TRI In The News
Two Groups Fighting for Occupy Delaware Protest Rights
From Delaware Online
Original article available here
WILMINGTON -- Two civil rights groups have stepped in to represent Occupy Delaware protesters' claim that they have the right to freely assemble in a Wilmington park that city officials have said was off limits unless they filed a permit and paid a $200 fee.
The American Civil Liberties Union of Delaware sought a temporary restraining order against the city in Chancery Court Wednesday afternoon, and the Rutherford Institute's local representative, Wilmington attorney Thomas S. Neuberger, wrote a cease-and-desist letter to the city saying he would sue unless officials allowed Occupy Delaware to protest on the lot.
"Threats of arrest of these peaceable citizens must immediately cease," Neuberger wrote. "Unreasonable and unjustified time place and manner restrictions on their protected activity must stop also. Otherwise, be prepared to justify your actions in federal court."
Kathleen MacRae, executive director of the ACLU of Delaware, said her group had hoped Wilmington would do the "right thing" and acknowledge the protesters' right to peacefully assemble.
"However, without the city's assurances that Occupy Delaware protesters would not be evicted or arrested, ACLU of Delaware was compelled to file a lawsuit asking for a temporary restraining order to force the city of Wilmington to comply with the First Amendment," MacRae said.
The ACLU is asking a Chancery Court judge to issue an order preventing Wilmington from taking any action to exclude Occupy Delaware protesters from Peter Spencer Plaza, including arresting them if they use the plaza. The complaint claims Wilmington is violating the First Amendment, the state Constitution and its own city ordinances by limiting access to Spencer Plaza at any time of the day or night, having a no-tent policy or charging a fee for use of the plaza.
Wilmington officials said they stand by their decision.
Occupy Delaware, local supporters of Occupy Wall Street, are protesting its perception of economic inequality, corporate greed and government inaction.
The protesters continued occupying the sidewalk adjacent to Spencer Plaza on Wednesday.
Occupy activists have been holding protests in several Wilmington parks, including Spencer Plaza in the 800 block of French St., across from the Redding City-County Building. The protesters spent Sunday night in the plaza but were told to move their belongings Monday, after they did not file a permit or pay the $200 fee, which city officials said was for cleaning the plaza. Protesters said they should not have to pay the fee because they cleaned up after themselves.
The protesters moved their belongings off the plaza and placed them next to the square's steps, where the the activists remained. They continued using the plaza for their protests.
Occupy protesters held up erecting a tent in Spencer Plaza Wednesday afternoon, pending the legal actions. "Once the case is open, until that time anything that we do will be covered under the case," said Josh Taylor, who rolled out a tent on the plaza steps Wednesday afternoon but did not erect it.
Also on Wednesday, two dozen Occupy Wall Street protesters announced a two-week walk from New York City to Washington, with a stop in Delaware. They plan to arrive in Washington by Nov. 23, the deadline for a congressional supercommittee to decide whether to keep President Barack Obama's extension of Bush-era tax cuts.
