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Jeanette DeMain

Jeanette DeMain
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OCTOBER 28, 2011 10:27AM

Occupy Nashville Updates and Links

Rate: 16 Flag

 

 State Police arrested Occupy Nashville protesters at 3:00 am.

 (Photo by John Partipilo, The Tennessean)

The stormtroopers arrived in the middle of the night, as they so often do, in order to take advantage of the vulnerability and disorientation of the sleeping Occupy Nashville protestors.  An incredible series of photos by Tennessean photographer John Partipilo can be found here. Twenty-nine protestors were arrested.  It was reported that, as of this morning, charges had been dropped and all had been released, but Occupy Nashville says that protestors are still being held.

Occupy Nashville began on October 7th, and a small core of protestors had maintained a constant presence on Legislative Plaza, in full view of the state capitol building, since that time, with others joining when they were able. For the most part, the protest has remained peaceful, but the movement has struggled to integrate the needs of the homeless into its mission.

Yesterday, Governor Bill Haslam announced that a curfew would be instituted on the Plaza, effective between the hours of 10:00 p.m. and 6:00 a.m.  (Why a public space should be subject to a curfew is anyone's guess, and I am hoping that the Tennessee ACLU will become involved in this matter very soon.)  However, protestors were told that the curfew would not be enforced on Thursday.  They must have really meant  Thursday, as barely three hours into Friday, the Plaza was forcibly cleared by dozens of officers from the Tennessee Highway Patrol, which is the law enforcement agency that has jurisdiction over public spaces like Legislative Plaza.

Protestors have been told that they must apply for a daily permit, costing $65.00, have a minimum of $1,000,000 in liability insurance in order to hold any kind of event on the Plaza, and that such events can only be held between the hours of 9:00 a.m and 4:00 p.m. It's nice to know that free speech has regular business hours!

There is a general assembly scheduled for this evening at 7:00 p.m. on the steps of Legislative Plaza.

Ben Grady wore a flower in his hair at the candlelight at the Occupy Nashville protest at Legislative Plaza

(Photo by John Partipilo, The Tennessean)

Here is the press release issued by the Tennessee Department of Safety and Homeland Security (how I hate that the words "homeland security" are involved in arresting people exercising their First Amendment rights) regarding the actions last night.

Safety Commissioner Bill Gibbons tries to defend his actions in a press conference today. Says that the state can't "babysit protestors".  Hmm, babysit or arrrest?  Babysit or arrest?  Are those really the only two options?


Jim and I hope to get downtown tonight and see what's happening. Jim has been down several times already, but hasn't had a chance to edit his photos. I thought this most recent development was too important not to write about, though, even without them. Hope to publish something with original photos early next week.


Update:  More protestors arrested Friday night, including a reporter for the Nashville Scene, who was arrested despite identifying himself as a journalist.  And an unlikely hero of sorts has emerged in Tom Nelson, the night court judge who has refused two nights in a row to sign the Tennessee Highway Patrol's arrest warrants, stating that he could "find no authority anywhere for anyone to authorize a curfew anywere on Legislative Plaza."

Here is a Keith Olbermann interview with Adam Knight, a Metro Nashville teacher who was arrested on Friday night.


Sunday, October 30:  No arrests on Saturday night. Interestingly, there was a gala on Legislative Plaza to benefit the Tennessee Performing Arts Center, and many of the attendees and support staff were on the plaza well after the curfew. The state troopers may have had to arrest those people as well, and maybe that played a part in the decision to stay away. We'll see what happens tonight.


Monday, October 31:  Lawsuit filed today challenging the curfew as "invalid and unenforceable".  And a federal judge has issued a temporary restraining order to prevent any further arrests.

 


Tuesday, November 1:  Protestors are setting up camp again on the Plaza!


WE ARE THE 99%!

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Comments

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I swear i a going to start a movement "Occupy Dianne's Bed"
Sure, the right to "peacefully assemble" thwarted by slapping on a fee no one can afford. Thanks for the update. I can only hope there are some songwriters somewhere writing this one up.
Authorities have been hard at work figuring out how to clear areas of protesters by clever and legal means. In Boston, it was so they could "clean" the park because conditions had become dangerously unsanitary.

Best wishes to everyone in Occupy Nashville.
Jeanette - Thank you for this information. I read somewhere recently, but I don't remember where, an excellent explanation of why the permitting is not constitutional, and I agreed with it completely. Hope the re-up, and keep the photographers close.
Heehee. It really bothers those in the capitol to see folks peacefully protesting outside doesn't it?

:-) / R
We're in these times:
"The stormtroopers arrived in the middle of the night."
Dianne, sounds interesting!

Scarlett, exactly. And from what I've read, the permit requirement has rarely been enforced in the past.

greenheron, I know that there are legitimate sanitation and safety issues involved here. What I'm wondering is why government officials haven't tried to have peaceful discussions with the protestors about these issues

Susica, I'm sure there are major constitutional issues involved here, and I am hopeful that the ACLU will get involved. From what I've read, protestors in Cleveland have been succesful in getting a curfew overturned for their occupation in Public Square.

toritto, I guess those legislators just got tired of looking at all that assembled riff-raff.

aka, they like to do things under cover of darkness, I suppose. But that's really no cover at all anymore. Which is a good thing.
Not much different that those Arab "leaders" are they? The only reason that this curfew was established was to create some legal smoke to cover the eviction of lawful protesters from public property. Since they are asking for redress of the govt. they are not holding an "event" since there are no leaders or legitimate group of leaders or membership in that group then they are in fact individuals and the individual is the the person that the constitution pertains to. The right wing controlled government is violating the civil rights of every person arrested, harassed, or intimidated by police acting on an illegal law. The law cannot be enforced by threat either. No one can be compelled to break the law by the force of an illegal law. Even in the military a soldier has the right to refuse to carry out an unlawful order.
I don't know if what you read might have been something I wrote. I said in another post to another OWS piece that the 1st Amendment says, clearly that the right of the people to peaceably assemble and petition their government for redress of their grievances shall not be abridged.

This simply means that there are no laws in the land that supercede your right to protest. In public lands especially. This would have to include any government owned lands in any way shape or form, right? After all, the government is the people, right?

There are no permits, restrictions or rules that can limit your right to petition the government for redress of grievances and there is no hours of operation you can emplace on that.

Anything done to limit your 1st Amendment right is an abridgement of that right. Therefore, not enforceable in any legal means.

Hang in there and keep insisting on your Unalienable Rights.

-r-
Thanks for the post, Jeanette.
The powers that be never seem to learn the most fundamental lesson about these things -- ignore the protests and they'll usually fade away. But alas, they inevitably over-react and create another reason for protestors to protest.

I'm getting that feeling of deja vu all over again -- this is starting to look and smell very familiar. Actually, I'm glad the authorities are behaving like thugs -- this children's crusade is long overdue. Now maybe folks will get even more pissed off at being raped and pillaged by the people elected to look after their interests. I'm also hoping this will inflame passions enough on the Left to get people out to vote in 2012, instead of sitting on their complacent asses like they did in 2010.
Great post, Jeanette. The people in power feel threatened, so they start rationalizing about public safety It isn't surprising.
Bob, thanks for that comment. Well said.

dunniteowl, thankfully the protestors have at least one government official on their side who understands this. As I updated above, night court judge Tom Nelson has refused to sign the arrest warrants, and the protestors have not been held. I expect there will be lots of legal papers filed this week. Our governor is going to come out of this looking very bad. Thanks for reading.

Hi Steve. Thanks for stopping by. These are interesting times, aren't they?

Tom, exactly. In fact, the headline in the Tennessean yesterday was "Occupy Arrests Could Backfire". Um, yeah.

Hi Paul. It is very interesting that "public safety" didn't become an issue until more than three weeks into the occupation. I think they realized that these people weren't going away, and they needed to cook up some reason to forcibly remove them. Thanks, as always, for reading.
That wonderful judge is right. They can maintain curfews on public spaces. They are setting themselves up for a huge lawsuit, frankly. I love that he's simply refusing to sign the warrants.
There was an OWS demonstration here for a couple of days last week. Only a small number of folks showed up and it was given little coverage by the local media and the cops just let them make their point and the whole thing wound down quietly. Seems a difficult lesson for some places to figure out.
Let them continue to use harsh methods and the movement will take off like wildfire.
Here is a song suggestion, needs some work but here it is.

Let’s go to New York and occupy Wall Street

Eric Cantor said the other day “those protestors are just a mob!”
I bet that smug little twerp has never lost his job.
I bet he never wondered just how he would pay the rent
Or sat there in the dark with no lights in his apartment.
He and all his kind never worked for minimum wage
He never worked on the graveyard shift treated like a slave.
He should find out what it’s like to have his car repossessed
Then maybe he could empathize with all the rest.
The rich hate the poor and despise the workin’ man
They keep ‘em down and pay ‘em the least they can.
And it’s easier for a camel to pass through the eye of a needle
Than for a rich man to go to heaven!
But God must love the poor, he made so many of ‘em
odette, that's for sure. And more good news...a federal judge has issued a restraining order, preventing any more protestors from being arrested!

Dicky, you think they would learn by now that violence just sways people over to the side of those who are being harassed and arrested. Why this is so hard to figure out, I'll never know. And thanks so much for the song! You sing the truth!
Everytime I see the police dressed in their riot gear, I fume! We allow Nazis to march and gun-toting citizens to congregate unfettered.

Thank goodness for a fair-minded judge, and thank you for this excellent report.
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