The ACLU of Delaware negotiated a last night between Occupy Delaware and the City of Wilmington that allowed Occupy Delaware protesters to move into Peter Spencer Park and set up tents. The settlement was reached after Vice Chancellor Sam Glasscock III issued a temporary restraining order preventing the city from interfering with the encampment.
"The right to free speech is of the utmost importance to a free society," Vice Chancellor Glasscock said. "And the deprivation of the right to speech is irreparable harm."
This is a great victory for Occupy Delaware and our right to assemble and freely express our grievances to our government. The Occupy Movement, along with their tents, is such a pure expression of our free speech rights. It's a great thing to see the First Amendment in action like this, not just here in Wilmington, but all across the country.” -Kathleen MacRae, executive director ACLU-DE
The Battle
Two days ago, ACLU-DE legal director, Richard H, Morse, filed suit against the city for forbidding Occupy Delaware access to Spencer Plaza to exercise their First Amendment rights of assembly and free speech. This action was taken because the city had refused to acknowledge the rights of Occupy Delaware after a letter had been sent to them the previous week.
At a hearing yesterday, Morse argued that the city could not prevent the group from occupying the plaza and setting up tents and could not charge a fee for the use of the plaza because those actions violated the U.S. And Delaware Constitutions. Lawyers for the City of Wilmington argued for a no-tent policy and a fee and also raised security concerns because a bomb could be placed in a tent near the federal court house that abutted the plaza.
Ultimately, Glasscock ruled in favor of the ACLU-DE arguments and issued a one day restraining order pending a full hearing, originally scheduled for today. After the ruling, city officials contacted the ACLU and offered a settlement.
Last night, at the Occupy Delaware general assembly meeting, the group approved the terms of the settlement which included indefinite use of about two thirds of Peter Spencer Plaza away from the federal court house, tents, and no fee. The judge did require an unsecured bond of $200.
2/15/2012 Update: Read the Wilmington News Journal story about Occupy Delaware protests at sheriff's foreclosure auction.
