Protestors allowed to camp on Statehouse grounds
Criminal charges against 19 “Occupy Columbia” protesters who were arrested two weeks ago are being dropped, according to Solicitor Dan Johnson.
Demonstrators gathered Thursday with one of their attorneys, Joe McCulloch, to declare victory for the movement over Gov. Nikki Haley.
“We are here to announce a victory — a victory for the First Amendment,” McCulloch said.
The 19 arrested were charged under a state statute that makes it illegal to “use the Statehouse or grounds for any purpose not authorized by law,” but Johnson expressed concerns about the constitutionality of the arrests.
“These 19 individuals were out there exercising their First Amendment right to free speech,” he said in a phone interview with The Daily Gamecock. “That is a purpose that is authorized by law.”
As a result, the state couldn’t prove the occupiers’ guilt.
“We would not be able to prove that essential element [of an unauthorized use of the grounds], and therefore, it is my duty to dismiss the case,” Johnson said. “A lot of people forget that a prosecutor’s duty is not just to prosecute but also to do justice, so we acted as swiftly as we could after a thorough investigation.”
Johnson also expressed his concern about the ambiguity of the statute; the law does not explicitly list any authorized — or unauthorized — uses of the Statehouse.
“[For a successful case], they would have had to have been there doing some conduct for a purpose that was not authorized by law,” he said. “That statement is vague, and that is what makes that statute most likely unconstitutional.”
The decision came after Judge Alison Lee issued a temporary restraining order last Wednesday against Haley to allow the group to reestablish a camp on the grounds 24/7 — sleeping bags, tents and all.
That order was set to expire on Saturday, raising questions about the fate of “Occupy’s” encampment and the possibility of additional arrests, especially as protesters had expressed their intent to remain on the grounds. The state’s lawyers, however, agreed on Thursday evening to extend the deadline by 15 days, Noelle Phillips of The State newspaper reported on Twitter. The extension followed state lawyers’ request that Occupy Columbia’s civil suit against Haley be moved to federal court, thereby canceling a hearing originally scheduled at the Richland County Courthouse yesterday morning.
The extension contradicted an announcement two days prior by Leroy Smith, director of the Department of Public Safety, that officers would not arrest demonstrators who remained on the grounds after 6 p.m., so long as they didn’t bring back their sleeping bags; tents had not previously been allowed during the occupation’s duration.
Columbia retailer Gary Karr, who has occupied the statehouse grounds since the beginning of the movement, said that maintaining a 24/7 presence outside the Statehouse is important to the protest’s message. He is confident that the movement will find support in federal court.
“We have a strong reputation in Columbia of being respectful, peaceful and cooperative,” Karr said. “Whatever [the state’s] motives for moving the case, it’s going to be hard for them.”