On Friday, Judge Roger Vinson denied a motion for a temporary restraining order and injunction against the City of Pensacola’s eviction of demonstrators and their tents from the lawn of City Hall. Attorney Alistair McKenzie argued that the demonstrators were denied 1st Amendment rights. The City of Pensacola, represented by Jim Messer, claimed the city has a right to regulate special events.
Prior to the eviction on November 18, The Pensacola Journal estimated that approximately 50 tents were on the premises. A small group of supporters and homeless people continue to occupy the corner of Spring Street and Government Street. While there are no tents, the protestors huddle in lawn chairs around two small space heaters. A large plastic tarp that serves as a sign also blocks the north wind on cold nights.
In his opening argument, McKenzie argued that the tents symbolized the “institutional corruption” that caused the financial, foreclosure, and homeless crises. Vinson disputed the symbolism was a form of free speech and immediately responded from the bench,”The Constitution does not give you the right to set up an encampment.”
Judge Vinson, a Ronald Reagan appointee who recently ruled the Patient Protection and Affordable Care Act (Obama Care) as unconstitutional, questioned City Attorney Jim Messer about the city’s policy of allowing the protests between the hours of 6:00 A.M. and 11:00 P.M.
Messer answered that the city relinquished part of the property at the corner of Spring Street and Government Street to the demonstrators.
Judge Vinson then asked, “You’ve given them the tiny triangle, is it 24 hours per day?” Messer answered, “As long as they want to be there. As long as they don’t erect a tent.” Messer also said there were “literally no restraints by police.”
Occupier attorney McKenzie disputed this statement in open court claiming that he personally witnessed the police threatening people with arrest if they did not disperse while on public property in the triangle and on city sidewalks.
After the hearing, McKenzie said on the courthouse steps, “The fact that I was down there on Sunday and witnessed the police threatening arrest, and I have it on video, destroys their credibility.” The videotape was not introduced as evidence during the hearing.
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The 21 dejected occupiers who had marched to the federal courthouse from City Hall held a “general assembly” upon returning to the demonstration site.
Motions were made and approved by consensus to move from the current location to the site of the original demonstration at Martin Luther King Park.
Bill Paul, a member of the assembly stated, “We probably won’t be there long because we will be arrested.” Those planning to erect tents and stay overnight were advised to write Attorney McKenzie’s phone number on their arms.