Federal judge grants preliminary injunction on state curfew policy

Thursday, November 17, 2011 at 4:57pm
Staff reports

Federal Judge Aleta Trauger Thursday signed an order extending the Oct. 31 temporary order prohibiting the state from enforcing a curfew policy that targeted Occupy Nashville protesters’ use of the War Memorial Plaza.

On Wednesday, attorneys for both sides presented the court with a proposed order converting the temporary restraining order to a preliminary injunction at least until further court action.

The injunction prevents Gov. Bill Haslam and his administration from enforcing the “Legislative Plaza, War Memorial Courtyard and Capitol Grounds Use Policy” issued on Oct. 27 and better known as the curfew under which state troopers made 55 arrest on Oct. 28 and 29.

The order came ahead of a scheduled hearing Monday, Nov. 21, that had been set to discuss the TRO. That meeting is now cancelled.

The order does not, however, prevent state officials from drafting additional policies targeting the areas where Occupy protesters have congregated since early October.

“Furthermore, nothing in this agreed order shall limit in any manner the terms and provisions of any subsequent rulemaking by the State of Tennessee related to the use of the Legislative Plaza, War Memorial Courtyard and Capitol Grounds.”

The plaintiffs, Occupy Nashville, likewise aren’t prohibited from challenging the legality of any subsequent policies.

Occupy preliminary injunction.pdf55.84 KB

25 Comments on this post:

By: JohnGalt on 11/18/11 at 5:35

Of course she did. She might as well have "Of Counsel ACLU" on her stationery.

By: govskeptic on 11/18/11 at 5:41

Who is running the State's position on this issue in Federal Court?
It was expected that at the Feb. 21st hearing the State would provide
a clear and convincing argument on this matter before the Judge!
Instead we get the Governor's office grabbing a federal grant for the
"More Cops-more stops" campaign, so I guess it's the driving public
that's "Public Enemy No. 1" at the moment!

By: girliegirl on 11/18/11 at 7:49

So, now the Plaza is an official "campground" and funded with our tax dollars? Can't we at least charge them like KOA does?

By: frodo on 11/18/11 at 8:55

I'm dreaming of a white Christmas...with sub-zero temps. In fact, a Thanksgiving blizzard would do well.

By: Left-of-Local on 11/18/11 at 8:58

HA! Eat it, Haslam.

Everyone has a right to demonstrate in public space and it is a foundation of our country. Glad to see our hillbilly-backwoods ways getting the needed smackdown from the feds.

By: frodo on 11/18/11 at 9:50

Hey, Left, why aren't the Occupiers visiting no-income-tax General Electric and the home of their leader? Why aren't they visiting the homes of the Solyndra thieves and their accomplices in the BHO administration? Why isn't this free-speech, free-sex and free-defecation crowd asking BHO why in three years he has never given us a budget but rather has saddled hour grandchildren with mountains of debt and probably consigned our great-grandchildren to Chinese as a first language (second language Spanish)? The answer is that, just as the sympathetic sheep in Egypt and Libya were led not by freedom-loving people but rather by the champions of Sharia law – the strings on this little pop uprising are being pulled by BHO, his minders and those who don't give a crap about this country. Wake up, because you are going to end up with something much worse than what you have.

By: cityjvtao on 11/18/11 at 10:26

Wow frodo, you not only ask the questions you also provide the answers. Why are you so afraid?

By: frodo on 11/18/11 at 10:50

I'm afraid, city, because I read the news and understand history. And I feel sorry for well-meaning Occupiers whose idealism and good intentions are exploited by those who would do us all harm.

By: cityjvtao on 11/18/11 at 12:31

Frodo – don’t go all soft and squishy. Why would you ever feel sorry for these little liberal punks? Now I am confused as to your real feelings about the occupiers. Are they well- meaning with good intentions or degenerate free-sex, free-defecating punks?

By: frodo on 11/18/11 at 1:08

Well, city, they are human beings, just like you and me (making an assumption about you). I understand the anger...I'd be angry too if all my life I was told that a college degree will lead to the good life, and now there are no jobs and no iPads without some real sacrifice. I understand idealism...it isn't a bad thing. And I understand the old hippes who want to let the good times roll again. I also understand that a lot of people are just plain unhappy in life and need someone to blame and maybe someone to poke in the eye (figuratively). That is a lot of energy. We all want something to be for or against. On the whole, I think Occupiers are people of great passion and great potential (except for a few of the worn out hippies who just won't let go of the 60s and get over Vietnam). Good people of noble intents for the most part. I just think they are ignoring the bigger problems (and bigger problem people) and the harder and more realistic solutions. I don't think today's younger adults learned much history from an objective viewpoint (just my bias). And, as I said, they are being co-opted by people who care nothing about them. So, if their eyes can't be opened to that danger, then a good old fashioned blizzard to send them home would be the next best thing. As far as my fee -sex and free-defecation comments...I was pandering a bit. But you have to admit that the media has a very different standard for this bunch than they do for TeaPartiers.

By: oldhickorytony on 11/18/11 at 1:39

Frodo - You brought up the Tea Party? Talk about a group of people with good intentions that ended up being used by big money interests that were antithetical to their original concerns as well as their wallets.

By: oldhickorytony on 11/18/11 at 1:42

And what's your beef with old worn out hippies?

By: frodo on 11/18/11 at 1:58

No beef, oldhick, unless they are just living in the past when the present and future are more what is at stake. And I've observed that some old worn out hippies also carry a lot of old baggage and bitterness. But tell me about the Tea Party. I'm listening, because I'd like the same standards to apply to TeaPartiers and Occupiers.

By: yucchhii on 11/18/11 at 2:50

Hey GIRLIEGIRL...So you want to damage our rights to peacefully gathering too? This has NOTHING to do with ANYONES TAX DOLLARS!! You are NOT paying for them to stay anywhere!! Maybe if you had a CLUE what this whole thing is about, you wouldn't be so ready to destroy the people that are TRYING not only for themselves but for this WHOLE country called the "UNITED STATES OF AMERICA"!!! You CAN'T deny that this country is going down the drain because of the politicians whether they be democrats OR republicans!!! All they are about is the DEAD PRESIDENTS and the DEAD PRESIDENTS TALK LOUDER THAN THE LIVE ONES DO!!! So, what do you want, the USA to go down the drain or get the $$$ OUT OF THE GOVERNMENT?? You CAN'T have both!!!

By: yucchhii on 11/18/11 at 2:52

Hey FRODO, you are a DODO!! Your a 100% USDA PRIME IDIOT!! Hope YOU get caught in your own blizzard!!!

By: yucchhii on 11/18/11 at 2:53

Hey Left of local...THANK YOU!!!

By: yucchhii on 11/18/11 at 2:57

Hey FRODO...again, you are a 100% USDA PRIME IDIOT!!! Why don't you stick to issues that have to do with HERE at HOME!!! Nevermind what's up with EYGYPT and you have NO CLUE what this group of people are all about!! If you do, "PROVE ME WRONG"!!! If you CAN'T prove me wrong, then YOU need to take your comments to EYGYPT!!!

By: yucchhii on 11/18/11 at 3:08

Regardless of who "THINKS" they know everything...The OCCUPYERS have made themselves CRYSTAL CLEAR what they want!! It's not just what they want, but what WE as the USA NEED!! People want to make the older hippies sound like crap by saying things like they're stuck in the 60's over Viet Nam and just in general NOT having an understanding that If you see something REALLY WRONG and it continues, then if you do nothing and say nothing, then NOTHING will get done to correct the problem. At the rate that politicians are going, they are like CANCER and speading...if the cancer is NOT removed, what happens?......Tick tick...EEEHHhhh, Times up....answer, DEATH!! The USA will DIE!! Then where is the respect for all war veterans that fought for this country only to have it torn apart from within by politicians whose ONLY interests are "DEAD PRESIDENTS"!!! Oh and just in case there is someone that does not know what DEAD PRESIDENTS are...that is "MONEY". The "LOVE OF MONEY" is the root of all evil!!! THINK ABOUT IT!!!

By: cityjvtao on 11/18/11 at 3:15

Frodo –thanks for your comments regarding the Occupiers. I can’t say I really know the demographics of the protesters. They seem to be mostly twenty something’s, with just a few older ones in the crowd. The ones I have heard were articulate and better informed than most Tennesseans. Not many Tennesseans are even vaguely familiar with the state constitution as are many of these young people.

As to the tea party comparisons, the Occupiers have thus far been a lot less disruptive and they really don’t seem all that angry as you claim. I agree that the media is biased in this but then I am not one to defend the media.

Based just on their willingness to stand up for what they believe in, I will agree with you that they are to be admired. I don’t know if they are ignoring other problems, or problem people, or if they even support the President, but you seem sure their efforts are being somehow directed by President Obama (the strings on this little pop uprising are being pulled by BHO). Can you offer any proof of that or it is just speculation on your part?

By: cityjvtao on 11/18/11 at 3:19

Oh - by the way. There is an clear connection. According the the occupy Wall Street organizers, their movement was inspired by popular uprisings in Egypt and Tunisia, and aims to expose how the richest 1% of people are writing the rules of an unfair global economy that is foreclosing on our future.

By: frodo on 11/18/11 at 3:51

yucchhii, you still haven't explained what you want to happen. You talk a lot about the love of money being the root of all evil (which I don't agree with, btw). But it sounds like your real problem is that you love money, too, and you want to take it from someone. If money doesn't matter to you, then why the tirade? Enjoy your freedom from it and go on with life.

city, I have heard things I cannot confirm about who is pulling strings behind the scenes on Occupiers. I suppose the same rumors swirl around Tea Party gatherings. But I take many Occupier statements at face value. Anti-Semitic, those who want wholesale redistribution of wealth, those who infer that violence is the way, etc. I simply disagree with those sentiments and I don't know what you are talking about concerning TeaPartier disruptive behavior. Really?? Got any credible news links on that? On the whole, Tea Party gatherings have been very respectful.

By: cityjvtao on 11/18/11 at 4:31

So you hear things and then repeat them here as fact. You know conspiracy theories get started that way. Sounds like Fox News.

Now I suppose any movement has its share of a fringe element, but I would never support a call to violence or anti-Semitism by any group, but then I am not part of any movement, just a casual observer.

My comments about disruptive behavior were based on those crazed law breaking horn honking tax protesters here in Nashville, but I realized that happened perhaps prior to the tea party organizing. Seemed like the same bunch and probably was but I won’t say it as fact. So yes, the tea party has relatively good manners as do the Nashville occupiers. Let’s just be glad we live in a county where citizens can organize and protest against their government without fear of being beaten or shot – oh wait, I forgot about New York and Oakland. Darn those cops!

By: tgs on 11/18/11 at 6:59

1941年、コーチ アウトレットアメリカはニューヨークのマンハッタンにてマイルス・カーンコーチバッグ激安、リリアン・カーン夫妻達の皮革職人による家族経営がCOACH アウトレットの始まりです。もともとは丈夫な野球のグローブを参考にカバンを作成していたので、激安コーチバック 使えば使うほど味の出る皮(レザー)コーチ バッグを主な商品としていましたが、元トミー・ヒルフィガーでデザインコーチ 財布 激安 やマーケティングを担当していたリード・クラッコフを迎え、コーチ トートバッグ実用性のみならずファッション性の高い製品へと近年変貌を遂げました。コーチ ハンドバッグ今ではすっかり定番となった、「シグネチャー」シリーズの登場により、コーチ ポピーバッグ売り上げを伸ばし続けている老若男女問わず愛されているブランドですコーチ 時計。COACH製品は高い技術で製造され、コーチ サングラス素材にもこだわり、サイズ、形、ポケット、コーチ ショルダーバッグストラップは機能性を十分に考え綿密に計算され、コーチ レザーバッグ内側のポケットなどの内装部分も一貫性を保つためすべて同じ皮で作られますコーチ 財布。以前はNYキャリアウーマンの代名詞でしたがコーチ 長財布、最近日本の女性にに大人気のコーチ ブレスレット。渋谷のフラッグシップショップなどコーチ ベルト、日本市場の好調を受け、 コーチ バッグ アウトレット 大幅増益が見込まれていますコーチ店舗

By: tgs on 11/18/11 at 7:00

トリーバーチは、アメリカの人気女性デザイナーで、トリーバーチ アウトレット2004年2月にアメリカ・ニューヨークのトリーバーチ靴ノリータ地区にフラッグショップ"Tory Burch"をオープンしました。トリーバーチ バッグその後瞬く間にハリウッドスターをはじめ多くセレブから熱い支持を受け、トリーバーチ 通販今や全世界の幅広い女性から注目を浴びています。トリーバーチ 財布(Tory Burch)は、世界のトップモデルやセレブな方たちがこぞって愛用しているトリーバーチ ハイヒールことでも有名で、その中でもトリーバーチ シューズ、サンダル、トリーバーチ トートバッグなどは、すでに日本でもトリーバーチ ショルダーバッグセレクトショップなどを中心に大人気になっています。トリーバーチ ベルト女性らしい華やかさを感じさせる色使いや光沢感を絶妙に醸し出していますトリーバーチ フラットシューズ。今、アメリカ中で大人気のトリーバーチ 店舗。パリス・ヒルトンや二コール・リッチー、リンジー・ローハンなど多数のセレブにも大人気で、トリーバーチ 激安日本でもじわじわと人気が出て来ています。トリーバーチ 靴 激安フラットシューズ人気の今、トリーバーチは見逃せないブランドです。

By: Jughead on 11/21/11 at 3:35

Occupy Whatever has nothing to do with free speech. It is class warfare, with the Occupy pukes wanting working folks to pay their way. FREELOADERS.

And, liberal judges agree--then retreat to their lifetime paychecks and pensions. Classy dishonesty. Trauger knows no liberal cause she doesn't embrace.

America is a mess, thanks to liberalism. At least Europeans are starting to get it--give people free stuff and they become entitled freeloaders who never stop asking for more. Then, the Chinese want their money and the economy collapses.