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Occupy Nashville: Tennessee Officials Agree To Stop Arresting Protesters [LATEST UPDATES]

Occupy Nashville

AP/The Huffington Post   By TRAVIS LOLLER First Posted: 11/01/11 02:09 AM ET Updated: 11/01/11 02:37 PM ET

By TRAVIS LOLLER, The Associated Press

NASHVILLE, Tenn. (AP) -- Tennessee officials agreed Monday to stop enforcing a new curfew used to dislodge Occupy Nashville protesters from the grounds around the Capitol.

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The protesters went to federal court seeking a temporary restraining order against Gov. Bill Haslam, arguing the curfew and arrests of dozens of supporters violated their rights to free speech and freedom of assembly.

State Attorney General's Office Senior Counsel Bill Marett announced at the beginning of a hearing before Judge Aleta Trauger that the state would not fight efforts to halt the policy.

The judge said she had already decided to grant the restraining order because the curfew was a "clear prior restraint on free speech rights."

"I can't think of a more quintessential public forum than Legislative Plaza," Trauger said.

State troopers used the curfew put into place on Thursday to arrest 29 protesters early Friday and 26 people early Saturday.

Both times a Nashville magistrate refused to jail the protesters, saying the state didn't have probable cause to arrest them. They were released with citations.

The Nashville protesters are part of the six-week-old Occupy movement, which began in lower Manhattan to decry corporate influence in government and wealth inequality. It has spread to cities large and small across the country and around the world.

"This is a huge victory for us because Gov. Haslam has realized the mistake that he made," Occupy Nashville protester Steve Reiter said. "The mass arrests were totally unnecessary."

Reiter said protesters planned to remain in the plaza "for quite a while."

Marett said his office would meet with the plaintiffs to come to an agreement on health and safety issues. He said the state earlier on Monday returned the property it had seized during the arrests to its owners.

The suit says Haslam approved the new curfew after complaints over three misdemeanor violations around Legislative Plaza: "an assault, public urination and an apparent tryst beneath a magnolia tree."

Shortly before the hearing, Tennessee Republican Party Chairman Chris Devaney issued a statement calling it "astonishing" that some Democrats had shown support for Occupy Nashville. While he does not mention specific legislators, Democratic Rep. Mike Stewart of Nashville on Saturday called on the governor to rescind the curfew.

Devaney's statement reads, "Legislative Plaza is the property of all Tennesseans, not just a small group of loiterers who would've served their cause better by simply occupying a restroom, instead of showing utter disregard for public property."

The two sides have until Nov. 21 to reach an agreement or go back to court for a hearing on a preliminary injunction.

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Via HuffPost Miami:

When an Occupy Miami member offered evicted protestors vacant apartments in a building he owns in Downtown Miami's Overtown neighborhood, it seemed like the perfect solution: the 'Peace City' space would provide headquarters for the movement and shelter a small faction of the group's most vulnerable members. But it hasn't gone well. Other tenants say the building has become a cesspool of drug use and violence while non-resident Occupy Miami members are trying to distance themselves from the 'radicals' -- all while the two factions are wrestling for control over Occupy Miami's social media sites and future plans.

From the Miami New Times:

The feud between the Overtown occupiers and more mainstream members has only gotten worse. The two factions are now battling for control of Occupy Miami's social media sites. The movement's main Twitter account recently announced it had been "hijacked by a small, non-consensus group of radical members." The Occupy Miami Facebook page was also temporarily hacked by someone inside Peace City. Meanwhile, the Overtown occupation is slowly driving away more moderate members.

"This is a black eye on the Occupy movement," says Shannon Reaze, an Overtown community organizer and Occupy Miami supporter who is now helping tenants move out of Paz's building. "The violence and drugs going on here are way outside of what I thought Occupy stood for. This place is destabilized."

...The supposedly hard-core activists here spend their days drinking and getting high. And as Peace City devolves into lawlessness, the most committed occupiers are leaving. Local landowners and politicians want the place shut down, while cops are suspicious. Yet as long as Paz wants the protesters around, nothing short of a demolition order can keep them out.

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Via HuffPost DC:

WASHINGTON -- Occupy DC has a new lawsuit involving tents on its hands. But it doesn't involve temporary structures in McPherson Square.

Two protesters arrested during a February action outside Merrill Lynch's offices on 15th Street NW near McPherson Square have filed suit against the Metropolitan Police Department, Legal Times reports. (Read the complaint here.)

The plaintiffs, Samuel Dukore and Kelly Canavan, were part of a "targeted occupation" of Merrill Lynch on Feb. 13 where protesters were raising awareness about Merrill Lynch's reportedly close ties with Rep. Darrell Issa (R-Calif.). Issa, for his part, claims that the reports of these close ties are "wildly inaccurate."

Full story here.

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OWS reports via its website:

After the brutal attack on the attempted re-occupation of Liberty Square by NYPD on the 6-month anniversary of #OWS, a number of Occupiers have relocated their base of occupation to Union Square in midtown Manhattan, a point of convergence for several #OWS protests over the past 6 months.

According to reports on the ground, several dozen people slept in the park after the illegal and violent raid on Liberty Square. Over 70 people remain, now on Day 3. Although tents and tables are still banned, Occupiers have brought blankets and sleeping gear. Many are calling it ¨the new Occupation.¨ In addition to holding General Assemblies, Union Square Occupiers are providing vital jail support for those arrested on #M17 as they are released from NYPD custody. So far, the NYPD has made no attempt to remove Occupiers or prevent them from sleeping in the park.

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Occupy Long Beach is defending the mother's home. For more information, click here.

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The woman had the apparent seizure has been identified by the New York Observer as Cecily McMillan:

Cecily McMillan, an Occupy Wall Street activist once profiled in Rolling Stone, suffered a seizure Saturday night during protest action near Zuccotti Park. Many on-scene reported Ms. McMillan had trouble breathing after she was tackled and handcuffed by law enforcement.

A video uploaded to Youtube late Saturday night purports to show the attack. Two women can be heard commenting, “There’s Cecily,” then there is confusion as the police clearly perform a violent take-down on someone in the crowd.

According to Jeff Sharlet’s November, 2011 article about the Occupy Movement, this may be Ms. McMillan’s second violent encounter with police.

To read the full story, go here.

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Cops caught on video about 10 seconds in taking down the woman who had the apparent seizure:

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Watch video from inside Zuccotti Park as police moved in late last night:

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The paper reports from last night's chaos at Zuccotti Park:

At one point, a woman who appeared to be suffering from seizures flopped on the ground in handcuffs as bystanders shouted for the police to remove the cuffs and provide medical attention. For several minutes the woman lay on the ground as onlookers made increasingly agonized demands until an ambulance arrived and the woman was placed inside.

By 12:20 a.m., a line of officers pushed against some of the remaining protesters, forcing them south on Broadway, at times swinging batons and shoving people to the ground.

Kobi Skolnick, 30, said that officers pushed him in several directions and that as he tried to walk away, he was struck from behind in the neck. “One of the police ran and hit me with a baton,” he said.

To read the full story, go here.

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@ Greg_Palast : Our photographer ZD Roberts beaten @OWS Zucotti Park by cops. Thrown to ground, hair grabbd, hit with clubs while yelling, I'M PRESS PRESS!

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@ macfathom : Doubling east on Barclay, and now the ragged front of the march is at City Hall. #OWS

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@ LuddoftheFuture : girl in the street having a seizure and the cops have her in handcuffs. can this get any worse (live at http://t.co/4pLyy3gP)

Activists cry out for paramedics. The woman is limp on the ground. "Come on you violent bastards where's the paramedics?"

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@ jeffrae : March is heading north up broadway #ows #occupywallstreet

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@ macfathom : Dozens of arrests, many cuffed and sitting on broadway waiting for their ride to jail. #OWS

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@ RDevro : Police are barricading the park. It's cleared. I witnessed countless violent arrests. No way to estimate numbers.

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@ troutish : Protesters being dragged out by the head at #OWS #Zucotti Park http://t.co/qomhKkrA

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Cops pulling apart human chains. There are shouts for mic checks. Now, chants start forming. "The NYPD are sweeping through," says Tim on the live stream.

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@ ANIMALNewYork : Police are moving in. It's chaos.

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@ ANIMALNewYork : NYPD just made an announcement that Brookfield has to "clean the park" and Liberty Plaza is officially "closed."

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@ OccupyWallStNYC : Bagpipers just started marching into the park bringing the party mood with them, NYPD arrested one of them, and things got real heated. #OWS

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@ JackieHRye : NYPD just "destroyed" the tent in Zuccotti Park, Occupiers call for its re-building. Marching band also going through the park. #OWS

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@ RDevro : The tent in the middle of the park continues to fill with people planning to stay the night. Lots of energy here.

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Activists ask for more room as the tent is growing, expanding.

"It looks like a floating tent." -- as Tim on his live stream.

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Owly Images

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@ OccupyWallStNYC : .@justawall is leading us in a song! "Hit the road, banks! And don't ya come back no more no more no more no more!" #OWS

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Activists have assembled make-shift, cardboard sleeping areas inside Zuccotti Park. The cardboard is joined by a large green tarp.

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@ RDevro : A tarp is going up in Zuccotti as protesters march around the park chant-dancing. #m17 http://t.co/rJfP3GF9

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Check out photos from Occupy Wall Street protests nationwide, from our citizen journalists:
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By TRAVIS LOLLER, The Associated Press NASHVILLE, Tenn. (AP) -- Tennessee officials agreed Monday to stop enforcing a new curfew used to dislodge Occupy Nashville protesters from the grounds around...
By TRAVIS LOLLER, The Associated Press NASHVILLE, Tenn. (AP) -- Tennessee officials agreed Monday to stop enforcing a new curfew used to dislodge Occupy Nashville protesters from the grounds around...
 
 
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Red45
We can turn the tide
01:43 PM on 11/05/2011
Who knew that Tennessee would lead the way in protecting the rights of the OWS protesters in Nashville? A single judge, Judge Nelson, gets the credit for this. He refused to indict any of the arrested protesters and it "inspired" other officials to go along. As the only judge in the country to refuse to indict any OWS protesters, he's a hero.
06:17 PM on 11/02/2011
When it comes to comparing banks to credit unions, we should not only examine their relationships with consumers, but also with merchants. As far as the latter is concerned, a strong argument can be made that in the post-Durbin world banks, big and small, are now much more merchant-friendly than credit unions.

See, credit unions were exempted from the Durbin Amendment and as a result the fees they charge retailers accepting their debit cards are now much higher (83%, to be exact) than what banks charge. http://blog.unibulmerchantservices.com/credit-unions-muscle-in-on-big-bank-territory

So we should not be losing sight of the issue that got the whole thing started – the size of the debit interchange fees. It seems to me that the issue is a very simple one. If a fee charged by one bank to a merchant is considered too high, it should also be considered too high if any other bank, or a credit union, charges it to that retailer. I just can't see it any other way and I can guarantee you that merchants see it exactly the way I do.
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Red45
We can turn the tide
01:44 PM on 11/05/2011
What? "... the issue that got the whole thing started – the size of the debit interchang­e fees". Are you serious? If you think this is what triggered OWS, you couldn't be farther off the mark.
12:42 AM on 11/02/2011
Thank you to all that are out there, I can't be do to my health at least you are out there doing something for what you believe in instead of just running your mouth, again thank you for taking a stand.
09:54 PM on 11/01/2011
How we treat each other in word, mind or deed is the most important thing in almost any mater in my experience. Try it, it feels good.
05:22 PM on 11/01/2011
These so-called protestors have no clear goal other than to annoy the general public.
Their message is only clear to those who attend the protests..they are preaching to their own choir and not accomplishing anything. They are NOT raising awarenss..they are pissing people off. Pissing people off does not mean that your message will be heard.
HUFFPOST SUPER USER
UWorlds1
I'm a 99%er
06:52 PM on 11/01/2011
They are so unclear that the banks decided not to implement the debit card fee. Come again.
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Red45
We can turn the tide
02:16 PM on 11/05/2011
He doesn't know what he's talking about.
ccsysglf
question the question
05:21 PM on 11/01/2011
small cracks in the seems. appeasement is not what is sought, push forward push forward push forward push forward. ows/people factor victory is far in the distance, but now has a horizon for all to see..........
04:27 PM on 11/01/2011
Attention citizens of Nashvull: Your Constitutional protections have been indefinitely suspended. Remain in your homes and workplaces; if you must move about, look neither left nor right.
Remember, a quiet citizen is a good citizen.
04:20 PM on 11/01/2011
Let freedom ring from the Stone Mt. of Georgia - just keep that noisy beeotch outta' Nashvull'.
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Red45
We can turn the tide
01:51 PM on 11/05/2011
Nashville is one of the few places where the protesters First Amendment rights have been protected.
04:18 PM on 11/01/2011
Plutocracy forever!
04:18 PM on 11/01/2011
Shut-up America, your Overlords are trying to plot your demise.
ccsysglf
question the question
05:30 PM on 11/01/2011
demise yes, our's tee hee, nope........
04:17 PM on 11/01/2011
End Freedom of Expression Now.
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Red45
We can turn the tide
01:52 PM on 11/05/2011
you're just trying to get some attention. and you will get a little, very little.
04:14 PM on 11/01/2011
Anti-1st amendment curfews - coming to a Tiananmen Square near you.
ccsysglf
question the question
05:31 PM on 11/01/2011
gonna be some tired puppy's enforcing that one...........
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HUFFPOST SUPER USER
Atsaguy
03:20 PM on 11/01/2011
Devaney's statement reads, "Legislative Plaza is the property of all Tennesseans, not just a small group of loiterers who would've served their cause better by simply occupying a restroom, instead of showing utter disregard for public property."

Out of the mouth of a Republician I guess.....how rude, DISREGARD and disrespectful of our rights... " restroom" please...
03:11 PM on 11/01/2011
I`ve been to OWS 5X and will go tonite after work,,The movement has enormous interests + pressures opposing it, coupled with fox type media ratcheting up it`s followers hate. Since The Viet protests there has been a coordinated effort by govt to reduce areas and erect barriers and laws to where and how people can assemble ,, The maze of curfews,restrictions and heavy handed police tactics work. When I was 8yrs old there was a Viet protest in Central Park with a million + people.We need PEOPLE now.. We all must help. If u truly believe in this cause and the peoples right to address grievences. if you`re sympathetic please get off your arses ,march,,,,join protests,,,beseech your reps,,,send $,,write to newspapers.Dont sit while the govt abuses good Americans. Don`t watch and dither and let the powers crush this,Which u can now see with your own eyes,, If we allow this ,then we truly deserve our personal and nation`s declining fate.If you can state that u LOVE your country then u must participate
05:38 PM on 11/01/2011
If you were 8 yrs old and saw a Vietnam protest in Central Park, that would make you about 55-60 year old today. And from what I have seen of CNN NBC CBS ABC AND FOX there are very few people your age at these protests. Good for you for getting out at your age every night and working all day.
HUFFPOST SUPER USER
UWorlds1
I'm a 99%er
06:55 PM on 11/01/2011
At his age, 55 and 60 is not old!!!
11:42 PM on 11/01/2011
This is a just cause,As just as any I`ve ever seen or experienced,,It needs to be joined by you and many others,,If sympathetic people simply remain spectators rooting from their TV couches and computer chairs it can fail, Polls do not change policies,You`ve seen how heavy handed the authorities have been,They know we`re thisclose,The future for the vast majority of this nation hangs in the balance.If you join in ,you will feel the energy.Nothing is more powerful than feet on the ground,voices at a town hall and voters in the booths We have to seize this moment.
HUFFPOST SUPER USER
ftkl1234
02:51 PM on 11/01/2011
With the cold weather coming on and some police shutdowns, I wouldn't blame the demonstrators for folding up their camps but they already have made a big impact and statement that's struck a nerve, acting on and voicing the concerns of the 99% of the American people that compensation for the rich is way out of line compared to what the working force earns and this is unsupportable.

Thank you to the brave demonstrators! They should not feel any kind of defeat or comedown in stopping demonstrations. What's now really important is to show up en masse at the polling stations in 2012 to talk with their ballots, supporting the President and Democrats who are championing the 99% of Americans demanding more equitable a playing field as far as being able to participate in the American Dream!
05:24 PM on 11/01/2011
These Democrats have been the "champions" of the so-called 99% for decades...how's that worked out to this point? Government is the problem...not the solution.
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Red45
We can turn the tide
01:58 PM on 11/05/2011
No, Jeremy. NOT ENOUGH GOVERNMENT is the problem. Not enough regulations and not enough oversight of several industries and politicians has gotten us into the mess we're in today. It's LACK OF GOVERNMENT that's the problem.
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Red45
We can turn the tide
02:00 PM on 11/05/2011
Clever tag lines from Ronald Reagan won't help you. We all know what that idea led to: the incredible mess we're in today.