By Susan Dickson
Staff Writer
CHAPEL HILL – The Chapel Hill Town Council voted 8-1 on Monday to approve regulations that make it illegal to camp overnight at Peace and Justice Plaza and other public spaces.
The discussion stemmed from a January memo from Town Manager Roger Stancil stating that the Occupy movement brought to light the need for the town to review its enforcement of ordinances regulating the use of public spaces and facilities. Though previous regulations also prohibited overnight camping, town officials decided not to enforce that and other rules while the Occupy Chapel Hill movement camped at the plaza.
“I was a little troubled during the Occupy experience because I personally had sympathies with the message, for one; but two, I also knew we had regulations,†Mayor Mark Kleinschmidt said. “I didn’t want those regulations enforced because I had sympathies with the message, and that’s a problem. … We have to have rules that … apply to anyone who wants to use that space.â€
Occupy Chapel Hill took down its encampment at Peace and Justice Plaza on Jan. 10, but tents occupied by homeless individuals remained on the plaza. As of last week, one tent remained, displaying a sign that indicated the occupation was a political protest. But by Wednesday, that tent had been taken down.
The approved ordinance, which applies to Peace and Justice Plaza in front of the post office and the entryway near Bank of America Plaza on Franklin Street, prohibits groups from using the space between 2 a.m. and 7 a.m. In addition, groups must apply for permits 48 hours in advance in order to use either space, though groups without permits may use the spaces for up to three hours if the spaces aren’t already reserved by other groups.
The regulation also stipulates that permits won’t be issued for more than seven consecutive days to the same group and that groups can’t reserve both sides of Peace and Justice Plaza at the same time.
Those who violate the regulations could be fined up to $500.
Council member Jim Ward said he would have preferred to allow groups to stay overnight at the plaza.
“I think the more freedoms we can give people, the better off we are. I think we are who we are because of that kind of attitude,†he said.
However, others said they felt that camping overnight wasn’t appropriate, given that the town has to make bathrooms available in order for that to be acceptable.
Council member Laurin Easthom cast the lone vote against the regulations, saying she felt the council needed to have a discussion on civil disobedience before implementing such an ordinance.
Several members of the public spoke in opposition of the regulations, saying they hinder First Amendment rights.
“We must err on the side of openness and access to the public commons,†said Will Raymond, adding that there are “vanishingly few public spaces left to assemble as citizens. If not Peace and Justice Plaza, where?â€
“What concerns me is that the people who are down there peacefully and who are trying to work for a better change for our community and our state may end up, if the wrong ordinances are passed, with fewer rights than the bar patrons who organize outside bars,†said Carol Edmonds.
Others argued that enforcement of the regulations was needed in order to respect the interests of all of the town’s residents and visitors.
Brandy McDonald, who owns East End Oyster and Martini Bar, across Henderson Street from Peace and Justice Plaza, urged the board to enforce regulations.
“You’ve allowed numerous regulations to be broken without consequence,†she said. “I think it is … unconstitutional to pick and choose who has to adhere to town code and who does not.â€