UPDATE
At about 3am this morning, 100 Tennessee Highway Patrol, with dogs, arrested 30 people at Legislative Plaza and put them on buses.
UPDATE #2 Local TV news is reporting that a Judge
is "dropping the charges" against the arrestees.
UPDATE #3
Judge orders release of protesters for lack of probable cause.
UPDATE #4 .. from the Occupy Nashville facebook page ..
At 3AM on Friday, Tennessee State Troopers arrested 29 protesters from Occupy Nashville at Legislative PLaza. The Tennessean reported that they were released early this morning, but as of 8 AM they were still being held. They will be charged with criminal trespass.
The Occupy Nashville General Assembly will meet on the steps of Legislative Plaza this evening, Friday October 28 at 7PM. If you oppose the actions of the state in prohibiting free political speech at Legislative Plaza, please attend this meeting and show your support. If you are concerned about possible arrest, the sidewalks on the street in front of the steps are under city jurisdiction and not state jurisdiction and should be a safe zone. It is the usual practice of authorities to issue a warning to vacate an area before instigating an arrest.
Occupy Nashville also adopted the following response to the State’s Ground Use Policy created and adopted yesterday for this public space:
We, the free people of Tennessee do hereby declare our intent to protect our right to assembly guaranteed in the constitutions of The United States and the State of Tennessee. Legislative Plaza, being a publicly owned space, and directly associated with the people’s legislature, is an appropriate and legal place to assemble for the purpose of petitioning and applying for a redress of grievances.
The policy regarding our presence on Legislative PLaza recently announced by the Department of General Services is in direct violation of our Constitutional Rights. We intend to resist this illegal action by the state in a peaceful and dignified manner.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
- 1st Amendment United States Constitution
§ 23. Right of assembly; redress of grievances
That the citizens have a right, in a peaceable manner, to assemble together for their common good, to instruct their representatives, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by address or remonstrance
Article 1 Tennessee State Constitution
From the Occupy Nashville website ....
Thursday, October 27, 2011 after dark at Legislative Plaza, there will be a candlelight vigil in honor of critically injured Veteran, Scott Olsen, and the men and women who have suffered and died to keep America a free country. The citizens participating in the peaceful Occupy Nashville are asserting their rights to be present on public property that they have paid for with their taxes and in conjunction with the First Amendment of the Bill of Rights as amended to the Constitution of the United States of America.
Occupation citizens had two meetings with state employees who didn’t seem to understand the rights of citizens to gather peaceably and petition the government for redress of wrongs. The state employees and a representative from Homeland Security decided to arbitrarily eject the petitioners and require further payment to the state for their free speech. They also decided to deny all citizens access to Legislative Plaza from 10:00 p.m. to 6:00 a.m. Those participating in Occupy Nashville, in solidarity with Occupy Wall Street, agreed that they would stand up for their rights to remain on the Plaza
Here's the Livestream, complete with the irritating ads ...
I'm wishing the occupiers the very best on this cold and rainy night in Nashville.
# Per the livestream, there are a "little over three hundred" people in the Plaza tonight.
## BTW, the "eviction" is based on some new rules that they made up today ....
The following has been issued by the Department of General Services
LEGISLATIVE PLAZA, WAR MEMORIAL COURTYARD AND CAPITOL GROUNDS USE POLICY
Department of General Services
Effective immediately and until further notice, all assemblies and gatherings of persons on the State of Tennessee Legislative Plaza, War Memorial Courtyard and Capitol grounds areas in Nashville, Tennessee shall require a use permit from the Tennessee Department of General Services. Use of any portion of the Capitol grounds also requires the approval of the Tennessee Capitol Commission.
The Department of General Services may issue permits upon proper application and satisfaction of use fees, security and liability insurance requirements for use of the Legislative Plaza, War Memorial Courtyard and Capitol grounds between the hours of 9:00 a.m. and 4:00 p.m.
Special use permits for the Legislative Plaza, War Memorial Courtyard and Capitol grounds during hours outside of the 9:00 a.m. to 4:00 p.m. period may be approved at the discretion of the Department on a case by case basis.
Notwithstanding the above, the Legislative Plaza, War Memorial Courtyard and Capitol grounds areas are closed to the public from 10:00 p.m. until 6:00 a.m. daily and no person shall enter upon those premises during this curfew period without specific authorization by the State of Tennessee. In no event shall overnight occupancy of the Legislative Plaza, War Memorial Courtyard or Capitol grounds areas be permitted by any group or individual.
The foregoing policy is issued under the authority of T. C. A. § 4-8-101 and in the interest of protecting the health, safety and welfare of the public. Issued this 27th day of October, 2011 by the Tennessee Department of General Services
### regarding the spectre of Homeland Security, here's what was posted on the Occupy Nashville website earlier today ....
At 9 am this morning, the office of the General Council of the Department of General Services called an attorney from the Occupy Nashville legal team into a meeting. The commissioner of General Services, the head of Capitol security and a representative from Homeland Security were present, among others.
Steven Cates, the commissioner of General Services, asked our attorney if Occupy Nashville was still concerned about security on the plaza. Our attorney responded that Occupy Nashville was indeed still concerned about the safety of protesters on Legislative Plaza.
Mr. Cates then informed our attorney that in response to the safety concerns of Occupy Nashville, the state had decided to evict Occupy Nashville from Legislative Plaza. He said that the state is unable to protect Occupy Nashville unless they were removed from the plaza. He also informed our attorney that the state will allow Occupy Nashville to return to the plaza from 9am through 4pm and will issue permits accordingly.
Mr. Cates also informed our attorney that the state will post a notice on Legislative Plaza stating the new curfew and permit requirements that will go into effect today, and that the state has not yet made a decision on their plan of action towards the Occupy Nashville movement if they refuse to leave the plaza after 8pm. After informing our attorney of the state’s indecision regarding the removal of Occupy Nashville, Mr. Cates abruptly ended the meeting.
As of 1:30pm, the state has not delivered any written notice or instructions to the Occupy Nashville movement concerning curfew, permits, or eviction. Eviction is currently pending and may occur any time after 8pm tonight
#### GoldnI has just put up a great diary that explores the capricious legal issues with what the state has done today.
From GoldnI's diary ....
In the meantime, call Tennessee officials and tell them to stop trampling on Occupy Nashville's constitutional rights:
Governor Bill Haslam: 615-741-2001, bill.haslam@tn.gov
Steve Cates, Department of General Services: 615-741-2081, steve.cates@tn.gov
Dalya Qualls, Tennessee Highway Patrol: 615-251-5131
