WKRN, Nashville, Tennessee News, Weather, and Sports |Restaurant owner files lawsuit against 'Guns in Bars'

Restaurant owner files lawsuit against 'Guns in Bars'

NASHVILLE, Tenn. - A lawsuit has been filed to stop a law that allows handgun permit holders to carry their weapons into Tennessee bars and restaurants that serve alcohol.

The lawsuit was filed Wednesday in Davidson County Chancery Court by a restaurant owner and nine restaurant workers.

It seeks a temporary restraining order and permanent injunction to stop the law from taking effect on July 14.

Plaintiffs say the law is unconstitutional and an unlawful public nuisance that threatens the safety of the public.

Randy Rayburn, the lead plaintiff and owner of three Nashville restaurants, Sunset Grill, Midtown Cafe and Cabana, has been a very outspoken opponent of the bill and has posted signs outside his restaurants telling customers their weapons are not allowed.

With the lawsuit, he hopes to get a temporary injunction to stop the legislation from going into effect, saying it's "just not good public policy."

"The proponents of this claim that it has no potential problem, and I'm not concerned about the 99% of gun permit holders," Rayburn said. "I'm concerned about the 2% who aren't always as legal and responsible as they should be."

Tuesday, restaurateurs and business owners met behind closed doors for a board meeting of the Tennessee Hospitality Association. 

They were briefed on the lawsuit and the potential of getting an injunction.

Rayburn said, "Under the Nuisance Laws, historically throughout Tennessee in court cases for decades, they've ruled that guns and alcohol are an inherent public safety problem and safety issue, and the Courts have upheld the cities' rights to be able to enforce public safety."

The group filing the lawsuit said while it would like to see the legislation overturned, it will settle for an opt-out clause similar to the "Guns in Parks" bill.

"We think cities and counties should have the right to be able to do that just as they've done in parks," said Rayburn.

Some lawmakers say the group's lawsuit is unnecessary considering the bill allows bars and restaurants to post signs banning guns in their establishment.

Both the "Guns in Bars" and "Guns in Parks" laws are not only getting national attention, but worldwide attention. 

The British Broadcasting Corporation (BBC), based out of Great Britain, was in Nashville producing a story about the gun legislation in Tennessee.

Governor Phil Bredesen vetoed the "Guns in Bars" measure in May, but the Tennessee General Assembly voted last month to override the veto.

Related Stories:

• June 29, 2009: Local governments consider ban on guns in parks
• June 29, 2009: Restaurants prepare for new 'Guns in Bars' law
• June 18, 2009: Nashville looks to keep guns out of parks
• June 4, 2009: Handgun permits are up in Tennessee
• June 4, 2009: Senate overrides veto of bill allowing guns where alcohol served
• June 3, 2009: House overrides governor's veto of 'Guns in Bars'
• June 2, 2009: Gun bill sponsor says governor, media misfired
• June 1, 2009: Senate sponsor hopes to override governor 'Guns in Bars' veto
• May 29, 2009: Some glad guns will stay out of bars, restaurants for now
• May 28, 2009: Gov. Bredesen rejects 'Guns in Bars' bill
• May 27, 2009: 'Guns in parks' bill is one step closer to becoming law
• May 14, 2009: 'Guns in Bars' bill heads to governor
• May 7, 2009: House votes to allow guns where alcohol served
• May 4, 2009: Restrictions removed from 'Guns in Bars' bill
• April 16, 2009: Senate OKs 'Guns in Bars' bill
• April 6, 2009: House passes bill to allow guns where alcohol served
• March 30, 2009: House delays vote on 'Guns in Bars' bill
• March 4, 2009: Should guns be allowed in parks?