Sometimes the very people authorized to protect the public are the ones that do the harm. Even if we are not personally touched by the incident, it affects all of us emotionally, may cause a change in social patterns and or impacts tax revenue to list only a few. For a state that heavily relies upon tax dollars related to tourism, this impact can be traced to financing road projects, schools, emergency services, and even the policies relating to the amount of taxes Tennesseans will be forced to pay.
The lack of comprehensive laws regarding security officers at bars in Tennessee has demonstrated a history of a number of problems that directly impact patrons, staff and business owners alike. Some of the key issues are:
For Patrons:
Uncertain Level of Protection: Without clear standards for training and qualifications, patrons might be unsure of the security team's ability to handle situations effectively.
Increased Risk of Injury: Inadequate training for security guards in de-escalation and conflict resolution techniques can lead to situations where force is used unnecessarily or ineffectively, potentially injuring patrons.
Potential for Bias: In the absence of regulations on racial profiling, patrons from minority backgrounds might be disproportionately targeted by security personnel.
For Staff:
Unclear Liability: Ambiguous laws can leave staff unsure of their own responsibilities and legal standing when dealing with intoxicated patrons or security interventions.
Increased Risk of Violence: Inexperienced security guards might not be adequately prepared to handle aggressive patrons, putting themselves and other staff at risk.
Lack of Standardized Procedures: The absence of clear guidelines can lead to confusion and inconsistency in how staff interacts with security guards and patrons in potentially dangerous situations.
For Businesses:
Potential Legal Issues: Unclear laws make it harder for bars to establish clear protocols and training, increasing the risk of lawsuits due to security incidents.
Insurance Issues: Incomplete regulations might lead to higher insurance premiums or difficulty obtaining coverage altogether.
Negative Reputation: Incidents arising from inadequate security can damage a bar's reputation and deter customers.
For Tourist Tax Dollars:
Reduced Tourism: If Tennessee bars develop a reputation for violence and excessive force, it could deter tourists from visiting the state. This means fewer people spending money on drinks, food, and accommodation, leading to a decrease in revenue generated by tourism taxes.
Negative Impact on Brand Image: A negative perception of safety in Tennessee bars can affect the state's overall brand image as a tourist destination. This could potentially impact other sectors that rely on tourism, like hotels and restaurants.
Overall Impact:
The lack of comprehensive laws creates a situation where everyone involved - patrons, staff, and the business itself - faces increased risks and potential negative consequences. Tennessee citizens and taxpayers bear the brunt of reduced tax revenue and increased costs associated with these negative consequences. These increased costs are such things as increased law enforcement expenditures, government prosecution expenses and even the cost of incarceration in many cases.
The Tennessee legislators and Governor Bill Lee have recognized excessive force by security guards as an issue already. In 2023, Dallas’ law was passed that addressed the issue after the untimely death of Dallas Barrett, a patron at Dierks Bentley’s Whiskey Row in Nashville. Is that bar still open? Did the security officers go to jail? This new law is groundbreaking in its intent but has failed to prevent the problems entirely. It does not go far enough.
On February 17, 2024, Austin Turner and some friends went out to Tin Roof Bar on Demonbreun Street for a small celebration. Shortly after midnight, the group called it a night and started to head home. His friends had left, and Austin was by himself outside the bar headed toward the sidewalk. He was attacked from behind without warning and hit multiple times in the back of the head causing him to fall to the sidewalk. He was taken by ambulance to the emergency room at a local hospital. Austin suffered a fractured skull and brain swelling. Surgery to relieve the pressure on his brain ultimately proved unsuccessful. He slipped into a coma and never regained consciousness. He passed away on March 7, 2024. Security guard and Tin Roof employee Richard Cornelius has been charged with the crime.
There are takeaways from this incident. One obvious takeaway is that Dallas’ Law, although a movement in the right direction, did not prevent the death of Austin Turner. There is room for improvement to the law. Some reasonable proposals:
Mandatory Security Plans: While Dallas’ Law mandates training, it could be beneficial to require bars to develop and implement security plans tailored to their specific establishment. This plan could outline procedures for identifying intoxicated patrons, handling conflicts, and de-escalation techniques for staff (not just security guards).
Extending Required Training: Currently, the law focuses on security guard training. Expanding the mandate to include all bar staff in mandatory intervention and de-escalation training could provide a more holistic approach to safety.
Standardization of Intervention Techniques: Dallas’ Law mandates de-escalation training but doesn't specify techniques. Creating a standardized approach to intervention could improve consistency and effectiveness.
Addressing Bias in Security: There have been concerns about racial profiling in security practices. Including implicit bias training for security guards and staff could help mitigate this issue.
Increased Collaboration with Law Enforcement: Improved communication and collaboration between bar staff, security, and law enforcement could lead to a more coordinated response to incidents.
Mandatory security surveillance cameras that are operational: When employees and patrons are aware that the premises are videoed, all parties are more likely to behavior in an acceptable manner. This measure will also protect employees from unwarranted criminal charges and business owners from frivolous civil lawsuits.
These are some potential ways current Tennessee law could be improved to further enhance safety and security in Tennessee bars, the impact thereof will provide a positive ripple effect to all Tennesseans.
Call to Action
Now is the time to take action. Not next year, not next month, and not next week. We cannot stand by and allow one more innocent life to be lost due to excessive force by security officers. Our current laws and rules must be enhanced to protect the patron’s business owners and the security officers themselves. Our legislators should take steps this legislative session to pass an enhanced law to present to the Governor. All of us should immediately make our voices heard by contacting our elected officials that this is an important issue that needs to be addressed immediately and that the failure to do so will impact voting in this election year. Additionally, we call upon everyone to make their family, friends, and neighbors aware of this seriously important issue and ask them to make their voices heard as well. Let’s make sure that Austin Turner did not die in vain.
Please share with all of your contacts and encourage them to help with this call to action.
To learn more about the story, please watch this video from News Channel 5.
The family of Austin Turner appreciates this effort and can be reached by phone at 615-506-2978 or by email at reforms4austin@gmail.com.
