Archive for the Legal Documents Category

Freedom of Assembly Challenged at City Hall

There are ordinances on the books all across “the land of the free” which can be used to selectively exclude acts of protest against the exploits of Wall Street and the monetary control it exerts over our government.

Part II ,Chapter 6 ,Article I,Section 6-4 of the Wilmington, N.C. Code of Ordinances states:

“It shall be unlawful for any person to hold or participate in any public meeting upon any of the streets, sidewalks or other public places of the city, without having first obtained a proper permit in writing so to do from the city manager. Such permits may be issued when consistent with the general welfare and if issued may be revoked at any time at the discretion of the council.”

The First Amendment of the Constitution of the United States of America states:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Originally, the First Amendment applied only to laws enacted by the Congress. However, starting with Gitlow v. New York, 268 U.S. 652 (1925), the Supreme Court has held that the Due Process Clause of the Fourteenth Amendment applies the First Amendment to each state, including any local government.

This ordinance seems to conflict with the rights granted to us under the first amendment. Seeing as the city of Wilmington, and the Thalian society both recognise Thalian Hall as a public place (according to both of their web pages), the city manager can not deny issuance of a permit without violating our constitutional rights. Nor can he revoke said permit. I propose that we petition this ordinance as being unconstitutional, and bring this issue to a vote before the Wilmington City Council.

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OWNC FIELD GUIDE

Good Neighbor Policy (based in part on that of the NYCGA)

Occupy Wilmington NC [hereafter "OWNC"] announces the following Good Neighbor Policy to apply to its encampment:

  • OWNC has zero tolerance for drugs or alcohol anywhere on its encampment.
  • OWNC has zero tolerance for weapons on its encampment, or for violence or verbal abuse towards anyone.
  • Members of OWNC will interact with law enforcement non-violently at all times.
  • OWNC will limit drumming on its encampment to 2 hours a day, between the hours of 11 a.m. and 5 p.m. only.

OWNC will respect health and sanitary regulations in the following ways:

  • There will be daily sweeping and clean-up of the encampment.
  • If off-site sanitary facilities are not available, portable toilets will be obtained sufficient to the number of campers with appropriate scheduled cleaning of those units.
  • The site vegetation will be protected and the tent locations will be moved at intervals to avoid killing the grass.
  • Potable water will be provided for the campers, who will be encouraged to carry their own water bottles and other reusable containers to avoid unnecessary use and waste of plastic.
  • Food for the campers will be provided in a manner consistent with Health Department regulations.
  • The encampment will have trash and recyclable disposal containers which will be regularly emptied.
  • There will be a heated tent capable of holding about 20 people which will also serve as a first-aid station, and there will be a first aid kit on site, and a member of the Medical Team either on site or on call at all times.
  • The encampment will have the ability to telecommunicate 24/7, and those of us outside the encampment will have the same capacity to communicate the encampment. The campers will always be able to call emergency personnel if needed.
  • An appropriate area for smoking and disposal of cigarette buts will be set up in some part of the encampment and smoking will not be allowed elsewhere.
  • Electricity will be obtained either by arrangement with an adjacent entity or by use of a generator with a baffle to minimize the noise, or by means of cleaner options still being investigated.

OWNC will have a Security Monitor at the encampment at all times to ensure respect for our guidelines and Good Neighbor policy and we will post those guidelines and the Good Neighbor policy at the site.

OWNC will have an Outreach Team member present at the site at all times with information about the encampment and the movement available for visitors.

    The materials available will include data supporting the OWNC position on the effect of moneyed interests on the political system, with particular attention to the result in North Carolina and in Wilmington.

OWNC will ensure that the property used for its encampment is respected and maintained, and will return it to its owners in as good or better condition than it was when the encampment began.

OWNC will seek to establish good relationships with adjacent and nearby businesses and will take note of any concerns they may have.

OWNC will present workshops at the encampment for the benefit of both the OWNC members and any interested members of the public at large.

The members of OWNC who are not camping will provide all possible needed support to those who are camping.

OWNC donations will be used, in part, toward the support of the encampment.

OWNC members will encourage compliance with all federal and state laws, and all county and city codes and ordinances at the encampment, with the exception of those unreasonably restricting their right to protest and to freedom of speech.

Midnight Special Law Collective – Arrestee Outtake Form

http://www.midnightspecial.net/files/outtake_form.pdf

Midnight Special Law Collective – Arrestee Intake Form

http://www.midnightspecial.net/files/arrestee_intake_form.pdf

Midnight Special Law Collective – Phone Scripts

http://www.midnightspecial.net/files/phonescript.pdf