Asheville Federal Judge Denies Dismissal of Park Ban Lawsuit

Asheville Federal Judge Denies Dismissal of Park Ban Lawsuit

A federal district court judge in Asheville has ruled against the city in a lawsuit filed by 15 activists challenging park bans that they say violate their First and 14th Amendment rights. The activists were banned from city parks for three years following felony littering charges after a protest in Aston Park in 2021. The lawsuit, filed by the American Civil Liberties Union of North Carolina, alleges that the bans infringe on the activists’ due process and First Amendment rights.

Key Rulings

The judge, Chief Judge Martin Reidinger, denied the city’s motion to dismiss most of the claims brought by the ACLU. While he dismissed the claims regarding the vagueness of the city’s Park Ban Policy, he ruled in favor of the activists on allegations of due process violations and retaliation for their protest activities. Reidinger also denied qualified immunity for one government official, Parks and Recreation Director C. Tyrell McGirt, allowing the lawsuit to proceed.

Impact on Activists

The park bans have had a significant impact on the activists’ lives, work, and ability to engage in mutual aid activities. Many of the activists were volunteers with mutual aid organizations and relied on city parks to distribute food and supplies to the unhoused population. The bans have not only restricted their access to public spaces but have also hindered their ability to exercise their constitutional rights to assembly and free speech.

Call for Policy Change

The activists involved in the lawsuit are not only seeking to overturn the park bans but also to bring about changes to the city’s Park Ban Policy. They argue that the policy is open to arbitrary enforcement and can be used to target individuals without due process. By challenging the policy in court, the activists hope to ensure that similar incidents do not occur in the future and that their constitutional rights are protected.

Appeal and Next Steps

The city has filed a notice to appeal the denial of qualified immunity to the Fourth Circuit Court of Appeals. The N.C. ACLU plans to continue fighting the appeal and advocating for the activists’ rights. A preliminary injunction to lift the park bans while the case is pending is still under consideration by the court, with a decision pending.

Conclusion

The federal judge’s decision to allow the lawsuit to proceed marks a significant victory for the activists challenging the park bans in Asheville. The case raises important questions about the limits of government authority in restricting access to public spaces and the protection of constitutional rights. As the legal battle continues, the activists remain committed to seeking justice and policy change to prevent similar incidents in the future.