Nashville party wagon owner barred from operating for months, fined $1,500

For at least a few months, Nashville will be short a few of its most controversial attractions: the tractor-pulled wagons that chug through its streets.

Circuit Court Judge David Briley ruled Friday afternoon that Off the Wagon Tours is permanently prohibited from pulling passengers in its party wagons without the proper licenses. The earliest the company could get the licenses for its four wagons is April 2024, but it’s far from guaranteed that owner Curtis Carney will be able to secure them.

Briley also gave Carney and Off the Wagon a $1,500 fine, but payment will be delayed through the course of the appeal that his attorney Bryant Kroll indicated he plans to file.

Carney said after the hearing that he is fighting against what he called overreach by government agencies, specifically in this case the Transportation Licensing Commission.

“There’s no oversight. There's no law, there's nothing to govern this agency,” Carney said. “This is the fight that I'm fighting, but this is the same situation as the one happening everywhere.”

Carney and Off the Wagon have been locked in the court dispute with Metro Nashville for several months, which began when Carney continued operating his business this year despite not having — and not applying for — the appropriate licenses, which are regulated by Metro’s Transportation Licensing Commission.

Metro issued more than 100 citations to Off the Wagon over the course of months, with each one carrying a $50 fine. Carney and Kroll contended they were not served the tickets at the time, but Briley denied the challenge they made based on that claim Friday. Carney did not pay the tickets and continued operating his business.

Limited by a provision in the Tennessee Constitution capping fines without a jury decision to $50, Metro sought another way to get Carney to quit operating. Metro requested an injunction — a type of court order in civil cases — to order Carney to quit operating. Briley granted the preliminary injunction in July, but Carney still kept the wagons running.

Then, on Nov. 9, Briley found that Carney and Off the Wagon were guilty of criminal contempt for continuing to operate after the injunction. Carney was sentenced to 40 days in jail, but he was released on bail after being booked while his appeal — which has not yet been filed — moves through the courts.

If his appeal is unsuccessful, he may still have to serve the 40 days of incarceration.

The $1,500 fine was imposed for the underlying violations for operating without a permit, not the contempt charges.

He may have to pay thousands more at the conclusion of the case. Metro has requested from the court that Off the Wagon return its profits made while operating illegally and may issue additional citations if Off the Wagon complies with discovery.

Carney ran for Tennessee governor in 2022 but was disqualified from the Republican primary, according to Julia Bruck, communications director for the Tennessee Secretary of State.

Evan Mealins is the justice reporter for The Tennessean. Contact him at emealins@gannett.com or follow him on X, formerly known as Twitter, @EvanMealins

This article originally appeared on Nashville Tennessean: Nashville party bus company Off the Wagon shut down, fined $1,500