There were arrests in downtown Nashville on Friday and Saturday night. It was kinda bogus, as Gov. Haslam (heir to the Pilot Truck Stop fortune) magically produced some New Rules as a pretense to the arrests/evictions. Rules to which everyone but Occupy Nashville have been granted waivers. These signs appeared, almost instantaneously, around the demonstrators' encampment at Legislative Plaza across from the State Capitol in downtown Nashville.
Occupy Nashville made some companion signs, and put them up. But the authorities took them down. The demonstrators keep replacing them, and the authorities keep taking them down.
Apparently, they can't bear to acknowledge the State Constitution, that thing they all took an oath to defend. So they keep tossing it out.
As previously posted by jnhobbs, the night court Magistrate Thomas Nelson refused to arraign the protesters.
And for a second time, a Nashville night judge dismissed the protesters' arrest warrants.
Early Saturday morning, Magistrate Tom Nelson told troopers delivering the protesters to jail that he could "find no authority anywhere for anyone to authorize a curfew anywhere on Legislative Plaza."
Nice to know there's someone on the bench who honors the Constitution. The Republican Governor, formerly president of Pilot truck stops (a family company) is one of those born on third and thinks he hit a triple kinda guys. One could argue that his personal sense of entitlement makes him think he can do whatever he wants.
Meanwhile, a reporter got arrested on Thursday night.
Ferrell said there were two Scene reporters and a photographer at Legislative Plaza, and Meador identified himself as media when a trooper took custody of him. A colleague confirmed Meador was a reporter and was also threatened with arrest.
That reporter managed to film his own arrest.
According to Tennessee state law, hearings and other procedures are required for New Rules except in a emergency. Certain other procedures can supplant hearings, but require public notice and means for public response obviously not employed in this instance.
4-5-208. Emergency rules.
(a) An agency may, upon stating its reasons in writing for making such findings, proceed without prior notice or hearing to adopt an emergency rule, if the agency finds that:
(1) An immediate danger to the public health, safety or welfare exists, and the nature of this danger is such that the use of any other form of rulemaking authorized by this chapter would not adequately protect the public
Even then, emergency rules require signoff by the state's Attorney General, something the Governor neglected to obtain for his emergency curfew. Hard to argue that there was a sudden acute emergency when the protesters had already been in place, camping on the plaza, for three weeks. Or, as Judge Nelson said:
"I have reviewed the regulations of the state of Tennessee, and I can find no authority anywhere for anyone to authorize a curfew anywhere on Legislative Plaza," Judge Nelson told a grimacing trooper, before ordering the immediate release of everyone arrested.
Some 30 additional protesters greeted those released with cheers and chants of "This is how democracy works!" They were last seen at 4 a.m. marching victoriously up Deaderick Street — back to Legislative Plaza.
After those two nights of arrest, Hobbs & I headed down to Legislative Plaza on Saturday afternoon for a scheduled General Assembly. It was Hobb's biggest outing since hip replacement commenced in mid-August. Turns out an old friend of his, retired comfortably from the music industry, is deeply involved.
He said that they brought in state troopers from across the state to conduct Friday's two series of arrests. A total waste of resources he said. They could have sent one retired 80-year-old sheriff with a van, and those who'd opted for arrest would have lined up to get on the van in a quiet, orderly fashion.
A young lady called Autumn (standing next to the flag, below, with a yellow neckerchief), who was arrested both nights, took to the Soap Box. She said (paraphrased): I got arrested. Twice. It was beautiful.
There were breakout meetings for task forces on various topics.
In this picture, you can see a table between the pillars on the upper right. Turns out it was a big gala charity event for TPAC (Tennessee Performing Arts Center), headlined by Tim McGraw.
The Tennessean:
Authorities have allowed attendees of performances at the Tennessee Performing Arts Center to cross the plaza after 10 p.m. On Saturday afternoon, preparations for the gala and the adjoining courtyard in front of War Memorial Auditorium also went ahead as planned, even though that area is also restricted.
The Department of General Services says it can grant groups permission to break the curfew.
Most of the signs got confiscated in the two nights of arrests, so there weren't as many around on Saturday.
Turns out that pretty much anyone who isn't with Occupy Nashville gets a waiver:
According to Jennifer Donnals, the communications director for the Department of Safety, The Department of General Services gave authorization for TPAC patrons to cross the plaza while exiting the theater Friday night. The Department of Safety and Homeland Security was made aware of that authorization.
The General Assembly decided to stay on the Plaza again last night.
Occupy Nashville maintained a cold vigil throughout the night at Legislative Plaza, and state troopers never arrived to enforce the governor’s curfew. At 6 o’clock as the curfew lifted, a cheer went up and protesters declared victory—at least for one day—in their free-speech fight with the state.
...
Organizers said there were 75 protesters, including a 14-year-old boy, prepared to be taken into custody in acts of civil disobedience Saturday night—more than double the usual number in the first two nights of arrests. In a new tactic, six demonstrators chained themselves to a flagpole to await the troopers who never came. They carried little pictures of Gandhi.
Perhaps they didn't want the patrons of the arts to witness an arrest. Or maybe they decided not to go for a third round of slapdown at Night Court:
The night took on a surreal air as the Tennessee Performing Arts Center held a gala, black-tie fundraiser on the portico of the War Memorial building overlooking the protesters. A peppy band on the portico played the Adam’s Family theme song, and patrons of the arts walked across the Plaza on their way home after the 10 o’clock curfew as if all was normal, ignoring Occupy Nashville and refusing to talk to reporters. Later, Wicked ended at TPAC, and that crowd also crossed the Plaza. State officials have said that, unlike Occupy Nashville, theater-goers have special dispensation to break the curfew.
Nashville Scene (whose reporter got arrested Friday night):
What’s also happening at the Plaza stands as incontrovertible proof that God loves irony. In full view of the rag-tag protesters, a who’s who of Nashville fat cats will gather tonight for the Tennessee Performing Arts Center’s gala $450-a-plate fundraiser, which this year honors country crooner Tim McGraw as well as big-time Republican money man Ted Welch.
Up the Plaza steps in the portico of the War Memorial building, volunteers are busily setting up tables in preparation for the silent auction that kicks off the black-tie affair, which also features cocktails, tasty hors d'oeuvres and a ballet performance. Organizers tell Pith the gala will run late into the evening, meaning all these well-dressed patrons of the arts will violate the state’s new 10 p.m.-to-6 a.m. curfew just like Occupy Nashville. But not to worry.
“We’ve rented this space. So it’s ours. We paid for it,” fundraiser co-chair Patsy Weigel explains to Pith.
Despite the avowed intention to have a leaderless movement, leaders and spokesmen are emerging. You might recall the guy on the left from his appearance on Countdown with Keith Olbermann on Friday night.
That teacher, Adam Knight, is the son of a steelworker, member of the USW, who are taking increasing notice of the demonstrators.
Now, the union stands ready to throw its support to the group — financial, logistical, and even help with security on the plaza if necessary. “I really like the spirit of these people,” said Larry Odum, president of USW Local 1055. “Obviously, they’re in this area to protest corporate greed, and we support that.”
And the Governor's heavy-handedness isn't winning him many friends. It might be difficult for him to get his curfew passed by his Republican-majority state legislature:
A decade earlier, activists did not get permits for their demonstrations against a proposed state income tax, said Bill Hobbs, a media relations consultant, journalist and former Republican spokesman. “Some of those protests went late into the night because the legislature went late into the night,” Hobbs said. “My conservative friends and I would have been appalled if state troopers had rounded us up and hauled us down to the jail, so that the legislature could vote an income tax in without us being there to see it and protest it.”
Although, predictably enough:
The chairman of the Tennessee Republican Party praised Republican Gov. Bill Haslam’s administration and the Tennessee Highway Patrol this afternoon for the overnight arrests of some of the Occupy Nashville protesters.
And new allies are taking notice and stepping forward. One of the breakout work groups focused on formalizing and strengthening union support, with representatives of several unions in attendance.
Occupy Nashville is still going strong.
The kids are all right.