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

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OCCUPY NASHVILLE
Occupy Nashville protesters join hands on the Legislative Plaza on Sunday, Oct. 30, 2011, in Nashville, Tenn. (AP Photo/Mark Humphrey) | AP

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:

- Show quoted text -

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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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