The federal judge has ordered that the bans on Asheville activists from city parks be lifted until the lawsuit is decided. The ACLU of North Carolina filed the lawsuit against the city in spring 2023 on behalf of activists banned from parks for three years.
In October, the N.C. ACLU requested the bans be lifted, citing constitutional rights violations and hindrances to their work assisting the homeless.
The bans stemmed from activists being charged with felony littering after a protest in December 2021 at Aston Park for homeless shelter.
The judge found that the bans could irreparably harm the activists’ First Amendment rights as they advocate for the homeless in parks, stressing the importance of protected public speech.
Activists used city parks to distribute aid, and their due process rights may have been violated by the bans imposed without proper hearings.
The judge noted the lack of procedural safeguards in the bans and suggested holding hearings before implementing bans to avoid wrongful exclusions.
If the city prevails in the lawsuit, the bans could be reinstated, causing personal and economic repercussions for the activists without the injunction.
One activist, employed by a food justice nonprofit, faces job loss due to the ban preventing park-related responsibilities.
Before the injunction comes into effect, the activists must provide a security deposit to cover potential costs if the bans are deemed lawful.
