When the Charlotte City Council passed strict security rules in January for policing the Democratic National Convention, they said the new law would be used for “extraordinary events” drawing large crowds, such as Speed Street and the Fourth of July celebration in Uptown.
But on Monday, Charlotte City Manager Curt Walton designated two other events as "extraordinary" — Thursday's Duke Energy annual shareholder meeting and the Bank of America annual shareholder meeting on May 9.
The City Council approved the new rules to prevent violent protests and to block camping overnight on city property. The 10-to-1 vote on January 23 effectively evicted members of Occupy Charlotte from sleeping in tents on the front lawn of Old City Hall.
Charlotte’s new security rules may also affect residents who risk arrest if they inadvertently violate the new restrictions.
Law enforcement will be given broader powers during these events to search backpacks, coolers, satchels and messenger bags. That includes briefcases and carry-on luggage — the kind with wheels often used by lawyers to transport reams of documents.
The new ordinances also detail a list of items that are grounds for arrest. Among them: spray paint, permanent markers, hammers, crowbars, box cutters, utility knives, chains, padlocks, lumber, plastic pipe, pepper spray, mace and police scanners.
ACLU of North Carolina Legal Director Katy Parker says the Charlotte’s security rules place “unlimited discretion” in the hands of Walton.
“We have a concern about that much power in the hands of the city manager—it could really chill free speech,” Parker says.
Parker adds that the public did not have the opportunity to weigh in on the designation of an extraordinary event at a hearing, nor were today’s designations discussed by City Council.
“I don’t think the city council even has a say, and certainly not the community,” Parker says.
"Extraordinary events" are defined by Charlotte as "a large-scale event or an event of national or international significance which might attract a significant number of people to a certain geographic area of the city." City officials laid out the rationale for designating the shareholder meetings as extraordinary events in a news release Monday.
According to the city, Charlotte-Mecklenburg Police Chief Rodney Monroe sent an advisory that demonstrators have gathered outside these meetings in the past and that "reliable information indicated that significant numbers of demonstrators are expected to attend" the upcoming events.
Monroe expects that significant public resources will be needed for the two upcoming shareholder meetings, according to the city.
Duke Energy shareholder meetings are typically a big draw for demonstrations. Last year, environmental groups competed with protesters from conservative organizations FreedomWorks and the National Center for Public Policy Research for attention.
In February, six activists from Greenpeace—including Monica Embrey, the head of its Charlotte office—were arrested after a protest in front of Duke Energy's headquarters. The city cites this demonstration's use of 20-foot-tall tripods as one of the reasons for the "extraordinary event" designation.
The new security rules will apply to an area bounded by Tryon Street, Stonewall Street, Graham Street and Martin Luther King, Jr. Boulevard on Thursday—the day of the Duke Energy meeting—from 12:01 a.m. to 11:59 p.m.
For the Bank of America shareholder meeting on May 9, the "extraordinary event" designation will apply to an area bounded by Trade Street, the CATS Blue Line rail line, Sixth Street and Tryon Street from 12:01 a.m. to 11:59 p.m.
The city points to a November demonstration by anti-coal activists that led to the arrest of eight as a reason for the designation in BofA's case. The city also noted that demonstrators caused disruptions after entering two of the bank's branches.
In the past, protests against the Charlotte banking giant have seen activists scaling construction cranes or donning Santa Claus outfits (and carrying stockings full of coal).
Additional reporting from Occupy.com:
According to Laurel Green of Occupy Charlotte, the new measure is all the more shocking because of the generally good relationship Charlotte's police department has maintained with occupiers over the past seven months. "The police have done a really good job and it seems like the City Council and city manager, by invoking these extreme ordinances when they’re clearly politically biased, puts the police in a really difficult position," she said.
"Curt Walton has taken action that is going to dramatically increase both the numbers of people and the tension. All of us have worked hard to maintain a good and respectful relationship," she added. "I really think that the Bank of America meeting [next week] is going to be a learning experience to prepare us for what the Democratic National Convention is going to look like."
Duke Energy has enormous investments in coal and nuclear energy, and a virtual monopoly on utilities. Duke has also proposed a merger with Progress Energy, which would make them the largest energy provider in the United States. With the shareholders meeting set to begin at 10am, Occupy Charlotte plans to gather at 8am outside of the "Extraordinary Event" zone and march in.
[Another background tidbit: the City of Charlotte recently claimed that Occupy Charlotte’s logo constitutes copyright infringement. On April 10, Occupy Charlotte received an email from the City’s Assistant Director of Corporate Communications and Marketing, Keith Richardson, stating, “In reviewing your web page, crown artwork, which is registered by the City of Charlotte, was discovered. …[T]he City of Charlotte, a municipal corporation, is the sole custodian of this crown logo and its use. Therefore, any use or application of the symbol must be reviewed and approved by the City.”
According to the Occupy Charlotte website: "Occupy Charlotte members are flattered that City officials are trying to learn more about Occupy Charlotte by “reviewing” www.OccupyClt.net, but they wonder if this is the best use of taxpayer-funded time. Moreover, Occupy Charlotte members are curious as to whether other groups or individuals which use a crown logo have been “reviewed and approved by the City.”
According to the ACLU's Parker, “In order to sue for infringement, the trademark owner must first show that the alleged infringer used the owner’s mark ‘in commerce,’ and that 'the alleged violator’s use must have created a likelihood of consumer confusion.' She further states that "it appears to [her] that OC’s use of the City’s logo constitutes ‘fair use.’”
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