TBA Law Blog

Posted by: Kate Prince on Jun 10, 2021

Nashville District Attorney Glenn Funk released a letter yesterday confirming his decision to not enforce a new state law that requires businesses to post signs outside of bathrooms that are transgender-friendly, the Tennessean reports.  "My office is devoted to public safety, prosecuting violent crimes and supporting victims,” Funk said in the letter. “However, this law does not accomplish those goals.” The response came after state Rep. John Ragan, R-Oak Ridge, issued a second request on Monday for Funk to explain his position. Though Ragan acknowledged district attorneys can exercise prosecutorial discretion in criminal cases in his letter to Funk, he wrote that “such discretion is not totally without limits.” Funk disagreed, noting the power each branch of government has to ‘check’ the other branches and “act as a ‘balance’ to prevent any one branch of government from having too much power over the people or over another governmental branch.”