Shelby County judge rules Memphis City Council can join mayoral residency lawsuit

A Shelby County Chancery Court judge has ruled that Memphis City Council can join the ongoing residency lawsuit initially filed by two mayoral candidates who opposed a five-year residency requirement.

"The only question before the court today is whether or not the council can be part of this suit," said Chancellor JoeDae Jenkins, "and the answer is yes."

City Council attorney Allan Wade entered a cross complaint Monday, arguing a 1996 ballot referendum ended a five-year residency requirement. City attorneys disagree, and say they have been charged to uphold the charter as interpreted.

The Memphis City Council's cross complaint was unexpected, as it contradicted the position of the city's administrative branch. And, it meant the City Council was suing the city, putting it on the side of two mayoral candidates.

The ruling Wednesday further complicates a legal battle underway; initially, Memphis mayoral candidates Van Turner, head of the Memphis NAACP branch, and Shelby County Sheriff Floyd Bonner sued the Shelby County Election Commission over the residency requirement that said candidates need to have lived in Memphis for at least five years.

Attorneys for Bonner and Turner originally opposed bringing the city into the suit. After a city attorney said the city held the position that a five-year residency requirement is in effect, Jenkins brought the city into the suit.

A cross complaint filed by Wade argues the opposite. In court Wednesday, Wade took aim at the city's position, and argued that an opinion authored by former Shelby County election commissioner Robert Meyers, was given immediate authority by the Shelby County Election Commission.

Meyers' opinion that the requirement was in effect, Wade asserted in court, has no standing as he is neither part of the city's government or employed by city council.

Wednesday's hearing sets the stage for next week's bench trial over the residency requirement. The election commission was dismissed earlier in the week from the suit. Attorneys for both the city and city council did not express opposition to the dismissal.

Micaela Watts is a reporter for The Commercial Appeal covering issues tied to access, equity, and education. She can be reached at micaela.watts@commercialappeal.com.

This article originally appeared on Memphis Commercial Appeal: Memphis City Council to join residency lawsuit for mayoral candidates