Tennessee Attorney General Herbert Slattery said the governor has exclusive say-so in time of emergency in the state.
In a six-page opinion issued Monday, he said, "Absent an express delegation of power by the Governor, local governmental entities may not take actions that are either more restrictive or less restrictive with respect to the subjects addressed in the Governor’s executive orders governing the State’s emergency response to COVID-19.
"Such action would be at cross purposes with the Governor’s orders, which are the law of the State, and would constitute an impermissible legal conflict."
In Chattanooga, Mayor Andy Berke put down a shelter in place order that closed many local businesses. The closures, including restaurants, were to continue at least through this week.
Governor Bill Lee, who has launched a re-opening of many businesses in recent orders, then decreed that restaurants across the state, including Chattanooga, could reopen today for dine-in under strict health conditions. He said the re-opening in large cities like Chattanooga was subject to the approval of the County Health Department.
The opinion says that "some local governmental entities have issued orders that are either more restrictive or less restrictive than the Governor’s executive orders."
Click here to read the opinion.