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Old 10-31-2011, 03:30 PM
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Riot Riot is offline
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Join Date: Mar 2007
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Default Local Magistrate releases Occupy Nashville arrestees, chastizes PD for false arrests

Nashville has been cracking down hard on Occupy Nashville protesters, instituting a sudden $65 "protest" fee, and holding mass arrests for trespassing. Yesterday the local judge chastized the Tennessee Highway Patrol police, telling them they had no right to arrest the protesters, and releasing all of them.

Why? You can't tax, legislate, control, require permits, or dictate free speech in the United States. It's ... free, any time or public place Americans want.

Yay for this judge! Ron Paul would be proud!

Quote:
As a local official continues to dismiss arrest warrants, the state of Tennessee is losing ground in its effort to evict Occupy Nashville.

Last Thursday, Tennessee Governor Bill Haslam's administration set new curfew and permit rules on the park where Occupy Nashville had been camping for three weeks ....

( snip )

Preparing to evict the Occupy Nashville protesters, the Haslam administration banned public demonstrations at Legislative Plaza without a permit today and imposed a 10 p.m. curfew on all the Capitol grounds. State officials vowed to enforce the new policy beginning tomorrow.

( snip )

The new policy will force Occupy Nashville to ask for permits from state government each day to demonstrate. Protests will be allowed only between 9 a.m. and 4 p.m.

Additionally, the new rules require a $65 daily fee for permits, making protest pay-to-play at the Tennessee state capitol.

In an attempt to use the new rules to shut down Occupy Nashville, the Tennessee state police conducted mass arrests on both Thursday and Friday. According to The Tennessean, nearly fifty arrests were made over the two nights, including two reporters [ this was the famous arrest of a reporter while he was reporting, and videotaping his own arrest ]

( snip )

However, the state's vindictive actions quickly ran into legal roadblocks. Tennessee law requires a local judicial commissioner to approve arrest warrants, and after both mass arrests local Night Court Magistrate Tom Nelson argued the state was overstepping its authority. Nelson refused to grant approval, and the protesters were quickly released.

Explaining his decision, Nelson sent out a sharp rebuke to the state for instituting new laws in order to clear out an established protest:

Early today, Night Court Magistrate Tom Nelson sent an email to Davidson County’s General Sessions judges explaining why he refused the THP’s request to sign criminal trespassing warrants against Occupy Nashville protesters.

Nelson said “until the new rules and regulations were promulgated there was no crime of Criminal Trespass pertaining to this group of persons for the past 3 weeks.’’

He noted “It is of particular consternation that the rules and curfew were enacted after a protest movement and occupation of Legislative Plaza had been tolerated for just over 3 weeks, with no notice that the group members were involved in criminal activity.’

After failing to secure any arrests on Thursday or Friday, the Tennessee Highway Patrol did not even show up at Occupy Nashville for the past two nights.

On Saturday afternoon, the protesters held a march in honor of Nelson.

Further, the protesters are now the ones on the legal offensive. With the help of the ACLU, they have filed a lawsuit against the Haslam administration. The name of the lawsuit is Occupy Nashville vs. Haslam.

For ongoing updates on the events in Nashville, visit The Tennessean and follow @OccupyNashville on Twitter.

http://www.dailykos.com/story/2011/1...via=siderecent
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