LAW MATTERS
M a rc h 201 7
V o l um e XXV I I I N o . 1 1
November 3, 2011 8:00 am
December,
Solos & Small Firm
Group
Solos & Small Firm Group
LAW Announces 2017 Award
Recipients
The full calendar can be viewed online at www.law-nashville.org
November 3, 2011 5:30 pm
December 13, 2011 11:30am
Book Club
Judge Martha Craig Daughtrey
Award Recipient
Unless otherwise noted, board meetings are held in the Training Room of the
Nashville Bar Association, 150 4th Avenue North, 12th Floor. Monthly membership meetings are held at the Nashville City Club, 201 4th Avenue North, 20th
Floor. Vegetarian meals are available through pre-order.
Justice Cornelia November
A. Clark
8, 2011 11:30 am
Board Meeting
Justice Cornelia Clark has been selected for the 2017 Judge Martha Craig Daughtery Award.
Judge Clark was appointed to the Tennessee
Supreme
Court
2005 and was elected to a full
November
15, 2011
11:30in
am
eight-year term in August 2006. She Monthly
has served
longer than any other member of the current
Membership Meeting
Court. In 2010, she was sworn in as Chief Justice, becoming the second woman in Tennessee
history to serve in that role. She has served as the Chair of the Judicial Council and the
November 16, 2011 5:30 pm
State’s First Chair of Tennessee Judicial Evaluation Commission. Before her selection to the
Networking Happy Hour
Supreme Court, Justice Clark served as Director of the Administrative Office of the Courts
and appointed Circuit Court Judge for the 21st Judicial District in 1989 where she served as
the first woman trial judge to serve in rural counties from 1989 to 1999. Also preceding her
The full calendar can be viewed online at www.law-nashville.org
appointment to the Supreme Court, Justice Clark served as a LAW Director for two years.
She also was one of the first women partners in a large law firm in Nashville, Farris, Warfield
Unless otherwise noted, board meetings are held in the Training Room of the
& Kanaday.
Nashville Bar Association, 150 4th Avenue North, 12th Floor. Monthly membership meetings are held at the Nashville City Club, 201 4th Avenue North, 20th
Floor. Vegetarian meals are available through pre-order.
Justice Clark worked tirelessly to help Middle Tennesseans of all ages and backgrounds learn
about the judicial system. She has made innumerable presentations at churches, schools,
women’s organizations, Rotary clubs, libraries, and other community events, such as Leadership Franklin and citizens police academies. She has served the Congressional Conference on
Civics Education as a National Judge for the “We the People” High School completion,
helped create the Tennessee Supreme Court’s SCALES program, has taught more than 450
schools and 25,000 students in the state about the importance of the legal system, and served
as a leader in the Access to Justice faith-based initiative. Justice Clark is both a role model
and an advocate for women across the state. Justice Clark has spent her career working to
ensure that Tennessee’s legal system is fair for all citizens and paved the way for women to
take on roles of responsibility. Her dedication to the legal community and promoting women
in the legal profession demonstrates why Justice Clark is so deserving of this award.
Rising Star Award
Ashonti T. Davis
Ashonti Davis has been selected for the 2017 LAW Rising Star Award. Ashonti has
served LAW as a Newsletter Editor, First-Year Director, and a Second-Year Director. In
addition to her commitment to LAW, Ashonti is also dedicated to her profession and her
community.
She has served as a Judicial Clerk to the Honorable John W. McClarty on the Tennessee
Court of Appeals, worked as a litigation attorney at both Miller & Martin, PLLC and
Butler Snow, LLP, and is now in-house counsel at Aetna Senior Supplemental Insurance.
She is a member of the American Bar Association, the Nashville Bar Association, and
the Harry Phillips American Inn of Court. Ashonti has also been selected as a Member
of the Tennessee Bar Association Leadership Law Program, the Nashville Bar Foundation Leadership Forum, and the Young Leaders Council.
Her community involvement includes coaching a mock trial team at Stratford High
School, serving as a mentor for the Nashville Bar Association’s Minority Internship Program, coaching a mock trial teams at the 100 Black Men of Middle Tennessee Summer
Camps, and being a Board Member of the National Multiple Sclerosis Society. With all
of her accomplishments and dedication to LAW, it is easy to see why Ashonti was selected as LAW’s 2017 Rising Star Award.
April 13, 2017
Music City Center
Karl Dean Grand Ballroom
Cocktail Reception 6:00—7:00 pm
Dinner and Program 7:00—8:30 pm
Lawyers’ Association for Women 3RD ANNUAL
Marion Griffin Chapter
Please return the RSVP form on or before April 7th, 2017 or register online.
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Address _______________________________________________________________________________
City ___________________________________________ State ________________ Zip _______________
$5,000.00 Platinum Sponsorship (8 Tickets)
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Website and Social Media
$2,750.00 Gold Sponsorship (8 Tickets)
Preferred seating
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Preferred Seating
Firm/Company Recognition in Banquet Program
Firm/Company Recognition on Print & Digital Signage
Special Recognition During Program
$1,000 Bronze Sponsorship (8 Tickets)
Seating for 8 at Banquet
Firm/Company Recognition in Banquet Program
Firm/Company Recognition on Print & Digital Signage
$600.00 Full Table Sponsorship (8 Tickets)
Seating for 8 at Banquet
Firm/Company Recognition on table
Firm/Company in Banquet Program
Firm/Company Recognition on Print & Digital Signage
$300.00 Half Table Sponsorship (4 Tickets)
Reserved Half-table
Firm/Company Recognition on Table (possibly shared
with another sponsor)
Firm/Company Recognition in Banquet Program
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Firm/Company recognition on print & digital signage
$60.00 Individual Ticket
Number Attending ______ x $60.00 = $ ________
Enclosed is my check payable to LAW
OR Purchase online at www.law-nashville.org/events via PayPal
If you have any questions or need additional information, please contact Melanie Gober Grand at 615.708.1827.
INSIDE THIS ISSUE:
President’s Message
February Meeting Recap
Upcoming Programs
Is that a Hotel Next Door? The Airbnb Effect in Nashville
LAW Position on HB 98 / SB 135
Making Your Voice Heard
New Member Spotlight
Book Review/KUDOS/Members on the Move
LAW Committee Corner
Program Suggestion Form
March 21, 2017
4
6
6
7
11
12
13
14
15
16
Diversity Networking Mixer March 15th 5:30—7:30 pm
RESCHEDULED DUE TO PRESIDENT TRUMP’S VISIT DOWNTOWN
Membership Meeting and
One Hour General Credit CLE
11:15 a.m. Registration/buffet opens
11:45 a.m. Announcements
12:00 Noon CLE Begins
Civil-Legal Advocacy Program Attorney
Speakers: DarKenya Waller,
LaToya Townsend & Shaina Thompson
WATCH FOR DETAILS ON NEW DATE IN YOUR EMAIL!
B.B. King’s Jazz Club
Bone McAllester Norton, 16th Floor, 511 Union Street
152 2nd Avenue North
Come out and enjoy food and drinks with LAW members and invitees
from diverse bar and law student associations!
(Central Parking across the street at 2nd and
Commerce. Entrance on Commerce)
Cost:
Members: Lunch $25/CLE $15
Nonmembers: Lunch $30/CLE $25
*Reservations must be made by Friday, March 17,
2017, at Noon.
President’s Message
by Yanika C. Smith-Bartley
Greetings and Happy Women’s History Month!
In celebration of International Women’s Day on March 8th, my company hosted a panel discussion concerning Shonda Rhimes’ TED Talk – “My year of saying yes to everything.” It was a thought provoking
TED Talk and if you haven’t seen it, I encourage you to do so: here.
I won’t summarize the TED Talk here because I want you to watch it, however, I do want to address a
portion of the Talk from a different lens.
Two of the core themes of Shonda’s Talk was her love for her work and her love for children, which dovetails into some recent discussions I have had with some of my female colleagues.
It appears that we have a little bit of a networking issue in our women’s circles. It seems that while it is easy for women to
talk to other women about work and their love/hate feelings about it, the conversation can quickly get uncomfortable for the
single female or the married women without children when women start talking about children. These conversations sparked
my own memories of feeling left out of the conversation when I was single and/or without children and inspired this article.
For me, the left out feeling was for different reasons at different seasons of my life – initially, because I was 30+ and not married yet (and was watching my biological clock tick) and then it was because I was married and trying (unsuccessfully for
months on end) to have a child. I was ultimately fortunate enough to have two children. But at the time, those were my reasons for feeling left out or awkward in discussions about children and there may be a myriad of others for other women. For
example, some women simply don’t want children and some women can’t have children. At the end of the day, conversations
centered on children can be awkward for some women sometimes.
Given this, I looked for some tips on this topic, but my limited research (Google) didn’t reveal very much. That said, I’ve
compiled my own list of ways mothers can be more inclusive when networking with other women.
LAW Matters March 2017
Page 4
If you are in a conversation with women and you hear someone say, “I don’t have
any children, but….” that can be a cue to redirect the conversation so that no one
feels left out. This doesn’t mean you shouldn’t talk about your children, but you
can try to pull the woman into the conversation. Here are a few examples:
1) Ask whether she has any “fur-babies”. It is amazing how this question lights up the eyes of a pet-lover. The mere acknowledgement that
they are mothers too works wonders for the conversation. In fact, this
past holiday season I gave all the female support staff in my legal department without children holiday gifts for their “fur-babies.” These women
absolutely lit up (and some even teared up) when I gave them the gifts. So
remember “fur-babies” are babies too.
2) Find out what they love. You can redirect the conversation by saying
something like, “I spend a lot of my off time at home with my kids, what
is it that you love to do when you’re not at work?” Giving someone the
opportunity to talk about their passions (other than work) can enrich the
conversation and allow you to get to know that person at a deeper level.
3) Engage in dialogue without assumptions. Just because women don’t
have children, doesn’t mean they are not as busy (or more busy) than
women who do. Moreover, many women may be happy in their child-less
season. Explore this with them. Ask them for tips on things like restaurants, travel, networking, and exercise, so that you can have some recommendations on things to do when you get some free time. From this conversation you may be able to gauge the contentment of the woman around
the topic of not having children. If they are happy - let them talk about
their happiness. If they are anxious, offer encouragement and share your
own experiences. We can learn from each other at any stage if we offer a
safe, judgment free zone for discussion.
4) Extend invitations to your children’s activities. Just because women
don’t have children, doesn’t mean they don’t want to be invited to the parties. If your friend loves children (but just doesn’t have any), you’ll probably know because they volunteer to spend time with children. Maybe
your friend likes children in small doses and would also like to be invited
to the party. So next time, ask some of your friends without children if
they want to come to your kids’ parties and invite them to bring their
niece, nephew, little cousin, mentee, etc. with them.
These are just some ideas. I recognize that all women without children don’t feel
left out of the conversation. But this article is intended to bring some awareness to
an issue we don’t often discuss in the open.
In her Talk, Shonda Rhimes discussed how her happy place was with her children,
but she acknowledged that that won’t be the case for everyone. With that
understanding I encourage you to find your happy place and I encourage you to
talk to others about it and to encourage others to talk to you about their own.
Everyone’s happy place may not be children, but everyone has a happy place.
What’s yours? I invite you to share your own on our LAW Facebook Page here.
HAPPY Women’s History Month. And remember - Don’t leave anyone out of
the circle. ☺
2016-2017 LAW BOARD OF DIRECTORS
Yanika C. Smith-Bartley, President
Elizabeth Sitgreaves, President-Elect
Leighann Ness, Secretary
Mandy Floyd, Treasurer
Mary Katherine Bratton, 2nd Year Director
Lynn Lawyer, 2nd Year Director
Susan Neal Dickerson, 1st Year Director
Lynne Ingram, 1st Year Director
Lora Fox, Archivist
Marnie Huff, Archivist
Rebekah Baker, Newsletter Editor
Ashonti Davis, Newsletter Editor
Sherie Edwards, Newsletter Editor
Camille Webb-Steward, Newsletter Editor
Abby Sparks, Immediate Past President
Committee Co-Chairs
Arrangements
Kimberly Silvus
Breakfast Committee
Erin Palmer Polly/Sara Anne Quinn
Community Relations
Tracy Alcock/Kristen Cass
Diversity
Kyonzte Hughes-Toombs/Nicole Lytle
Domestic Violence
Allison Cooley/DarKenya Waller
Health & Wellness
Casey Parker/Phylinda Ramsey
Judicial Appointments & Elections
Christen Blackburn/Caroline Hudson
Legislation & Litigation
Brenda Gadd/Chambre Malone
Long Range Planning
Jennifer Moreno
Marion Griffin Women’s Symposium
Meera Ballal/Laura Smith Tidwell
Membership
Shellie Handelsman/Joyce Grimes Safley
Martha Trammell
Mentoring
LaTonnsya Burney/Kimberly Faye/Nina Kumar
Networking
Brooke Coplon/Tara Ladd/Jennifer Lankford
Practicing Parents
Emily Warth
Programs
Kristi Arth/Jessica Ehsanian
Lyndsie Schmalz
Publicity/Social Media/Technology
Kimberly Faye/Hannah Lanford
Solos
Mollie Gass
Executive Director
Melanie Gober Grand
If you have any questions or concerns, please contact me at law.mgc.president@
gmail.com.
LAW Matters is a monthly publication of the Lawyers’ Association for Women, Marion Griffin Chapter, P. O. Box 190583,
Nashville, Tennessee, 37219. Voicemail: 615.708.1827; Fax:
888.834.7370; www.law-nashville.org.
To submit articles for the April issue, contact, Rebekah Baker
[email protected].
LAW Matters March 2017
Page 5
Upcoming Monthly Membership Meetings
May 16, 2017—One Hour General Credit CLE
School’s Out, Screen’s On: Legal Trends in Internet and Social Media Safety
A special agent from the Department of Homeland Security will discuss current trends
in Internet/social media related crime. Special Agent Dennis Fetting will explain a tool
utilized by Homeland Security Investigations and known as Project iGuardian, which is
“designed to inform youth, parents, and educators about the risks that children face in
the online environment” and “aims to arm parents with knowledge and resources to
help protect their children.” The presentation, developed in partnership with the National Center for Missing & Exploited Children, will discuss online predators and social
media, sextortion, the risks associated with revealing too much, and cyberbullying. Come out and learn some tips to help the parents and clients in your life supervise
the Internet activity of their children or employees.
February Meeting Recap
“Lawyers as Introverts: Understanding Personality
Typing in Legal Practice and Business Management”
by Rebekah Baker
At the February 21, 2017, LAW monthly meeting, Candice Reed presented an interesting and interactive CLE regarding personality typing in the legal practice. We discussed the most common characteristics of introverts and extroverts, and the differences
between each. Introverts are commonly known for: having an internal focus; preferring one-on-one conversation; prefer writing
to talking; are cautious; conflict-averse; like to focus on one thing at a time; are reserved; and prefer quiet and solitude. Extroverts, on the other hand: have an external focus; command a room; prefer talking to writing; are risk-takers; do not shy away
from conflict; have a wide breadth of interests; are sociable; and are comfortable in a crowd. Some common stereotypes of each
personality were dispelled, including that introverts are sad, aloof, and shy and that extroverts are shallow and are always happy.
Why should we be conscious of whether someone is an introvert or an extrovert? It might make us more mindful of our biases,
preferences, and habits. Being aware might also cause us to act more deliberately, adjust our schedules, modify our work environment, and be used as a tool for hiring and managing employees effectively. It might also lead us to be more empathetic in our
communications with others, or to communicate differently.
While one-third of people admit to be self-proclaimed introverts, over 60% of attorneys claim that title. So, if you are an introvert and don’t want to stand out in a crowd-you’re not alone in the legal filed! Being an attorney is listed as sixth in the list of
the top 100 jobs for introverts. Being an introvert might cause us to give measured, deliberate, thoughtful responses, which in
turn, can inspire our clients to trust us. The legal professional also involves a lot of reading, in-depth research, writing, and problem solving—all areas of strength for introverts.
Some challenges introverts may face in the legal profession could include client development, and dealing with the adversarial
nature of the law—particularly in the litigation field.
Among the tips for practicing as an introvert include embracing being an introvert! There is only one you—so just be you, and
leverage your strengths. Create or modify your work environment to suit you, and block off time to focus on a single matter. Be
sure to schedule down time, and to plan ahead for large meetings. Take time to unplug, you will need it! You also have to be
willing to adapt. How can you gain clients while practicing as an introvert? Work your strengths; prepare for networking events;
ask lots of questions; write; and utilize social media and technology to your benefit.
Rebekah is a 2016-2017 Newsletter Editor. She is Deputy General Counsel for the Department
of Human Services.
LAW Matters March 2017
Page 6
Is that a Hotel Next Door?
The Airbnb Effect in Nashville
by Chambre Malone, Legislation and Litigation Committee Co-Chair
Nashville has experienced exponential growth in the last decade, and the city has become an even greater tourist attraction as
well as a great place to call home. Many Nashvillians enjoy suburban life while others have gravitated toward a more live-workplay lifestyle. Germantown, East Nashville and other areas within the city have become popular areas for individuals and families who wish to live close to the action of the city center while also enjoying a neighborhood with amenities and unique communities.
Tourists often flock to Nashville for a weekend of fun, a day’s dose of relaxation or to attend a sporting event. The inadequate
hotel supply within the thriving city urban center causes many visitors to forgo hotels. Instead, they turn to another option Airbnb short-term housing.
While the increased interest in Nashville has had positive economic benefits to the city, concern and tension has been mounting
LAW Matters March 2017
Page 7
for some time among local homeowners as issues with short-term rental properties have proliferated in residential neighborhoods. Issues involving these Airbnb short-term rental properties in Nashville have been a hot topic over the past year, even culminating in a lawsuit. The Metro Council recently amended an ordinance relating to short-term rental properties in response to
the lawsuit.
The Anderson’s Story as Short Term Rental Property Operators
In 2015 a conservative organization, the Beacon Center of Tennessee, filed a lawsuit against the Metropolitan Government of
Nashville and Davidson County (“Metro”) on behalf of Salemtown married residents Rachel and Paul John Anderson. Understanding the Anderson’s experience as short-term rental property operators is key to appreciating the issues involved in the lawsuit.
Paul’s career as a musician required him to travel often. Rachel’s flexible career as a graphic designer allowed her and their two
small children to travel with him on occasion. They utilized Airbnb to rent their home on a short-term basis as a means to supplement their income during those times their home was vacant due to their travels.
Airbnb is an online community marketplace that connects individuals wishing to monetize their additional housing capacity with
people desiring flexible housing accommodations. Renters booking a short-term housing rental via Airbnb can often find rentals
for less than hotel rates with the benefit of more space, flexibility and privacy to accommodate guests. As an Airbnb “host”, the
Andersons listed their home for short-term rental on Airbnb’s website. They also obtained the proper “owner-occupied” shortterm rental property (“STRP”) permit as required by Metro code regulations.
Overall, this arrangement worked well for their family. The Andersons successfully rented their home on Airbnb for more than a
year, had a high rating on Airbnb’s website, and reported no complaints. They used the additional rental income to contribute to
their savings.
In anticipation of a job relocation out-of-state, the Andersons applied for a non-owner occupied STRP permit. This type of permit would have allowed them to rent the property in Nashville as a STRP once they no longer resided in Nashville. They, like
many people renting their homes, simply desired to utilize short-term renting as an economical way to keep a home they loved.
Their permit application was denied. The Metro ordinance placed a three percent cap on non-owner occupied STRPs (also
known as “Type 2” STRPs). The cap limit had been reached in their neighborhood so they could not obtain the permit. The Andersons were shocked. They were immediately placed in a position to make tough financial decisions for their family due to the
inability to rent their home.
Ultimately, the Andersons felt that their ability to maximize their property investment was impaired by the local ordinance. Believing that the ordinance unconstitutionally infringed on their property rights, they worked with the Beacon Center to file a lawsuit against Metro.
Metro’s Short-Term Rental Property Ordinance
In 2015, the Council of the Metropolitan Government of Nashville and Davidson County (the “Metro Council”) enacted an ordinance relating to short-term rental properties (Ordinance No. BL 2014-951). Codified at Chapter 6.28.030 of the Code of the
Metropolitan Government of Nashville and Davidson County, the ordinance defined a short-term rental property (“STRP”) as “a
residential dwelling unit containing not more than four sleeping rooms that is used for transient occupancy by guests.” Listed
below were other key elements of the the STRP ordinance:







To be an “owner-occupied” STRP, the property’s owner must permanently reside in the STRP or in the principal residential
unit with which the STRP is associated on the same lot.
No more than 3% of residential units within a census tract may be non-owner occupied STRPs (i.e. a three percent cap).
STRP owners are prohibited from displaying signage or advertising on the STRP indicating that the property is a STRP.
The maximum number of paying adult guests at a STRP is limited to twice the number of sleeping rooms plus four.
STRP renters must abide by noise restriction and waste management provisions in the Metro code.
Rentals for over 30 continuous days, bed and breakfasts, boarding houses, hotels and motels are not considered STRPs.
A permit is required to operate or advertise a STRP. The permit is non-assignable and non-transferable. A fifty-dollar monetary penalty applies for STRP operation without a permit. The department of codes administration may revoke a STRP permit under certain conditions.
The preamble to the STRP ordinance noted certain benefits of STRPs. Specifically, it cited benefits such as the availability of
flexible short-term housing providing safe accommodation alternatives; hotel taxes collection from STRPs aiding promotion of
the local tourism industry; and affording property owners the opportunity to maintain their homes during tough economic times
and benefit from the investment advantages of homeownership.
The Metro Council also recognized that “the needs of long-term residents should be balanced with the allowance of short-term
LAW Matters March 2017
Page 8
rentals.” Following enactment, issues arose quickly as the number of non-owner occupied STRPs increased in residential communities.
The Andersons Challenge Metro’s STRP Ordinance
The Anderson Lawsuit
In Anderson v. The Metropolitan Government of Nashville and Davidson County1, the plaintiffs argued that the STRP ordinance
is vague and arbitrary. Among other things, they challenged the ordinance on equal protection and due process grounds under
the Tennessee and U.S. Constitution. Specifically, plaintiffs argued:



The three percent cap on non-owner occupied STRPs was arbitrary, and Metro had no legitimate government interest in advancing the cap or in treating owner occupied STRP permit holders different from non-owner occupied STRP permit holders.
The ordinance exempts hotels, bed and breakfast establishments and boarding houses, yet due to the vague definitions in the
Metro code, the Andersons’ home could have qualified as any of them or all of them.
The three percent cap denied them the right to operate on Airbnb free from arbitrary and unreasonable regulation and denies
them of substantive due process.
They also challenged the STRP ordinance on First Amendment grounds that commercial free expression was suppressed due to
the prohibition of signage advertising at a non-owner occupied STRP. Further, plaintiffs argued that the cap created a monopoly
in violation of the anti-monopoly provision of the Tennessee Constitution, among other claims.
The plantiffs sought a declaratory judgment either that the STRP ordinance does not apply to them or to anyone else. Alternatively, they requested a declaratory judgment that the issue of who is covered under the ordinance is unconstitutionally vague. In
addition to other requests for relief, the plaintiffs requested declaratory judgments that Metro violated several U.S. Constitution
provisions, and that Metro be permanently enjoined from enforcing the three percent cap.
2016 Circuit Court Decision – STRP Ordinance Deemed Unconstitutionally Vague
In October 2016, Honorable Judge Kelvin D. Jones, III, ruled on summary judgment motions in the case. In the opinion, the
court concluded the following regarding the STRP ordinance2:

The definition of STRP in the Metro code is unconstitutionally vague. The court stated that a person of average intelligence
would not understand the distinctions between STRPs, hotels, bed and breakfasts and boarding houses due to the overlapping
definitions.

The court could not conclude that Anderson’s property was exempt from the STRP ordinance given its conclusion that the
definitions in the ordinance were vague.

The three percent cap on non-owner occupied STRP permits within a census tract does not violate equal protection guarantees under the U.S. and Tennessee Constitutions. Both owner-occupied STRPs and non-owner occupied STRPs are similarly
situated for purposes of equal protection analysis. Further, the court found that neither fundamental rights nor a suspect class
was involved in this case.

Applying the rational basis test, the court stated, “Metro has a legitimate interest in balancing the interest between the citizens who want to achieve the benefits from renting their property on a short term basis against the interest of citizens who
want to protect the residential character of their neighborhoods.” The court found that the three percent cap is a reasonable
approach to achieve this aim.

No monopoly was created by the three percent cap because a non-owner occupied STRP was not a common right before passage of the ordinance. The court stated that even if a monopoly was created, it was permissible “because it has a reasonable
tendency to further [the health, safety, morals and well-being of the people].”
After the ruling was issued, confusion ensued in the local community as it was unclear whether the STRP ordinance remained in
effect. In December 2016, the court amended the ruling to provide clarity that the court opinion only applied to the plaintiffs in
the case. Therefore, despite the court’s ruling in Anderson that the definitions in the ordinance were unconstitutionally vague,
the ordinance was still legally enforceable as to all others.
Ordinance Amendment and Local Community Response
As a result of the court’s ruling, in November 2017 the Metro Council revised the code ordinance to further clarify the definitions the court ruled as vague. On January 3, 2017, the Metro Council held a public hearing regarding the proposed revised ordiLAW Matters March 2017
Page 9
nance provisions. There was high turnout with many giving personal accounts of their experiences with short-term rental properties in their communities.
Opponents of STRPs argued that they purchased a home for a stable, residential community. There was particular opposition to
the non-owner occupied (i.e. investor) type of STRPs. Some individuals claimed that these properties are party houses which
pose safety, traffic and noise issues in residential neighborhoods, adversely impact their quiet enjoyment of their homes and affect availability of affordable housing. Opponents view non-owner occupied STRPs as a cause of instability to their neighborhoods as they deem them as commercial “mini-hotels.” They also criticized minimal city enforcement efforts for code violations.
Some even demanded that Metro Council further amend the ordinance to prohibit non-owner occupied STRPs altogether, pointing to other cities such as New York City and Austin which have issued local regulations effectively banning these types of
Airbnb short-term rentals.
Supporters of STRPs at the Metro Council meeting argued that they should be able to enjoy a profit from their ownership investment. They noted economic benefits such as tax income for the city. Further, they stated that many STRP renters are not partiers. For example, one STRP operator discussed a repeat renter who was appreciative to have a “home” while her son was receiving cancer treatment at Vanderbilt University hospital, and noted other renters who were visiting for parents weekend at a
local college. STRP supporters maintained that many investors who hold non-owner occupied STRP permits play by the rules,
maintain their properties and contribute to the economic and cultural value of the community. One STRP owner refuted the notion that they are all absentee owners. Some supporters remarked that the city should manage any bad actors through better enforcement activities.
The revised bill, sponsored by Metro Council members Bob Mendes (At-Large Council Member) and Burkley Allen (Metro
Council District 18), was approved on February 22, 2017 and became effective on February 24, 2017. The revised ordinance
updated the problematic definitions identified in the court’s ruling and transferred certain portions to another section of the Metro
code. The revised ordinance does not ban non-owner occupied STRPs and retains the three-percent cap on non-owner occupied
STRPs.
What’s Next?
One complaint has been that Metro has not properly enforced the city’s codes, particularly those related to short-term rentals. At
the Metro Council’s request, Mayor Megan Barry hired an external consultant to propose recommendations on how to improve
Metro’s enforcement of short-term rental regulations. A proposed recommendation is the launch of a new computer system to
help track STRPs and status of compliance with regulations. Further, there are plans to add personnel to help the city’s code enforcement efforts.
Metro Council members have also introduced three new bills relating to short-term rental properties. Two of the proposed bills
would establish a moratorium period on issuance of non-owner occupied STRP permits and the other would phase out these investor-type STRPs by 2021. The public hearing for these bills is scheduled to occur on April 4, 2017.3
Legislative activity is also underway on the state level. On February 9, House Representative Cameron Sexton (R-Crossville)
and Senator John Stevens (R-Huntingdon) introduced a bill titled the “Short-Term Rental Unit Act” which would allow property
owners to rent homes online.4 The bill would ban local governments from prohibiting short-term rentals or restricting use of
short-term rentals based upon the property’s usage, classification or occupancy. The Tennessean reported that Metro Councilwoman Burkley Allen (District 18) responded to the introduction of the state bill with remarks that short-term renting is a local
issue that should be handled at the local level.
The debate surrounding short-term rental properties will continue as developments unfold in the coming months. In the meantime, current homeowners will have to cope with the issues that increased Airbnb short-term rental properties bring to their residential neighborhoods. Real estate investors will need to carefully weigh the benefits and risks of investing in a short-term rental
property given the potential for changing local regulatory and enforcement activities. Finally, potential homeowners will continue to carefully consider as part of their home purchase decision whether a neighborhood is particularly susceptible to an increased number of Airbnb short-term rental properties.
_____________________________________
1
The case is Rachel and P.J. Anderson v. The Metropolitan Government of Nashville and Davidson County, case number 15c3212, in the Circuit Court of Davidson County,
Tennessee in the 20th Judicial District at Nashville.
The First Amendment claim was moot by the time the court rendered its opinion as the Metro Council had already revised the ordinance to allow advertising on STRP property.
3
Bill No. BL-2017-608 , Bill No. BL-2017-609, and Bill No. BL-2017-610
4
TN HB1020 and SB1086 | 2017-2018 | 110th General Assembly. See https://legiscan.com/TN/bill/HB1020/2017 and https://legiscan.com/TN/bill/SB1086/2017.
2
Chambre is Senior Counsel, Regulatory Compliance at Bridgestone Americas.
LAW Matters March 2017
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LAW recently stated its position on House Bill 98 / Senate Bill 135.
For those of you who may have missed the email, here it is!
LAW Position on HB 98 / SB 135 for
Davidson County judicial elections
The Lawyers’ Association for Women, Marion Griffin Chapter was formed with the purpose of addressing issues
of concern to women within the legal profession and legal issues affecting women generally, including: to promote
the efficient administration of justice and the constant improvement of the law, especially, as it relates to women,
to advocate for increased numbers of qualified women on the bench and to work for improvement of the overall
quality of the bench. In line with these purposes, LAW supports an independent, fair and impartial court system.
LAW strongly opposes SB135/HB98* due to its selective application to only two counties in Tennessee and its
effect of diminishing the authority of local jurisdictions in state and county judicial elections. Selective imposition of
any election process is in its very nature an attack on an independent, fair, and impartial court system. LAW favors statewide uniformity in the application of local methods of filling court judgeships and county judicial offices.
We encourage a more thoughtful approach to any changes to our judicial system.
*Senate Bill 135 by Senator Steve Dickerson, R-Nashville and its companion House Bill 98 by Rep. William Lamberth, R-Cottontown legislation filed in the 110th Tennessee General Assembly. Click to read legislation: http://
www.capitol.tn.gov/Bills/110/Bill/HB0098.pdf
LAW Matters March 2017
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Making Your Voice Heard
by Jane Salem
“If I were to remain silent, I’d be guilty of complicity.”
--- Albert Einstein
Speak up! That was the overarching theme of “Women’s Day on the Hill,” co-sponsored by the Lawyers Association for
Women and the Women’s Political Collaborative. Women’s Day on the Hill took place – not coincidentally – on International
Women’s Day, a globally-recognized day celebrating the social, economic, cultural and political achievements of women. It
was an exhilarating and educational experience.
The event offered an opportunity to meet with Tennessee lawmakers to discuss the issues that matter to participants and to flex
your political muscle.
Among the speakers kicking off the March 8th event in Nashville was House Speaker Beth Harwell.
Harwell assured attendees, mostly women from a wide variety of disciplines, that she reads every email in her inbox. However,
she places higher priority on those that begin with, “I’m a registered voter in your district.”
She acknowledged that she receives a high volume of email, yet the overall amount from concerned constituents is a relatively
low percentage. As a result, this small group wields surprisingly strong political clout.
It is admittedly difficult to add “advocacy” to a busy list of daily to-dos, especially when a bill seems so ordinary that no one
could possibly oppose it or, on the flipside, so outlandish that no one could possibly support it.
But when it comes to proposed legislation, “common sense” once again proves to be not so common, noted Zulfat Suara, chair
of “Women’s Day on the Hill” and a member of the Business and Professional Women of Tennessee, Inc. Stated another way,
if an issue is important to you, be sure to make your voice heard.
A critical first step is to navigate the legislature’s website. Go to http://www.capitol.tn.gov/, and on the right-hand side of the
screen is a tab to “Find My Legislator.” This will help you find the most receptive audience – your legislator – although contacting other lawmakers certainly cannot hurt if you have the time. The website also lets users search for bills by keywords. This
helps in conveying a clear objective, such as, “I’m contacting you to urge your support of Senator Jones’ bill, HB01234.”
Perhaps the most effective communiques, Harwell explained, are those that not only effectively communicate a position on a
bill, but also offer a personal anecdote about how that proposed legislation will affect the author. It is important to tell a compelling story—yours, or someone else’s. Keep it brief, yet be persuasive and civil.
Emails are great, but for particularly weighty issues, there’s nothing like a face-to-face conversation with a lawmaker to convey
your support or concerns. Thus, as the name implies, attendees at “Women’s Day on the Hill” learned the subtle art of directly
talking to lawmakers by meeting with Sens. Jeff Yarbro, Dolores Gresham and Jim Tracy.
Meetings with Tennessee lawmakers must be scheduled. They have offices in their districts and on the hill. A district office
meeting is typically preferable because the lawmaker will likely have a more flexible schedule than he or she has in Nashville
during legislative session.
Be punctual and allow plenty of extra time for parking and navigating the hallways of Legislative Plaza and the War Memorial.
You might be walking quite a bit, so wear sensible shoes. Moreover, attendees at “Women’s Day on the Hill” experienced just
how long it can take to get through security; it rivaled catching a flight on the Sunday after Thanksgiving.
Suara reminded attendees to bring a friend if possible because there’s power in numbers. Approximately 20 of us met with
Yarbro, Tracy and Gresham. They each looked somewhat bowled over by the size of our group, but, being the seasoned politicians that they each are, they took it in stride and were accommodating and friendly.
Remember that a meeting is simply a conversation. Be courteous. Convey a persuasive message, but also, listen and be open to
other ideas. Think on your feet.
Suara additionally urged participants to try and get a commitment from the legislator before the meeting is over. She recommended leaving a hand-out summarizing your position: a few bullet-pointed take-aways and your contact information.
LAW Matters March 2017
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Jane is a staff attorney for the Court of Workers’
Compensation Claims in Nashville.
New Member Spotlight
Courtney Hess
Where did you grow up? Tell us about your path to practicing law (college, law school, reason why you chose the profession). I grew up in Tupelo, Mississippi. I came to Vanderbilt for
college, and loved it so much I stayed for law school. My family raised me to be involved in the
community around me, and being a lawyer provides opportunity to effectively communicate,
and advocate for, ideas that can have a lasting impact.
What brought you to Nashville? I moved to Nashville for college, stayed for law school, and
haven't left since.
Tell us about your family. My family has always been a great source of support and inspiration, and has continued to be as I have pursued, and started, my career. My husband is also a lawyer and one of the smartest
people I know. My parents are still in Mississippi but visit often, and I am fortunate that my younger sister came to Nashville for
college and is now working here too.
What do you do professionally and what is your favorite part of your job? I am an attorney with the State of Tennessee, Department of Treasury. Our Department runs many programs in state government such as the state retirement system, and my favorite part of my job is working on issues daily that have an impact on Tennesseans across the state.
If you weren’t a lawyer, what would you be and why? I would be a journalist. I grew up writing for my school paper and later wrote occasionally for my local daily newspaper and for an institute's website. I enjoy thinking about an issue from all angles,
asking questions to find out all of the details, and creating a product that can make that issue accessible to others.
How did you get involved in LAW and what is your favorite thing about being a member? I have a great group of female
attorney friends who are involved in LAW. Although I have not been a member for long, my favorite part has been meeting other
members and continuously learning about a new amazing thing that a member is doing in the law.
What motivated you to join LAW? My friends who were already members were frequently going to interesting events, and I
wanted to be part of such an active group.
What do you like to do in your spare time (if you have any)? I play tennis, and I watch a lot of sports with my husband.
What books are you reading right now? The Whistler by John Grisham - I can't turn down a good legal thriller.
What is the last book you read? The 21 Irrefutable Laws of Leadership by John Maxwell
What are the first five songs in your music app playlist or that you have downloaded? I most recently downloaded Miranda
Lambert's newest album.
What is the name of the music playlist that you listen to the most? "Workout" - upbeat, fast-paced songs to help make the
gym seem less intimidating at the end of a long day.
What is your favorite quote, piece of advice, or a motto you try to live by? "Learning is not attained by chance, it must be
sought for with ardor and diligence." - Abigail Adams
Any “fun facts” about you other LAW members don’t know? I am a big sports trivia fan and have been ever since I made
copies of my own "sports magazine" for my classmates in elementary school.
What woman most inspires you and why? The woman I quoted above, Abigail Adams, is certainly up there for historical figures. Her wisdom and insistence on being involved when women traditionally were not is inspiring.
It’s a Saturday in Nashville, what are you doing? Going for a walk at Radnor and to a sporting event at Vanderbilt.
LAW Matters March 2017
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Book Review
Tell the truth.
That’s the mantra of author Glennon Doyle Melton in her second book, “Love Warrior,” which
was the subject of the February 16 meeting of LAW’s Health and Wellness Book Club meeting.
Because the book was so frank, it led to an instant feeling of trust and honesty among the six
LAW members in attendance. It sparked discussion of a multitude of sensitive topics, including
campus sex, body image, the joys and challenges of relationships, parenting, feminism in the current political climate, infidelity and even discovering porn on the family computer. We respectfully expressed strong opinions and sincerely-held beliefs. We also laughed often. Ultimately, we
gave the book an overall thumbs-up.
If you’ve not heard of her, Doyle Melton states on her website:
For twenty years I was lost to bulimia and alcoholism and bad love and drugs. I
suffered. My family suffered. I had a relatively magical childhood, which added
an extra layer of guilt to my pain and confusion. Glennon – why are you all
jacked up when you have no excuse to be all jacked up? My best guess is that I
was born with an extra dose of sensitivity to love and pain.
That last clause – “an extra dose of sensitivity to love and pain” -- resonated with us. As women lawyers, at the risk of grossly
generalizing, we tend to be type-A, perfectionists and over-the-top caring, not only at work but also in every aspect of our lives.
It makes us effective lawyers (we hope!); but, we admitted, it can also affect us in unhealthy ways, as it did with Doyle Melton.
To recap the book’s premise, in her mid-twenties, Doyle Melton discovered she was pregnant. She abruptly decided to turn
around several years of profound addictions and to marry the father, hoping for the best. Not too surprisingly, although the couple has two more children in the ensuing years, Doyle Melton finally admitted to herself that she wasn’t living the “happily-everafter” ending she wanted. At about this time, she learned of her husband’s infidelity. Doyle Melton, then a full-time, stay-athome mom, fortunately found a new career when she started blogging (at 4:00 a.m., sound familiar?) about parenting, relationships and spirituality – telling the truth throughout. But she still struggled with whether and how to repair her broken marriage.
Attendees at the book club meeting agreed that a central theme, forgiveness, is often easier in theory than it is in practice. We
observed that Doyle Melton ascribed part of her healing to copious amounts of yoga and meditation at the beach, luxuries we
generally don’t have time for as busy professionals in a highly competitive field. Yet, we nonetheless found ourselves generally
relating – dare I say empathizing? -- to Doyle Melton’s descriptions of pain and redemption. In sum, we gave the book four out
of five stars.
However, we gave an even more enthusiastic thumbs-up to participation in the LAW book club. We enjoyed the warm hospitality of our host, Lynn Lawyer; the opportunity for learning and reflection that the book generated; and mostly the camaraderie.
The next LAW Book Club meeting is April 6th. The book and other details will be announced as soon as that information
is available.
Members on the
Katie Zipper formerly of Cordell & Cordell has
opened Zipper Law, PLLC.
. . . To the following LAW members who were named to the
2017 Tennessee Bar Fellows: Kay Caudle, Magistrate Judge
Alistair Newbern, Andrea Perry & Laura Smith.
Callie Hinson formerly of Rogers Kamm & Shea
has moved to Leitner Williams Dooley & Napolitan, PLLC where she is an Associate.
Chambre Malone formerly Counsel at Nissan
has moved to Bridgestone Americas where she
will serve as Senior Counsel, Regulatory Compliance.
April Knox formerly of Butler Snow has moved
to Littler.
LAW Matters March 2017
Page 14
Recent Events
Practicing Parents at Brushfire Pottery
Community Relations
The LAW Community Relations Committee on Saturday, March 4, participated in Nashville's Weed Wrangle, a one-day,
citywide volunteer effort to help rescue our public parks and green spaces from invasive species through hands-on removal of
especially harmful trees, vines and flowering plants. Typical unwelcome plants include bush honeysuckle, Chinese privet, autumn olive, English ivy and winter creeper. Supervised by experts in invasive weed management, Weed Wrangle-volunteers
learned, practiced, and began a habit of maintaining an area free of invasive plants and encouraged replanting in removal areas.
Tracy Alcock and Samantha Simpson represented LAW at the volunteer event. They volunteered with around 20 other individuals to combat the spread of invasive plants and restore the buffer zone along a stream near the Little Harpeth River in Edwin
Warner Park. We had such a fun time enjoying the beautiful weather and the great outdoors, all while helping out the parks that
we love visiting!
LAW Matters March 2017
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LAW PROGRAMS COMMITTEE – SUGGESTION FORM
1. Your Name: ___________________________________________________________________
a. Your phone: ____________________________ Your email: _____________________
b. Relationship to Suggested Topic/Speaker: _____________________________________
2. Suggested CLE Luncheon Topic: __________________________________________________
3. Proposed one paragraph description of suggested topic for use in the LAW Newsletter and in application for CLE Credit:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
and/or
4. Suggested Speaker(s):
1) ______________________________________________________________
Phone: ___________________________ Email: ________________________
2) ______________________________________________________________
Phone: ___________________________ Email: ________________________
3) ______________________________________________________________
Phone: ___________________________ Email: _________________________
5. Please attach a JPEG of any proposed speaker(s) headshot.
6. Brief bio for suggested speaker(s):
________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
____________________________________________________________________________________
7. Do you have any preferred date(s)? No _____ Yes _____, Month(s) ______________________
*For example, if you are suggesting a program on racial discrimination, you might preference February for Black History Month. Please note that the Programs Committee
attempts to set a tentative calendar six months in advance due to earlier deadlines imposed by the CLE Commission and proposing a preferred date does not guaranty that an
accepted program suggestion would be calendared then.
Thanks for your suggestion! While the Programs Committee cannot guaranty that every suggested topic or speaker will be accepted for inclusion on the
CLE Luncheon calendar, your ideas and contacts will help us continue to create innovative, timely, and relevant content for our membership. Please contact one of the Programs Committee chairs with any questions.
LAW Matters March 2017
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