Mayor Ashton Hayward’s office sent out the following press release a few minutes ago:
Hayward to Occupiers: No More Tent Cities
Pensacola Mayor Ashton Hayward informed members of the Occupy Pensacola group that the “tent cities” that have been erected in Martin Luther King, Jr, Plaza would no longer be allowed.
Citing an existing city ordinance (Sec. 8-1-7)* prohibiting the construction of enclosures on city property, Hayward informed the Occupy Pensacola members that upon their move to the City Hall courtyard, or 5pm on Friday, tents or other outdoor structures would not be allowed.
Hayward stated that he did not support the protesters’ political sentiments, but that he and city staff had worked hard to be respectful of the protesters’ First Amendment rights. However, the establishment of overnight structures violated city ordinances and posed a public safety problem.
“I’ve tried, and continue to try, to be respectful of the First Amendment rights of the Occupy Pensacola group, by granting them extended permission to congregate on City property, and by providing sanitation services for the health and public safety of the entire downtown area. However, the current – and growing – number of tents and other structures are unacceptable. I am happy to provide the group with an extended presence here at the City Hall courtyard, which they have agreed to. But at this point, for the safety of everyone and the respect of downtown businesses and residents, we are going to start enforcing this ordinance as of 5pm Friday.”
The ordinance falls under the code enforcement section of the City’s codes and ordinances, and any violation would result in a misdemeanor code enforcement violation (a non-criminal offense), and a request to appear before the code enforcement magistrate. Hayward said he did not want to interfere with the group’s right to peaceably assemble, but that the growing presence of tents, makeshift awnings, and tarps tied to trees was unacceptable.
“I hope the Occupy Pensacola folks understand this and will continue to work with the City to ensure the health, safety, and rights of all involved,” concluded Hayward.
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A spokesperson for Occupy Pensacola called the IN offices and said that they will be at the Pensacola City Council tonight. They have an attorney that will argue the constitutionality of their tents.
You can watch the meeting online – http://www.cityofpensacola.com/