US

Tennessee Agrees to Stop Arresting Occupy Nashville Protesters

NASHVILLE, Tenn. (AP) — Tennessee officials agreed Monday to stop enforcing a new curfew used to dislodge Occupy Nashville protesters from the grounds around the Capitol.

The protesters went to federal court seeking a temporary restraining order against Gov. Bill Haslam, arguing the curfew and arrests of dozens of supporters violated their rights to free speech and freedom of assembly.

Related: Occupy Nashville protesters arrested during crackdown but released after judge refuses to sign warrants

State Attorney General’s Office Senior Counsel Bill Marett announced at the beginning of a hearing before Judge Aleta Trauger that the state would not fight efforts to halt the policy.

The judge said she had already decided to grant the restraining order because the curfew was a “clear prior restraint on free speech rights.”

“I can’t think of a more quintessential public forum than Legislative Plaza,” Trauger said.

State troopers used the curfew put into place on Thursday to arrest 29 protesters early Friday and 26 people early Saturday.

Both times a Nashville magistrate refused to jail the protesters, saying the state didn’t have probable cause to arrest them. They were released with citations.

The Nashville protesters are part of the six-week-old Occupy movement, which began in lower Manhattan to decry corporate influence in government and wealth inequality. It has spread to cities large and small across the country and around the world.

“This is a huge victory for us because Gov. Haslam has realized the mistake that he made,” Occupy Nashville protester Steve Reiter said. “The mass arrests were totally unnecessary.”

Reiter said protesters planned to remain in the plaza “for quite a while.”

Marett said his office would meet with the plaintiffs to come to an agreement on health and safety issues. He said the state earlier on Monday returned the property it had seized during the arrests to its owners.

The suit says Haslam approved the new curfew after complaints over three misdemeanor violations around Legislative Plaza: “an assault, public urination and an apparent tryst beneath a magnolia tree.”

Shortly before the hearing, Tennessee Republican Party Chairman Chris Devaney issued a statement calling it “astonishing” that some Democrats had shown support for Occupy Nashville. While he does not mention specific legislators, Democratic Rep. Mike Stewart of Nashville on Saturday called on the governor to rescind the curfew.

Devaney’s statement reads, “Legislative Plaza is the property of all Tennesseans, not just a small group of loiterers who would’ve served their cause better by simply occupying a restroom, instead of showing utter disregard for public property.”

The two sides have until Nov. 21 to reach an agreement or go back to court for a hearing on a preliminary injunction.

Comments (89)

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  • jopmur
    Posted on October 31, 2011 at 8:23pm

    If you don’t clean mold and mildew, it spreads. TN has elected to let the mold and mildew stay. A little bleach will take care of the problem. WTG TN.

    Report Post » jopmur  
    • CatB
      Posted on October 31, 2011 at 8:49pm

      I just cancelled my trip to Nashville .. if they won’t take out the trash then will vacation elsewhere.

      Report Post »  
    • GeorgieJo
      Posted on October 31, 2011 at 8:49pm

      WELL ALBERT GORE SR has a highway dedicated to him
      AL GORE JR is flying around on G5′s and whining about “GORE-BULL” warming
      Those massages TOO HOT for ya Albie?
      AL Jr’s son is __ TOO HOT to handle?

      ROFL
      and Nashville’s MAIN business?
      PRINTING BIBLES

      Mayor of Nashville………..Round of Golf with Obummer?

      Report Post »  
    • Rocky_Top
      Posted on October 31, 2011 at 9:45pm

      I live in Chattanooga TN. Unlike Nashville we are a red city in a red state. A local radio talk show host said that even our libs are red. Example : OWS chattanooga got permits and asked where and when they should protest the feds . They said that they do not have any problems with chattanooga and do not want to create any trouble locally.

      Report Post »  
    • Itchee Dryback
      Posted on October 31, 2011 at 9:57pm

      She’s into that kind of thing
      From here bio:

      “Frustrated with teaching, she enrolled in law school at Vanderbilt University and graduated in 1976.

      While at Vanderbilt in 1973, she joined a group of women in taking over a men’s restroom to demonstrate the lack of facilities for female law students, a rarity at the school then. “

      Report Post »  
    • Skrewedretiree
      Posted on October 31, 2011 at 10:00pm

      Well, what can be expetcted from a Border State. Seems the Confederacy is dead and gone in Tennessee and the Yankee Government gets the best of it.
      Actually, seeing as you gave us Al Gore, it’s no wonder. I guess it’s better to be Politically Correct than enforce the law.

      Report Post » Skrewedretiree  
    • Hobbs57
      Posted on October 31, 2011 at 10:24pm

      Why then can’t we occupy public parks year around, or just go occupy public land stating we are protesting and exercising our free speech. Maybe we need to start occupying some of lefties favorite places that have curfews and gates on them. Why can’t they place curfews on public places ? We need to start our own occupy somewhere just to get these LIBERAL PROGRESSIVE Judges to eat there words and rulings. They are the most biased powerful people in this nation. This needs to end, the judges rulings that is. We need to start promoting our rights where we feel the lefty’s are hindering them. Just because we don’t bother to exercise our rights, doesn’t give them extra power to regulate them.

      Report Post » Hobbs57  
    • scarebear83
      Posted on October 31, 2011 at 10:36pm

      Tennessee has always been kinda on the fence about things. We were the last state to join the Confederacy and then the first ones back to the Union. Besides it ain’t just country music stars in Nashville anymore, musicians from the whole spectrum have made records there (Evanescence being the most recent that comes to mind). So I‘m sure a lot of liberal influence has made it’s way into Music City.

      Report Post » scarebear83  
    • jb.kibs
      Posted on October 31, 2011 at 11:18pm

      tennesse get the TSA off your Interstates… damn nazis.

      Report Post »  
    • Bible Quotin' Science Fearin' Conservative American
      Posted on October 31, 2011 at 11:40pm

      Man alive is the Tea Party jealous of OWS. lol.

      Sorry they are making you weekend warriors look like a joke.

      Report Post » Bible Quotin' Science Fearin' Conservative American  
    • sooner12
      Posted on October 31, 2011 at 11:42pm

      I say to the cops== “CHICKEN.”

      Report Post »  
    • The-Monk
      Posted on November 1, 2011 at 12:44am

      “Tennessee Agrees to Stop Arresting Occupy Nashville Protesters”…. and is the first State to let TSA rule it’s Interstate Highways. Poor Tennessee, the first State to have TSA stop all food deliveries to the local grocery stores. Don’t come looking for food at my house. Please visit Debbie Wasserman-Gump’s house, “Democracy is like a box of chocolates.. you never know what you are going to get”.

      Report Post » The-Monk  
    • jb.kibs
      Posted on November 1, 2011 at 12:56am

      OWS is FoS.
      http://www.youtube.com/watch?v=kxjpW2QqCBE

      most of the tents are occupied by bums.

      Report Post »  
    • The-Monk
      Posted on November 1, 2011 at 12:56am

      Why is Tennessee so valuable for terrorist to inhabit? Think about it for a minute or two…..

      Tennessee is a small State yet, has more boarders to other States than any other State in the US.
      Know how many? Seven. That’s right; Tennessee connects to 7 other States. Look at a map. If you want a place to hide and then run to another State,,, Tennessee is your State.

      Report Post » The-Monk  
    • WeDontNeedNoSteenkinBadges03
      Posted on November 1, 2011 at 5:49am

      “The judge said she had already decided to grant the restraining order because the curfew was a ‘clear prior restraint on free speech rights.‘ ’I can’t think of a more quintessential public forum than Legislative Plaza,’ Trauger said.”

      What? I am sure EVERY State has “no loitering” laws. (Public forums are for people to come, say what they have to say, then leave for home and meals.)

      The only reason those laws are NOT being enforced is because the 100 year insurrection of Progressives (communists) has deeply invaded our system of government to the point of treason. Past time to water the tree of Liberty that it may flourish once again.

      Report Post » WeDontNeedNoSteenkinBadges03  
    • V-MAN MACE
      Posted on November 1, 2011 at 10:20am

      Tennessee has TSA NAZI checkpoints on the highways all over its state.

      Tennessee

      http://www.youtube.com/watch?v=g40c6iAEHpc

      Report Post » V-MAN MACE  
  • qpwillie
    Posted on October 31, 2011 at 8:19pm

    I wish the Nashville tea party would go camp out in Centennial Park. Of course, the tea party members would be thrown out or arrested but it would expose those bustards for what they are.

    Report Post » qpwillie  
    • proliance
      Posted on October 31, 2011 at 8:56pm

      The legislature in TN is controlled by Republicans.

      Report Post » proliance  
  • Thevoice
    Posted on October 31, 2011 at 8:16pm

    This is just a theory ….and just thinking of what would happen …..So please take it as such….What would happen if someone called in a bomb threat…Like would the police have to respond and clear the area ..I mean ..in this day and age with the sick o’s out there anything can happen. Then you got to wonder how much work the police FBI CIA and all the other agencies have to do to make sure since there is a Muslim brotherhood connection , how you keep terrorists form blowing a group up in a park …You better believe behind the scenes this is costing a ton of extra money..

    Report Post » Thevoice  
  • normbal
    Posted on October 31, 2011 at 8:12pm

    I can think of a lot of laws I’d like to break. How will I know i won’t be prosecuted?

    Report Post » normbal  
    • Chet Hempstead
      Posted on November 1, 2011 at 4:14am

      You will be prosecuted if you set out to break a law. However, if someone writes a new law just to target you for doing something that was never illegal until you started doing it, a good judge will probably recognize it as a deliberate attack on your rights.

      Report Post »  
  • TH30PH1LUS
    Posted on October 31, 2011 at 8:11pm

    ATTENTION residents of the beautiful State of Tennessee: Starting immediately, the grounds immediately around the Capitol building will be declared a State shooting range, open to the general public, between the hours of 5pm and 2am. So, bring your favorite firearms, plenty of ammunition, night-sights and laser targeting devices (after sunset), and enjoy this time-honored American sport of shooting. Targets will be provided by the Occupy Wall Street protestors.

    Yours in devotion to the Constitution and Liberty,

    Gov. Bill Haslam

    Report Post » TH30PH1LUS  
    • proliance
      Posted on October 31, 2011 at 8:58pm

      Shoot a lot of people, do you?

      Report Post » proliance  
    • SkiTuna
      Posted on October 31, 2011 at 9:21pm

      What an ABSURD comment!!!

      Report Post » SkiTuna  
    • YoungConservativesRule
      Posted on October 31, 2011 at 10:26pm

      Haha nice.

      Report Post »  
    • TH30PH1LUS
      Posted on November 1, 2011 at 3:45am

      @ Youngconservativesrule: thanks for recognizing humor. Do you think you can help Proliance & Skituna figure out what satire is?

      On second thought, nevermind. The story of Sisyphus comes to mind.

      Be well.

      Report Post » TH30PH1LUS  
  • knoxfamily42
    Posted on October 31, 2011 at 8:10pm

    Now I know I’m not going to a state that will not uphold the LAW!!!..

    Report Post »  
    • Rumrunner3
      Posted on October 31, 2011 at 11:04pm

      then you will not live in the US. No state now upholds the law including the Feds.

      Report Post » Rumrunner3  
  • Founding Father2
    Posted on October 31, 2011 at 8:05pm

    That’s right, lets not arrest those that are breaking the law. What is this the Federal government enforcing the immigration laws…?

    Look at the Denver cops, calm respectful until someone attacks them and then they act and then keep cool once more. ( http://www.americanparchment.com/video/2011/oct/denver_cops_ows.html ) they only arrested the violent ones and yet now some would say don’t arrest them?

    WHAT ARE THEY SMOKING???

    Report Post »  
  • possom
    Posted on October 31, 2011 at 8:00pm

    If I go steal a new camper and get caught does that mean I can keep the camper if I tell them I belong to the ows? If you don’t enforce the law on them how can you enforce the law on everyone else?

    Report Post » possom  
  • TwoMinuteMan
    Posted on October 31, 2011 at 7:59pm

    I was under the impression that outside of business hours and regular park hours the grounds were closed to anyone and everyone. Protests are subject to those hours just as anyone who isnt protesting.

    Report Post » TwoMinuteMan  
  • Whirled Peas
    Posted on October 31, 2011 at 7:53pm

    I think they should go piss and crap in Moochelle‘s ’miracle garden‘ I’m sure it needs fertilizing since Moochelle hasn’t tended to it. She’s too busy spreading her Marxist filth all over the world on the taxpayer dime. I’ll be glad when they are both back in the Chicago ghetto they came from.

    Report Post » Whirled Peas  
  • marion
    Posted on October 31, 2011 at 7:53pm

    Time to start holding them to the law the rest of us have to follow. Permit them to death, make sure they have the proper permits for bathrooms, garbage, fire protection, roped off, then after they get themselves into a box, let them be on their own. If they wish to get violent, let them, once. Sleeping where they aren’t supposed to is called vagrancy and is a punishable offense.

    Report Post »  
  • DADA
    Posted on October 31, 2011 at 7:42pm

    I am going to camp out on the grounds of the White House. Who is with me?

    Report Post » DADA  
  • ares338
    Posted on October 31, 2011 at 7:30pm

    It seems as though these rat bassturds are running the country now! What is it with city officials? Are they scared? Right is wrong and wrong is right. Welcome to America Karl Marx, it seems you are in charge (except at my house). Insert clip and rack one into the chamber! Okay, I think I’m ready now!

    Report Post » ares338  
  • Shotgun167
    Posted on October 31, 2011 at 7:24pm

    Wait, so I can go set up camp wherever I dang well please, as long as I claim to be protesting something? Since when does normal use of a city park include a tent?

    Report Post »  
  • phillipwgirard
    Posted on October 31, 2011 at 7:20pm

    it seems [sarcasm involved here] that it is becoming the norm to be an OWSer these days, not to mention profitable. it does seem however that everyone is becoming corrupt or they have been all along and now it’s fashionable to come out of the corruption closet. whaddya think people.

    Report Post » phillipwgirard  
  • Shylow1959
    Posted on October 31, 2011 at 7:19pm

    No, I do not wish to sign up for the blaze newsletter. So stop the pop-up windows!!!!! If you don’t, I will stop coming to this page!! ( It is super annoying)

    Report Post » Shylow1959  
    • phillipwgirard
      Posted on October 31, 2011 at 7:25pm

      i signed up, i don’t receive it, don’t know why. then they ask me to sign up again. so i did, then they told me i was already signed up. go figure.

      Report Post » phillipwgirard  
    • lukerw
      Posted on October 31, 2011 at 7:38pm

      The News Letter is one email a day… and you can mark it as Spam, and never see it! Since, you are here… What’s the Beef?

      Report Post » lukerw  
  • garyM
    Posted on October 31, 2011 at 7:07pm

    The promise is made with all the authority of the Constitution: Rich or poor, U.S. citizens are entitled to equal justice. all arrested and prosecuted if they break the law and get caught!

    This is what equal justice is. Not meant to be all of the same wealth but all prosecuted for breaking laws regardless of whether the laws broken are politically expedient to the White House! This people are making a mockery of the constitution!

    Report Post »  
  • KidCharlemagne
    Posted on October 31, 2011 at 7:05pm

    They finally crossed the line:

    “Nashville Journalist Arrested, Video Indicates Cops Lied About His Charge
    Scene Reporter Captures Own Arrest on Video, Refutes State Troopers’ Charges
    Posted by Jim Ridley on Sat, Oct 29, 2011 at 9:26 PM
    http://www.nashvillescene.com/pitw/archives/2011/10/29/scene-reporter-captures-own-arrest-on-video-refutes-state-troopers-charges

    It’s a good thing this reporter had his cellphone camera recording, otherwise it would have been his word against the cops (and we all know how that usually turns out) in court.

    Looks like Music City USA is becoming Police State, USA.

    Report Post »  
  • Snowleopard {gallery of cat folks}
    Posted on October 31, 2011 at 7:02pm

    Once again a infernal progressive judge goes against the law, and does what the administration wants to achieve in the case with the protesters. Now the violence will ratchet up even further.

    Report Post » Snowleopard {gallery of cat folks}  
    • ConservativeCharlie
      Posted on October 31, 2011 at 7:09pm

      Public Opionion is rapidly turning against the Occupy Movement, we have to keep the spot light on it. We need to keep doing things like this. http://www.youtube.com/watch?v=6qFTHowBDFc

      Report Post »  
    • decendentof56
      Posted on October 31, 2011 at 7:12pm

      I cannot believe that any city or town can’t designate hours whereby demonstrators must vacate a public area. Every city has ordinances which should be enforcible.
      It would not infringe free speech if they are allowed to protest, yet leave after a certain amount of time.
      This is a judge gone wild!

      Report Post »  
    • Ortho
      Posted on October 31, 2011 at 8:55pm

      Snowleopard, i agree but I also think they should be ignored, totally by everyone. They are like 2 year olds kicking their feet. Let them wallow in their own filth and stop trying to work with them. Just totally ignore them. We will have to pay to clean up after them regardless so lets stop spending money now to try and control them. Winter is coming, they will get tired. We should all pray for rain, sleet and snow.

      Report Post » Ortho  
    • Oldphoto678
      Posted on November 1, 2011 at 7:51am

      I don‘t know which comic book you get you’re information from, but the Fact is that public support for OWS is growing. Sadly for you, the American public supports OWS two to one over the tea party.

      Report Post »  
  • Rational Man
    Posted on October 31, 2011 at 7:01pm

    They will only escalate violence by doing this. The protesters want to get arrested. Now they will have to go to more extreme measures to get busted. That will lead to more accidents and confrontations with police. Bad idea, I think……………………….

    Report Post » Rational Man  
  • lukerw
    Posted on October 31, 2011 at 7:01pm

    No Law — No Balls!

    Report Post » lukerw  
  • majorsco
    Posted on October 31, 2011 at 6:59pm

    The extreme left wing political machine in Tennesee has decided to not follow the law, enforce the law, and have given in to anarchy. These criminals, who openly do drugs, commit crimes of all sorts (the only thing not committed yet is murder) and are a threat, not only to public peace, but also public health have created through lawlessness, lawlessness that is acceptable. I guess if you want to break what ever law you want, go to Tennessee, they won‘t enforce the law and don’t care about its citizens livlihood or safety.

    Report Post »  
    • Servant Of YHVH
      Posted on October 31, 2011 at 7:06pm

      While the Tennessee government may be leftist liberals, I can see them backing off since apparently not only is soros pimping out his useful idiots out on the streets he’s also apparently pimping out the judges in his pocket to rule for the useful idiots. Whether the cops and the others wanted to keep it in place or not, it doesn’t do any good with judges like that behind the useless idiots.

      Report Post » Servant Of YHVH  
  • Living In NYC
    Posted on October 31, 2011 at 6:53pm

    Gee…I want the Post Office to stay open till midnight….so I can get whatever I want out!

    Isn’t that free speech too??

    Get a life we have hours and curfews for a reason not for some “homeless wantabees” who want to lay around on the citizen’s property. Quit using my tax dollars for your nonsense!

    Report Post » Living In NYC  
  • Dustyluv
    Posted on October 31, 2011 at 6:52pm

    I guess they got tired of cleaning crap and piss out of their cop cars after transporting the slimeballs.

    Report Post »  
  • I.Gaspar
    Posted on October 31, 2011 at 6:52pm

    Why should they be given a pass?
    If they violate the law, arrest them.
    Very simple.
    If I were a Volunteer, I would vote against everyone in office who facilitated this joke.

    Report Post »  
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