NASHVILLE, Tenn.- Members of the Occupy Nashville movement have filed a lawsuit against Governor Bill Haslam and other several others claiming that a curfew imposed in 2011 violated their First Amendment Rights.
The lawsuit, filed in Davidson County Courts Tuesday, called the curfew an "unconstitutional denial of rights to free speech, expression and assembly as guaranteed by the First and Fourteenth Amendment."
Occupy Nashville protestors first appeared in the area near the State Capitol and War Memorial Plaza in October 2011. The group is part of the nationwide Occupy movement which seeks to decry corporate influence in government and wealth inequality. Occupy members camped out on Capitol grounds, keeping protestors at the location around the clock.
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On October 27, 2011 Governor Haslam signed a bill to begin imposing a nighttime curfew on the Capitol complex. A change in policy meant that the Capitol grounds would be closed from 10 p.m. and 6 a.m. The policy change came just hours before the 8 p.m. deadline that Occupy Nashville protesters said they were given to disband their encampment on Legislative Plaza.
In the early morning hours of October 28, 55 Occupy Nashville members were arrested by Tennessee Highway Patrol officers in violation of the curfew, including many of the plaintiffs in mentioned in the lawsuit. The charges against those arrested were when a Nashville magistrate refused to sign the warrants, saying he did not believe the administration had the authority to order the curfew. Judge Aleta Trauger later said the curfew was a "clear prior restraint on free speech rights,"
Fourteen members of Occupy Nashville filed the suit against Governor Haslam, Bill Gibbons, Commissioner of the Tennessee State Department of Safety and Homeland Security, Steven Gates, Commissioner of the Tennessee Department of General Services and Tennessee Highway Patrol Officers.
In the suit, the Occupy Members have asked for a permenent injunction against new rules banning overnight camping at the plaza, and unspecified monetary damages.
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- October 28, 2011 Occupy Arrests Questioned, Compared To History
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- November 4, 2011 Commissioner Says 'Occupy' Protesters Costly To State
- November 7, 2011 First Amendment Arguments Boost Occupy Protest
- November 8, 2011 Occupy Nashville Protesters Take Steps To Make Area Safe
- November 10, 2011 Haslam Seeks To Drop Occupy Nashville Charges
- November 14, 2011 Occupy Nashville Charges Dismissed, Records Expunged
- November 17, 2011 Federal Judge Extends Injunction On Curfew Policy
