A sheriff’s deputy says “driving is privilege” and his job is to protect constitutional liberties. Our court proceedings will hold him to account on these claims. (Photo David Tulis)

A judge sitting at a large desk in this U.S. post office and federal courthouse building in Chattanooga, center, rejects a lawsuit to decriminalize traffic stops that argues driving a motor vehicle is a privilege and a licensed occupation subject to civil administrative proceedings. (Photo David Tulis)

“I object to these proceedings,” I tell a sheriff’s deputy who handcuffs me though telling me I am not under arrest. (Photo David Tulis)

Sheriff Austin Garrett, right, talks with Jews in a round table discussion “on the challenges facing the Jewish community” from “the growing threat of antisemitism,” according to the sheriff’s department. To generate arrests among black and the poor Americans, Mr. Garrett uses general warrants which Tenn. Const. Art. 1 § 7 says are “dangerous to liberty, and ought not to be granted,” forbidden also in T.C.A. § 40-7-103, the exceptions statute restricting misdemeanor warrantless arrest. Sheriff Garrett and local police use so-called “traffic stops” to secure Jim Crow authority of long standing. (Photo HCSO)

Travis McDonough, federal judge

CHATTANOOGA, Tenn., Thursday, May 8, 2025  – A radio journalist suing to decriminalize traffic stops is taking his case to the 6th circuit court of appeals in Cincinnati because “we don’t need handcuffs, draggings and jail cells for managing any Tennessee occupational privilege.”

David Tulis of Eagle Radio Network filed suit Nov. 19, 2024, after Hamilton County deputy Brandon Bennett jailed him on press business for a damaged taillight and refusal to show ID.

U.S. district court judge Travis McDonough dismissed the complaint saying Bennett had probable cause for the arrest because Tulis’ Toyota RAV4 taillight had missing red plastic. Tulis refused to show a driver license because he was not involved in “privilege taxable activity in commerce,” he said. The arrest is on YouTube. https://www.youtube.com/watch?v=lw6GPS7II14

McDonough says case law is clear. U.S. courts reject the distinction between travel and commercial transportation, a damaged taillight is a misdemeanor, refusal to exhibit a license is criminal and Bennett did no wrong. The case “runs headlong into Supreme Court precedent” upholding warrantless on-spot arrest powers, his ruling says. 

In a nutshell——————————————

➤ Police use criminal authority in an administrative realm

➤ Appeal will focus on driving as an occupation, subject to UAPA

➤ Civilizing traffic administration long overdue

“Despite what Plaintiff may believe, his theory that he does not need a driver’s license when traveling for personal reasons is not new or persuasive. It is frequently raised and just as frequently rejected” as “utterly without merit,” the order says.

Tulis says state arrest protections are greater than those under the federal 4th amendment, and that the state can’t lawfully resort to criminal peacekeeping authority first in regulating the motor vehicle privilege when law requires a moving party to exhaust its administrative remedies. 

“No occupational privilege is regulated with armed cops, handcuffs, bullying and jail,” Tulis said. “Operating a motor vehicle is a privilege, just like plumbing, embalming, or dealing in scrap metal. An allegation of wrongdoing under a state license must be handled administratively. All professions have an overseer board. For drivers like Tyre Nichols, it’s the commissioner of safety. We have the UAPA, the uniform administrative procedures act, under which traffic infractions are to be handled. No more screaming ‘Get the f— out the f—-ing car!’”

Tulis says sheriff Austin Garrett is legally poaching upon department of safety authority. “If indeed everybody is supposed to be in commerce and have a driver license, it’s up to the department of safety to use administrative authority to check wrongdoing. The people have a right of ingress-egress, of enjoying exercise of their rights to free movement. Jim Crow and social engineering are the basis of criminal traffic stops, in Memphis as well as Hamilton County. My Christian mercy ministry intends to reduce violence by public servants, and bring about reform so that people learn to respect police rather than hate them as they do across the board.”

####

Link to Judge McDonough dismissal

https://drive.google.com/file/d/1dbGhcWqDT0ZPVMFaPJbU0UvxEYwfn5m7/view?usp=sharing

Link to David Tulis complaint

https://drive.google.com/file/d/1xCUN7XI1Ar3S-Q658POXdhaU4pNpaVQI/view?usp=sharing

I am reporter with Eagle Radio Network — marvelously playing rock hits in Chattanooga, and online at https://www.eagleradionetwork.com/