worries Occupy Nashville protesters Change in rules

 
The state of Tennessee is rewriting the rules in an effort to oust Occupy Nashville protesters from Legislative Plaza.
Three weeks into the protest that has drawn scores of protesters — and even more homeless — to the plaza, state officials announced this week that they were imposing a curfew and a daily permit fee for any groups who want to gather in the space.
The state backed off an original demand that the protesters disperse by 8 p.m. Thursday, but officials posted signs warning people against staying overnight and said they expect the group to begin following their permit requirements today. Occupy Nashville members say they’re ready to hold their ground and risk arrest.
In the ensuing stalemate, new supporters have rallied to the Occupy Nashville cause, saying the issue has now become a question of whether Tennesseans have the constitutional right to peaceably assemble.“If you don’t hear from me, call the city jail,” 71-year-old Rip Patton told his friends. A veteran of the civil rights struggle, Patton was one of the students who braved arrest and worse to desegregate Nashville’s lunch counters and to bring voting rights to blacks in the Deep South as one of the Freedom Riders.
Hundreds turned out on a cold, rainy evening for an assembly and candlelight vigil Thursday, not knowing when or if the state would send in officers to arrest anyone on the plaza. There were families with children, senior citizens, newcomers and the activists who have been occupying the plaza since Oct. 7.
In the end, the group formed a consensus: “We intend to resist this illegal action by the state in a peaceful and nonviolent manner.”
“We agreed we are going to be here and practice our constitutional rights and continue to do that until change happens or we are forceably evicted from this space,” Katy Savage, one of the protesters, said.
The situation at Legislative Plaza is being monitored closely by the American Civil Liberties Union of Tennessee, legal director Tricia Herzfeld said. Nashville attorney Allen Woods said Thursday that he was already drafting a lawsuit and lining up plaintiffs and said he will be ready to request an injunction and restraining order if authorities begin forcing protesters off the site.
The state curfew bans anybody from being on the plaza from 10 p.m. to 6 a.m. Protests would be allowed by permit between 9 a.m. and 4 p.m. Those permits would cost $65 a day and groups would also be required to buy $1 million in liability insurance coverage.
Ken Paulson, president and CEO of the First Amendment Center in Nashville, said that while government can in some circumstances limit the First Amendment’s guarantee to “the right of the people peaceably to assemble,” Tennessee’s approach raises serious constitutional concerns.
“The government cannot limit our right to speak out and assemble, except the government has the right to establish rules involving health and public safety when those rules are applied equally to all parties and do not target any specific viewpoint,” Paulson said. “You have a right to assemble on public property. It doesn’t mean you have a right to camp out indefinitely.”
But, while courts have upheld curfews and permit requirements at parks and other public spaces, constitutional scholars said creating new rules in the middle of a protest is problematic.
Spokeswoman Lola Potter said the state has always requested permits for special events on Legislative Plaza, like weddings and book festivals, but is now requiring them in response to the three-week-long Occupy Nashville protests.
“When you do it while a protest is occurring and it appears you’re doing it to bar that protest, constitutional questions are raised,” Paulson said.
Herzfeld said the courts are especially hesitant to uphold restrictions on assemblies at traditional public forums like Legislative Plaza.
“It’s been used for things like protests for as long as anybody can remember,” she said. “You would have to be especially cautious when looking at that space.”
Patton said the principles at stake in the state’s crackdown on Occupy Nashville, happening so close to the violent police tactics used on Occupy Oakland, have energized him.
“The juices just started flowing,” he said with a smile. “All right, it’s just like 1960 again. Amen.”

Safety is concern

State officials maintain that the protest has become a safety hazard.
“Criminal activity and deteriorating sanitary conditions over the past several days on Legislative Plaza have created an environment that is unsafe for the protesters, state employees and everyone who works, lives and enjoys downtown,” Potter said. “I think we have a responsibility to maintain safety and security. It’s part of the Capitol.”
Occupy Nashville counters that the state created the safety problems by not patrolling the plaza. Without a law enforcement presence, they said, the occupiers were quickly overwhelmed by homeless, drawn to the free food and shelter the movement offered.
The fights and disorderly behavior that drew complaints from passersby, they said, weren’t being caused by members of Occupy Nashville.
A spokeswoman said the Tennessee Highway Patrol, which is responsible for security on the plaza, has not made any arrests since the occupation began. Metro police have arrested two men on felony drug charges for selling marijuana to undercover officers.
Woods, the attorney, said the state’s new regulations are overly broad as a response to safety and sanitation concerns.
“If people are breaking the law, arrest them,” he said. “It’s like they’re using a shotgun to try and kill a fly. … They’re clearly targeting a certain message and a certain group.”
Edward Smith is homeless and an active member of Occupy Nashville. If members get arrested, it will be Smith’s job to start calling relatives to bail them out. He worries about the effect of the state’s action, not just on the protesters, but on the homeless who were sleeping in the plaza long before Occupation Nashville arrived.
“I never been part of nothing in my life before this,” Smith said, turning to join in a cheer ringing around the plaza. “Whose plaza? Our plaza!”
Potter described the permit process as “very routine,” and said applications to the Division of Property Services “can be processed in a matter of minutes once you show proof of liability insurance.”
Organizers of the 2009 tea party rallies on Legislative Plaza said they obtained permits and insurance coverage for each of those events.
“There’s a little bit of a double standard,” said Judson Phillips, founder of Tea Party Nation. “One of the things that has surprised me is the fact that they have been up there three weeks without a permit.”
Potter said most events on the plaza are typically planned at least weeks in advance. On Saturday, for example, the Tennessee Performing Arts Center’s Fest de Ville Gala will be held at the War Memorial courtyard and plaza. Tim McGraw is receiving an award at the event.

Few venues

Occupy Nashville has few other options for other protest spots in town. Demonstrations in a Metro park like Public Square in front of the courthouse requires a permit. Metro Parks and Recreation also requires liability insurance of at least $1 million from any group that brings tents or other “elements added to Park Facilities,” according to the permit form.
Potter said the state opted not to try to evict Occupy Nashville on Thursday in an effort to give the group more time to leave on its own.
“We can’t expect them to get a permit today because we just announced the policy today (Thursday),” Potter said. “We are asking them to have a permit for (Friday).”
She declined to say, however, what would happen if the protesters refuse to leave. Crackdowns in other cities have led to mass arrests — and in the case of Oakland, violence that left an Iraq War veteran critically injured by a stun grenade fired into the crowd.