Courthouse

Administrative Order

How a Courthouse Administrative Order Can Violate State and Federal Law

Some Tennessee courthouses issue administrative orders that ban the general public from bringing:

cellphones
bags
electronic devices
briefcases
medical bags
items that could “conceal a weapon or explosive”

However, these bans often do not apply to:

courthouse staff
law‑enforcement officers
attorneys
judges
jurors

When an order bans the public but exempts insiders, and does not provide ADA accommodations, it can conflict with multiple state and federal laws.

Below is a clear explanation of how and why.

1. ADA Title II Requires Equal Access to Courts

Under ADA Title II, state and local governments must ensure that people with disabilities have equal access to:

courtrooms
clerk’s offices
public counters
hearings
court services
courthouse entry

A blanket ban on bags, phones, or electronic devices without ADA accommodations can violate federal law because:

Many disabilities require medical bags Some disabilities require electronic devices Some disabilities require communication tools Some disabilities require monitoring equipment Some disabilities require medication access

If the order does not allow reasonable modifications, it conflicts with ADA Title II.

2. Administrative Orders Cannot Override Federal Law

A judge’s administrative order is not above:

the U.S. Constitution
ADA Title II
federal civil‑rights laws
Tennessee statutes

If an order blocks access for people with disabilities, the ADA supersedes the order.

Federal law always comes first.

3. Selective Bans Can Create Unlawful Discrimination

If the order bans devices for the general public, but allows:

attorneys
courthouse staff
law enforcement
judges
jurors

…then the rule is not neutral.

Courts cannot create a two‑tier system where:

insiders get full access the public gets restricted access

This raises equal‑protection concerns and can violate ADA nondiscrimination rules.

4. Tennessee’s Own Courthouse Security Standards Require ADA Exceptions

Tennessee’s statewide courthouse security standards explicitly state that:

Medical devices Items required for disability access Items needed for medical monitoring cannot be treated as prohibited items.

If an administrative order bans these items without exception, it violates Tennessee’s own rules.

5. The Order Cannot Block Access to the Courts

The U.S. Supreme Court has repeatedly held that the public has a right to:

access courts
participate in proceedings
attend hearings
defend themselves
pursue legal remedies

If a person cannot enter the courthouse because they cannot leave behind:

medication
medical equipment
communication devices
disability‑related items

…the order may violate constitutional access‑to‑justice protections.

6. The Order Cannot Be Enforced in a Discriminatory Way

If deputies enforce the ban only against the public, but allow:

staff
attorneys
law enforcement

…to carry the same items, this creates:

unequal treatment discriminatory enforcement potential civil‑rights violations

The ADA, the 14th Amendment, and Tennessee law all prohibit discriminatory enforcement.

7. The Order Must Include a Reasonable‑Accommodation Process

ADA Title II requires every courthouse to have:

a way to request accommodations
a way to appeal denials
a posted ADA Coordinator
a grievance procedure

If the administrative order provides no process for:

medical exceptions
disability‑related devices
communication needs
medication bags

…it violates federal ADA regulations.