Federal Judge Backs S.C. No-Camping Rule

A federal judge on Thursday backed an emergency regulation passed earlier this week by South Carolina’s Budget and Control Board (BCB), ruling that Occupy Columbia protesters could stay on state grounds overnight, but could not sleep, camp, or cook food.
Federal Judge Backs S.C. No-Camping Rule
12/23/2011
Updated:
9/29/2015

A federal judge on Thursday backed an emergency regulation passed earlier this week by South Carolina’s Budget and Control Board (BCB), ruling that Occupy Columbia protesters could stay on state grounds overnight, but could not sleep, camp, or cook food.

Judge Cameron McGowan Currie supported the board’s ruling after initially granting protesters an injunction to prevent police from arresting them for violating the park’s 6 p.m. curfew. The BCB rule and subsequent ruling by Judge Currie now override the injunction.

According to a report by Columbia’s WACH television, Butch Bowers, attorney for Gov. Nikki Haley said, “The judge’s ruling means that the regulation adopted by the Budget and Control Board is a reasonable time, place, and manner restriction and therefore is part of state law now.”

“The governor and the Budget and Control Board they are going to give a reasonable amount of time. They are not going to start removing things now. Hopefully we can work out a reasonable time,” said Occupy Columbia attorney Reynolds Blakenship, in the same report.

The regulation is part of South Carolina’s response to the months long Occupy Columbia protest. Other cities across the United States have brought in police and cleared encampments from parks; Denver police cleared protesters from the city’s Civic Center Park late Monday night.

Proposed last week and passed on Tuesday, the new Statehouse policies would prohibit, “camping, sleeping, and taking up living accommodations upon Statehouse grounds and all buildings located on the grounds.” The policies also include no cooking or “preparing of food,” as well as regular business hours to when the Statehouse and grounds may be used.

Federal Judge Cameron McGowan Currie ruled earlier this month that the protesters could continue sleeping on Statehouse grounds after Gov. Nikki Haley ordered protesters to be arrested on Nov.16, if protesting after 6 p.m.

The judge ruled that charges of trespassing be dismissed against 19 protesters arrested that night, and suggested the BCB put rules in place if they did not want camping on the grounds.

The BCB’s meeting held specifically for approving new Statehouse policies was filmed live by Educational TV (ETV) and Occupy Columbia protesters, who also attended the meeting.

Under the new policy, groups have to obtain permission through internal policies to use the grounds.

Gov. Haley had said that the Statehouse is a place for the people and people should stay involved in the government that represents them.

“This is not about the Occupiers. It is about camping on the Statehouse grounds,” said Haley at the meeting. Haley said that homeless people have never been allowed to sleep on the grounds’ benches, and neither should others.

“Enjoy your First Amendment rights. That is what we want you to do but we do not want this to be a campground,” said Haley.

After Gov. Haley’s earlier announcement, she answered questions from media and protestors. One protester in the crowd said that they had not been cooking on the grounds and that was a lie. Haley responded by saying they are not allowed to camp.

“This is not about camping. We are not camping,” said one protester after the BCB’s meeting. According to the protesters, occupying the grounds is their way of protesting and a way to have their voices heard.

Haley would not comment on the protesters concerns of corporate greed and said it does not matter whether she agrees with a cause. The concern for Haley and the BCB remains focused on the Statehouse grounds and how the grounds are used.