NASHVILLE, Tenn. (WTVF) — Even before Phase 3 is set to begin, it's not hard to spot transpotainment businesses like pedal taverns and party trailers on Lower Broadway as more tourists return to Music City.
"Transpotaintment" is listed as being able to open at half capacity once the city enters Phase 3, according to the roadmap to reopening. Mayor John Cooper said on Thursday that the next phase is set to start this Monday. There were no other guidelines for the industry in earlier phases.
However, Steve Burress of Old Town Trolley Tours began offering rides days before the roadmap is allowing them to. He said after witnessing a different touring company, he contacted a member of the Metro Public Health Department who gave verbal approval to begin.
"They gave us permission to start effective today, so we're excited that we can get started on a weekend. It was a bit confusing and that's why I wanted to be sure," Burress told NewsChannel 5. "I guess clarification was needed for transpotatinment and tour companies. That wasn't really spelled out, so that sort of gave us the flexibility to go ahead and open."
Curtis Carney of Off The Wagon Tours said after the health department contacted him following his rides last weekend, he also was given the approval to continue.
"They said as long as we abide by the rules we are good to go," Carney said. "There's a bunch of confusion on a bunch of different things."
Metro Public Health spokesperson Brian Todd said he's not aware of any of the staff telling any of the businesses they can operate. He added that the department has not issued a citation to any of the transpotainment businesses, and have reached out to the businesses when there's a complaint.
NewsChannel 5 asked if any businesses are allowed to reopen before Phase 3 even if they're following proper guidelines. Todd said, "We recommend they operate with safety precautions in place. They are officially part of the Phase 3 reopening."
Owners said there's still a grey area with a lot of interpretation. For one thing, "transpotainment" isn't an official classification nor is specifically defined in any ordinances.
Metro Transportation Licensing Commission Director Billy Fields said the city only has authority over horse carriages, pedal taverns and slow-moving vehicles. There's a lack of regulation in the city since the state oversees everything else.
There was legislation that failed that would've allowed local governments to not only define transpotainment, but give them the authority to regulate all businesses including buses and trolleys.
"Under state law, we can only have authority to operate or regulate that are under 15 passengers or vehicles over 10,000 pounds, we can't regulate them," Fields said.
Carney said he joins others owners who feel regulation across the board can help keep everyone accountable and safe. He's been vocal for weeks about the economy reopening to help support the tourism industry and his employees.
Despite other companies on the road, at least one pedal tavern is choosing to wait until Monday. Another has continued to comply but decided to operate this weekend seeing how everyone can make money and not get in major trouble.
