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Occupy New Hampshire Argues Park Eviction Before State Supreme Court

Donna Moxley
Occupy movement hits Peterborough

Nearly two and a half years after the city of Manchester evicted Occupy New Hampshire from Veteran’s Park, the group’s case was heard before the state Supreme Court Wednesday. The case hinges on whether the group was exercising free speech when it set up its camp community, among other things.

Occupy New Hampshire caught the wave of protests that swept the nation in October of 2011. The protesters had a city permit to protest during the day in the park, but after only two nights of camping out police removed them, arresting five.

The group contends it was trying to send a message with their encampment.

“What they were showing was that disparate people, from a tea-party representative, free-staters, anarchists, employers the unemployed, veterans, can live together,” says Larry Vogelman, attorney for the five who were arrested.

The occupiers also argue that since they kept their camp clean and free of drug use that they were, in effect, obeying the intent of a city ordinance that banned staying in the park overnight.

The Attorney General’s office argued that line of reasoning would make it impossible for the police to enforce any local ordinance.

Lisa Wolford, an assistant Attorney General, argued if the court adopted a standard of “let’s take them at their word that they’re going to act in a manner consistent with the cities concern,” that would be a standard that “invalidates any significant governmental interest.”

And on the free speech question, Wolford contended, “I’m just not convinced, nor do I think the court should be, that the record establishes that there was an intent here to convey a particularized message.”

The state also points out that the US Supreme Court has already decided that restricting protesters from sleeping in parks is reasonable.

Sam Evans-Brown has been working for New Hampshire Public Radio since 2010, when he began as a freelancer. He shifted gears in 2016 and began producing Outside/In, a podcast and radio show about “the natural world and how we use it.” His work has won him several awards, including two regional Edward R. Murrow awards, one national Murrow, and the Overseas Press Club of America's award for best environmental reporting in any medium. He studied Politics and Spanish at Bates College, and before reporting was variously employed as a Spanish teacher, farmer, bicycle mechanic, ski coach, research assistant, a wilderness trip leader and a technical supporter.

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