"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.