UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF TENNESSEE

THE LOCAL SPOT, INC. d/b/a THE LOCAL, )

GEOFFERY REID, HARRY O’S )
STEAKHOUSE, LLC d/b/a KID ROCK’S )
BIG ASS HONKY TONK AND STEAKHOUSE, )
HTDG, LLC d/b/a HONKY TONK CENTRAL, )
and TIMOTHY STEPHEN SMITH )
)
Plaintiffs, )
)
vs. )
) NO. 3:20-cv-0421
WILLIAM B. LEE, in his official capacity )
as Governor of Tennessee, HERBERT H. ) DISTRICT JUDGE RICHARDSON
SLATERY, III, in his official capacity as )
Attorney General and Reporter of Tennessee, ) MAGISTRATE JUDGE HOLMES
JOHN COOPER, in his official capacity as )
Mayor of Metropolitan Nashville- )
Davidson County, and MICHAEL )
C. CALDWELL, in his official capacity as )
Chief Medical Director of Health for )
Metropolitan Nashville-Davidson County and )
in his individual capacity, METROPOLITAN )
NASHVILLE-DAVIDSON COUNTY BEER )
PERMIT BOARD and KIA JARMON in her )
official capacity as a Board Member and in her )
individual capacity, )
)
Defendants. )

______________________________________________________________________________

PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER

______________________________________________________________________________

COME NOW Plaintiffs The Local Spot, Inc., Geoffery Reid, Harry O’s Steakhouse,

LLC, HTDG, LLC and Timothy Stephen Smith, by and through counsel, and pursuant to Rule 65

of the Federal Rules of Civil Procedure and respectfully move this Court to enter a Temporary

Restraining Order, which is attached hereto, against Defendants Mayor John Cooper in his

Case 3:20-cv-00421 Document 31 Filed 07/06/20 Page 1 of 5 PageID #: 505

official capacity, Director Michael C. Caldwell, in his official capacity, and the Metro Beer

Board. In the alternative, Plaintiffs respectfully submit that a hearing on a preliminary injunction

be heard as soon as possible. As set forth in the attached Memorandum of Law and affidavits,

Plaintiffs’ establishments have been closed by Metro and such has placed severe financial strain

on Plaintiffs, thus, they are in need of immediate injunctive relief. Plaintiffs’ counsel has

conferred with Metro Defendants’ counsel and the parties are in agreement that this matter

should be heard as soon as possible at a time mutually convenient for the parties and the Court

and the parties will coordinate with the Court to do so.

Plaintiffs seek a Temporary Restraining Order with three (3) components. First, Plaintiffs

seek a TRO restraining and enjoining Metro Defendants from enforcing Health Director Order 9

as it pertains to the closure of Plaintiffs’ businesses. Plaintiffs’ fundamental rights and financial

interests will suffer irreparable harm pursuant to Metro’s Health Director Order 9 if the Court

does not intervene with immediate injunctive relief. Metro Defendants have displayed a

disturbing pattern of discrimination and retaliation against bars and restaurants and in particular

with regard to Plaintiff Timothy Stephen Smith. However, on July 2, 2020, Defendant Caldwell,

at the direction of Defendant Cooper, issued Health Director Order 9, which closed all “limited

service restaurants” for fourteen days, but allowed restaurants to remain open with restrictions.

Metro has not articulated any reliable scientific reasoning to support this disparate treatment. As

Plaintiffs are already on financial shaky ground, being closed for fourteen days (or even longer if

Metro changes its mind again), will likely result in the demise of these businesses. Plaintiffs

have already lost millions and millions of dollars as a result of Metro’s overreaching health

orders. Thus, Plaintiffs seek a temporary restraining order enjoining Metro Defendants from

enforcing the provision of Health Director Order 9 as it pertains to “limited service restaurants”.

Case 3:20-cv-00421 Document 31 Filed 07/06/20 Page 2 of 5 PageID #: 506

 Additionally, Plaintiffs seek a temporary restraining order enjoining the Metro Beer

Permit Board and Director Caldwell from continuing to prosecution a citation issued by the

Metro Beer Permit Board against Kid Rock’s and two (2) citations issued by the Metro Health

Department, one against Kid Rocks and one against Honky Tonk Central. For cause, Plaintiffs

would show that Director Caldwell and Mayor Cooper have both expressed their intent to

retaliate against Plaintiff Smith and have acted on such statements. Dr. Caldwell literally showed

up at Kid Rock’s and for minor violations unlawfully attempted to shut down Kid Rock’s.

Thereafter, Mayor Cooper sent an investigator from the Beer Permit Board to target Plaintiff

Smith and suspend his Beer permit. Additionally, Defendant Jarmon, a member of the Beer

Permit Board, who voted to issue a citation to suspend Kid Rock’s Beer Permit for five (5) days,

has expressed views on her social media which clearly reveal that she discriminated against Kid

Rock’s establishment because it was not a “black business”. This retaliatory and discriminatory

conduct is causing irreparable harm to Plaintiffs’ rights to speak out against their government,

petition the government for redress and the fundamental right to own and operate their

businesses without undue governmental interference. Thus, immediate, injunctive relief is

requested.

Finally, Plaintiffs seek a temporary restraining order preventing Metro Defendants from

continuing to selectively enforce Metro’s health orders against restaurants and bars. Thousands

and thousands of people have filled the streets of Nashville since May 30th, 2020 and not one

citation has been issued to a protester for violating a health order. In fact, Defendant Cooper has

encouraged the protests and thanked the protestors. Metro Defendants have intentionally turned

a blind-eye to these blatant violations of the health orders, but in the same time span have

unlawfully targeted bars and restaurants and now have completely closed bars for fourteen days.

Case 3:20-cv-00421 Document 31 Filed 07/06/20 Page 3 of 5 PageID #: 507

The disparate treatment is not based on any legitimate governmental interest and is motivated

both by Metro Defendants’ animus toward Plaintiffs and by the fact that it is politically expedient

for Mayor Cooper to fully support the protest, but yet prosecute Plaintiffs and other bars and

restaurants. This disparate treatment is causing irreparable harm to Plaintiffs’ fundamental rights

and to their financial existence. Plaintiffs seek immediate injunctive relief form the Court to

prevent such further discriminatory treatment. In support of this motion and filed

contemporaneously herewith is a Memorandum of Law with exhibits.

WHERFORE, having good cause shown, Plaintiffs respectfully request the Court enter

the Temporary Restraining Order attached hereto, or, in the alternative, set this matter for an

emergency hearing as soon as practicable.

Respectfully submitted,

SOVEREIGNTY LEGAL FOUNDATION

_/s/ Kirk L. Clements_________________

KIRK L. CLEMENTS, BPR No. 20672
Attorney for Plaintiff
105 Broadway, Ste. 2
Nashville, TN 37201
(615) 964-8000
(615) 953-1902
kirk@kirkclementslaw.com

_/s/James Bryan Lewis____________________

JAMES BRYAN LEWIS, BPR NO. 15116
Attorney for Plaintiffs
214 Second Avenue North, Suite 103
Nashville, TN 37201
615-256-2602
bryan@bryanlewislaw.com

Case 3:20-cv-00421 Document 31 Filed 07/06/20 Page 4 of 5 PageID #: 508

 CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing pleading has been forwarded to the attorneys
and addresses listed below, by placing such in the U.S. Mail with sufficient postage affixed thereto
or via the Court’s electronic filing system on this the 6th day of July, 2020:

Keli Oliver, Esq.

Michael R. Dohn, Esq.
Metro Dept. of Law
P.O. Box 196300
Nashville, Tennessee 37219

Janet M. Kleinfelter, Esq.

Cody N. Brandon, Esq.
Miranda Jones
Tenn. Attorney General’s Office
P.O. Box 20207
Nashville, Tennessee 37202

_/s/ Kirk L. Clements____________________

KIRK L. CLEMENTS

Case 3:20-cv-00421 Document 31 Filed 07/06/20 Page 5 of 5 PageID #: 509

 UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE

THE LOCAL SPOT, INC. d/b/a THE LOCAL, )

GEOFFERY REID, HARRY O’S )
STEAKHOUSE, LLC d/b/a KID ROCK’S BIG )
ASS HONKY TONK AND STEAKHOUSE, )
HTDG, LLC d/b/a HONKY TONK CENTRAL, )
and TIMOTHY STEPHEN SMITH, )
)
Plaintiffs, )
)
vs. ) NO. 3:20-cv-0421
)
WILLIAM B. LEE, in his official capacity as ) DISTRICT JUDGE RICHARDSON
Governor of Tennessee, HERBERT H. )
SLATERY, III, in his official capacity as ) MAGISTRATE JUDGE HOLMES
Attorney General and Reporter of Tennessee, )
JOHN COOPER, in his official capacity as )
Mayor of Metropolitan Nashville-Davidson )
County, and MICHAEL C. CALDWELL, in his )
official capacity as Chief Medical Director of )
Health for Metropolitan Nashville-Davidson )
County and in his individual capacity, )
METROPOLITAN NASHVILLE-DAVIDSON )
COUNTY BEER PERMIT BOARD, and KIA )
JARMON in her official capacity as a Board )
Member and in her individual capacity, )
)
Defendants. )

TEMPORARY RESTRAINING ORDER

It is hereby ORDERED that the Defendants, Mayor John Cooper, Michael C. Caldwell,

Metropolitan Nashville-Davidson County Beer Permit Board, their agents, servants, employees

Case 3:20-cv-00421 Document 31-1 Filed 07/06/20 Page 1 of 4 PageID #: 510

and attorneys, and all persons in active concert and participation with them, be and are hereby

restrained and enjoined from the following actions; to wit:

1. Defendants Metropolitan Nashville Government and Metropolitan Nashville-

Davidson County Director of Health Michael Caldwell shall be restrained from targeting or

selectively prosecuting Plaintiffs Harry O’s Steakhouse, LLC d/b/a Kid Rock’s Big Ass Honky

Tonk and Steakhouse (Kid Rock’s), HTDG, LLC d/b/a Honky Tonk Central (Honky Tonk

Central), and/or Timothy Stephen Smith as it relates to the enforcement of Metropolitan Nashville

Health Code, Mayor John Cooper’s Reopening Plan, and any Public Health Emergency Orders

from Dr. Michael Caldwell or the Metro Board of Health. The Defendants, Metropolitan Nashville

Government and Dr. Michael C. Caldwell, are also enjoined and restrained from pursuing the

prosecution of the Metro Citation MC183073 issued to Jason Embry, Manager for Plaintiff HTDG,

LLC d/b/a Honky Tonk Central, and Metro Citation MC183144 issued to Joel Knight, Manager

for Harry O’s Steakhouse, LLC d/b/a Kid Rock’s. The proceedings set for July 15, 2020 in the

General Sessions Environmental Court for Nashville, Davidson County, Tennessee are stayed

pending further Orders of this Court.

2. Defendants Mayor John Cooper and Metropolitan Beer Permit Board, are

restrained and enjoined from using the Metropolitan Beer Permit Board to target or use the

Metropolitan Beer Permit Board for the selective prosecution of Defendants Kid Rock’s, Honky

Tonk Central, and/or Timothy Stephen Smith. All proceedings as it relates to the Beer Board

Citation issued against Harry O’s Steakhouse, LLC d/b/a Kid Rock’s are hereby restrained and

enjoined pending further Orders of this Court.

3. Defendants Mayor John Cooper, Metropolitan Nashville Government, and Dr.

Michael C. Caldwell, Director of Health, are hereby restrained and enjoined from enforcing the

Case 3:20-cv-00421 Document 31-1 Filed 07/06/20 Page 2 of 4 PageID #: 511

restrictions on Plaintiffs as limited service restaurants as set forth in Public Health Enforcement

Order 9 and Plaintiffs shall be allowed to operate in the same manner as a primary food service

establishment as outlined on page two of Public Health Enforcement Order 9.

4. The Court finds that the violation of the Plaintiffs’ constitutionally guaranteed

rights to Equal Protection and Due Process under both the United States Constitution and the

Tennessee Constitution have been and will continue to be violated, which creates irreparable harm

and necessitates the issuance of this Temporary Restraining Order.

It is further ORDERED that this Temporary Restraining Order shall remain in full force

and effect for ____ days or until otherwise Ordered by this Court. Bond shall be set in the amount

of $________ and a hearing is set for ______________________, 2020 at ____________ o’clock.

ENTERED this the __________ day of July, 2020 at ______________ o’clock.

____________________________________
HONORABLE JUDGE ELI RICHARDSON

Case 3:20-cv-00421 Document 31-1 Filed 07/06/20 Page 3 of 4 PageID #: 512

Approved for Entry:

/s/ James Bryan Lewis_________________

JAMES BRYAN LEWIS, BPR NO. 15116
Attorney for Plaintiffs
214 Second Avenue North, Suite 103
Nashville, TN 37201
615-256-2602
bryan@bryanlewislaw.com

SOVEREIGNTY LEGAL FOUNDATION

/s/ Kirk L. Clements___________________

KIRK L. CLEMENTS, BPR NO. 20672
Attorney for Plaintiffs
105 Broadway, Suite 2
Nashville, TN 37201
615-964-8000
kirk@sovereigntylegal.org

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Temporary Restraining Order has been
forwarded to the attorneys and addresses listed below, by placing such in the U.S. Mail with
sufficient postage affixed thereto, or via the Court’s electronic filing system on this the 6th day of
July, 2020:

Keli Oliver, Esq.

Michael R. Dohn, Esq.
Metro Department of Law
P. O. Box 196300
Nashville, TN 37219

Janet M. Kleinfelter, Esq.

Cody N. Brandon, Esq.
Miranda Jones
Tennessee Attorney General’s Office
P. O. Box 20207
Nashville, TN 37202.

/s/ James Bryan Lewis_________________

JAMES BRYAN LEWIS

Case 3:20-cv-00421 Document 31-1 Filed 07/06/20 Page 4 of 4 PageID #: 513