Tennessee Officials Appeal Occupy Nashville Ruling
Two high-ranking Tennessee officials are asking a federal appeals court to rule that they did not violate the rights of Occupy Nashville protesters who were arrested on the War Memorial Plaza in October 2011.
U.S. District Judge Aleta Trauger last year found Safety Commissioner Bill Gibbons and former General Services Commissioner Steven Cates violated protesters' rights when they promulgated a last-minute curfew for the plaza, then had those who refused to leave arrested.
In briefs filed with the 6th U.S. Circuit Court of Appeals, state attorneys argue that Gibbons and Cates should be granted qualified immunity for their actions to disperse the protesters.
They say it was the job of the two officials to protect state property and maintain order. The curfew and arrests were necessary to deal with reports of crime, sanitation problems, trash and damage to the plaza in front of the state Capitol, they say.
"Plaintiffs' 24-hour occupation of the War Memorial Plaza was not protected by the First Amendment," they argue. And even protected speech can be subject to reasonable time and place restrictions.