Tenn. agrees to stop arresting protesters

Protesters affiliated with the Occupy Wall Street Movement are seen at the Tennessee Capitol, Friday, Oct. 28, 2011. / AP Photo

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

The protesters went to federal court seeking a temporary restraining order against Gov. Bill Haslam, saying the curfew and arrests of dozens of supporters on Legislative Plaza 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.

Trauger 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.

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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.

Marett said his office will meet with the plaintiffs to come to an agreement on health and safety issues.

The suit says Haslam approved the new curfew after complaints over three misdemeanor violations - "an assault, public urination and an apparent tryst beneath a magnolia tree" - around the plaza where the protesters have been camped out since Oct. 6.

[wadyaknow]

Amazing that these elected thugs do not know the Constitution. Shame on the cops who go against the 99%

[mizRicki]

In reading some of these comments it's clear many have not read the Constitution, Bill of Rights or Federalist papers. If you truly want to protest what is happening to our country then I suggest you go to the offices of Fannie and Freddie, Sen. Dodd and Rep. Frank, and those who actually got us in this mess. Everyone has a right to voice their opinion, having said that, they do not have a right to interfere in lives of those living in the areas they are protesting, please be conscience of that.

[antoniof123]

Got my support Judge!

Leave it to a red state to try to destroy the rights of those who disagree with them.

[RuinedbyBush]

Haslam, the original 1% and enemy of the 99%. He knew this was unconstitutional and continued for several nights anyways. The state of TN thru Haslams personal fortunes, should have to pay enormous lawsuit penalities, but we all know that Haslam has immunity. Sweet deal if you can get it, and you can always get it if you are part of the 1%. Worthless to the common man.

[Drivelphobe001]

Ever heard of privilege? It is a result of family background, networking, building relationships, and of course, a level of wealth. The American dream, which is what attracts millions of individuals to this country every day, is available to every citizen who would accept the challenge to succeed rather that whine and cry about their poor choices in life. The 1% you refer to don't have time to worry about those who live on entitlements, wallow in self pity, and refuse to improve their lot in life. Join the 1% instead of acting like a baby.

[displeased2]

Drivelphobe, you can't join the 1%, you have to be born into it.

[soap-suds]

Enlightenment!! The magistrate and the judge deserve applause. The governor deserves scorn and to be voted out of office.

[wizardlady]

A sensible JUDGE, and in good ole southern Tennessee, gets my 'tip of my hat and wag of my finger'. May there be MORE judges like HER found to support this movement.

[donottrustdems]

The judge made the right decision upholding the law. Your comment about needing more judges to support the movement is way off base.If a judge makes decisions based on ideology and not the law, they should be removed.

[rwsmith29456]

I'm not sure if this 'Occupy' protest has any real meaning, but we haven't had a decent protest in this country since Vietnam. This one has hardly gotten off the ground and the police move in. Where are the armed National Guardsmen?

[aghast101]

Mostly at home where they belong.

[Anotheryahoo]

Tennessee is letting the TSA simply pull over folks on its highways to perform search and seizure? Police state or Freedom and LIberty? think about it? Is this the America we want where everyone is guilty of something? The framers of the Constitution of the United States knew man's nature of being a control freak and worked very hard to prevent this kind of stuff. But 200 years of the politicians endless laws have us right back to what they tried to prevent. Freedom and Liberty or a Police state? the choice is yours/ ours. I choose Liberty how about you?

[aghast101]

Hey Yahoo, are you ready for the responsibility that goes with Liberty? You don't have one without the other.

[vielmann]

Leave it to the GOP to want to curb first Amendment rights.

[mizRicki]

That's a curious comment considering it is the Obama Administration that was wanting names of anyone who disagreed with them on Healthcare

[Jaylah54]

Wow, seeing our Constitution upheld really makes the right-wing nervous.