The Hamilton County Commission again attached an “emergency resolution” to their agenda, with no prior public announcement, in an attempt to take further steps in removing Occupy Chattanooga from the Hamilton County Courthouse Lawn. The County Commission
Occupy Chattanooga
Occupy Chattanooga Responds to Hamilton County Commission Resolution
Chattanooga, TN, 4 January 2012 – In its regular weekly meeting, The Hamilton County Commission passed Resolution 112-13, establishing rules and regulations for use of Hamilton County-owned grounds and facilities by the general public. The resolution sets in place an application process and establishes rules for the use of County-owned property and facilities.
The resolution was not on the meeting agenda, nor was it announced in advance of the meeting. As articulated in the Tennessee Open Meetings Act, it is the policy of the State of Tennessee “that the formation of public policy and decisions is public business and shall not be conducted in secret.” The Commission’s continued use of secrecy to bring resolutions against Occupy Chattanooga violates the spirit, and possibly the letter, of the Tennessee Open Meetings Act and is yet another example of the corruption against which Occupy Chattanooga protests.
The specifics of the resolution make clear that it is intended to target the activities of Occupy Chattanooga, currently established on the lawn of the County Courthouse. The resolution purports to be applicable immediately. However, no emergency exists requiring the promulgation of new rules. It is the position of Occupy Chattanooga that this “new use” policy unconstitutionally limits access by the public to a forum universally accepted to be an area protected for the speech of the governed, and that it constitutes an impermissible prior restraint on Occupy Chattanooga’s free speech rights.
County officials have stated that they disagree with the mission and message of the Occupy Movement, as is their right. However, they do not act within their rights when they bring the force of their public authority against Constitutionally protected free speech, based solely on their personal opinions and in defiance of law. Occupy Chattanooga will continue working to bring the public’s attention to activities such as those undertaken by the Hamilton County Commission. We insist on transparency in government and demand that our elected officials uphold the Constitution rather than subverting it. We fight on behalf not only of the Occupy Movement but of all Americans. We are the 99%.
UPDATE 1.4.2012: James Harrison of the Nooga.com has written that the County Commission plans on taking drastic steps to create serious obstacles for citizens seeking to express their First Amendment Rights and demonstrate on Hamilton County Property:
The resolution also requires that future groups seeking to organize demonstrations on county-owned property to be scheduled, reserved and approved through the Department of Parks and Recreation and the offices of the mayor, County Commission and Hamilton County sheriff.
You can read his article in its entirety HERE. The idea that citizens would need to ask permission and seek approval for demonstrations by submitting requests through one public entity, much less four, is an affront to the ideals of democratic society that prizes citizen engagement, public deliberation, and a robust civic culture. The government of Hamilton County is slow-walking its way to a relationship with the citizens that is shockingly totalitarian in nature.