chairwoman. The committee met and recommended approval and I so move. All right. It has been moved by Councilwoman White. Can I get a second? Second by Councilman Spinosa. No council in the queue to speak. Madame Controller, if you will please prepare the screen for the vote. Canali. Yes. Easter Thomas. Yes. Ford. Yes. Green. Yes. Spinosa. Yes. Walker. Yes. Warren. Yes. White. Yes. Chairwoman swearing in Washington. Yes.
----: That item passes. Madam controller, please call item number 12. Item number 12 is an ordinance to amend city of Memphis code of ordinances chapter 33 article 3 and corresponding chapter 1328 to increase the sewer fees up for third and final reading ordinance number 5975 is sponsored by the administration.
----: Councilwoman White, you're recognized.
----: Thank you. The committee met and recommended approval and I so move.

36:07

----: It's been moved by Councilwoman White, second by Councilman Warren. There are no counsel in the queue to speak. Madame controller, please prepare the screen. Yes. Easter Thomas. Yes. Ford. Yes. Smiley. Yes. Bossa. Yes. Walker. Yes. White. Yes. Chairwoman swearing in Washington. Yes.
----: That item passes. Madame comproller. Please call item number 13. Item number 13 is a referendum ordinance to amend the charter of the city of Memphis saying being chapter 11 of the acts of 1879 as amended pursuant to provisions of article 9 of the constitution of the state of Tennessee home rule amendment so as to establish lobbyist registration and disclosure requirements and to submit the proposed referendum ordinance to the qualified voters of the City of Memphis at the next state general election. Up for third and final reading, ordinance number 5977 is sponsored by Councilman Carlile.
----: Councilwoman White, you're recognized.
----: Thank you, Chairwoman. I need for you all to check for me, but I believe this is the one we ended kind of on a probably not a resolved note, and so I would just say that it came down without recommendation. Attorney Way, can you give us some clarification for item number 13?
----: Councilwoman Easter Thomas, you're in

38:08

----: the uh you're recognized. I I think under the circumstances it comes down without a recommendation and the sponsor is not here so I can't really speak to it.
----: Councilman Smiley,
----: I just want to move to hold until the sponsor can come speak to it. I don't want to spend all day on an issue when the person who presosed it is not here to talk about the justification. So I move to hold this matter.
----: Okay. Can I get a second?
----: Until the next two council meetings. What is that?
----: Okay.
----: No, you can't do that.
----: It has been moved.
----: What's the date? I need to get to give a specific.
----: Just move it to the next meeting.
----: You can't do that. We'll move it to the next meeting and then we'll see what happens.
----: All right.
----: August 4th meeting.
----: Been moved by Councilman Smiley, second by Councilman Spinosa for that item to be held until the next council meeting. Madame Controller, if you will please call item number 14. Item number 14 is a referendum ordinance to amend the charter of the city of Memphis, same being chapter 11 of the acts of 1879 as amended pursuant to the provisions of article 9, section 9 of the constitution of the state of Tennessee to authorize the creation by ordinance of uniform administrative procedures and systems for disposition of appeals that may affect the employment status. Office of Civil Service employees up for third and final reading. Ordinance number 5978 is sponsored by Councilman Carlau.
----: Councilman Smiley, you're recognized.
----: I move to hold this until August meeting.
----: Uh let me speak to this one.
----: All right. Attorney Wayne Wade.
----: Uh originally there was some blanket um creation of authority for the council

40:09

----: and the mayor to create a system. But I changed it to to make it be an administrative procedures act and I think it's compliant with the law. I'm not sure how it's handled in the committee but I've signed off on it if if y'all want to move it on.
----: Move to hold until the August 4th meeting.
----: All right. Got a motion to hold second by Councilwoman Green who will hold that item. Madame controller, if you will please call item number 15. 15 is going to be held to. All right. All right. We're going to move to our add-ons starting with item number 16. Mer item number 16 is an appointment Art Davis chief financial officer and there is a request for same night minutes for this item.
----: Okay, Councilwoman White, you're recognized.
----: Thank you, Chairwoman. The committee met in recommended approval and I so move.
----: It's been moved by Councilwoman White, second by Councilman Ford Canali. Mr. Davis, would you like to say something?
----: Mr. Winter, you might as well be making your way down.
----: Yes, sir.
----: Art Davis, interim CFO, City of Memphis, 125 North Main. Uh, I just want to say again, thank you for the uh, confidence that the mayor has uh, put in me and for

42:11

----: your confidence in your vote of support and the recommendation for the committee. And I also want to remind everyone what I said that my goal is to bring transparency to the finance division as well as ensure that every uh, public dollar that is received by the city is managed in the uh, best way possible. and uh I will support this council, the mayor, but most importantly the citizens of Memphis. Thank you.
----: All right.
----: There no council in the queue. Madame controller, if you will please prepare the screen. Yes. Easter Thomas. Yes. Ford. Yes. Green. Yes. Spinosa. Yes. Walker. Yes. Warren. Yes. White. Yes. Chairwoman swearing in Washington. Yes.
----: That item passes. Congratulations. Madam controller, if you will please call item number 17.
----: Item number 17 is also an appointment. Chris Winton, chief administrative officer. There is a request for same night minutes for this item also.
----: All right. We would love to hear from you,
----: and council. Uh it is truly my pleasure to be here before you. Uh as I've shared before, after meeting with individuals and constituents across the city, as well as the leadership team here at city hall, one thing is clear. There is a deep love for this city and a deep commitment to delivering more. And I thank you for the opportunity to be here and request your approval so we can get

44:11

----: to work.
----: And no counsel in the queue to speak. Madame controller, if you will please prepare the screen for the vote. It has been moved by Councilman Warren, second by Councilman Spinosa. Canali, yes. Easter Thomas, yes. Ford, yes. Green, yes. Spinosa, yes. Walker, yes. Warren, yes. White, yes. Chairwoman Swing Washington, yes.
----: That item passes. Madame controller, if you will please call item number 18.
----: Item number 18 is also congratulations. [clears throat] Item number 18 is also appointments to the airport authority. We have Belinda Anderson, Pamela Clary, Demar Roberts. There's also request for same night minutes for item 18.
----: Councilwoman White, you're recognized.
----: The committee met and recommended approval and I so move.
----: It has been moved by Councilwoman White, second by Councilman Spinosa. I don't see Miss Clary in the audience. Madame Controller, if you will please prepare the screen for the vote. Canali, yes. Easter Thomas, yes. Green, yes. Smiley, yes. Spinosa, yes. Walker, yes. Warren, yes. White, yes. Please show council member Ford as voting yes on this item. And chairwoman's orange in Washington. Yes.
----: That item passes. Madam controller, if

46:12

----: you would please call item number 19. Item number 19 is a resolution to accept and allocate surface transportation block grant funds in the amount of $581,840 in grant funds from the Tennessee Department of Transportation for the Memphis Airport Plow Boulevard Access Road project PW01109 District 3 Super District 8. This resolution is sponsored by the administration. There is a request for s night minutes.
----: Councilman Smiley, you're recognized.
----: Thank you, madam chair. The committee may been recommend approve and I so move.
----: It has been moved by Councilman Smiley. Second by Councilman Spinosa. There are no council members in the queue to speak. Madame Controller, please prepare the screen. Council, if you'll vote at this time. Canali. Yes. Easter Thomas. Yes. Ford, yes. Green, yes. Spinosa, yes. Walker, yes. Warren, yes. White, yes. Chairwoman swearing, Washington, yes. Please show council member Smiley is voting yes on this item. Tanzania.
----: That item passes. Madame Controller, if you will please call item number 20.
----: Item number 20 is a resolution appointing MATA's fiscal trustee all council districts. This resolution is sponsored by Councilman Ford and there is a request for same night minutes for this item.
----: Councilwoman Green, you're in the queue.
----: Thank you, Chair. I just wanted to clarify again for the listening public that this is taking out Walter Pson who was our CFO and putting in Art Davis who is now our CFO. It is not in any way

48:16

----: approving a contract because we don't do contracting for any amount in regards to any trustee. So just so everybody's clear, this is just putting in one name for the other because there's now been a change in leadership. But we don't make contracts or set salaries. Thank you, chair.
----: Thank you, Councilwoman Green. Councilman Ford Canal, you're recognized.
----: Thank you, Madam Chair. The committee met recommended approval and I so move.
----: All right. It's been moved by Councilman Ford Canali, second by Councilman Warren. Madame Controller, if you will please prepare the screen. Yes. Easter Thomas. Yes. Ford. Yes. Green. Yes. Spinosa. Yes. Walker. Yes. Warren. Yes. White. Yes. Chairwoman swearing in Washington. Yes.
----: That item passes. Madam controller, if you will please call item number two. Item number two is an appeal of Rome Corporation and others Memphis Alcohol Commission matter T3 36342 file pursuant to 4-3 and 412 of the city of Memphis code of ordinances required by ordinance. This was held from March 24th.
----: Okay. One second. Council Horelli, you're recognized.
----: Do I?
----: Yes. Move it.
----: Right.
----: Yeah, just move it without a recommendation.
----: All right. Thank you, Madam Chair. Without recommendation, I move to the

50:16

----: floor.
----: All right. It's been moved by Councilman for Canali. Can I get a second? And second by Councilman Spinosa. At this time, We're going to give each side 15 minutes. Would you like to start?
----: Thank you very much.
----: If you'll put 15. Yeah, he's already Thank you.
----: Thank you very much. My name is Robert Spence, 65 Union Avenue, Sweet 900. And I have the distinct pleasure of representing the appellants um in this appeal that has been before you today. Um, it's important that you understand from the outset what we're asking the city council to do. We're asking the city council to overrule the Memphis Alcohol Commission approval and find that Ethan Edward's application to operate a liquor store at 870 South White Station Road does not satisfy the proximity distance requirement. That's what we're asking the city council to do today in this appeal. And the reason that we're asking this city council to take that action is for one simple straightforward reason. The location of Mr. Edwards liquor store violates ordinance 74-5A and it falls within the 1500 ft proximity requirement and is within 1500 ft of Woodland Presbyterian Church and School. All of you are familiar with your own

52:17

----: ordinance 7-4-5- which provides the proximity distance requirement that I've talked about. Um, it requires any store selling alcoholic beverages not be located within 1500 ft from any church, school, park, library, or the liquor store. So, so, so that is that is the rule that is applied uniformly uh with respect to all applicants like Mr. Edwards who seek to open a liquor store in our community. Now, before Mr. Edwards ever filed an application. Um, he engaged a professional surveyor to measure the distance for him from his supposed liquor store location. And what we have been able to demonstrate and get for you are the communications that the professional surveyor gave to Mr. Edwards before he filed his first application on September 5th. Pickering surveyor Lynn Spencer told Mr. Edwards. The store doesn't meet the straight line measurements. Can you get a variance? Can you get a variance? And then there are several other communications between Mr. Edwards and and and Miss Spencer which which basically say that that they they know the rule. They will not ask the city for any clarification or explanation of the

54:18

----: rules because they don't want to send up red flags about this application. So it is it is clear that before the application was submitted about two weeks after these communications, Mr. Edwards was aware that his proposed location did not meet the proximity distance requirement. A week after these communications, his own lawyer, attorney Mark Joe, told him, "I'm a little concerned about the distance to Woodland if you go south on White Station and east on Park." His lawyer further told him, "I do think you have to turn down park and finish 1,500 ft east and west from the center line." And there are a lot of things important about this communication, but one of the things that I that I want you to focus on is that at the time of this communication of September 13, 2024, there was no dispute that the center line at issue for a correct measurement was white station was white station. There is some individual named Gerald who is only identified as Gerald who instructed the professional surveyor how to perform the survey and she echoes to his request

56:21

----: and we ended up with this the first the first survey submitted by Mr. Edwards was fraudulent. He knew it was fraudulent when he submitted it. What is strange is that the alcohol commission didn't flag it as fraudulent when he submitted it because you as you see from this survey he submitted as opposed to turning east and west on park which is denoted by the blue dashes which is required He presented a survey that kept straight on white station and that's the yellow line. But again on even on this fraudulent survey that Mr. Edwards submitted the center line is on White Station Road because that is where the liquor store fronts. That is where the liquor storefronts. Even though Mr. Edwards submitted a fraudulent survey to the Memphis Alcohol Commission for an some inexplicable reason, the Memphis Alcohol Commission approved it on September 20th. 2024 in a meeting that was later determined by a court of law as violating the open meetings act. So they have a fraudulent survey. They conduct a meeting that is

58:22

----: validative of the open meetings act and approve Mr. Edward's application. Well, same [clears throat] parties that are gathered here today went to court. In court, Mr. Edworth added something to his argument. What he added was that the proximity distance ordinance that all of you know is in effect that it did not apply to him. that it did not apply to him and his response to your complaint complaint filed by the city council because of of of the position that Mr. Edwards took was Edwards denies the allegations contained in paragraph 24 of the city council's cross petition as section 4-5 of the Memphis city code of ordinances was not the governing law at the time of the application that was obviously absurd so by this time we have a fraudulent survey of meeting that violates the Open Meetings Act. We have an absurd legal position in court that the ordinance doesn't apply to Mr. Edwards. And then probably the most embarrassing thing was that the Memphis alcohol commission crossed the mall, came to court and tried to convince the Chancery Court

1:00:24

----: that the Open Meetings Act did not apply to it. and in a publicly filed pleading took the position that it was not a governing body within the meaning of the Tennessee Open Meetings Act. So we have all of these aberant behaviors, fraudulent surveys, open meeting Act violations. We're not a governing body that is that is required to comply with the open meetings act. All of these aberrant behaviors are being litigated just a stones throw from here. Well, to the grin of the alcohol commission and Mr. networks. The court did not buy what they were selling. And the court first with respect to the cross petition that this city council was required to file to defend the ordinance, the distance proximity ordinance. The judge ruled on July 8th, 2025. It is the court's opinion, order, and declaration that the 1500 foot restriction from churches, schools, parks, libraries, and other liquor stores for the 1500 ft restriction as originally stated in section 4-5 of the 1985 city code is still in full force and effect. and the governing law. A a proposition that that that all of us would have taken for granted. Mr. Edwards argued in a court of law

1:02:24

----: that this ordinance didn't apply to him and therefore he didn't have to meet the 1500 foot restriction because remember at that time the survey that he submitted didn't turn down park. It didn't turn down parking. Further, with respect to the Memphis Alcohol Commission, the court also rejected its speechious argument that it was not a governing body and that the Tennessee Open Meetings Act did not apply to it. The court ruled. Therefore, the court concludes that CMAC, City of Memphis Alcohol Commission, was functioning as a governing body on September 20th, 2024. and they deliberated and made decisions regarding Ethan Edward and Grind management request for a certificate of compliance as part of the application for a liquor license before the TABC and was required to hold the meeting subject to the requirements of the act. [clears throat] Now, governing bodies know that as a matter of course. As a former city attorney, it's an embarrassment for the alcohol commission to take the position in a court of law that the Tennessee Open Meetings Act does not govern its proceedings.

1:04:27

----: And the court issued that ruling on September 2, 2025. And because the Memphis Alcohol Commission's conduct was so aberant aberant. The court is monitoring the alcohol commission and is requiring that the alcohol commission submit semianual reports on whether or not it is complying with the open meetings act. So we have all of these aberrant and strange behaviors by Mr. Edwards by the Alcohol Commission prior to and leading up to Mr. Edward's second application. What is on the screen now are surveys that were done by other surveyors.
----: Thank you so much. I've done. Yes, sir.
----: How you now 15 minutes?
----: Yes, sir.
----: All right. Thank you.
----: All right. Thank you. All right. We will now have 15 minutes.
----: Excuse me. [clears throat]
----: Judge, you can start over.
----: Okay. Thank you. Give me the sign when it's time. Okay. I am uh retired judge Bernice Donald. My address is 6077 Premacy Parkway, sweet 200. And I am here this afternoon with pride to represent Grind Management owned by Ethan Edwards. I have a prepared presentation, but I want to just address two quick things because, you know, I'm

1:06:28

----: senior now and I need to correct a couple of things. Mr. Spence accuses my client of fraud and I want to absolutely and flatly rebut that right here and now. Mr. Edwards sought legal advice after reviewing the um the MUN code which at that time had dropped any reference to 1500 ft. It had some ellipses there and Mr. Spence and the council went to Chancery Court and they argued to Chancellor Jenkins that that 1985 ordinance even though there is no facial reference to 1500 is still there because the ellipses preserved it. If you went around this chamber right now and asked people in this audience what do the ellipses mean? Most of them contain Mr. Mr. Edwards is not a lawyer and that's the reference which Mr. spence skews on the September 18th uh open meetings act agenda. There was not a quorum. Mr. Edwards didn't set that agenda, but the alcohol commission could not do its business because they didn't have a quorum. And Miss Fully Love announced to the audience, we don't have a quorum. We will try to canvas our members and find out when we have a a majority and then we will reconvene. If you have something on the agenda and you want to be heard, let us know. Mr. Edwards was there, heard that, and he appeared by Zoom on the 20th, not anything that he did. The alcohol commission handled a number of items at that time, including voting on his application. They voted on the opening of another liquor store, 321 South Maine. The only person who was challenged in Chancery Court was Grind Management. The other liquor store that was approved on that agenda. The court

1:08:29

----: said everything is null and void. Busters didn't go in there and say, "Oh my god, they're opening up. It's null and void." That liquor store opened two to three months later without incident. What I want to say to you now before my 15 minutes are up. This afternoon, we are asking this body, which sits not as a legislative body, but as a quai judicial body, meaning that you act as judges without the formal rules, but as judges making judicial decisions. And I want to ask you to dismiss this petition for three reasons. One, Busters, DWine, and the liquor do uh liquor depot have no legal standing to appear before you and challenge this application or challenge the actions of the alcohol commission. They have no injury in fact or law. There is nothing that they could do before January 6 when this was approved that they could not do afterwards or now. They have no cognizable injury. Mr. Spence is a brilliant lawyer. He is well esteemed. But his esteem and his brilliance cannot create legal standing in a court of law or before a quai judicial body. The other thing is as I said there is no injury. In fact, they cannot come in here even though they mention Woodland Presbyterian. They cannot invoke the jurisdiction of Woodland Presbyteria Church or school in order to get standing. They simply have none. They are nonparties and a nonparty cannot come in and challenge this application. In the statute, it provides for a right of appeal, but that right of appeal is for the applicant. Busters, Dwines, and the liquor depot were not applicants. There are people who come in here every time you have a meeting and seek to speak, they fill out a card. But that filling out a card and speaking does not give

1:10:29

----: them the right to step into a court of law and sue your action. Mr. Spence args a pseudo good government argument. The Supreme Court has said that the person who comes in and gets standing to challenge a petition must not have a general generalized right that every other citizen would have. They have to have some special injury. If you ask Mr. Spence, what is the injury that Buster suffered? The answer's got to be none. What is the injury that W D Wine suffered? None. What is the injury that the Wine Depot suffered? None. This is a spirious and ongoing campaign to keep Mr. Edwards and Grind Management from opening their store. I want to quickly go through the presentation now because I want to show you a couple of things and I want to talk to you about investments in Memphis. [snorts] So, why are we here? We're here because Busters and those other appellants do not want lawful competition. They do not want this man to open. They want to try to bury him. The station has been open for five months. And if you today aced to their request, what do you get if you go back and overrule the the uh alcohol commission's um action which was based on substantial evidence? What does that do for you? Uh, what does it get? It gets nothing because the alcohol commission did not issue a final order. They only made a recommendation to Mayor Young. Mayor Young then reviewed that recommendation and sent it to the state. The state of Tennessee is the licensing authority that issued that license which gave Mr. Edwards a property right in that license. So, if you if you um today say, "Okay, they they didn't have authority." What do you do then? Do you sue Mayor Young in his official capacity and ask him to revoke or resend his certificate of complian compliance?

1:12:29

----: A suit against Mayor Young in his official capacity is a suit against the city of Memphis. What does that get? Do you go over to Chancery Court where Mr. uh Mr. Hammond and Busters has already filed an action against Mr. uh Edwards? Do you step into those shoes and try to prosecute an action against yourselves, the city of Memphis there? or does Memphis go to Davidson County in Nashville and file an action in chances? I say no. This is the station. You can see it's alive and going. It's been going now for about five months. Um the Memphis Alcohol Commission after a full hearing spanning two full days found that Grimes 2025 application complied with all local state laws and ordinances. Uh the Memphis mayor signed the ordinance. Uh the Tennessee Alcoholic Beverage Commission granted a license after their own investigation. Uh so today you should reject this appeal, dismiss it, and tell busters and and their cohorts to leave this man along and let him run his business and contribute to the fabric of this city. Uh the survey, this is what we presented to the alcohol commission, which is the only real survey in the packet. This was done by the RE survey. Greg Markham, a licensed surveyor, is here this afternoon. He testified before the alcohol commission. They questioned him. That is the survey. You see, they told you what people said. It doesn't matter what anybody said. The only thing that matters is the language in the ordinance that this body promulgated. And that that ordinance specifies two methodologies. one for a small a single storefront and the other one that relates to a commercial establishment greater than two acres with multi- uh tenants on that. That is the measurement that the other people did not use. One thing that Mr. Spence put up there as a as a as a survey is something by Greg Williamson

1:14:30

----: with the city Williams I believe and it says spatially this is not a survey for a survey see a professional surveyor. So, Greg Markham put in the only real survey. There's the language up there. Um, I know we don't have a lot of time, so I'm not going to go through that right now, but if we have some rebuttal, I'll come back. Keep going. Um, so the measurement methodology, I want you to think about those of you who have gone to Wolf Chase, think about all of a sudden Macy's being transformed into uh a liquor establishment. So, according to Mr. expense. If you wanted to measure the distance from Maces to somewhere, you would go out to either the middle of Highway 64 and begin your measurement or you would go out to the middle of Germantown Parkway and begin that. That is ludicrous. Your ordinance in your language says that you start in the front of the building and you you go along a public or private street. Private street being defined to be a private passageway for vehicles. There are all kinds of passageways, but this one is a private passageway for vehicles. And so that's what Greg Markham did. He went to the front of the the the building and measured from there and he made the appropriate turns and he yielded a distance of 1559.37 ft which is within the ordinance distance. just a couple of other uh things that I want to want to want to tell you and I don't I don't don't know how much time I have but I want to tell you that in the time the short time that Mr. Edwards has been in operation. He employs 26 full-time employees and four part-times. 70% of those employees are from the city of Memphis. He has yielded a payroll of 700, pardon me, $661,596.

1:16:31

----: To date, he estimates by year's end it'll be $788,000. Um he has spent more than $213,000 with women and minority business owners. He's invested some $1.262 million in facility upgrades to get this station going. Um he is at this time estimating that in 2027 uh he will es will contribute some $730,255 in taxes. Uh that's state, county, and city. He is about the business of making this enterprise work. I know I'm getting close to the end, so let me just say this to you. Mr. Edwards wakes up every day, mission focused, going to find out what he can do to make his business successful, what he can do to improve, what he can do to contribute to the fabric of this city. He has been pelted and whipsawed and accused and maligned by individuals who simply do not want competition, which is what this country is based on. Competition, lawful competition. He spent his life, his time, his talent, his treasure. He's exhausted his family trying to secure a safe and prosper business that currently employs the people that I've told you. He's never sued Busters, Dwines, or Wine and Liquors. He's been keeping his head down building that business. There is no case here. Tell Busters and their colleagues it's time to stop. It's time to stop this man from draining his resources trying to further a lawsuit to keep him out of business. I want to leave you with one story. There's a story that many of you have heard about a sage who lived in a community, Dr. Warren. She was blind, but she was wise. These boys, these young boys who were full of

1:18:33

----: mischief, they decided that they were going to trick her. They said, "We're going to get a bird and we're going to go to her and we're going to say,"Woman, we have in our hands a bird. We want you to tell us whether the bird is living or dead." And their plan was if she said living, they were going to close their hands and crush it. If she said dead, they were going to open their hands and let it fly away. And she could hear the flapping of the wings. And so they came to her and they said, "We have a bird." Councilman Walker, what? What? Tell us the status. And she said, "I don't know, but the bird's fate is in your hands. I don't know whether Mr. Edwards will succeed or fail in his business. I don't know whether we'll become one of the leading liquor establishments in this community. I don't know that. What I do know is that he deserves the opportunity to try and his opportunity, whatever that end may be, his opportunity is in your hands. Do not deny him that opportunity because someone is afraid of competition. Thank you. Thumbs up, thumbs down. We do have one card and then attorney Wade will get you to give us some clarification. Samuel Fogstein.
----: I yield my time. Yield my com. Thank you.
----: Okay. All right. All right. Attorney Wade, if you will offer some clarification, please.
----: Um, I'll do my best.
----: The The only issue I mean, this is the

1:20:35

----: second appeal we've had, alcohol appeal we've had. One of them was denied because uh the alcohol commission determined that they did not meet the distance requirement. and we heard the appeal and I told you then that the only issue that you decide is whether or not the application meets the distance requirement. Um you've heard a lot of arguments about standing non-competitive how much people make. Those arguments are irrelevant. The ordinance provides that the city commission shall decide the restriction. The city commission when this ordinance was adopted was composed of five members, one of whom was the mayor. That provision, as far as I can tell, has never been changed. So ultimately, you would have to make the decision even though the mayor has in the alcohol commission has decided that it does or it doesn't. Um, the alcohol commission is an administrative body. it does not have the the power to write ordinances or make legislative decisions. The mayor's administrative or executive, he doesn't either, but I think what it requires is concurrence of two parties to make that decision. Um, on the issue of standing, I looked at that and that's not an issue. I think that's a legal issue that they can take up in court. And I believe a court would want to know um what this body's interpretation of its own ordinance was and whether it applied to this application. Um I could argue that the alcohol ordinance has a limit of 163 potential liquor stores within the city.

1:22:36

----: So on its face, I think it's anti-competitive because not everybody can have a liquor store. So I think Buster's argument was that, well, we've complied with the law as you complied with the law. That's not for y'all to decide. All you're deciding is the literal question of whether it complies with section 4-5, the 1500 foot. Unfortunately, what I heard tonight from both sides did not present that precise issue to you. Uh I would have liked to have seen more detail about what uh the station is has done and what their position is on that particular issue. How have they configured their property to be within the 1500 ft? Does that fly? Does it not fly? So you you haven't seen any of that. You haven't seen any of those facts. So I don't know how I can give more clarity unless somebody wants to ask him to provide specifics on those two on that specific issue. That's all we want to know. How is it laid out? Show us how it meets it. Argue why it doesn't. Y'all make the decision one way or the other. It's simple. It's not hard. It's not into all of what the history was. The ordinance is the ordinance. it is in effect and everybody has to comply with it. So we need to know why they think they do, why they think they don't and you decide which side you believe has made the case. So I think you got to hear a little more from them on though on that particular issue. I don't want to hear about how much money and what a great guy and how well he wakes up every day and looks for looks for gold. We need to know those specific facts. Those facts have no personality. They are what they are. They are hard, cold, black and white. Let's hear those. Make the

1:24:37

----: decision up or down. That's my recommendation.
----: Let's hear that. Can we do that with five minutes on each side? Can we do that in five minutes and then we'll hear from the council. Okay. Councilman [clears throat] before he comes. So before each of you present um echo what attorney we said but I also want to know particularly because attorney we said you know how are you currently complying but I do want to know um was any alterations made after the initial application to the um alcohol commission. So that's it for me but I look forward to hearing arguments because I'm thoroughly enjoying this master class of attorney work today. You know, I don't know what what order y'all want to do it, but it may be that you might want to show what your situation is. And I don't know how y'all want to agree to do it. I don't.
----: Council Warren, did you want to say something?
----: Do you think that makes sense for y'all to go first?
----: Well, they speak. Did you want to say something? Go ahead.
----: I just have a question. Um, there was a guy named Gerald that was mentioned a little bit earlier. I don't know who he was. was mentioned by Councilman Spence a couple times that referring to Gerald. Uh, and you know, as I recall, you know, when this we we first heard about this thing, it had we had like we hadn't updated our ordinances for a while and we had like some 1980s version that sort of omitted, I guess, this 1500 and it's almost like that's what was presented to the alcohol commission. So, I guess Part of this is as we're sitting here, I know we're supposed to interpret the law, but we're also judges and judges sort of interpret the law based on the situation where you're there. So, I just need to know what our leeway is and I want to know who Gerald is and what he said.
----: You um Councilman Green and Madam Chair, I don't know who Gerald is either.

1:27:02

----: Council Warren, I think whoever council war, regardless of who Gerald is, that still doesn't have anything to do 1500 ft.
----: Okay.
----: I go second. I'll go second. I go second. Well, I had a presentation that dealt with this issue. I just didn't get to get to it. Um,
----: so we had 20 minutes, but anyway, I'm just Are they ready or You ready to go?

1:30:43

----: Okay, I'm going to get into opinions. Opinions. Okay, council. Are we ready?
----: Are they getting ready?
----: So much so much so much time. All right, madam controller, if you'll put five minutes on the screen and we're going to go ahead and get started. Oh.
----: All right, Madam Chair. Okay. So the rules will be
----: okay
----: each side will explain factually what's what's there and what's not there.
----: Okay.
----: Period. And then based on that you will make a decision. We don't want opinions and expert opinions and so on and so forth. We want facts. Basically those two facts.
----: What's there and what's not there.
----: Attorney Spence, would you like to begin?
----: Yes. Madame Controller, if you will please put five minutes on the screen. Hold on.

1:32:48

----: All right. Uh, as I understand the question in the area of inquiry, it concerns uh, what's there now? Um, and my time ran out. This is my next slide. All right. So, on this slide, we can see what Mr. Edwards submitted with his second application. Um, and you can see that every other survey measured along those blue dots from the front of the building to the street on which it fronts which is White Station down White Station to park. Turn on White Station and it is the distance is less than 1,500 ft. Well, what Mr. Edwards did in his new submission knowing that that that what he submitted the first time had been discovered. He then as opposed to measuring from the front of the store to the street on which it fronts, he started through the parking lot and measured through through his own parking lot to try to get more distance for so that he could meet the proximity distance requirement. And so that's what the Memphis Alcohol Commission approved. And that is inconsistent with the ordinance. That is inconsistent with the ordinance. So, the ordinance requires 1500 feet from the front entrance to the street center line, the blue dot. That's what the ordinance requires. That was that's what Mr. Edward submitted in

1:34:50

----: his first application. That's what his attorney told him it required. But in his new application, he ignored all that advice again and ran or started his survey by running it through his parking lot, not to the front of the street as all the applications as as all the surveys require, but through his own parking lot, claiming that his parking lot was a private drive, was a private private drive and as this council is well aware and a private street um the UDC speaks to what is a private street 5.2.17 2.17. A private street must be labeled on the fly the the final plat and be assigned as such. It has to have a lot and a block number. That doesn't exist here. The second requirement is that it must be constructed to equal or exceed the base materials compaction and final surfacing standards for public streets as certified by the city engineer. That doesn't exist here. And thirdly,

1:40:31

----: more. So, Mr. Spence warns of liquor stores proliferating. There's a cap on the number of liquor stores, and frankly, the citizens of Memphis should be allowed to follow the plain language of the ordinance. Now, we went through a long rigomearroll about that last year with another application, but this application follows the ordinance exactly as it's written. Not only that, as part of the Busters submission in 2023 to open its second store, they got an opinion letter from Josh Whitehead, former planning director, who analyzes this same section. In his opinion, he states, and this was accepted by the MAC and the mayor, the 1500 feet of churches, schools, parks, playground or liquors, libraries, and other liquor stores as measured along the street or private parking lot aisle for shopping centers, two acres areas, but it said should be acres from the midpoint of the front facade of the proposed liquor store that faces the street of the property line of a church, school, park, library, or playground. It's the same methodology. It's not new and we are here defending it. We went through. We got through the court case. We've followed the ordinance exactly as it's written. And here we are again being challenged. But again, we've evidence, we've shown the MAC over two days of hearings exactly how we follow the ordinance and we've exhibited it to you here today. Not only that, we've shown you how it was used by the quote opposition in their application just a few years ago. Thank you. Thumbs up, thumbs down. You have a minute left. Did you want to add anything? Uh,
----: you don't want to add anything, Judge D?
----: I I think they're doing, Madam Chair.
----: Okay. All right. Councilwoman Green, you're recognized. You're in the queue.
----: Thank you, Chair. Uh, Attorney Wade. Um,

1:42:32

----: so we've gotten a citation of the MUN code and we've gotten a citation of the definition in the UDC. Can you speak to the council about which is the controlling law that we should be looking at as we make this factual determination?
----: You know, I really don't know the answer to that question to be honest. I think it's um that's
----: do our ordinances
----: that's a question of of interpretation and I think that's something for the court to determine the issue before you is solely on 4-5 of the orders
----: of the ordinance. So that's my question is um our ordinances are speak specifically to the laws we want to enforce the UDC we've adopted it but it is uh more broad in scope right
----: no I I think it controls your decisions as well I think you may use the UDC as I mean sometimes as a persuasive authority for how you would interpret it, but it's still your your judgment as to how you interpret 4-5. and and I and I will commend the parties that they basically did what what I wanted them to do was crystallize the two positions before you whether four-5 controls and or whether the what the applicant did in terms of you know I don't want to say anything to Robert but but create a a position that they've used a private drive and the question is is it a private drive isn't
----: right. And so that's why I'm asking you about the definition of a private drive because it appears they are different in the UDC and in the ordinance. And so I would like to know when we're making this determination of fact as a quas

1:44:33

----: judicial body. We are only to be looking at the ordinance because that is what we are deciding on today.
----: Correct.
----: That is correct.
----: Okay. Uh, and look, I think we all are frustrated and would love for the alcohol commissioners to be here so that we could have some words with them because none of us would be here having to do this. But I just wanted to make sure that as we're looking at this, we're looking at the right definition so that we can make the determination of fact based on that definition.
----: Yeah, I think you are. But I think you've raised an issue that I have, you know, I've been involved and I've looked at this thing hours and hours and my I mean it's basically a land use restriction and and I would suggest that we look look hard at making it have to have a special use permit permitt and go through the UDC where we have a record. We don't have We have people with expertise in making those kind of recommendations to us rather than alcohol.
----: We're gonna fix this on the back end.
----: Yeah. [laughter] Yeah. I know. I understand. You you're you're preaching my language now. But but right now it creates a a clear ambiguity. And I think that's something a court would have to do. They would have to reconcile the two to see if they can stand together or they're inconsistent. And I and I don't think that's that's something that you have. Our job today is not to try to figure out which is the more controlling. Our job today is to specifically look at the ordinance, the language in the ordinance and interpret it based on that.
----: Yes.
----: Thank you.
----: Thank you, Councilwoman Green. Councilman Smiley, and then Dr. Warren, you recognize.
----: All right. My question is for council for Busters. I think um council forums um brought up brought up what I think is a pretty good point. Um, I want you to talk specifically about how do you rectify if it's true um, buser doing something similar in its second store.

1:46:41

----: Councilman Smiley, um, that argument um is a red herring. Um, Busters application submitted to the alcohol commission to open up its second store is not before the council. So to just lob some argument without challenging the distance requirement for busers is erroneous in a formal proceeding. So at the outset, it's a red herring argument, but but beyond that, the two locations are entirely different. They're entirely different. And so to try to compare Buster East's location with this location that that fronts on White Station within 30 or 40 yards to Busters East that's back in a shopping plaza. They're just totally different. Um and so it's it's difficult for me to explain to you all the differences that would be applicable to the Busters East location versus this location um when it has not been formally challenged. It wasn't been for the council and and if you measure around Busters East 1500 ft. There are no churches, there are no schools, there are no parks. So, it's it's it's just a difficult thing to to do uh without there being a formal challenge for me to respond to. Just a comment off the cuff.

1:48:43

----: I got a question for um I got a question for council for Edwards. What what I'm trying to Was there an existing driveway before and was that driveway being demolished to so that the the existing driveway is in compliance and if it was does it even matter? Okay. So, the way that I understand it is um opposing council's argument that is that it's supposed to go from the front door of the store directly to um the street. And was it at any point a different driveway or is it just a matter of the surveyor drawing the line a different way? Because I believe Go ahead. After going through the litigation, modifications were made to the site. Okay. If think back years ago when the crime was rampant, everything was going and and Belle's council can speak to this. The northernmost and southernmost uh curb cuts were closed with jersey barriers. Um after the litigation and in the fall before this application was submitted, the landlord modified his site and with city approval, proper proper city approval, all city approvals, u Memphis Fire Department involvement, they executed that plan. And but here the nuance that Mr. Spence speaks of isn't anywhere but the ordinance. The differences are not defined anywhere else but the ordinance. These places are not different. Ridgeway trace is not different than White Station Plaza as it relates to this ordinance. The requirements are simple. You measure from a private passageway

1:50:44

----: four vehicles in a multi-establishment commercial area of more than two acres per size. That is the same qualification to Ridgeway Trace. So you start there. But yes, modifications were made. And I alluded to this. This is in the record. If if you are building a building or doing anything and you get a citation from the city, you have the right to comply. You have a right to comply with the ordinance. If you pass if you fail your electrical inspection, you don't tear the building down. You comply with the ordinance. You get it right. And that's what we've done. The ordinance says what it says.
----: So, what did you do? What did you do to comply with the ordinance? Well, there was multiple reasons and again Bells can speak to this if you'd like to hear that or his counsel. Um the southernmost well this wasn't really this was done for fire compliance is the second entrance um was permanently shut except for fire department use only. Um and the northern curb cut was closed and the center curb cut was moved to align with the um with the across the street uh development and to better u to better uh traffic flow if you will.
----: I think my last question and I'm going let some other people ask the question in your opinion does the what I believe to be a modification after the fact even matter if it's in compliance now?
----: No.
----: Okay, that's it for me.
----: Thank you, Councilman Warren.
----: Thank you, Madam Chair. And you know, I think we're showing our legal uh expertise here today on the board. I'm just going to come through as a simple country family doctor here saying that looking at this, it seems to me that we shouldn't be here talking about this. Uh

1:52:47

----: we need to go ahead and think about what smells right and we need to vote that way. So, thank you very much.
----: Thank you, Councilman. Council Councilwoman White,
----: I see that our council is amused today. Um well, first I just want to say thank um both sides for their presentations. Um and you all ultimately really did get me to to really understanding what was going on. Um so we appreciate the background and the history and those things and thank you attorney Wade for giving us guidance on what our responsibility is in kind of narrowing the issues. So after listening carefully to both presentations, I just want to make sure that I got this. So the appellent is arguing that the measurement should be from the door storefront and then the appel um is arguing that the ordinance is own definition um gives gives a definition of private street um and that in this instance that it applies here because it's a multi- um establishment commercial um area with a private passageway for vehicles and that's where the measurement should start and that the last survey which is the reef survey says that it's 1539 square feet. Is that right?
----: The only thing I would like to correct it's well, okay, it's 1559.37. I would like to correct that the appellant is the opposition to the station. They appealed the MAC's decision of approval.
----: Right.
----: The Okay.
----: Right.
----: Okay. All right.
----: Right.
----: Um Okay. All right. And And so the the
----: what I want to make clear though is
----: Well, I I get it. The language in the ordinance states private drive. Okay, I got it.
----: Can I Can I
----: Thank you, Councilwoman White. Councilman Spinosa.
----: Thank you, Madam Chair. So, I'm going to ask uh Attorney Wade. So, after reading all this last night, I have been surprised today. So,

1:54:48

----: safe to say that the first attempt to get a license was denied for the reasons it was denied and explained today, not in compliance with the foot the 1500 foot rule. Correct. I think it was denied because the approval was void for failure to comply with the open meetings act which meant that they had to reapply because that original one was not was not effective.
----: Okay.
----: So when they came with the new one they changed they modified the site as they told
----: and so my understanding again what we're voting on today is is it in compliance today? Yes.
----: And just being honest here, I thought one thing before I got here today. So, what's a question is the private drive. Correct.
----: Correct.
----: And what about this as far as the private drive goes? You go to the center line of the street. Typically, you would see a straight line from that center line.
----: Correct.
----: Yes.
----: And now we've got a swerve and that's how we're so close to the 1500T rule. He said 1555. So, what what we're voting on today is the swerve line versus a straight line.
----: That's correct.
----: How many do we know how many swerve lines we the alcohol I can't wait to talk about the alcohol commission at our next meeting um and then not talk about them, but
----: All right. So, so what's what's before you tonight is a vote to um approve the appeal. If you approve the appeal, then you vote in favor of the Romulus app.
----: Yes, it's a yes to vote. A no appro denies the appeal and and that is in favor of grind management. A yes means you approve the appeal and

1:56:50

----: you've you're against grind management. And no is do not overturn the decision.
----: Right.
----: Yeah.
----: Okay.
----: And hey, for the record, I want to say I have relationships, very close ones on both side of this. So, I'm not voting against any individual today. I'm trying to interpret the law. So, I just want to say that for the record.
----: Dr. Warren, I was ready to call for the vote.
----: Yes, ma'am. I just have one uh question. I have relationships with both and like both. I feel the same way you do, but I think we have seen one other curved line today. That's the only other I don't know how many alcohol has to deal with, but we did see one other besides this one.
----: Judge Donald, did you want to say something?
----: Yeah, just one thing on behalf of Mr. Edwards, I want to thank you for this opportunity, but I do want to make this point under Tennessee law because I've heard the word up here, ambiguity. If there is a perceived ambiguity in the ordinance, that ambiguity must be resolved in favor of the applicant and against the municipality. That's the law. And I've got many cases I can give you city of Mercur uh right versus city hall. There are a bunch of them, but I just wanted to make that point. If if you perceive there is an ambiguity, then the ambiguity must be resolved against the government in favor of the property owner.
----: Thank you.
----: Thank you,
----: Judge. Uh, Councilman Smiley, you recognize.
----: I do not want to be a judge.
----: Can I make one final point?
----: It's not.
----: How long?
----: 30 seconds.
----: I'm not sure about brevity with you, Attorney Spence, but go ahead then. I'm gonna say it and then I think we're going to call for the question.
----: All right. The ordinance says the center line of the public or private street. Then it defines a private street as a passageway. But but then but we're not talking about the most important

1:58:50

----: language on which the liquor store fronts. So public or private street is attached to on which it fronts. There's no question in this case that this liquor store fronts on white station. It doesn't front on a private passageway. And so when you read the ordinance as a whole, it's clear. There's no ambiguity. It's on which it fronts.
----: All right,
----: Councilman Smiler, we wrap it up.
----: Can I call for the question after this?
----: Yes.
----: All right. Uh, I'm gonna make a statement and I'm pretty sure it's gonna be litigated. Um,
----: oh, I'm making a statement.
----: You know, I just, you know, when you about to make a vote, you should uh should give people a reason why. So, here's my position and I'm going to tell you how I'm going to cast my vote. I believe, you know, after looking at the ordinance and hearing the the excellent argument by both council, so kudos to to both both sides. I believe that um the way that Edwards um addressed the the the survey, it violates the spirit of the ordinance. However, I don't think this council should be in the business of putting folks out of business. I'm going to vote no. Um, and that's my reason why.
----: If you'll please prepare the screen.
----: Oh. Oh my goodness. Y'all, come on now.
----: I'm sorry. We We can vote, but I do want to say this because Well, no, because I just wish you would have just left Willinger alone because
----: Tell me what to do.
----: Well,
----: lawyers. So I I know [clears throat] attorney Wade I will but this is what I will say. I just didn't agree with the

2:00:52

----: that it violated the spirit of the law part because as I said here it seemed as if that it's a commonly used methodology and then I think what's persuasive is the ordinance itself that says that a private from a private drive and it explains it such as this as a multi-establishment commercial property. And so it seems that the ordinance itself actually describes a private drive and that that measurement is what is used and has been used for that particular ordinance. So for that reason, I'll be voting the other way.
----: You tell me you can't leave well enough alone and then make an argument to
----: All right. Thank you, council members. Madam Control, I want to stop
----: giving us a bad name.
----: Thank you. Uh council members, please prepare the screen. Canali, no. Easter, Thomas, abstained. Ford, abstain. Green, no. Smiley, no. Spinosa, yes. Warren, no. White, no. Chairwoman swearing Washington, no.
----: Please show council member Walker as voting no on this item. All right. Thank you.
----: That item failed.
----: Okay, that brings us to our same night minute items. Councilman Canali, would you please read the same night minute items into record?
----: Thank you, Madam Chair. Same night minute items are 4, 7, 16, 17, 18, 19,

2:02:55

----: and 20. With that, I move it to the floor.
----: Thank you. It's been moved by Councilman Canali and second by Councilman Dr. Warren.
----: Please prepare your screens for the voting. Canali. Yes. Easter Thomas. Yes. Ford. Yes. Green. Yes. Smiley. Yes. Walker. Yes. Warren. Yes. White. Yes. Chairwoman swearing Washington. Yes.
----: That item passes. That moves us to our public comment cards. First on the agenda is Cynthia Bailey and then Lucy Chamblas. Chamblas. Miss Cynthia, Miss Lucy, and then Corey Travis. Hello. Good evening to you all. Uh Cynthia Bailey, community advocate at uh 1095. Huh. Okay. Go ahead. Yes, ma'am.
----: Oh, Popular Avenue. Um, I'm coming today. It been a lot of issues at matter as you all know and myself, Mr. Johnny, Mr. Sammy. We came in May and we have given

2:04:57

----: you all a list of things that been happening and occurring in matter. The things that supposedly been happening haven't been happening. Now, I heard you all say that uh Mr. Hol is doing a great job, and it's okay if you all feel that way, but we totally disagree. We don't see no new buses that you all said that's supposed to be out. Uh I think uh Council Lady White was on the uh news or something talking about a great job that he's doing. Okay, that's fine. But when you have the community as a whole consistently and constantly come to us and complaint every day, it's not one day that I'm down there that I hear complaints consistently about the buses. Transportation matters just like police department matters, just like education matter, transportation matters. And it's to me now I'm feeling like when we come up here and say these things it's going in one ear out the other one because we out here and I promised on an oak that I'm going to do everything in my power when I was on the board and I'm continually doing it but we need support. We need someone to speak up and speak out about what the citizens are coming saying to you all. Okay. Uh, Council Lady Eastston Thomas, you asked us in May to give you a list and we gave you all a list of things. We have not received any feedback from nobody about that list.
----: Thank you. Would you like to respond,
----: Miss Bailey? Spot on. I did get that list from you and we didn't receive any response. So, that's why I didn't give you a response. I just wanted to make sure that that was on your record, too. Thank you, Miss Lucy.

2:06:59

----: Lucy Chamblas. Um, I'm a little thrown off. I don't think I've ever seen that many Republicans in this room.
----: Sorry.
----: I'm ready. Yeah. Uh, two weeks ago, I stood before you and asked you to do something. At that time, three people had been killed by the Memphis Unsafe Task Force. Darren Pilgrim was killed by DEA agent Levi Blandon. Why was the DEA serving a warrant that didn't have anything to do with drugs, though? When Memphis police were on the scene, why did we have to have a federal task force, federal agents carrying rifles to confront a man at work? We need to understand why that happened. Jonah Neil was killed by an HSI special agent. He was suffering a mental health crisis and his family called for crisis intervention. Why was an HSI special agent sent? We need answers on that. I stood here before you last time just a couple of days after members of the National Guard, the United States military, gunned down 20-year-old Tyron Johnson. I asked [clears throat] who gave consent for the military to carry weapons and engage in law enforcement activity. Mayor Young made it sound like they'd be picking up trash and Governor Lee said that they wouldn't be armed or engaging in law enforcement activities unless requested by local law enforcement. So, who made that call? The day after I last stood here before you, Alfonso Ivy was shot and killed by DEA agents. And again, we have to ask, why was the DEA involved? At this point, eight American citizens have been killed by these federal task force nationwide so far this year. Half of these extrajudicial killings have happened here in Memphis. And the most we've heard from this administration is that they were unfortunate incidents. I'm here asking not only for the release of a single video or answers to the

2:09:00

----: questions I've posed tonight, but for full transparency and accountability to the public. Who is making these calls that is making life more difficult and less safe for Memphis? And where is our leadership? How is that seat at the table served us? And is it not time for us to remove ourselves from a table that never truly welcomed us in the first place? Thank you so much, Corey Travis. And then Wenia Heyman. Corey Travis isn't here. Okay. Wenia Heyman, she isn't here. Claudia Hyman. Sammy Hunter. Yes. Uh my name is Sammy Hunter. Uh 4211 Park Avenue. Uh I co-chair the Memphis Bus Rider Union since 2012. Uh council, today I'm coming to you similar on some things that Miss Cynthia Bailey said. I'm piggy back on that. Uh first thing, bus riders are still standing two or three hours waiting on bus even if they got trackers on the phone. the buses are still not showing up. [snorts] Um, the second thing is that when Mr. Holmes first got in, there were 20 buses that were approved by the board, which Miss Cynthia Bailey was on. Uh, 20 buses supposed to been coming from Kentucky. Mr. Holmes stopped those buses from coming. My thing is, if he at least could let some of those buses come in, we wouldn't be in the shape that we're in now. They say they got a bus shortage going on. If he had let some of those buses come in, we wouldn't be going through what we going through now with the bus riders standing out here long periods of time. Now, the second thing he said 12 buses, new buses, he wanted new buses. I understand that. He said 12 buses were expected in June. That's what Mr. Holmes word was. Now, we going almost going into August. We don't see

2:11:02

----: any buses yet. We haven't seen anything. So, I'm just saying this is a mess. Um, you can look at it if you want to look at how you want to look at it. But Memphis needs a better transportation system in in Memphis. We need a better because when you go to other cities, that's what they say. Well, what what's wrong with y'all transportation system down there? Well, I don't want to come there because I can't get around. And oh, you don't have the trolley to get me where I want to get. I'm trying to visit Memphis, but I can't come because you don't have a better transit system. So, this is what I've been to other cities and I see this. is it it makes me makes me mad when I hear this because I know we can do better than this. We need to do better in the city of Memphis and we need people on board to try to get this transportation system better. Thank you.
----: You're absolutely right. We appreciate your comment, Councilman Ford.
----: Okay, let me get something straight right now.
----: Yes, sir.
----: With the buses. Yeah, we were supposed to be getting some buses from Kentucky. If I get something from Kentucky that just like the ones that we're trying to get rid of. No, that's why you stop here. Now, if you go and check your facts, we've got nine new buses in. I am not a liar and please don't call me that. He's not a liar.
----: Please let me talk, okay? And then you go get your story straight and then you will know about the buses that are here. They coming by threes. We've got three, six, nine. This week we should get three more. Be that 12.
----: Within the end of the year, we will have some brand new more buses.
----: If you go out there, they will be glad to show them to you.
----: I ask for the councilman to respond. This is not a debate and he is sharing some information. Please continue. Councilman,
----: I appreciate it. But do not ever call me a liar because I don't lie. I don't have to lie. I'm too old to lie, you know, but I don't like nobody don't

2:13:04

----: get facts, you know. We've been meeting with the bus people, okay? But y'all are not listening. Y'all are listening to the wrong people. But I know as a fact how many buses have come in and they're coming in that way. Three, three, three, and three. And you're one thing that you're correct is shortages on trying to get buses. But we going to have brand 12 brand new ones and by the end of the year we going to have quite a few more brand new buses not a used bus that's going to break down. Then not only that the riders and you know you people saying three hours I don't know where you're coming from with that. That's not true either. Okay. Unless you missed the bus and then it wasn't supposed to come till that time. You know, if you supposed to be there at 7:00, you got there at 7:15, that bus gone. So the next one may come at a certain time. Okay. Only thing that we're having right now and I'm having issues with that right this minute and that we hadn't even had fair. You can ride the bus free. How many cities ride the bus for free? Now, my wife is from Mobile, Alabama, and you go there, you going to pay quite a bit because, you know, that's privately on. They don't have brand new buses. You know, it takes time. We've been working on this for quite a while, but it's much much better. Okay. We had some Hey, and it's our fault that we had the wrong people trying to get it together. They kind of disappointed us. But we on right track right now. Y'all talking about Attorney Holmes.

2:15:06

----: He could be doing something much better. He don't have to be helping us. This man is doing a job to help the city. Okay? We're trying to keep him as long as we can because ready to go. He was supposed to only been here 90 days. This man changed things within 30 days. We can't afford this man. But this man is just here to try to help this city. He can be gone today, tomorrow, and everything else. You know what we end up giving this man, he make that in a few days. He don't have to help us. He's willing to help us and to stay on, but he could have been gone in that 90 days. But I need y'all to get y'all's facts together. You know, everybody's complaining bus this this. They even complain about bus stop. He built some Well, hey, if it's raining, you can be under something. Why complain? Oh, you put it in the wrong place. everything you're not happy, you know, but get your facts together. I'm going to be quiet, but please get your facts together because hey, that's what you're saying is not true and I don't want the public to see that, hey, these things are not true because it's it's happening. Okay. Thank you. Thank you, Chair.
----: And thank you for your leadership. And we know that matter was a disaster. And we've had to practically start from scratch. I mean, for real. So, we're going to continue to work because we know we deserve a better transit system. And we will not rest until it continues to improve. In a lot of cities, you can ride the bus 24 hours. So, we have a lot of work to do, but we

2:17:06

----: will not rest until we continue to provide the services that you all deserve that we deserve. Mr. Ricky Lewis and then Johnny Mosley after Johnny Mosley, Andrew Guthrie, and then Bana Bird. And that's it. Good afternoon.
----: Good afternoon.
----: My name is Rick Lewis and I am the still advocate of the ones that fired at MLGW and that Timothy Davis uh been having contracts uh MW. side of America.
----: Uh he he'll he'll help you with that microphone. Just fix that for you. There you go.
----: Yeah. Timothy Davis VP from Light Gas and Water. They are really uh robbing the city of Memphis. Uh like Gas and Water [clears throat] with the contracts. Um, if I've seen I gave you some some brochures or whatever and and it says Ruth is 30 years. She been knowing him 30 years. So if if a friend come and get a 8 million a $5 million contract that is is that a cold event if it was one of you guys channel 3513 CNN be investigating you guys. So I feel they need to be investigated. All contracts from Davis, it need to be it needs it needs to be um needs to be investigated.

2:19:06

----: Ruby is the contract lady. is the VP, senior VP of ECS partner and it was closed uh 2025 and now they have a contract of hometown hub and Memphis city Memphis Memphis Light Gas and Water has always trained our own at Memphis. We never went outside to get nobody. We trained our own at like gas and water and now we going to California by getting people from California or Texas or whatever. If CJ Davis had fired them, this chamber would have been crowded every every every week. Thank you.
----: Thank you, Mr. Lewis. I would like to encourage you to go to the MLGW board member meeting and share your sentiments. That would be a great place to speak to those individuals who are making those decisions.
----: I have already.
----: Okay. Thank you.
----: Thank you,
----: Mr. Johnny Mosley. And then Andrew Guthrie.
----: Johnny Mosley, 1150 Pedican Lane. When you are a transit advocate, you hear a lot. You even feel the pain of bus rider. You know what it's like to be cursed out and to be treated as a nobody. But when you've been honored as a living legend and recognized by leadership organization for your leadership, Apple fraternity, the Deltas, and the state legislator, you look back with deep gratitude. You remember why your late father, a 50year sanitation worker, march for dignity and the struggle that brought Dr. King to Memphis, Tennessee in 1968. I'm grateful to stand as a voice for bus riders who feel that they are trapped in a public transportation system that is stripping them of their dignity. I understand what I just heard from the

2:21:08

----: city council earlier and my city council member Councilman for who I have nothing but respect. I can only respectfully ask that the transportation committee schedule a meeting to address the problem facing bus riders. The pain that bus riders are facing. Some of the same pain that 1300 sanitation workers and their family face in 1968. I can only respect the fact and ask this city council to move public comments early up so bus riders be allowed to speak for themsel and don't have to worry about being stranded downtown as I witnessed their suffering standing in the hot sun over 100 degrees today I'm reminded of those dark days when Memphis was called a decaying backwater river town if Memphis has to truly move forward to be what someone called the shinest city on the hill, then we all must turn to each other rather than on each other regardless of our differences of whether or not we agreed on what's going on today.
----: Thank you so much, Mr. Andrew Guthrie
----: and then Bana Bird.
----: Good evening. I'm here with concerns about the held civil service referendum ordinance put forward by Council Member Carlilele. I'm sure you'll agree we need clear communication between politicians and the workers of Memphis. Frankly, this referendum is opaque, concerning, and confusing. Though I very much hope I'm mistaken, it seems the referendum would undermine the very basis and existence of civil service protections in Memphis. That would be disastrous for our city. For months, you all have been hearing from our library workers how

2:23:10

----: they are desperate for basic civil service protections. You wisely decided to open a path for them to win those protections. It is fortunate that you have more time to consider this issue because the public workers of Memphis need answers. I ask you and I ask you to ask yourselves, would you want to take away the basic autonomy that public workers need to do their jobs? Would you want to give politicians more power over the working people of Memphis? Do you want to weaken or do away with civil service protections? And most importantly, will you protect our public servants? Thank you in advance for trying to be more transparent with us and please protect our civil servants.
----: Yes, sir. Thank you so much for coming down. This Bana Bird.
----: Hey, Brianna Bird. 720 Lobe Street. Uh good afternoon, council members. I'm also here because um I am concerned and a little bit confused about um item 14 that was uh pushed from this meeting, which I am grateful that that was pushed from today. Um I'm afraid that the referendum could undermine the protections that our government workers need to do their jobs because the foundation of good government is independent and nonpartisan civil servants. Of course, last year, Donald Trump and Elon Musk showed how dangerous it is when someone creates new government entities that can undermine civil servants. Uh, I have to ask, would this referendum create something similar to Doge in our city? I also, uh, want to know, what are the motivations behind this referendum? Is

2:25:11

----: someone trying to do away with civil service protections as we've heard in the past? And looking at the language in the ordinance, can you be clear about what these uniform administrative procedures or systems for disposition of appeals would be? Uh would city hall be undermining the independence of the civil service board? These are just some of the questions that we've got um and would like some further clarification on because we're a little unsure about this. Um yeah, to close um please protect civil service workers. Uh, and I appreciate your time. Thanks.
----: Thank you for coming. We held it because we wanted additional clarification as well.
----: Thank you.
----: Thank you. All right. That was our last comment card. I will entertain a motion to adjourn. It has been moved by Councilman Ford Canal. Can I get a second? All right.

Gov901

Memphis City Council: July 21, 2026

At a glance

Transcript