Tennessee lawmakers moved Wednesday toward passing the "Equal Access Public Property Act of 2012" that was prompted by Occupy campouts on government property. The Judiciary subcommittee in the House of Representatives approved a measure that would bar camping on state property without permission.
Rep. Eric Watson, R-Cleveland, said, "This puts the Legislature on track to authorize removal of the encampment on State Capitol grounds within a matter of weeks. Occupy Nashville has fostered crime, lewdness and unsanitary conditions since it began in October.
It’s shameful what has been taking place on the plaza;”
He said there have been more then 1,250 calls of service to Metro Police "concerning crime on the plaza and 131 arrests for committing acts such as Illegal drugs, public intoxication, aggravated assault with a deadly weapon, theft of private property, housing sex offenders, indecent exposure, open sexual acts, and thousands of dollars of damage to the plaza."
He said, "These actions have to stop."
The subcommittee vote on Wednesday marked the first move against Occupy Nashville since U.S. District Judge Aleta A. Trauger issued an injunction in November preventing the Haslam administration from enforcing new rules that ban camping on War Memorial Plaza. The ruling came after state troopers arrested a total of 49 people as they tried to break up the encampment in late October. The no-camping policy restrains free speech rights and the administration failed to follow proper rulemaking procedures, Judge Trauger said.
Supporters said the bill, which Rep. Watson presented in an amended form Wednesday, cites a 1984 U.S. Supreme Court decision that allowed the government to impose a similar camping ban on the National Mall and Lafayette Square, a park across the street from the White House where protesters have held a continuous peace vigil for the past 30 years The new rules would ban tents, tarps, sleeping bags, toilets, and camp stoves on state property that has not been set aside for camping.
Lawmakers said the bill "would set reasonable limits on protests while allowing them to remain, even overnight."
“I think this very clearly gives them the opportunity to protest but still puts safeguards in,” said Rep. Jon Lundberg, R-Bristol.
Rep. Watson, who noted that his office at the Capitol looks out at the Occupy Nashville protest, said the restrictions are needed so others can enjoy the plaza. “I wouldn’t want my family to visit the plaza due to the crime or seeing something very inappropriate,” he said. “It’s very sad. The plaza is an historic landmark that was built in 1925 to honor our solders who died in World War 1, Korean War veterans and Vietnam War veterans, and it should remain a sacred ground.”
Wednesday’s vote sends the measure to the House Judiciary Committee, which is scheduled to take it up Tuesday. The committee’s Senate counterpart is also slated to take the measure up Tuesday
Rep. Watson said, "For any one group to take over and dominate a piece of property thereby preventing other members of the public from using that space is equal to the theft of what rightfully belongs to the whole public. We can't stand by and let this continue. I am a strong proponent of First Amendment rights. But I am not a proponent of setting up housing on the public property and defacing it. It's wrong. It's just wrong."