Smith County, Tennessee Government Accountability


This Violates So Many Federal and State Laws

See information below on this order.

Court OrderDownload

Summary of the Order (Quoted Text)

The order states:

“any and all electronic devices… are barred from the Smith County Court’s Facility” “no firearm or weapon, no bags, no briefcases, or any other item that could secure a weapon…” “The only exceptions… are for court personnel, members of the bar, jurors… or others with prior approval”

This creates a blanket ban on the public while exempting insiders.

1. ADA Title II Problems (Federal Law)

ADA Title II requires equal access to courts and reasonable modifications to policies.

Issue A — No ADA exceptions

The order bans:

  • bags
  • briefcases
  • electronic devices
  • “any item that could secure a weapon”

There is no exception for:

  • medical bags
  • insulin pumps
  • glucose monitors
  • communication devices
  • mobility‑related electronics
  • seizure‑alert devices
  • disability‑related equipment

This violates ADA Title II because the county must allow reasonable modifications unless doing so would fundamentally alter the service.

Issue B — The ban blocks access for people with disabilities

Under Tennessee v. Lane, access to the courts is a fundamental right. If a person cannot enter the courthouse because they cannot leave behind:

  • medication
  • medical equipment
  • assistive devices

…the order violates federal law.

Issue C — The order is discriminatory on its face

The order exempts:

  • court personnel
  • attorneys
  • jurors
  • “others with prior approval”

But not the public.

ADA prohibits policies that segregate or treat the public differently without a legitimate, nondiscriminatory reason.

2. 14th Amendment Problems (Equal Protection & Due Process)

Issue A — Unequal treatment

The order bans the public from carrying items that attorneys, staff, and law enforcement are allowed to carry.

This creates a two‑tier system:

  • Tier 1: insiders (allowed to carry devices and bags)
  • Tier 2: the public (banned from carrying the same items)

Under City of Cleburne v. Cleburne, unequal treatment must have a legitimate, non‑arbitrary justification. This order does not provide one.

Issue B — Barriers to court access

Under Griffin v. Illinois and Bounds v. Smith, the government cannot create barriers that prevent people from accessing the courts.

If a person cannot enter because they cannot leave behind disability‑related items, the order violates due process and access‑to‑justice protections.

3. Tennessee Law Problems

Issue A — Violates Tennessee Courthouse Security Standards

Tennessee’s statewide courthouse security standards require:

  • ADA accommodations
  • exceptions for medical devices
  • non‑discriminatory screening

This order provides none of those.

Issue B — Violates Tennessee Human Rights Act

The THRA prohibits discrimination in public services. A rule that bans the public but exempts insiders is discriminatory on its face.

Issue C — Violates Tennessee Constitution Article I, § 17

This guarantees the right to access the courts. A blanket ban that blocks access for people with disabilities violates this right.

Issue D — Violates T.C.A. § 8‑2‑201 and § 8‑2‑202

Courts must operate in compliance with state and federal law. An administrative order cannot override ADA or constitutional protections.

4. Internal Logic Problems in the Order

Issue A — “Any item that could secure a weapon” is overly broad

This includes:

  • purses
  • backpacks
  • diaper bags
  • medical bags
  • laptop bags
  • even some clothing

The order is vague and overbroad, which courts routinely strike down.

Issue B — No grievance process

ADA requires:

  • a posted ADA Coordinator
  • a grievance procedure
  • a way to request accommodations

The order provides none.

Issue C — “Prior approval” is discretionary and unregulated

This allows:

  • arbitrary enforcement
  • selective enforcement
  • unequal treatment

This is a classic 14th Amendment problem.

5. Enforcement Problems for Deputies, Sheriff, and County Officials

Deputies

Deputies cannot enforce an order that violates:

  • ADA Title II
  • the Constitution
  • Tennessee law

They must report violations and request clarification.

Sheriff

The sheriff must refuse to enforce unlawful portions of the order and must ensure ADA access.

County Mayor

The mayor must ensure county government complies with federal law and must intervene when notified of ADA violations.

ADA Coordinator

The ADA Coordinator must:

  • identify ADA conflicts
  • notify officials
  • recommend modifications
  • ensure access is restored

Failure to act is deliberate indifference under federal law.