NASHVILLE, Tenn. (WTVF) — An order filed Friday afternoon will likely end efforts to put the fate of one of the country’s oldest racetracks on a November ballot.
Chancellor Patricia Moskal issued a ruling stating the title of the proposed amendment was flawed.
"Does not clearly express its subject," Moskal said.
Attorney Seth Cline represented former racer Neil Chaffin in the lawsuit against the proposed amendment. We were in court earlier this week where Cline argued that the title alone was confusing enough.
The title of the proposed amendment read: "Updating the functions and duties of the Metropolitan Board of Fair Commissioners."
"That lack of transparency violated the amendment certification process outlined in the Metropolitan Charter. Today's ruling is a major victory for Nashville's racing community and a reassurance that if someone wants to take racing away from the Fairgrounds, they have to say so openly — and face the voters honestly. This decision reaches beyond auto racing or the Fairgrounds themselves. It protects Nashville voters from misleading ballot measures and reaffirms that any attempt to alter the Metro Charter must be presented openly, lawfully, and with full candor to the public," Cline said.
Chaffin sent the following statement:
“The chancellor’s ruling exposes the fact that John Ingram and his band of political operators were trying to hide their true aim to tear down the historic speedway. Racing has long been a cherished part of the Fairgrounds, and I am relieved that the soccer people will not be able to pursue their attempt to ban racing without making their intentions fully clear. I hope that the mayor and Metro Council step up now and do the right thing with a solution to restore the speedway and preserve this special place for future generations. Nashville has lost enough of its historic places, and we darn sure should protect our Fairgrounds."
Attorneys for the racetrack opposition group Fairgrounds Preservation Partners, led by Mike Kopp and former Nashville law director Saul Solomon, argued the petition’s subsequent paragraphs made it clear they wanted to replace auto racing as a protected use of the fairgrounds with affordable or workforce housing.
“Today’s ruling is a temporary setback, and we remain undeterred. We’re encouraged that the court agreed with our arguments except for a highly technical issue that can be resolved by re-filing the petition with the Charter Revision Commission. We're committed to addressing the court's concern, and we’ll re-file the petition shortly," said Kopp, co-founder, Restore Our Fairgrounds coalition.
The petition aimed to replace language in the city’s charter with the following:
"Continue activities, other than auto racing, on the premises of the Tennessee State Fairgrounds, including but not limited to, the Tennessee State Fair, Expo Center Events, Flea Markets, and Affordable and/or Workforce Housing."
Cline zeroed in on the term Tennessee State Fair, arguing the petition is inaccurate since the state fair has been held in Wilson County since 2020. However, the respondents did not have a responsibility to change language that is also outdated in Metro’s own charter, Moskal said.w
The respondents had time to make an amendment to the petition, but chose to leave language referring to the Tennessee State Fairgrounds, Cline said.
"They could have simply said this is about whether to ban racing at the fairgrounds...That simple change in language and there wouldn’t be an argument over uncertainty," Cline said.
Metro’s Charter Revision Commission should never have approved something with language that could still confuse voters, Moskal said.
"The court concludes that the Commission’s decision to certify the proposed amendment was arbitrary and capricious, because its title did not meet the requirements," Moskal said.
Moskal reversed the decision, meaning the petition process now returns to the very beginning, making it difficult for the group to get the necessary 50,000+ signatures in time by July 5. That's assuming another legal challenge won't stall those efforts as well, but Cline says they're not interested in filing frivolous lawsuits against any lawful petitions.
"So long as the voters of Metro Nashville and Davidson County can go to that ballot with absolute certainty to know that when they vote on an amendment, they know the exact outcome and intent, that's the ultimate goal and outcome," Cline said.
This is not the first time the highly contested fairgrounds property has faced petitions attempting to end racing at the fairgrounds, and it may not be the last.
In the meantime, I have heard from racetrack legends like Dale Earnhardt Jr., who continue to push for a better sound barrier as a way to keep racing alive while easing the burden on neighbors nearby.
This is a developing story.
If you have any questions or comments about the racetrack debate, you can email me at Levi.Ismail@newschannel5.com.
