NASHVILLE Tenn. —Some Tennessee restaurateurs, anticipating increased liability costs from a controversial new law allowing concealed firearms into restaurants that serve alcohol, are seeking an injunction that would shoot the legislation down for good.
The law, passed by state legislators in May and enacted July 14 despite a veto by Gov. Phil Bredesen, lets patrons with gun permits carry concealed weapons into establishments that serve alcohol on the premises, although they are not allowed to drink. But the law also entitles restaurateurs to post signs banning guns from their establishments. Patrons who are caught ignoring such a warning are subject to fines of $500. —Some Tennessee restaurateurs, anticipating increased liability costs from a controversial new law allowing concealed firearms into restaurants that serve alcohol, are seeking an injunction that would shoot the legislation down for good.
Tennessee’s law went into effect a day before similar legislation was approved by lawmakers in Arizona. —Some Tennessee restaurateurs, anticipating increased liability costs from a controversial new law allowing concealed firearms into restaurants that serve alcohol, are seeking an injunction that would shoot the legislation down for good.
According to the National Rifle Association, approximately 36 states permit firearms to be carried into restaurants, but some of those laws tend to be more stringent. For instance, in some states guns cannot be concealed. Georgia, Arizona and Tennessee are the only states where concealed weapons are allowed into alcohol-serving establishments. —Some Tennessee restaurateurs, anticipating increased liability costs from a controversial new law allowing concealed firearms into restaurants that serve alcohol, are seeking an injunction that would shoot the legislation down for good.
A group of Tennessee restaurateurs were unsuccessful in mid-July in their attempt to win an injunction to keep the law from going into effect. But the judge reviewing their case said that portions of the argument concerning the vagueness of the law did have merit and that a hearing would occur within 90 days, said Randy Rayburn, operator of three Nashville restaurants and lead plaintiff in the lawsuit. —Some Tennessee restaurateurs, anticipating increased liability costs from a controversial new law allowing concealed firearms into restaurants that serve alcohol, are seeking an injunction that would shoot the legislation down for good.
“This is a stupid law,” Rayburn said. “This law will serve no purpose other than [causing] bloodshed to result.” —Some Tennessee restaurateurs, anticipating increased liability costs from a controversial new law allowing concealed firearms into restaurants that serve alcohol, are seeking an injunction that would shoot the legislation down for good.
Even though the law contains an opt-out clause allowing operators to post signs that ban guns in their stores, the question of what happens if an incident occurs on the premises remains murky at best, operators said. —Some Tennessee restaurateurs, anticipating increased liability costs from a controversial new law allowing concealed firearms into restaurants that serve alcohol, are seeking an injunction that would shoot the legislation down for good.
“Really, the big issue is—and we’ve talked to numerous attorneys across the state—whether posting the signs absolves the business owner from liability, but no one seems to know,” said Walt Baker, chief executive of the Tennessee Hospitality Association. “Even if we do post signs, our insurance rates will go up, but we don’t know how much. Insurance companies don’t know what to do with this. By definition, there are no bars in Tennessee. Every establishment has to generate at least 50 percent of its sales from food, even at a local tavern.” —Some Tennessee restaurateurs, anticipating increased liability costs from a controversial new law allowing concealed firearms into restaurants that serve alcohol, are seeking an injunction that would shoot the legislation down for good.
Baker further stated that no one has determined whether posting the opt-out sign is enough to protect the operator against liability if a shooting does occur on the premises. —Some Tennessee restaurateurs, anticipating increased liability costs from a controversial new law allowing concealed firearms into restaurants that serve alcohol, are seeking an injunction that would shoot the legislation down for good.
“Up until this point, you were not allowed to bring guns into these establishments, and if an incident took place, liability fell on the individual who carried in that gun,” Baker said. “But now, because the law expressly permits guns in these places, even if you decide you don’t want guns in your restaurant and you post the sign, the question then becomes: Did you do enough by posting the sign? Did you do enough to keep that gun from coming into the establishment? Do you have to frisk the guy like they do at the honkey tonks in downtown Nashville? They have wands and bouncers who watch who comes in and wand you when you do.” —Some Tennessee restaurateurs, anticipating increased liability costs from a controversial new law allowing concealed firearms into restaurants that serve alcohol, are seeking an injunction that would shoot the legislation down for good.
Rayburn said he has been told in no uncertain terms to expect the rates on his insurance premiums to go up. —Some Tennessee restaurateurs, anticipating increased liability costs from a controversial new law allowing concealed firearms into restaurants that serve alcohol, are seeking an injunction that would shoot the legislation down for good.
“If we post [the signs], we are under strict liability to ensure a safe environment and subject to higher insurance costs accordingly,” he said. “Nobody can give us a straight answer, but I’ve heard [of increases of] anywhere from 30 percent to 100 percent in dram shop [liability].” —Some Tennessee restaurateurs, anticipating increased liability costs from a controversial new law allowing concealed firearms into restaurants that serve alcohol, are seeking an injunction that would shoot the legislation down for good.
However, Mike Kelley, owner-operator of the upscale Jimmy Kelley’s Steakhouse in Nashville, said he just renewed his insurance policy and the rates have not changed—yet. —Some Tennessee restaurateurs, anticipating increased liability costs from a controversial new law allowing concealed firearms into restaurants that serve alcohol, are seeking an injunction that would shoot the legislation down for good.
“My rates didn’t change, and I certainly hope they won’t,” he said. “Actually, they went down this year. But the fact is, I put the [no-guns] sign up and I have no idea what [the insurance companies] are going to do [in the future].” —Some Tennessee restaurateurs, anticipating increased liability costs from a controversial new law allowing concealed firearms into restaurants that serve alcohol, are seeking an injunction that would shoot the legislation down for good.
Baker said the new law would challenge all restaurateurs, including the big dinnerhouse chains in the state. “This brings Applebee’s, Chili’s, J. Alexander’s—you name it—into play,” he said. —Some Tennessee restaurateurs, anticipating increased liability costs from a controversial new law allowing concealed firearms into restaurants that serve alcohol, are seeking an injunction that would shoot the legislation down for good.
He added that after Tennessee’s measure passed, the restaurant association polled its members and found that roughly 78 percent said they would post the no-guns sign in their establishments, while 22 percent said they would not, with half of those saying it would cause marketing problems for them. —Some Tennessee restaurateurs, anticipating increased liability costs from a controversial new law allowing concealed firearms into restaurants that serve alcohol, are seeking an injunction that would shoot the legislation down for good.
“The publicity worries me more than anything,” Baker said. “In Tennessee, we’ve fought that [redneck] stereotype since ‘Hee Haw’ came on. People think we have no cars or paved streets, but, in fact, we are very cosmopolitan. It’s not like in that Patrick Swayze movie, ‘Roadhouse,’ where everyone is getting into drunken brawls and firing at each other. But that’s the perception out there.” —Some Tennessee restaurateurs, anticipating increased liability costs from a controversial new law allowing concealed firearms into restaurants that serve alcohol, are seeking an injunction that would shoot the legislation down for good.
Kelley, who said he is an avid hunter, also opposes the law. —Some Tennessee restaurateurs, anticipating increased liability costs from a controversial new law allowing concealed firearms into restaurants that serve alcohol, are seeking an injunction that would shoot the legislation down for good.
“It’s ridiculous,” he said. “I’m a gun owner; I shoot sporting clays almost every weekend. I am not against the Second Amendment. But there ought to be some responsibility on the customer’s part to know there are certain things you should and shouldn’t do. You shouldn’t bring a loaded gun into a restaurant. That said, Nashville hasn’t changed [since the law passed]; there’s been no difference. Everyone is doing business as we used to do. No one is walking into my restaurant with a chrome-plated revolver.” —Some Tennessee restaurateurs, anticipating increased liability costs from a controversial new law allowing concealed firearms into restaurants that serve alcohol, are seeking an injunction that would shoot the legislation down for good.
Kelley, who is a member of Nashville’s convention and tourism board, added that the city recently was named one of the top five cities for hospitality. —Some Tennessee restaurateurs, anticipating increased liability costs from a controversial new law allowing concealed firearms into restaurants that serve alcohol, are seeking an injunction that would shoot the legislation down for good.
“We’re known for our friendliness,” he said. “This is not the Wild West. It is unfortunate that some overzealous legislators wanted to pass this law, but they were very misinformed by a small minority of people. In fact, it is a really bad law.” — [email protected] —Some Tennessee restaurateurs, anticipating increased liability costs from a controversial new law allowing concealed firearms into restaurants that serve alcohol, are seeking an injunction that would shoot the legislation down for good.
