Rep. Justin J. Pearson Sues Memphis Over City Council Ban Amid Ongoing Data Center Debate

Memphis’ fight over data centers turned into a battle over the First Amendment after Tennessee State Rep. Justin J. Pearson was banned from Memphis City Council meetings. Although this wouldn’t be the first time Pearson – one of the most vocal members of the state legislature – has found himself at the center of a political divide, he has now filed a lawsuit against the city, marking another escalation in the city’s controversial conflict over artificial intelligence and environmental justice.

The lawsuit, obtained by The Tennessee Lookout, alleges that restricting Pearson’s access to city council meetings violates his constitutional rights, escalating a broader fight over corporate accountability and the right to challenge those in power. As concerns mount over Elon Musk’s xAI operations in South Memphis, the case raises a critical question: Can city leaders shut out the people who are demanding answers about what’s happening in their communities?

As we previously reported, residents protested during the Oct. 6 council meeting after members delayed a vote on a proposed moratorium on new data center development. More than 100 people attended the meeting, which ended early amid shouting, protests and a physical altercation in the City Hall lobby. Following the meeting, Council Chairwoman Jana Swearengen-Washington barred Pearson and other community members from attending upcoming sessions. City Attorney Allan Wade defended the decision, telling Action News 5 that it was “totally consistent with our rules of procedure.”

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According to the lawsuit, Pearson is among six plaintiffs – including his brother, Keshaun Pearson and his mother, Kimberly Owens-Pearson – seeking a temporary restraining order to lift the bans. The lawsuit was filed in federal court with assistance from Vanderbilt Law School’s Stanton Foundation First Amendment Clinic, which argues that the council’s speech restrictions are unconstitutional.

“Every person, whether you disagree with them or not, is entitled to speak their opinion and give their ideas in public forums,” Pearson said. “There is no right that gives a City Council chairwoman or anyone else the ability to go beyond the bounds of Tennessee law and the United States Constitution to discriminate or retaliate against those who do not agree with their actions.”

The plaintiffs argue that the city selectively enforced its policies against outspoken critics. According to The Lookout, Pearson said residents have a right to express their views regardless of whether elected officials agree with them.

Pearson’s role in the dispute extends beyond his position in the Tennessee Legislature. He has joined community members advocating for a moratorium on data centers, arguing that local governments have a responsibility to protect residents’ air and water. In a recent interview with Democracy Now, Pearson criticized the expansion of hyperscale data centers and called for stronger local oversight.

“Elon Musk built the world’s largest data center three miles away from our home, and the idea was that we were just supposed to accept that and the little bit of dollars in taxes that we receive, and be silent about the harm of formaldehyde, the harm of nitrogen oxide, the illegal gas turbines that he’s operated in Memphis,” he said.

The council is expected to revisit the issue on Tuesday (Oct. 20), with Memphis residents demanding answers about data centers and Pearson demanding his constitutional rights. Now, a federal court may have to determine where the city’s authority to maintain order ends and the public’s right to protest begins. Whatever the outcome, the dispute has made clear that the fight over data centers is also a fight over who is heard at City Hall.