UPDATE: Judge Finds Occupy Protesters Guilty

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Updated: 7:49 PM Jan 27, 2012

After denying a motion Friday morning to dismiss the charges against the Occupy Charlottesville protesters arrested on Dec. 1, a Charlottesville judge found the 17 protesters guilty of trespassing in Lee Park after curfew.

Posted: 12:32 PM Jan 27, 2012
Reporter: Chris Stover
Email Address: chris.stover@newsplex.com

Motion to Dismiss

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January 27, 2012

After denying a motion to dismiss the charges against the Occupy Charlottesville protesters arrested on Dec. 1, a judge found the group guilty of trespassing in Lee Park after hours.

"We stipulated to all the facts necessary to convict my clients, but I think the judge was absolutely dead wrong on the constitutionality of this ordinance," said defense attorney Jeffrey Fogel.

Friday morning in Charlottesville General District Court, the 17 protesters were ordered to pay a $100 fine. The 18th protester arrested that night pleaded guilty last month.

Fogel submitted the motion to dismiss last week, claiming that the city's ordinance allowing the director of parks and recreation to waive the curfew at Lee Park without any standards is unconstitutional. He argued that would make the arrests unwarranted.

The judge disagreed, ruling the parks director is acting under a larger authority. Fogel argued back, calling the director a puppet for Charlottesville City Council.

"It was city council who made every decision in this case about granting a permit, the extent of the permit and the decision not to grant a permit. They have no role in the permitting process," he said.

Council member Dave Norris sent CBS19 this response.

"I would just note that the special use permit process is administered by City staff, not by City Council, partly for the very reason that Mr. Fogel points out decisions about special use permits should be as depoliticized/content-neutral as possible," said Norris.

Plenty of occupy members were outside the courthouse to show support for one arrested protester, 32-year-old Veronica Fitzhugh. She was charged with trespassing, along with the other protesters, and police added an indecent exposure charge for taking her clothes off before being arrested.

However, the indecent exposure charge was dropped.

"What [the judge] knew is what I knew, which is you cannot charge somebody for mere nudity," Fogel told CBS19.

In all, police arrested 18 protesters in the early morning hours of Dec. 1 at Lee Park. The permit for the group to camp in the park expired at 11 p.m. on Nov. 30 and was not renewed. In protest, many of the Occupy members stayed after the curfew to be arrested.

As for the occupy movement, one protester say it's not over.

"It wasn't just about us getting acquitted. We're here for larger issues in terms of the policies of our government and inequalities in this society," said Frank Richards.

Fogel agrees that it might not be over. He will talk to his clients about filing an appeal.

Latest Comments

Posted by: G on Jan 29, 2012 at 05:12 PM

Don't let the Puritans and the Tories get you down, Veronica.

Posted by: sunil Location: charlottesville on Jan 28, 2012 at 10:11 PM

It sounds like that judge thinks this is San Francisco. anyway all jokes aside I want to know what studies there quoting here.

Posted by: Veronica Haunani Fitzhugh on Jan 28, 2012 at 05:14 PM

If you had read the study I cited, all of the risk factors were the same except race.

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