In The Courts

Shelby County (Memphis), Tennessee, historically set cash bail in criminal cases without stopping to ask whether people would be able to bail out. This practice unnecessarily detained people who could not afford to pay for release, but who would otherwise return to court and live peacefully in their communities. The ACLU Criminal Law Reform Project negotiated a historic settlement with Shelby County to end this practice. In retaliation, the Tennessee legislature passed HB 1719, which prohibits judges from considering an arrestee’s ability to pay when setting bail. This law is unprecedented. Our lawsuit seeks to enjoin Shelby County officials from enforcing it.

Luc Esquivel is a 15-year-old sophomore at Farragut High School in Knoxville, TN who has been looking forward to trying out for the boys’ golf team. That aspiration was derailed when the Tennessee legislature passed and Tennessee Gov. Bill Lee signed into law SB 228, which bans transgender middle and high school students from participating on interscholastic sports teams that match their gender. Luc and his family have sued the state of Tennessee.

This case in the Tennessee Supreme Court asks whether the right to petition is an exception to the employment-at-will doctrine. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Tennessee, filed an amicus brief focused on the scope and importance of the right to petition under the Tennessee Constitution.