Saturday, October 29, 2011
Night Court Magistrate Throws the Book at Haslam, Troopers Over Occupy Nashville Arrests
Posted by Jim Ridley on Sat, Oct 29, 2011 at 4:47 AM
"It's not every day you get to see a night court magistrate smack down the governor of Tennessee," a legal observer said outside the Metro Courthouse at 2:30 a.m. today, as fog shrouded downtown in mist.
Yet that's what happened in the early morning hours, as Metro Night Court Judge Tom Nelson told the troopers who arrested 25 peaceful Occupy Nashville protesters at midnight on Legislative Plaza — along with Scene reporter Jonathan Meador, who was attempting to get off the plaza when he was cuffed and hauled off — that the curfew being enforced at the Capitol had no constitutional grounds whatsoever.
"I have reviewed the regulations of the state of Tennessee, and I can find no authority anywhere for anyone to authorize a curfew anywhere on Legislative Plaza," Judge Nelson told a grimacing trooper, before ordering the immediate release of everyone arrested.
Some 30 additional protesters greeted those released with cheers and chants of "This is how democracy works!" They were last seen at 4 a.m. marching victoriously up Deaderick Street — back to Legislative Plaza.
Meador, meanwhile, greeted news of his imminent release with a tweet from custody: "Can I go home now?" His request of a ride home from Gov. Haslam for the inconvenience was met with silence.
Comments (44)
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Jonathan Meador's tweet from his "contraband" phone almost got him (and others) beat up in jail by Davidson County Sheriff deputies. The police were really pissed they did all that hard work for nothing. Thank you Judge Nelson for executing the 1st Amendment.
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The reporting by all is appreciated. I don't know how all this will play out. While I see a problem with the newly imposed permit fees and other requirements, I take a detached view of these events and reserve final judgment on how the situation should be handled, not having personal observation or all the relevant facts.
Access to public property is curtailed all the time. It's called "open" and "closed."
Granted, some of this state action may not have been handled as wisely as it could have been.
I do know this: On public property, we citizens (I can't speak for the noncitizens; our country entertains a double standard now) can't do absolutely anything we want any time we want. As I wrote earlier, the interests, well-being, and investment of the many, the whole, trump the desires and rights or apparent rights of the individual or subset group, always, and must be guarded by those we elect to represent us.
In public activity for assorted social-political causes, I've had to abide by laws, edicts, executive orders, and directions from law enforcement officers. Sometimes I didn't see the harm in just being left alone to do what we were doing.
Along with a number of my contemporaries in the late Sixties and early Seventies, I was forcibly removed from public property during peaceful demonstrations against the Vietnam War. In those instances, we forced our removal and/or arrests by "occupying." We expected police action for civilly disobeying. The police action served a purpose, and we didn't necessarily resent it or think it was wrong.
More recently and frustratingly, I've stood on public property while holding signs or trying to gather signatures for petitions and have been told in no uncertain terms to leave or to go to another piece of public property, or risk arrest. Although we weren't interfering with anyone else's rights, safety, or use of the property at the time, the long arm of the law was pre-emptive. I have to say we count on such pre-emption and benefit from it more than we know.
There is a way to resolve this current situation in everyone's favor. I hope our state will find that resolution.
Good work, Jim (and Jonathan). God I miss daily journalism at a moment like this....
All three houses are controlled by Republicans and most of those Republicans have bought into the TEA Party mantra. Occupy Nashville needs to stay free of any political leanings.
2009-2010 we saw the TEA PARTY and Steve Gill take over the hill and clogg up traffic for hours with cars circling the capital and honking ,nothing was ever done ,noone was arrested.
Kudos to the occupiers and their media team. Watched the whole event on their livestream. (Yes I should be out there but live on the Highland Rim with childcare responsibilities.)
Thanks for standing up, sitting down and speaking out.
Good new for America and the First Amendment, which have not yet been negated by right-wing authoritarians.
A liberal night commissioner rules the state isn't allowed to control
the state's property or even allow restrictions. Gaylord controls the
parking on a public street in front of the Wild Horse and the traffic
courts upholds their actions, what a system! Was Jonathan really
attempting to leave or was that a pre-planned defense if arrested?
No, Jonathan was not "planning" to get arrested. He was planning, like every other reporter on the scene, to do his job and then go home to a warm bed, not to be detained in freezing temperatures, locked up and treated like a criminal.
But I was waiting for some craven anonymous twit to ask that. Thank you.
A rather minute but kinda funny detail I haven’t seen in media reports. The curfew started at 10 pm. A TPAC performance wrapped about the same time and numerous patrons of the arts crossed the plaza on their way back to their vehicles. As best as I can tell none were arrested. Little known statute: parking immunity.
Bravo, Judge Nelson. You will, of course, now be targeted by the Tea Party types - Haslam's base. I salute your bravery, sir.
IMO, you did the right thing.
Keep the faith.
Loner
These OWS sorts ARE housing criminals. Look no further than the pimping of a 16-yo girl at Occupy Philadelphia, and the passing around of a 14-yo at Occupy Dallas. And in Madison, their Occupy permit was rescinded for complaints of public masturbation.
And the twit who said these OWS sorts were 'apolitical'? Seriously? These morons are ALL dirty socialists, neo-Marxists and ACORN (Obama)-influenced 'community organized' griefers.
Over 2000 arrested to date, compared to ZERO TEA Partiers arrested for their public displays.
This 'Judge' is a Democratic hack, obviously.
@Pinko: Meador's previous post made it sound like he was going to try to be arrested. Anyway, eventually, the issue for eviction will probably boil down to the erection of tents on public property thus interfering with public access. In other words, no erections, temporary or permanent, allowed on public property without a permit and subject to curfew.
You know, this has all been amazing to watch. Bill Hobbs and Mike Hollihan have joined their left-of-center brethren to support Occupy Nashville, and Donna has provided insight as to why the Governor's actions may be right, even if I don't necessarily agree with them.
Then I see serr8d, and find that his idiotic ramblings have not changed one iota. He lies, repeats Fox News memes, and continues to prove himself to be either a fool or a moron. Keep up the bad work.
"Over 2000 arrested to date, compared to ZERO TEA Partiers arrested for their public displays." -serr8d
Pretty much sums it up. Who controls the police?
We Are Many.
We Are Everywhere.
We aren't going away.
I stand corrected on the theatre issue.
http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2011/10/29/national/a000355D15.DTL
"There was no noticeable law enforcement presence for nearly two hours after the curfew went into effect, while adjacent theaters let out and patrons filtered back through the plaza to their cars without being challenged for violating the restrictions.
“Nothing was done to them, they were not arrested,” said protester Michael Custer, 46. “But we are arrested while we are expressing our constitutional right to free speech.”
Once the theater traffic cleared, dozens of state troopers descended on the plaza and began arresting protesters and a journalist for the Nashville Scene, an alternative weekly newspaper."
Emmett:
That's a dumb thing to say. He seems like a real judge with a real understanding of habeas corpus. Guess what else? Sometimes judges get on the news! Often comes with the territory, so I hear.
This movement reminds me of the Civil Rights Movement. They,, the protected elite, don't want change, so they will use water cannons, violence, curfew and violate basic human and constitutional rights through brutality until it gets too big, and then glorify it as the right of American citizens had to defend their right to dignity.
Either you believe in the First Amendment or you don't. It's that simple.
And yes, the state has the right to regulate public spaces but not if it's solely for the purpose of stifling expression. Passing ad hoc rules and regulations in order to kick out people trying to make a statement breaks the First Amendment, period. I think most judges, conservative, liberal, would view it that way too.
Oh--and by the way--the First Amendment that people like Meador and the OWS crowd are fortifying is the same First Amendment that allows people to make anonymous comments on a blog ripping a democratically elected president. You guys owe all of them a favor.
We have watched Lybia, Egypt, Iran, Syria, Greece protesting their treatment,and we say,"Good for them"-then we see what their government does to them for doing it, then we say,"What a shame, they should have the right ". We have the right, but if you remember the 60's, it's only on paper and in disappearing ink. The 1st amendment is a myth.
The story said the trooper was "grimacing" when he was trying to get the warrant's signed. I saw him smiling the whole time prior to and after he was speaking to the judge. But he did have a poker face while doing his thing. But I guess the writer's description makes for a more colorful description of events.
@Emmett: you don't get to call a judge "faux" just because you don't agree with him. Are you a judge? I didn't think so - so button up your yap.
Serr8d- Please provide some links to the arrests and incidences you cited in your post. I've been watching this pretty closely and all that is news to me. I think you listen to too much Glenn Beck and Sean Hannity...they make shit up and you spout it out, is my educated guess. So, come on, put your money where your mouth is, show us the proof.
Serr8d, or "8utterknife," as I affectionately address him, IS, IN FACT, a TROLL. End of story. Case closed. Period. Finissimo.
I'm not an Occupy supporter. I am, however, a supporter of political protest. In 2001, I was one of the ones circling Legislative Plaza, proudly honking my horn in protest over the proposed state income tax. I was there for the so-called "riot" where a brick broke a window (funny how most of the glass fell outside that window!) and pre-Tea Party, anti-tax conservatives had a stand off against troopers with riot gear & very, very large guns (held by the troopers, not the protesters!). I can tell you first hand that the troopers didn't like us much at all either. The folks in charge of law & order on Capitol Hill don't seem to like anyone up there making waves. A few days later, I was escorted out of the building when I was peacefully & quietly holding an anti-tax sign in the hallway, while 6 months pregnant with twins. Not too threatening. I also had an arrogant State Senator tell me that he knew how to educate my unborn children better than I did. Just because they hold political office -- on either side of the aisle -- they frequently fall into the trap of thinking they know better than we do. They forget they're our representatives, not our parents.
I was sickened to hear of this new law curtailing free speech. I was especially sickened how they quickly passed it and started enforcing it without hardly any warning. I really hate the provision in the law, from what I heard on the news, that protesters have to hire security. At least two of the protests I've attended (anti-state income tax and anti-death penalty), would not have been able to do that because they were unfunded and organized at the last minute. Only well-funded (not grass roots) protests will be able to do this. I don't agree with the Occupy movement's positions on economics, but I certainly agree with their right to protest... especially on Legislative Plaza.
I wish these Occupiers had shown up when Bredeson was giving corporate welfare out in 55 gallon bbls. as the people who needred welfare were receiving it in teaspoon size doses.
For success the Occupiers need to focus on something.
I don't understand the police acting ugly toward non violent protestors,...don't they know they are members of the so-called 99% group too. We have all been "taken advantage of" by the bankers, Wall Street, and our elected officials, all of whom seem to favor all the members of these three groups. Our lawmakers write laws that favor the banks and broker companies, with no consideration for the general public. They do this because they get much of their campaign funds, and other perks, from these groups.
COME ON COPS, lighten up,
Occupy Nashville is now getting world media attention as a primary locale for the testing of US sincerity over First Amendment rights. As a Nashvillian, I'm not willing to see Nashville or Tennessee portrayed as a Yahoo State where we let our rights get ignored.
I think it could easily be proved that all these brand spankin new fees are designed to limit freedom of speech and can be struck!
Hello Nashville
We are each Occupation across the country; gathered, recognizing the corporate tyranny that grips this Nation. We gather, as is our right, set forth in the First Amendment to the Constitution; we are peaceably assembled to petition our Federal Government for redress of grievances suffered.
There is no measure to quantify the longevity of which tyranny is capable, therefore to place such limit on our, on a citizens right of peaceful assembly while tyranny continues cannot be justified.
We citizens of these United States have a constitutional right to continue in our assembly, pointing a persistent finger at tyranny while that tyranny continues, and to continue in our petition until that tyranny is ended; our grievances answered.
To oppose, to circumscribe us in this right, as when it is said, “You have made your point” (implied-now go home), to command this while this nation continues to bleed at tyrannies hand would be tyranny of the basest sort!
Cities suffer out of the same reality that confronts individual citizens, your support and accommodation of OLA is a win-win, please continue in your reasoned approach to OLA.
99%er
Participant
Occupy Orange County/Occupy Irvine
I want to repeat MEP's comment:
Either you believe in the First Amendment or you don't. It's that simple.
And yes, the state has the right to regulate public spaces but not if it's solely for the purpose of stifling expression. Passing ad hoc rules and regulations in order to kick out people trying to make a statement breaks the First Amendment, period. I think most judges, conservative, liberal, would view it that way too.
Oh--and by the way--the First Amendment that people like Meador and the OWS crowd are fortifying is the same First Amendment that allows people to make anonymous comments on a blog ripping a democratically elected president. You guys owe all of them a favor.
Now for my take:
I don't mind being "identified" in my comments, but I understand that many others do. I wish the OWS movement were less vitriolic. Name-calling isn't helpful and is actually counter-productive. It promotes anger against the movement. For OWS to be effective in swaying public opinion re candidates for public office, or public policy, or whatever the solutions may be; each OWSer should present intelligent, compelling arguments for the cause. As Momma used to say, “You catch more flies with honey than you do with vinegar.”
A judge who upholds the First Amendment of the Constitution deserves to be lauded a hero. May he give courage to others to do the same.
Judge Tom Nelson God Bless you Sir !!! God Bless you and your family !!! And, the Angels of God watch over you and yours !!! You make the American people proud and hopefull that it's Reps. will uphold our Constitution. You are my hero, sir. Thank you, Judge Tom Nelson.
Best quote I have from the past week on the issue of the power elite versus constitutional right of the redressing of that power elite's tyranny is by writer Don McNay: "OWS protesters can take heart in knowing that police action is a desperate act of power brokers trying to hold on to control. If you can speak to the ghost of Muammar Gaddafi, he can tell you how firing on his own people worked out for him. The days of clamping down free speech with violence are over. The average citizen, using social media, has too many ways to communicate, organize and stand up to oppression." This movement is the result of intelligent victims that made the right calls on the government that was once the people's and has since been financed by the ultra rich to everyone else. Well we're sick and tired of paying interest on a governmental mortgage that doesn't house us, being laid off and poisoned by corporations that are persons when harmed but machines when harming real persons, and now being treated as criminals when obeying the First Amendment. People in offices perpetrating this tyranny - I have prudent advice for you. It might be wise to start imagining how 2025 United States Courts of Law under the 99% Democracy will judge the legality of your actions.
Im glad the judge stood his ground. Also, in a democracy I dont think "the interests, well-being, and investment of the many, the whole, trump the desires and rights or apparent rights of the individual or subset group, always, and must be guarded by those we elect to represent us." as some have suggested. Those we elect must balance carefully because yes the majority opinion is important but it cannot trump the rights of a subset or group or else people of african desent wouldnt have been allowed rights in the first place. the people we elect must understand the majority while still protecting the minority groups, apparent again today in the gay rights movement.
One take on foundational issues in the mix....
http://www.csindy.com/IndyBlog/archives/20…
The Republicans who are in office "think" that they are conservatives. They "think" that they are acting prudently. They "think" that they can do pretty much whatever they want because they have some "mandate" from the voters. They are just a bunch of puppets for big money businesses plain and simple.
