City of Asheville Staff Emails: Occupy Asheville

From: Gary Jackson

Subject: Re: Occupy Asheville

Date: 2011-10-21 16:57:28

To:

Ha

Sent from my iPhone

On Oct 21, 2011, at 11:34 AM, "Bob Oast" wrote:



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" <
GJackson@ashevillenc.gov> wrote:



Gordon - Jeff and Bob will collaborate on a response.

Sent from my iPhone

On Oct 18, 2011, at 1:38 PM, "Gordon Smith" <
gordonsmithasheville@gmail.com>
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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