TRI In The News
Rights Groups Back Protesters
From Delaware Online
Original article available here
The American Civil Liberties Union of Delaware told Wilmington city officials Tuesday that they had violated the First Amendment and their own city ordinances when they tried to prevent Occupy Delaware activists from protesting in Peter Spencer Plaza.
Occupy Delaware began protesting its perception of economic inequality, corporate greed and government inaction in several Wilmington parks, including Spencer Plaza in the 800 block of French St. -- across the street from the Redding City-County Building. The group was ordered off the plaza on Monday after protesters failed to file a permit with the city that came with a $200 cleaning charge. The activists said they did not have to pay the fee since they were cleaning.
The protesters moved their belongings off the plaza and placed them next to the plaza steps, where the group remained. They continue to use the plaza for meetings.
"City of Wilmington officials cannot make up the rules as they go along in an attempt to restrict or shut down the Occupy Delaware protests. City ordinances clearly do not ban tents on Spencer Plaza," said Kathleen MacRae, executive director of the ACLU of Delaware. "The city also cannot charge Occupy Delaware a fee for the use of Spencer Plaza. The language of the ordinance pertaining to fees for the use of city parks is so ambiguous and broad that it can be interpreted to mean that I could be charged a fee for walking across Rodney Square during my lunch hour.
"This sort of ambiguous and overly broad language is clearly unconstitutional."
The ACLU gave Wilmington until noon to permit the protesters onto the plaza, including allowing them to erect tents. At least two protesters said they would erect a tent today, with or without a permit.
City officials stood by their decision Tuesday night.
"We disagree with the ACLU position, and we stand by our decisions regarding Occupy Delaware," said John Rago, Wilmington's policy and communications director.
The situation caught the attention of Wilmington attorney Thomas S. Neuberger, who said he was baffled by the conditions placed on the protesters' right to assemble and has contacted the Rutherford Institute, a conservative civil rights group in Charlottesville, Va., for help.
"I have lined up one TRI volunteer local lawyer to take on the federal civil rights case, and we are awaiting legal research from TRI prior to a next step," Neuberger said. "The First Amendment makes it quite clear that they have the right to assemble and petition government for the redress of their grievances.
"What better place to petition than in Rodney Square or Peter Spencer Plaza, where the seat of state and city government is found?"
Public parks have been used for camping out for political speech, Neuberger said. He pointed to the 1968 Poor People's Campaign, which set people on the National Mall in an encampment they called Resurrection City. He also pointed out how Gen. Douglas MacArthur used troops to remove World War I vets from the Mall in Washington, D.C.
"So speech does occur overnight there and in our parks," he said.
John W. Whitehead, president and founder of the Rutherford Institute, said the organization is involved in Occupy Wall Street movement issues.
"It's good to see that people are out there exercising their rights now, trying to," Whitehead said. "The question is how much the government can limit that and whether the restrictions they put on them are reasonable."
Occupy protesters had a tea party Tuesday morning as a symbolic protest of the New Castle County sheriff's sale inside the City-County Building. The group wants a moratorium on the auctioning of foreclosed homes until it can be verified that the homeowners have been given a fair opportunity to remain in their homes.
About 15 minutes after the sheriff's sale began, two protesters walked into the room with cardboard signs reading "Stop the sale," "Our families are still living in these houses," and "Was the lender brought up for sanctions for their lending practices?"
Eventually, Michelle Ievoli walked to the center of the room and interrupted proceedings to read a petition calling for a halt to foreclosure proceedings until they can be reviewed on a case-by-case basis.
The auction then continued.
