City of Asheville Staff Emails: Occupy Asheville

From: Bob Oast

Subject: RE: Occupy Asheville

Date: 2011-10-21 11:34:46

To:

Where is this wise and seasoned legal counsel you refer to?

________________________________

From: Gary Jackson
Sent: Tuesday, October 18, 2011 8:11 PM
To: Gordon Smith; councilgroup
Cc: Bob Oast; Jeff Richardson
Subject: Re: Occupy Asheville


Glad to have your questions, some which will be covered in our staff
report for next Tuesday's meeting and some which may be best addressed
in private legal counsel. We are fortunate to have wise and seasoned
legal counsel. Gary

Sent from my iPhone

On Oct 18, 2011, at 12:15 PM, "Gary Jackson"
wrote:



Gordon - Jeff and Bob will collaborate on a response.

Sent from my iPhone

On Oct 18, 2011, at 1:38 PM, "Gordon Smith"
wrote:

> Gary, Jeff, Bob, et al.,
>
> I have a number of questions about Occupy Asheville (OA).
Thanks for your willingness to investigate these questions and help us
make good decisions at our next Council meeting.
>
> 1) I understand that there have been public safety issues at
the encampment. Have these been reported to APD? On a Facebook post, one
woman reported an assault that was thwarted by other campers.
>
> 2) I understand, again via Facebook, that there are growing
health needs as evidenced by calls for donations of items such as Gold
Bond and antifungals.
>
> 3) Were the city to maintain this arrangement, what would be
the cost in lost revenue, enforcement, and other associated activities?
>
> 4) Were the city to maintain this arrangement, what are the
legal implications for the City if future political organizations
request similar arrangements?
>
> 5) Were the city to open any public space to such an
encampment, what are the legal implications for the city in regards to
the current encampment and any future requests from political
organizations?
>
> 6) Regarding assembly during current permitted park hours - at
what point does an ongoing gathering require a permit under our current
ordinance?
>
> 7) What process might the OA pursue if they wanted to move
their operations to private property and stay within the law?
>
> 8) What is the City's position regarding 1st Amendment claims
made by some members of OA?
>
> If there are any other relevant matters that you feel would
help Council understand the present situation and future implications,
please share them.
>
> Thanks again for your time and attention. This is a strange
and unique situation, and I understand that everyone's doing their best
to find solutions.
>
> Gordon
>
>

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