11/15/11
To: Wilmington City Council
From: the General Assembly
Occupy Wilmington, NC
Good evening Mayor Saffo, Mayor Pro Tem Sheridan and City Council members. I am Mary Ann Priestley, a representative of Occupy Wilmington, NC. We are part of the Occupy Movement that began two months ago with Occupy Wall Street and has grown to more than 100 occupy sites in this country and more than a thousand around the world.
The Occupy Movement arose to address economic, political, and social issues that affect 99% of the population. It also supports veterans’ rights and efforts to preserve and improve the environment, as well as other issues that affect us all.
One goal of the Occupy Movement is to reclaim public lands to use as spaces for discourse and peaceful assemblage. This right or privilege is guaranteed in the First Amendment of the US Constitution.
For more than two weeks Occupy Wilmington has tried to secure the use of the City Hall lawn through the permit process. We have approached the city’s department of parks and recreation and the city manager’s office. No one in either office has issued us a permit. Both said the permit was denied because the lawn is a public park and Wilmington city code does not allow for camping or sleeping in a city park. We were told all requests are non-negotiable. However we interpret the city code as allowing such activities by permit. We have the right to occupy public space, which belongs to us the people, in pursuance of our First Amendment rights of free speech, peaceful assemblage, and redress of the public’s grievances. These rights are supported by court cases. In Metropolitan Council, Inc. Vs. Safir the federal district court in New York stated that sleeping in a public space as a form of political protest is protected speech. The court also said that the blanket ban, like the one in the City of Wilmington code, of sleeping in public spaces is too restrictive.
Thereby the General Assembly of Occupy Wilmington asks you, the Wilmington City Council, to direct staff to issue a permit allowing Occupy Wilmington to camp on the City Hall lawn. We are not asking for the City’s endorsement of our reasons to assemble but our rights to use public space for assembly.
Thank you for hearing and addressing our request to exercise our First Amendment rights.
The General Assembly of Occupy Wilmington
We are the 99%
