In the wake of the brutal beating and death of Tyre Nichols earlier this year, police in Memphis will be directed to cease traffic stops for low-level offenses like improperly placed license plates or a single broken brake light. 

City council members passed the “Achieving Driving Equality” ordinance on Tuesday, making the city the sixth in the country to pass a similar ordinance, according to Councilwoman Michalyn Easter-Thomas, its sponsor.

The ordinance was a win for advocacy groups who have pushed for its passage since the death of Nichols, a 29-year-old Black man who died three days after being beaten by Memphis police officers. Nichols was pulled over in a Jan. 7 traffic stop before officers forced him from his vehicle, tased, chased and beat him.

The ordinance still allows police officers to stop drivers for “primary violations” and when there are both a primary and secondary violation. However, they may not stop a driver for only a secondary violation.

The goal is to reduce interactions between police and the public and to allow police to focus on serious crimes, not “poverty crimes,” Easter-Thomas said.

Secondary violations are defined as:

  • Vehicles with expired registration within 60 days of expiration
  • When a temporary registration permit is improperly located but still clearly displayed
  • When the registration plate is not securely fastened but is clearly displayed
  • When a single light (including brake, head or running light) is out
  • Loosely secured bumpers

“What this ordinance is, is surrounding the idea of pretextual stops, how they aren’t helpful and how they divert resources away from our clearly intentioned needs in our community such as dealing with crime and aiding our citizens,” Easter-Thomas said.

State law still takes precedence over a local ordinance. Memphis Police Chief Cerelyn “CJ” Davis told council members that state laws will allow officers to stop cars for secondary violations “if there is a situation that’s an outlier.”

Audience members celebrate after an ordinance, which would have consolidated the previously passed ordinances on data transparency, traffic stops and more, was tabled indefinitely by Councilman JB Smiley during the Memphis City Council meeting on Tuesday, April 11, 2023.

It was the final ordinance supported by advocacy groups like Decarcerate Memphis and Memphis Interfaith Coalition for Action and Hope to be passed by the Memphis City Council.

During a council meeting, Rosalyn Nichols, an Interfaith Officer at the Metropolitan Inter-Faith Association (MIFA), asked the council to rename the ordinance the “Tyre Nichols Driving Equality Ordinance,” which was supported by Nichols’ family.

“As you well know, this ordinance will reduce the threat against citizens and the loss of life at the hands of police in the name of law enforcement,” Rosalyn Nichols said. “This will be the first step for healing that starts as we begin to move as a community beyond the darkness of Jan. 7 as a model for our nation with Memphis leading.”  

Easter-Thomas said she wanted to talk with Tyre Nichols’ family before adding his name to the ordinance.