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1995 Tennessee Attorney General Reports and Opinions 1 (1995)

handle is hein.sag/sagtn0147 and id is 1 raw text is: ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 December, 1995 95-123 CRIMINAL LAW:Self Defense: The statutory defense of self-defense, codified at T.C.A. §39-11-611, is available to one who has a safe avenue of retreat that would eliminate the need to use force. Under the statute, the fact that one might have a safe avenue of retreat is not relevant to whether the use of force is necessary. T.C.A. §39-11-611. 95-122 HEARING:Hearing Aids: Repairs of hearing aids and items associated with hearing aids such as accessories are exempt from sales and use tax under a recent amendment to T.C.A. §67-6-314(5)(Supp.1995) and T.C.A. §67-6-329 (a)(14) (Supp. 1995). Warranties for hearing aides are not exempt from sales and use tax under the statute. T.C.A. §63-15-101, §63-17-201, §67-6-314, §67-6-329. 95-121 INDUSTRIAL PARK: A municipality has the authority under T.C.A. § 13-16- 203 to acquire land within or without its municipal boundaries for the development of an industrial park, without the approval of the county commission. A municipality is not required to annex land it acquires for the purpose of creating an industrial park. Annexation is not necessary as a precondition either to the exercise of the power of eminent domain or to the issuance of bonds for the proposed industrial park. T.C.A. § 13-16-203. 95-125 MOTOR VEHICLES:Traffic Offenses: The City of Winchester is not preempted by any rule of law from regulating parking spaces immediately adjacent to, bordering on, or in the federal rights-of-way of U.S. Highways 64 West and 41-A North. When a city judge executes a bench warrant within his official capacity and discretion for the arrest of an individual who does not appear in court as commanded on a parking ticket left under a car's windshield wiper, no tort liability arises. Elected officials, like the rest of the population, can be fined for traffic violations. These fines do not violate the constitutional prohibition against diminution of salary while in office. Tenn. Const. Art. VI, §7; 23 U.S.C.A. §§103, 114, 116; T.C.A. §55-8-103-107. 95126 OPEN MEETINGS ACT: Since neither the U.S. or Tennessee Supreme Court, nor any federal appeals court has recognized the existence of a right of access to public meetings under the First Amendment beyond the courtroom context, a proposed ordinance of the City of Bells which would make it unlawful for anyone to bring any video or photographic equipment into an official meeting of the Board of Mayor and Aldermen would not violate the First Amendment. The

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