City of Asheville Staff Emails: Occupy Asheville

From: Sandra Cole

Subject: FW: Petition for Exception to City County Curfew Ordinance, for Occupy Asheville

Date: 2011-10-07 14:04:39

To:

fyi.

________________________________

From: Jen Foster [mailto:fosterthejen@hotmail.com]
Sent: Friday, October 07, 2011 1:59 PM
To: Wade Wood; Kelly Whitlock; Sandra Cole; terrybellamy@avlcouncil.com
Cc: rosettastarshine@gmail.com
Subject: Petition for Exception to City County Curfew Ordinance, for
Occupy Asheville



Hello Asheville Movers, Shakers and Leaders!




First of all, I can't begin to tell you how exciting this time is and
what opportunity it holds. We are in active collaboration,
collaboration as a community, as a citizenry and police force, for
perhaps one of the most fundamental rights that exist, The First
Amendment, in a manner never seen before, and yes, we are on the
forefront.




The Occupy Movement exists, now in over 800 communities, precisely
because our citizens have decided it would be a good idea to come
together and exercise their First Amendment rights to peaceably assemble
and petition the government of our redresses, of which there are many,
as you all well know. It is the First Amendment, after all, the very
first one.




It is clear and I think we all understand that. There shall be no law
abridging the right of the people peaceably to assemble, and to petition
the Government for a redress of greviances. In United States v.
Cruikshank, 92 U.S. 542 (1876), the Supreme Court said that the "right
of the people peaceably to assemble for the purpose of petitioning
Congress for a redress of grievances, or for anything else connected
with the powers and duties of the national government, is an attribute
of national citizenship, and as such, under the protection of, and
guaranteed by, the United States."




That is why we are so excited in the manner in which our community has
come together thus far in such purposes, which have been entirely
peaceable and quite wonderful since Saturday, October 1, 2011. Thanks to
the incredible heart of Rosetta, we have been feeding everyone and
anyone who so desires every evening at 7pm in Pritchard Park. We have
had plentiful donations of food from the French Broad Co-Op, City
Bakery, and many local restaurants, just to name a few. Rosetta is such
an amazing spirit and I am so proud of her for standing up as a local
business owner, a voice for many, to protect our citizens First
Amendment rights to assemble.




I most wholeheartedly assure you we are peaceful, community-minded. More
community-minded in fact than I ever imagined. We therefore Petition the
City to grant Occupy Asheville an exception under the city curfew
ordinance and allow overnight camping in Pack Square. This will
completely circumvent any potential for any violence at all. We could
immediately assemble a working group to liason regarding any and all
logistics. The point of the Asheville movement is for the community to
come together and talk to each other. If you have heard any reports, our
voices are many, and not only are we healing people, we are feeding
them! Now, that feels good! Thank you Rosetta. With this request, we
would ask Rosetta be given permission to circulate the small business
petition supporting our First Amendment rights.




Please feel free to call my cell this afternoon to discuss.
828-279-8538. We do plan on our General Assembly meeting at 7pm at
McGuire Park in Pack Square, as our alternate location to Pritchard Park
and the drum circle. Perhaps we could have a response and approval
before 5pm and then you could come to the 7pm meeting, speak and we can
establish the game plan.




Thank you again. We all love Asheville.




Jennifer Foster

Attorney at Law


________________________________

Date: Fri, 7 Oct 2011 13:05:52 -0400
Subject: Fwd: occupy asheville petition
From: rosettastarshine@gmail.com
To: fosterthejen@hotmail.com




---------- Forwarded message ----------
From: Wade Wood
Date: Fri, Oct 7, 2011 at 11:08 AM
Subject: RE: occupy asheville petition
To: rosetta star




I’m not clear on what you want to accomplish with the petition – as APD
does and will protect the rights of all people, yet we are responsible
for enforcement of the laws as well.



If you are seeking to petition for exceptions to the City Ordinances to
allow overnight camping, that would be a decision for our legal staff in
conjunction with the City Managers Office and City Council.



Let me know if you need further.



Wade Wood

Interim Chief of Police

Asheville Police Department

(828)259-5901



________________________________

From: rosetta star [mailto:rosettastarshine@gmail.com]
Sent: Friday, October 07, 2011 9:51 AM


To: Wade Wood
Subject: RE: occupy asheville petition





Do you have any input on the petition? Is the protection we are questing
already eminent?


On Oct 7, 2011 9:48 AM, "Wade Wood" wrote:

Thanks…yes we have exchanged emails, and he has spoken with other APD
staff.



Wade Wood

Interim Chief of Police

Asheville Police Department

(828)259-5901



________________________________

From: rosetta star [mailto:rosettastarshine@gmail.com]
Sent: Friday, October 07, 2011 9:47 AM
To: Wade Wood
Subject: RE: occupy asheville petition



David Stewart. I don't know him yet. I heard from council member Gordon
Smith, that he had talked with you.


On Oct 7, 2011 9:45 AM, "Wade Wood" wrote:

Do you feel comfortable in disclosing the other person (s) you are
referring to in your below email, or was this just cc’ed to me.



Thanks,



Wade Wood

Interim Chief of Police

Asheville Police Department

(828)259-5901



________________________________

From: rosetta star [mailto:rosettastarshine@gmail.com]
Sent: Friday, October 07, 2011 9:11 AM
To: Wade Wood
Subject: Fwd: occupy asheville petition




Hello Gentlemen,



I have been asked to prepare a petition requesting the the City Council,
the Mayor, and the APD to protect the constitutional rights of the
citizens of Asheville to peacefully assemble in our town square. We will
be requesting permission to Occupy Pack Square, in a peaceful show of
solidarity with the national movement started by Occupy Wall Street.



Myself and many others will be taking it around to local businesses, and
door to door to get signatures of support. We are hoping that Asheville
will follow in the steps of LA.

Here is a link to a newspaper article about how the city of LA is
handling the movement.



http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2011/10/05/state/n15380
3D40.DTL



No one wants a riot or to create dangerous disorder for our city. This
is our home and we love it. We are asking for the Police to protect us
and our rights.



I am writing because i know you tow have been in communication already
surrounding this issue. Can i please hear what are the hurdles that we
need to overcome to gain the protection of the APD? What does this
petition need to say? What is blocking the city from supporting already?



thank you for your time.

my cell is 606-7386

Sincerely, Rosetta Star

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