Metropolitan Government of Nashville & Davidson County v. Shaw

OPINION

COOPER, Justice.

This is an appeal from a judgment holding unconstitutional Metropolitan Government Ordinance 5-1-23.2, prohibiting “brown-bagging” in establishments licensed to sell beer for on-premises consumption, and dismissing a misdemeanor warrant charging Ronald Shaw with violation of the ordinance.

Mr. Shaw was the operator of a tavern known as “Our Place,” which was licensed to sell beer for on-premises consumption. During a regular tavern check, Metropolitan Police Sergeant Mike Windsor found several open bottles of liquor on tavern tables. It was determined that the bottles…