The New Tri-State Defender - July 13-19, 2023

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July 13 - 19, 2023

VOL. 72, No. 28

www.tsdmemphis.com

Council’s move to curb gun violence sets up encounter with state government

Ja Morant’s lawyers cite ‘stand your ground’ law, selfdefense in pickup basketball lawsuit The Associated Press The future of a lawsuit accusing Memphis Grizzlies star Ja Morant of assaulting a teenager during a pickup basketball game hinges on whether Morant will be allowed to say that he was acting in self-defense and can receive immunity under Tennessee law. A judge on Wednesday ruled that Morant’s lawyers can proceed for now with their argument that Morant was acting in self-defense when he punched Joshua Holloway during a game at the All-Star player’s Memphis-area home in July 2022. Morant’s lawyers have acknowledged he punched Holloway one time after Holloway threw a basketball at Morant and the ball hit Morant in the chin. In a July 26 motion, the player’s lawyers said he should be immune from liability under the state’s “stand your ground” law, which allows people who feel threatened at their homes to act with force in certain situations. Circuit Court Judge Carol Chumney said the next step would be to hear from lawyers in the case, including those representing the Tennessee Attorney General, about whether the law can be applied to the case under the state Constitution. Morant’s accuser was 17 when the lawsuit was filed. It accuses Morant and friend Davonte Pack of assault, reckless endangerment, abuse or neglect, and infliction of emotional distress. An amended complaint identified the plaintiff as Holloway, who is now 18. Morant filed a countersuit accusing

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by James Coleman

Special to The New Tri-State Defender

Ja Morant of the Grizzlies will have to wait at least 25 games before he joins Memphis for the 2023-24 season. A second-gun incident led to the NBA suspension. Meanwhile a third gun-related instance is now making its way through the local judicial system. (Photo: Warren Roseborough/The New Tri-State Defender) Holloway of slander, battery and assault. No criminal charges have been filed against Morant. The lawsuit has led to complicated legal arguments, including disagreement about whether the state’s “stand your ground” law can be used to support Morant. In a hearing Monday, Holloway’s lawyer Rebecca Adelman argued Morant has waived his claim to immunity and that the self-defense claim under the state law can’t be a reason to dismiss the civil case, partly because there is no ongoing criminal investigation against Morant. Adelman said the self-defense and immunity arguments came too late in the process. She called it a “Hail Mary of Hail Marys.” Will Perry, Morant’s lawyer, argued there

are ways for the “stand your ground” law to apply in civil cases and that Morant is entitled to immunity. He said the motion was timely because the trial is not scheduled until 2024. Outside court on Wednesday, Adelman told reporters that she was disappointed in the judge’s decision to allow the immunity claim to continue, but she was pleased that the court is allowing arguments on the constitutional challenge to the law’s application in the case. “These are ... very important issues to everyone,” Adelman said. Chumney, the judge, has issued a stay in the case, which means depositions, subpoenas, exchanging of evidence and other steps in the

SEE LAWSUIT ON PAGE 2

Memphis City Council members sent a shot across the bow of the gun-friendly Tennessee General Assembly Tuesday (July 11) with the unanimous passage of referendum questions that seek to tighten firearm regulations within the city. “I think this is an enabling legislation that allows our citizens to vote on sensible regulation of deadly weapons,” said sponsor Councilmember Jeff Warren. On Aug. 24, 2024, Memphians will vote yes or no on whether to ban assault weapons within the city. They will have a say on whether to require permits for guns that are currently allowed to be openly carried. The state legislature did away with permit reMemphis City quirements for most handCouncilman guns two years ago. Jeff Warren The referendum will also ask whether guns in vehicles should be stored in a lockbox to prevent thefts. Memphis also be asked if the City Charter will allow extreme risk protection orders, sometimes called red flag laws. The move is expected to provoke a lawsuit

SEE GUNS ON PAGE 2

MLGW chief links tree-trimming woes to power outages by James Coleman

Special to The New Tri-State Defender

From Memphis, running with the Pistons... Big man James Wiseman (left), who starred at East High School and played briefly for the Tigers amid an NCAA eligibility review, is looking for new life in Detroit with the Pistons, alongside another former Memphis big man, Jalen Duren. (Photo: Terry Davis/The New Tri-State Defender) (See story, more photos on Page 10)

An annual shortfall in tree trimming is one of the key causes of widespread power outages that typically occur during weather events in Memphis, according to an update provided by Memphis Light, Gas and Water Division President and CEO Doug McGowen. That was the message McGowen delivered to the Memphis City Council Tuesday (July 11). After much discussion among council members and McGowen pointing out that the city has not met its tree trimming goal since the 1990s, the council approved a five-year, $227 million appropriation to cover costs for tree-trimDoug ming. McGowen Three trimming companies within the utilities’ service area will be given contracts. They do not affect current or planned funding to MLGW. Some of the money will also go to hardening infrastructure. “There is some urgency for us to get some

SEE MLGW ON PAGE 2

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