Internet Explorer 11 is not supported

For optimal browsing, we recommend Chrome, Firefox or Safari browsers.

Holding the Line on Fines

Fifty dollars went a long way in the era of the horse and buggy. But issuing a $50 fine in the 21st century, as a penalty for potentially dangerous municipal code infractions, doesn't seem like much of a deterrent. Yet, under a Tennessee constitutional provision set in 1796, that is the maximum amount the Metropolitan government of Nashville and Davidson County can impose as punishment, according to a ruling issued by the state Supreme Court in September.

Fifty dollars went a long way in the era of the horse and buggy. But issuing a $50 fine in the 21st century, as a penalty for potentially dangerous municipal code infractions, doesn't seem like much of a deterrent. Yet, under a Tennessee constitutional provision set in 1796, that is the maximum amount the Metropolitan government of Nashville and Davidson County can impose as punishment, according to a ruling issued by the state Supreme Court in September.

A higher amount could be imposed by a jury. The problem is, the courts handling municipal violations don't have the authority to impanel a jury. And so the $50 limit, which survived two constitutional revisions in the 19th century, stands. "The language in the Tennessee constitution is pretty clear," says Karl Dean, director of law for the Metro government. But he also notes, "A $50 limitation that may have made a world of sense in 1796 has not kept up with the level of inflation in 2001." According to the Consumer Price Index, $50 in 1800 would equate to $523 today.

In fact, Tennessee municipalities had been issuing higher fines for decades, calling them penalties or civil debt, rather than fines or punishment as was prohibited by the constitution. But the recent Supreme Court ruling overturned a 1964 decision allowing such a semantic two-step.

Since the ruling is so recent, municipalities are still sorting out what they can and cannot do, fine-wise. Some officials think it might be possible to make the case that penalties higher than $50 are "remedial" rather than punitive because they compensate the city for some loss or expense.

Special Projects