Tenn. official: No resources to 'baby-sit' Wall Street protesters on Capitol grounds

Tennessee official: No resources to 'baby-sit' Wall Street protesters on Capitol grounds

Lucas L. Johnson II
Associated Press
October 28, 2011

NASHVILLE, Tenn. - Tennessee state troopers cleared out Wall Street protesters from the Capitol grounds in Nashville early Friday, but a judge refused to jail the 29 demonstrators, saying the state acted too hastily.

Gov. Bill Haslam and senior members of the Republican's administration insisted they had to quickly deal with deteriorating safety and sanitary conditions. Protesters, encamped on a stone plaza for about three weeks, had asked for assistance in preventing thefts and assaults, Safety Commissioner Bill Gibbons said.

"We don't have the resources to go out and in effect baby-sit protesters 24-7 ... at the level that would have been necessary to address their concerns," Gibbon said.

Instead, the state crafted a curfew policy for grounds around the State Capitol and posted notices Thursday that the area would be off limits to anyone after 10 p.m. The troopers moved in about 14 hours later.

"Our job is to protect the safety of folks," Haslam said. "I think the curfew is the best way to protect that."

About 75 state troopers arrived at Legislative Plaza a little after 3 a.m., and gave protesters 10 minutes to leave. Eighteen men and 11 women were arrested for refusing.

"It's obvious they knowingly and intentionally violated the policy," Gibbons said. "They were very aware that they were trespassing."

Night Court Commissioner Tom Nelson said the state had a right to change its rules but didn't give the protesters the opportunity to comply.

"I am not criticizing the Highway Patrol, but you have no lawful basis to arrest or charge those people," Nelson said on a courtroom video obtained by WKRN-TV.

Gibbons disagreed: "The judicial magistrate is obviously entitled to his opinion. I think it was adequate notice."

The protesters were issued misdemeanor citations and released about six hours after they were arrested.

Gibbons said the arrests occurred in the early morning hours because it was less disruptive to people who visit, work and live in downtown Nashville.

It remains unclear how the overnight curfew will be enforced against pedestrians who frequently cut through the area after leaving nearby performing arts and concert venues, or early-morning joggers and dog-walkers.

"That's a good very question," Gibbons said. "And we're going to take a reasonable approach on that: Was a person knowingly and intentionally violating the curfew, or was that person just unaware of it?"

Protester Adam Knight, an eighth-grade English teacher from Nashville, was arrested. He said the arrests galvanized the group.

"I think it was a great first step," said Knight, 27. "We showed solidarity. I think it's going to gain momentum."

He said the group planned a march later Friday and would likely assemble again on the steps of the plaza, which could mean more arrests. When asked how long the group would protest, Knight responded: "As long as it has to."

Bill Howell, a lobbyist for Tennesseans for Fair Taxation who was among the 18 men and 11 women arrested, agreed.

"It's just completely outrageous that the state would make new rules and enforce them in less than 24 hours after they were cooked up," said Howell, who at age 64 was the oldest arrested. The youngest was 19.

Republican House Speaker Beth Harwell of Nashville said she applauded the changes as a necessary move to clean up the area.

"The activity had gotten to the point where it was offensive to our staff and we could no longer tolerate it," she said. "I think the public as a whole thinks that it's disrespectful of the facility."

Haslam said one of the problems for law enforcement was determining who was committing indecent acts, and whether they were connected to the protests.

"We don't really have the ability to say, well these are Occupy Nashville folks, and these are people who have been homeless in Nashville," he said.