More Good News

Hark!

More good news! On Monday, March 25, a District Court judge issued a decision that our park bans will be lifted for the duration of the court proceedings. This is a big win! On a personal level, we can once again legally enter parks for fun, organizing, and as part of our jobs. We can have outdoor space to meet, run around with our kids and friends, attend public meetings, and share food.

It is also a positive sign for the health of our claim. The judgement highlighted that the injunction was based on our likelihood of success in proving lack of due process. It focused on how the appeal process was “merely a pretense and not bona fide opportunities for the plaintiffs to be heard.”

The judgement also highlighted the importance of the accessibility of public space. It said (internal quotations and citations omitted):

“Streets and parks have immemorially been held in trust for the use of the public, and have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions.”

In other words…. PARKS ARE FOR EVERYONE!

It is important for this fight to focus on how public space should be for all of us. Although on a personal level it is a relief to have access to public space again, it is exciting to be part of reinforcing the fact that access to space, the ability to meet with others, and being able to speak up for one’s beliefs are basic rights. When we gained access to the list of banned individuals from Asheville City Parks, we noticed that the majority of the names were either homeless individuals, or people involved in distributing food to homeless individuals. Our hope is that this case will highlight the bias and inequities within the process of barring people from public space.

Check out the Asheville Citizen-Times’ article about this judgement, and the ACLU press release.

In related news, the journalists arrested on Christmas 2021 (while reporting on the protest at issue in our felony littering charges) are continuing to pursue their own appeals process. The media members were arrested first, despite repeating that they were press many times. This Citizen-Times article highlights how their case is exceptional. It shows these journalists are being treated very differently than similar cases. We wish them the best in challenging their charges!

A brief update on our criminal charges: We continue to receive little-to-no communication from the Buncombe County District Attorney’s office. Many of us have been “off the calendar” for 15 months; this means that though we still have pending felony charges affecting our housing, employment, schooling, etc., we don’t have a next court date or any indication when this nonsense will end.

Thanks y’all for reading and supporting, we’re so grateful. And we will see you in the parks!!