Settlement Declares Anti-Immigration Voting Law Unconstitutional  

NASHVILLE, Tenn. – Tennessee will no longer criminalize local officials for how they vote under a proposed settlement announced today. The American Civil Liberties Union of Tennessee and the Nashville-based law firm Herzfeld, Suetholz, Gastel, Leniski and Wall PLLC reached a settlement with Attorney General Jonathan Skrmetti and District Attorney Glenn Funk that, if approved by the court, will end enforcement of a law that made it a felony for local elected officials to vote in favor of policies supporting immigrant communities. The state acknowledged that the law unconstitutionally violates legislative immunity, the foundational principle that protects elected officials from prosecution for their voting record.

The agreement resolves a lawsuit filed in June 2025 by seven Nashville Metropolitan Council members who faced potential criminal prosecution and one to six years in prison simply for casting votes to serve their constituents. The ACLU-TN and Herzfeld, Suetholz, Gastel, Leniski and Wall PLLC represented the council members in the challenge. Shortly after the lawsuit was filed, Attorney General Jonathan Skrmetti certified to the Tennessee General Assembly that he could make no legal argument defending the constitutionality of Sections Seven and Eight of Senate Bill 6002. The General Assembly declined to hire outside counsel to defend it.

“It is antithetical to a free society for legislators to be charged with a crime for representing their constituents,” said Lucas Cameron-Vaughn, ACLU-TN interim legal director. “This law criminalized key aspects of a working democracy. It made dissent a felony. This agreement marks a major recognition that laws that target officials for voting violate the very foundation of the Constitution.”

Senate Bill 6002 made Tennessee the only state in the nation to impose felony liability on local officials for voting in favor of vaguely defined “sanctuary policies.” The law essentially criminalized local officials for advocating for their constituents, mandating their removal from office for votes on policies ranging from community policing practices to local resource allocation. All decisions that fall squarely within the authority of local governments.

Under today’s agreement, District Attorney Glenn Funk and Attorney General Jonathan Skrmetti will not bring criminal charges or removal proceedings against any local official under the challenged provisions. The Attorney General will notify district attorneys, sheriffs, and police chiefs statewide of the settlement and will pay attorneys’ fees and costs.

“Local officials shouldn't have to risk their freedom to represent their communities,” said co-counsel Jeff Preptit of Herzfeld, Suetholz, Gastel, Leniski and Wall PLLC, who also serves on Metro Council representing District 25. "With this outcome, every elected official in Tennessee can safely continue voting according to their constituents’ needs and their own judgment, just as the Constitution requires.”

The lawsuit was brought by Council members Clay Capp, Brenda Gadd, Delishia D. Porterfield, Sandra Sepulveda, Zulfat Suara, Terry Vo, and Ginny Welsch. Their challenge focused on two provisions: one that made voting for certain policies a Class E felony, and another that required the attorney general to pursue removal of officials convicted under the law.

The proposed settlement filed today can be found online here.

The plaintiffs shared the following statements:

Clay Capp, District 6 Council Member: “This settlement affirms a basic American principle: the government cannot prosecute you for how you vote. Tennessee tried to gag local officials with threats of prison time, but the Constitution doesn’t allow that. Every elected official in Tennessee can now represent their constituents without looking over their shoulder at criminal penalties. That’s how representative democracy is supposed to work.”

Brenda Gadd, District 24 Council Member: “When a law collapses under constitutional scrutiny, that’s not a technicality, that’s a warning sign. The state attempted to criminalize local governance decisions simply because it disagreed with them. Local officials are elected to reflect the needs and values of our communities, not to operate under the threat of felony prosecution for doing our jobs. This outcome reaffirms a basic principle that disagreement is not a crime, and public service is not subject to political intimidation.”

Delishia Porterfield, Council Member At Large: “I joined this case because I refuse to be intimidated out of doing what I believe is right. The settlement confirms that democracy works best when elected officials are free to vote their conscience and serve their community.”

Sandra Sepulveda, District 30 Council Member: “I was elected to represent my community, not to be threatened with prosecution for doing my job. This law attempted to silence local leaders and intimidate us out of standing with our neighbors. Today’s settlement sends a clear message: democracy cannot function when votes are treated like crimes. Our immigrant families deserve representation without fear.”

Zulfat Suara, Council Member At Large: “This case was bigger than Nashville. Legislative immunity protects every elected official. The state’s acknowledgment that this law violated that protection is a victory for constitutional principles that matter to all of us. When they tried to make compassion a crime, we stood up, and the law was on our side.”

Terry Vo, District 17 Council Member: “This settlement is a powerful affirmation of democracy and the rule of law. No elected official should ever face prison time simply for casting a vote on behalf of their constituents. Today, Tennessee acknowledges what we have maintained from the beginning: our votes are not crimes. The outcome protects not just council members, but the democratic voice of every Tennessean we were elected to serve.”

Ginny Welsch, District 16 Council Member: “Elected officials need the freedom to pursue policies that build trust and serve all residents. The state’s inability to defend this law shows how extreme it was. The settlement protects local leaders’ ability to do what we were elected to do, which is lead our communities according to their needs and our best judgment.”

About the Organizations
ACLU of Tennessee: The American Civil Liberties Union of Tennessee (ACLU-TN) is an affiliate of the national ACLU. A non-partisan non-profit organization, for more than 50 years, ACLU-TN has been dedicated to defending the principles of liberty, equality, and justice that are embodied in the U.S. Constitution. For more information, visit www.aclu-tn.org.

Herzfeld, Suetholz, Gastel, Leniski and Wall PLLC: Founded by Tricia Herzfeld, Dave Suetholz, Ben Gastel, Joe Leniski, and Mike Wall, HSGLaW focuses on complex civil litigation, union-side labor law, civil rights and advising public utilities. For over twenty years, our lawyers have provided legal services aimed at vindicating individuals and entities subjected to corporate malfeasance, protecting those injured by negligence, supporting and advocating for workers’ rights, guiding public utility companies, and fighting to ensure that people’s civil rights are protected.