Protesters arrested in Nashville for second day

Oct. 29, 2011 By ERIK SCHELZIG Associated Press

Arrests follow a week of police crackdowns around the country

NASHVILLE, Tenn. — Tennessee state troopers for the second time arrested
more than two dozen Wall Street protesters for defying a new nighttime
curfew imposed by the state's Republican governor in an effort to disband
an encampment near the Capitol.

And for a second time, a Nashville night judge dismissed the protesters'
arrest warrants.

The Tennessean newspaper reported early Saturday morning that Magistrate
Tom Nelson told troopers delivering the protesters to jail that he could
"find no authority anywhere for anyone to authorize a curfew anywhere on
Legislative Plaza."
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Occupy Nashville protesters — including many of the 29 arrested in a
pre-dawn raid on Friday — returned to the Legislative Plaza that evening
and remained through the 10 p.m. curfew.

Troopers arrested 26 people this time. All were charged with trespassing;
two were also charged with public intoxication; and one was also charged
with criminal impersonation, Department of Safety spokeswoman Jennifer
Donnals said. The judicial commissioner refused to issue warrants for any
of the charges.

Officials said 72 troopers were involved in the curfew enforcement.

"To see it from the other side is even more infuriating," said Chip Allen,
one of the protesters arrested in the first raid. "When you're in it, it's
almost surreal. This takes on a whole 'nother flavor."

The arrests came after a week of police crackdowns around the country on
Occupy Wall Street activists, who have been protesting economic inequality
and what they call corporate greed.
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In Oakland, Calif., an Iraq War veteran was seriously injured during a
protest clash with police Tuesday night. In Atlanta early Wednesday,
helicopters hovered overhead as officers in riot gear arrested more than
50 protesters at a downtown park. In San Diego, police arrested 51 people
who occupied the Civic Center Plaza and Children's Park for three weeks.

In Nashville, more than 200 people came to Friday evening's meeting to
discuss the first round of arrests and future plans, though those numbers
had dwindled as the night wore on and temperatures dropped.

There was no noticeable law enforcement presence for nearly two hours
after the curfew went into effect, while adjacent theaters let out and
patrons filtered back through the plaza to their cars without being
challenged for violating the restrictions.

"Nothing was done to them, they were not arrested," said protester Michael
Custer, 46. "But we are arrested while we are expressing our
constitutional right to free speech."
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Once the theater traffic cleared, dozens of state troopers descended on
the plaza and began arresting protesters and a journalist for the
Nashville Scene, an alternative weekly newspaper.

Protesters remaining at the scene vowed to return Saturday, even if it
means more arrests.

The 29 demonstrators arrested early Friday were taken to the Nashville
jail, only to have Nelson, the night judge, rule the state had not given
them enough time to comply with the new curfew. They were instead issued
misdemeanor citations for trespassing, which carry a $50 fine if they are
found guilty.
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The administration of Gov. Bill Haslam has cited what officials described
as deteriorating security and sanitary conditions on the plaza, saying
that acts of lewd behavior had been observed by workers in state office
buildings.

Safety Commissioner Bill Gibbons said it was unrealistic to meet requests
from protesters for a stronger law enforcement presence to help deter
thefts and altercations often involving homeless people who had attached
themselves to the encampment.

"We don't have the resources to go out and in effect babysit protesters
24-7 ... at the level that would have been necessary to address their
concerns," Gibbons said during a press conference Friday.