Shelby County Commission approves up to $200,000 to support lawsuit challenging proposed school takeover law

The Shelby County Commission voted 8-3 on May 4 to approve a resolution amending the FY26 general fund operating budget and allocating up to $200,000 to engage counsel in potential litigation challenging a proposed state takeover law targeting Memphis-Shelby County Schools. Commissioner Mikael Lowry moved the resolution, seconded by Commissioner Thornton; the clerk recorded eight ayes and three noes and the motion passed.

The measure funds a legal response to what Mayor Harris and several commissioners called 'Brent Taylor's new takeover law.' Mayor Harris, who participated by phone, said the legislation 'strips to voters in Memphis and Shelby County of any say in the school system and gives that authority to state officials' and warned the state board named in the bill could fire employees, cancel contracts and close schools 'with no notice or public meetings.'

Supporters, including Commissioner Sugarman and Commissioner Whaley, framed the vote as a defense of local accountability and a necessary step to protect students and community input. Sugarman cited research about past state interventions, saying, "Research from Vanderbilt's Tennessee Education Research Alliance found that the achievement school district schools performed no better or worse than comparison schools," and warned previous takeover efforts left students behind.

Opponents pressed procedural and fiscal concerns. Commissioner Wright raised a point of order about agenda routing and past practice of committee referral; he said the commission was 'ignoring our rules' by taking up the item at a special called meeting. Commissioner Mills and Commissioner Thornton questioned whether suing the state was the best use of county resources and asked for details on expected costs beyond the $200,000 cap.

County Attorney Megan Smith told the commission the proposed legal spending would be handled through the tort fund, explaining the county 'is required to fund its liabilities, among them defense of its rights and privileges.' Audrey Tipton, director of administration and finance, said the money currently sits in the general fund and would be moved to the tort fund for legal expenses; the exhibit accompanying the item shows the transfer mechanics.

Public commenters were sharply divided. Teacher Liz Maribel urged commissioners to "support this measure and to support the kids of this school district," saying prior state intervention was a 'disaster.' Dr. Dena Vaughn said the proposal raised broader concerns about intent and racialized policy, stating, 'Racism is the play, but fascism is the plan.' Another commenter, Anthony Ward, opposed using taxpayer dollars for lawsuits and criticized local leadership.

The clerk reported the final vote as eight ayes (Commissioners Whaley, Clay Bibbs, Caswell, Sugarman, Schley/Shilai, Brooks, Lowry and Chairwoman Avant) and three no votes (Commissioners Mills, Wright and Thornton). The resolution authorizes appropriation and expenditure not to exceed $200,000 from fund balance to engage counsel in support of litigation by Shelby County and Memphis-Shelby County Schools against the state. The motion passed; the county will transfer the stated amount to the tort fund and may engage outside counsel as defined by the resolution.