City of Asheville Staff Emails: Occupy Asheville

From: Jannice Ashley

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

Date: 2011-10-07 16:21:47

To:

FYI-

Bob and I have talked to the City Manager. Gary is going to call Wade
and ask him to convey to the organizer of this group that there is a
curfew ordinance (as he already told them) that prevents camping
overnight in the park and it can not be changed unless the matter is
heard before City Council-the earliest opportunity to do so will be this
upcoming Tues. I will be available to talk to their attorney is
necessary.



Jannice



Jannice Ashley, AICP

Associate City Attorney-Legal Dept.

City of Asheville

828-259-5612

jashley@ashevillenc.gov



P Think Green! Please do not print this e-mail unless necessary









________________________________

From: Bob Oast
Sent: Friday, October 07, 2011 3:30 PM
To: Jannice Ashley; Kelly Whitlock; Martha McGlohon
Cc: Gary Jackson; Wade Wood
Subject: Fwd: Petition for Exception to City County Curfew Ordinance,
for Occupy Asheville



Although i knew that this event was going on, this is the first i have
heard of this petition. Of course, Council could not act on this until
Tuesday. Is anyone coordinating a review of this?




Sent from my iPhone


Begin forwarded message:

From: "Sandra Cole"
Date: October 7, 2011 2:04:39 PM EDT
To: "Bob Oast"
Cc: "Martha McGlohon" ,

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

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 <
wwood@ashevillenc.gov>
Date: Fri, Oct 7, 2011 at 11:08 AM
Subject: RE: occupy asheville petition
To: rosetta star <
rosettastarshine@gmail.com>



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" <
wwood@ashevillenc.gov> 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" <
wwood@ashevillenc.gov> 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.




03D40.DTL>
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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