Occupy Murfreesboro attorneys file motion to dismiss citations on The Murfreesboro Post

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Occupy Murfreesboro attorneys file motion to dismiss citations

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By: MARIE KEMPH, mkemph@murfreesboropost.com

Posted: Thursday, February 9, 2012 12:00 am

Attorneys representing Occupy Murfreesboro members who were cited for camping out at Civic Plaza in December are pushing for a local judge to dismiss all 13 cases, arguing the city has violated the protesters’ free speech rights.

“The encampment was an essential part of the protesters’ freedom of expression,” said defense attorney Joan Hill, who is a lawyer for United Steelworkers International in Nashville.

Hill, who submitted a motion to the City Court clerk Jan. 27 to dismiss all of the cases, said she believes officials unfairly targeted the group when police officers issued numerous citations over a span of several weeks to the protesters camped out at Civic Plaza, which is violation of city code.

“Camping out at Civic Plaza was an essential form of free speech,” she said.

Adam Tucker, who is representing the city of Murfreesboro, said he had just received a copy of the motion to dismiss Monday and needed more time to review the filing.

“We would like to have a chance to respond to the dismissal,” Tucker said, adding no one representing the Occupy Murfreesboro protesters had informed him of the motions.

Hill said although all of the necessary guidelines were followed according to the clerk’s directions, she was unaware a city attorney would be actively involved with any of the court proceedings.

“We were not aware the city would be an advocate in these cases,” Hill said. “We acted upon what the court clerk told us.”

In response to the confusion, Murfreesboro City Judge Ewing Sellers agreed to reschedule a court hearing on the motion to dismiss for March 8 at 10 a.m.

Sellers also ruled none of the 13 protesters who were cited or officers with the Murfreesboro Police Department involved in the cases would be required to attend that particular hearing. He said further court dates would be set for the protesters if the motion to dismiss were denied.

“It is interesting that the city of Murfreesboro is placing such a priority – acknowledging the importance – on these cases involving peaceful protesters who were exercising their First Amendment rights,” said William York, an attorney who is working with Hill to defend the protesters.

Ever since Occupy Murfreesboro members set up the encampment, they have received “special treatment” and attention from local officials, York said. Most City Court procedures usually only involve police officers, he said, who act as their own prosecutors for traffic tickets and other misdemeanor citations.

According to court documents, the defense contends the cases should be dismissed because the protesters “sought to enjoy the full spectrum of their First Amendment rights under the U.S. Constitution and the rights to assemble and speak without governmental reprisal,” guaranteed under the Tennessee Constitution.

In addition, Hill said the protesters’ rights of due process were violated and citations were issued based on a vaguely defined city code that could easily be used to tamp down political speech deemed unpopular.

However, according to a city ordinance passed in September 2001, it is illegal to camp out and store personal property on public sidewalks, in city parking garages, city parking lots, at city parks, as well as at Civic Plaza.

“They have the right to protest and demonstrate, but there is a compelling state interest in keeping the city safe and clean,” said Larry Burriss, a journalism professor who specializes in First Amendment issues in the College of Mass Communication at Middle Tennessee State University.

He said a city is legally allowed to ban all encampments, as long as no party such as Occupy Murfreesboro is singled out because of the content of its message.

“If the city has allowed encampments for other purposes, then there is an even more compelling argument in favor of the protesters’ free speech,” he said. “It’s hard to say how a judge will rule on those issues. … How much of a problem is the Occupy protest causing? What is it costing the city of Murfreesboro? Is it costing more than the compelling issue of free speech?”

Ultimately, the courts must decide how best to balance the rights of protesters and the level of disruption caused to cities and other residents, he said.

“The higher courts are really reluctant to clamp down on free speech,” Burriss said. “The state will have to show that the disruption is greater than the protesters’ free speech rights.”

Regardless of what Sellers may decide, Hill said, the Occupy Murfreesboro protesters remain committed to the nationwide movement.

“They remain actively involved in economic reform, social justice issues and other political activities,” she said, “and they plan to continue working toward their goals.”

Tagged under Adam Tucker, City, Civic Plaza, Court, Ewing Sellers, Joan Hill, MPD, MTSU, Murfreesboro, Occupy Murfreesboro, Politics

Member Opinions:

By: Togo on 2/9/12
Brilliant attorney (Hill) for Occupy group. Law says "it is illegal to camp out and store personal property on public sidewalks...as well as at Civic Plaza." And so what does she say, in public? "The *encampment* was an essential part of the protesters’ freedom of expression..."

Brilliant!

By: ail2b_mtsu_s12 on 2/9/12
I personally believe everyone has the right to exercise their freedom of speech. If you feel passionate enough about something then you should definitely take action and try to make your voice heard. These people really had some courage and that's admirable. Not many people would have to courage to try and be heard and stand up to any system. So to those that do have the courageousness I applaud for taking time and standing up and representing for the rest of those quiet voices. The only thing i don't admire is the fact that they had to take over a public space in town to do it. Instead of a protest or camping out they could easily make a petition or even a letter to express themselves. These actions definitely get attention from the public, but now there are legal actions being taken and it shouldn't have to be taken to that extreme. Voice your opinion you have the right to, but just be respectful of others as well. Murfreesboro has been a very quiet and peaceful town and it would be sad to see it become tainted. We should be respectful of each other and know where the boundaries stand.

By: momx5 on 2/13/12
Let this group slide and get ready for lots more "neccessary encampments". Nobody is trampling on their Free-Speech. But they were trampling on public law and property. Citations should stand.