MEMPHIS, Tenn. - Shelby County Mayor Lee Harris and a coalition of state and local leaders are taking Governor Bill Lee to court over what they called an illegal National Guard deployment in Memphis.
Governor Lee sent troops to the city at the request of President Donald Trump, but some local officials argue that he's overstepped his authority.
The lawsuit, filed in Davidson County Chancery Court, pits some of Shelby County's top elected leaders against Tennessee's governor. At the center of the case is a key question: Did the governor follow state law when he deployed National Guard troops to Memphis?
Shelby County Mayor Lee Harris, Memphis City Councilman JB Smiley Jr., and several state lawmakers including State Representatives G.A. Hardaway and Gabby Salinas, State Senator Jeff Yarbro, and County Commissioners Erika Sugarmon and Henri Brooks are suing Governor Lee, Attorney General Jonathan Skrmetti, and Major General Warner Ross III.
The lawsuit argues the deployment violates the Tennessee Constitution, which limits the governor's authority to use the National Guard as a domestic police force. Under state law, the Guard can only be deployed during a rebellion, invasion, or at the request of local officials, none of which occurred in this case.
"This fight isn't about ignoring the crime problem," Smiley said. "It's about making sure the law is followed."
"We have to accept the fact that we have a crime problem and we must do everything in our power to reduce violent crime in our communities, but not like this," Smiley said.
Republican leaders, however, are backing the governor. They say the Guard's presence is already making an impact, pointing to more than 1,000 arrests since troops arrived.
"Already in the short few weeks they've been here, there have been over a thousand arrests of routine and violent criminals. That is hugely positive for our city," said Luke Cymbal, Vice Chair of the Republican Party of Shelby County.
Cymbal added that the deployment "makes clear who's on the side of law and order."
Some Democratic lawmakers say there are better, long-term ways to fight crime focusing on prevention, education, and investment rather than military action.
"We'd like to negotiate with the governor on how he can provide what we need. We've got a wish list for funding and for programs he's cut education, entrepreneurship, apprenticeships. That's how you prevent crime. Victims would rather criminals had opportunities before they got hit in the head than after," said Rep. G.A. Hardaway Sr..
The first court hearing in the case is scheduled for November 3 in Davidson County.
FOX13 will continue to follow both the legal arguments and what the decision could mean for National Guard operations in Memphis.
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