The fight over whether Occupy Nashville protestors can continue to demonstrate at Legislative Plaza has moved to court.
Monday morning, the ACLU of Tennessee filed a lawsuit challenging the new rule that requires a permit for using the space and sets 10 pm curfew. It also asked for a temporary restraining order to keep the state from enforcing the rule.
State officials have said the policy was necessary to address conditions at the demonstration, which they say included illegal activity, like public urination. Today’s filings contend the state could have dealt directly with specific criminal activity, but instead infringed on all of the demonstrators’ rights to free speech and freedom of assembly. That’s a thought echoed by protestor Kevin Vandenbrink.
“The quote was, ‘we don’t have the resources to babysit,’ but they have plenty of resources when it comes to arresting.”
Approximately 50 arrests were made early Friday and Saturday mornings. The lawsuit alleges that at those times, enforcement of the curfew was selective. It alleges some people on the Plaza were left alone because they weren’t perceived to be involved in the demonstration.
In addition to the constitutional questions, the lawsuit claims the state violated its own procedures by not giving ample notice or holding a hearing before the regulation went into effect.
The state has not made any arrests over the last two nights, but officials say the curfew is still in effect. A court hearing on the request to suspend the curfew is scheduled for 3:30 Monday afternoon. Neither the ACLU nor the state is making public comments on the case before the hearing.
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