Judge rules against anti-Moral Monday Legislative Building rules | News
News
INDY Week's news blog

Archives | RSS

Monday, June 16, 2014

Judge rules against anti-Moral Monday Legislative Building rules

Posted by on Mon, Jun 16, 2014 at 2:30 PM

A Wake County judge has issued a temporary restraining order against
three parts of a controversial set of building rules passed by General Assembly lawmakers this summer. The ruling came about from a complaint filed by the
North Carolina NAACP.

The Legislative Services Commission passed the new
rules this June just as Moral Monday protests were ramping up.
Moral Monday called the rules a "blatant attempt to silence
the Moral Mondays protests."

The broad new rules, ostensibly passed to bring some
regulations into compliance with the N.C. Constitution, prohibited
"disturbances" and "imminent disturbances." This was further
clarified as: talking loudly, clapping, chanting, or playing
music. Citizens were expected to talk in a "normal" tone of voice
while in the Legislative Building.

Judge Carl Fox of Wake County Superior Court, ruled
against this specific provision, since what counts as a "normal" voice differs from
person to person.

Judge Fox upheld the new rules ban on creating a "disturbance" or
an "imminent disturbance."

Another provision in the new rules prohibited citizens from impeding
or obstructing doors, stairways, or hallways in the legislative
chamber. Judge Fox ruled that given that the Legislative Building
was public, the GA did not have the right to impede
free movement. Thirdly, Judge Fox temporarily enjoined a new rule
that blocked signs that could be "used to disturb the General Assembly"
as over-broad and vague.

"This decision is a tremendous victory for protecting the time-honored principle of the 'Rule of Law," said Atty. Irv Joyner, NCCU Law professor and a member of the NC NAACP legal team.

Reverend Dr. William J. Barber II, president of the NAACP said, "What Speaker Tillis tried to do in the dark has now come to the light in the courts, and it has been found wanting. We would not be silenced by these rules changes this session, and we look forward to returning to the People's House this Monday to petition our lawmakers for the redress of grievances as is our constitutional right."

Tags: , , , ,

Pin It

Comments

Subscribe to this thread:

Add a comment

INDY Week publishes all kinds of comments, but we don't publish everything.

  • Comments that are not contributing to the conversation will be removed.
  • Comments that include ad hominem attacks will also be removed.
  • Please do not copy and paste the full text of a press release.

Permitted HTML:
  • To create paragraphs in your comment, type <p> at the start of a paragraph and </p> at the end of each paragraph.
  • To create bold text, type <b>bolded text</b> (please note the closing tag, </b>).
  • To create italicized text, type <i>italicized text</i> (please note the closing tag, </i>).
  • Proper web addresses will automatically become links.

Latest in News



Twitter Activity

Comments

Mr. Goldsmith, please read Jennifer's post below. If you have journalistic integrity, please fix your blog as it shows up …

by Sherry D. on Mayor McFarlane Will Not Be Turned Away from Democratic Party Events, Spokesman Says (News)

Look Lisa, your grandfather's story is tough. I would suggest however that he is a victim of capitalist oppression, not …

by CPF (CommiePinkoFag) on “Durham’s a Bright Light for Our Movement”: After Their Cases Were Continued Until November, Defend Durham Activists Took a Victory Lap (News)

Most Recent Comments

Mr. Goldsmith, please read Jennifer's post below. If you have journalistic integrity, please fix your blog as it shows up …

by Sherry D. on Mayor McFarlane Will Not Be Turned Away from Democratic Party Events, Spokesman Says (News)

Look Lisa, your grandfather's story is tough. I would suggest however that he is a victim of capitalist oppression, not …

by CPF (CommiePinkoFag) on “Durham’s a Bright Light for Our Movement”: After Their Cases Were Continued Until November, Defend Durham Activists Took a Victory Lap (News)

Apparently we must hope that the N&O doesn't follow through on this trend by deciding that they will cover legislative …

by khoragos on The N&O’s Performing Arts Correspondent Says the Paper Is Cutting Back on Performing Arts Reviews (News)

Cancelling the parade affects all people. I usually went just for the parade, not the night events. Parents take their …

by Aiden on Carolina Jews for Justice Says NC Pride Schedule Fix Isn't Enough (News)

I should also add that it was professor Daniel Sherman who penned the letter that we all signed after some …

by elin o'Hara slavick on UNC Faculty Members Call for the Removal of Silent Sam (News)

© 2017 Indy Week • 320 E. Chapel Hill St., Suite 200, Durham, NC 27701 • phone 919-286-1972 • fax 919-286-4274
RSS Feeds | Powered by Foundation