By Stephen C. Webster
Tuesday, November 8, 2011
For the third night in a row, protesters with “Occupy Fresno” were arrested for gathering in a public park, apparently in violation of a county ordinance that labeled them trespassers.
At least 20 were arrested over the weekend. Nine more were led away in handcuffs on Monday night.
While they could have moved their demonstration to the sidewalks at night to avoid the arrests, they’ve steadfastly refused, equating that action with forfeiture of their constitutional right to freedom of assembly.
Facing another round of arrests on Monday night, they continued to stand firm against police orders, chanting, “Hell no, we won’t go! Occupy Fresno!” and forcing officers to physically remove them. READ MORE
READ THE FIRST AMENDMENT HERE
These laws get passed because, while it is reasonable that public places be closed for certain hours, for some very rational and/or practical reasons, none of these laws state; "May also be used to prevent the people from peacefully assembling, if they should so choose to try!" Which is exactly the way they are being used now.
ReplyDeleteClearly, the use of these laws for illegal purposes is not and cannot be sanctioned. Thus the U.S.S.C., if confronted, must enforce the Constitution and rule that the rights of the people to peacefully assemble cannot be abridged or prevented!
It's one thing to close the park overnight, to people who just want to stroll, picnic or otherwise recreate etc. But the limits of the law is reached when the use of the public land is for the purpose of the people to peacefully assemble! Then, the law to shutter that public space loses it's legal force and power!
Obwon