Charlotte convention may not see Occupiers

Occupy Charlotte’s encampment, though it has enjoyed a longer existence than most, might be the next in the nation to be shut down by city officials in time for the Democratic National Convention.

An ordinance, which was introduced by the Charlotte City Council last week, has created an outcry from members of the movement who say it is a violation of their First Amendment right.

The ordinance disallows camping on city property and proposes to update city codes for large events, in particular the upcoming Democratic National Convention in September.

Camping was added to the ordinance regulations after the Occupy Charlotte encampment began in October, said Bob Hagemann, attorney for the city of Charlotte. The City Council plans to vote on it Jan. 23.

City Council member Patsy Kinsey also said the council’s concern is public safety.

“Those who come might demonstrate in an inappropriate way,” she said.

The ordinance also prohibits the possession of body armor, pepper spray, wires and projectiles if used with “the intent to interfere with lawful assembly.”

City officials are still looking into whether the ordinance, which is still only in draft form, infringes on civil liberties, Kinsey said.

Hagemann said the ordinance still allows Occupiers to exercise their right to protest.

“They can still communicate their message just like anyone else,” he said. “But we do not believe camping is protected by the First Amendment. The Occupy groups who have tested that have lost.”

Occupy Charlotte protester Scottie Wingfield said the encampment should be constitutionally protected.

“Overnight Occupying is not camping for recreation. It is camping as demonstration. It is not a ‘public nuisance.’ It is free speech and free assembly,” Wingfield said.

Frank LoMonte, executive director of the Student Press Law Center, said the ordinance would be constitutional if it regulates the behavior of protesters rather than the content of their message.

According to the ordinance, the city would issue protest permits by lottery for particular areas during the Democratic National Convention and similar large events.

Katy Parker, legal director of the N.C. chapter of the American Civil Liberties Union, said other legal issues with the ordinance might arise if it goes into effect.

“A lot of times in enforcement the police can violate people’s rights even if the laws look innocuous,” Parker said.

The ordinance bans any backpack, duffle bag, satchel or cooler “with the intent to conceal weapons or any other prohibited item.” It also bans wearing scarves or masks with the “intent to hide one’s identity while committing a crime.”

Speakers at a public forum Monday expressed concern that these regulations could result in profiling and unreasonable searches. Hagemann said people will only be searched if there is reasonable cause.

The city is open to revisions on the ordinance and is seriously considering some points made at the forum, he said.

Occupy Charlotte plans to fight the ordinance and continue its encampment as long as possible, Wingfield said.

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