This article first appeared in the St. Louis Beacon, Nov. 16, 2011 - Occupy St. Louis activists are planning "a funeral service and candlelight vigil'' at Kiener Plaza this evening, to "mourn the death of the Bill of Rights'' in the wake of the judge's decision that allows city officials to keep tents out of the plaza, and impose its 10 p.m.-6 a.m. curfew.
The vigil is at 9 p.m. Wednesday at Kiener, which Occupy activists have renamed "Liberty Square."
The event comes after Occupy activists and lawyers for the city of St. Louis battled in federal court Tuesday, dueling over whether the city's 10 p.m. park curfew -- and its ban against tents -- unfairly curbs free-speech rights.
"The tents are us,'' said Occupy participant John Mills, the first of several who testified Tuesday before Judge Carol Jackson. Late Friday, Jackson had declined to grant a temporary order that would have blocked authorities from removing the tents and the protesters from downtown's Kiener Plaza.
Occupy St. Louis had asked Jackson to issue an order to allow the tents to return, and for the curfew not to be enforced.
But after listening to hours of testimony, the judge ruled that the city was within its rights to enforce its ordinance's restrictions. The tents will stay out.
Since Saturday, the Occupy protesters have been allowed to return -- without tents -- during the public park hours, from 6 a.m. to 10 p.m.
Mills testified that Occupy needed the tents as part of its broader protest against corporate greed and economic inequality. "The medium is the message,'' Mills explained. "For us, the medium is the occupation."
As one of Occupy's lawyers, Maggie Ellinger-Locke, put it, the occupation in Keiner was itself "the speech that needs to be protected."
Donald Dylewski, a lawyer with the St. Louis city counselor's office, disagreed. He pressed Mills and others who testified to state when their free speech and movements had been curbed.
Even after the 10 p.m. curfew, Dylewski said, they can still wave signs and continue their activities on the public sidewalk around Kiener -- just not in the park.
But Mills and other Occupy activists, including Chrissie Brooks, said that the ban against camping in Kiener has dramatically reduced the number of participants in the Occupy effort.
Many work during the day and could only join the Occupy encampment at night, Mills said. The number of participants has dropped dramatically since the ouster, in part because of the absence of tents, he testified.
The tents weren't just for sleeping, Mills said. One was set up as a food tent, while another stored medical supplies. The tents allowed participants to have all the items they needed to occupy the park, he said.
The legal battle in St. Louis comes amid a number of court fights and confrontations in other cities, including New York, between Occupy activists and city officials. The various Occupy situations was the subject of a conference call Oct. 13 organized by the U.S. Conference of Mayors, in which a number of mayors and their administrations discussed the impact of the Occupy movement on their communities.
Jeff Rainford, Slay's chief of staff, was on the call, a spokesman said.
No More Tent City
Although Occupy St. Louis' suit is technically against the police, the chief issue centers on the 10 p.m. curfew.
This fall, Occupy St. Louis constructed a tent village in Kiener that remained for weeks. After a few arrests the first week, city officials ignored the curfew violations. But, more than a week ago, Mayor Francis Slay announced that last Friday would be the deadline for removing the tents and that the curfew would be re-enforced.
About 12:30 a.m. last Saturday, police moved in to remove the protesters. The tents came down soon after.
About 24 people were arrested; virtually all have been released, activists said.
Slay's administration has said that other activities, those with permits, are slated to get underway at Kiener soon. Officials also cited complaints from area businesses about the Occupy encampment, alleging it was ill-kempt and smelled. Occupy activists have denied the accusations, saying care was taken to keep Kiener clean.
Occupiers also told the judge that property was improperly destroyed or tossed in the trash when the city's Parks Department arrived early Saturday to clean up the park, removing tents and belongings.
Bill Siedhoff, director of the city's Department of Human Services, said that care had been taken to preserve the private property. City workers had filled 49 bags with belongings and removed 17 tents and four bicycles, among other things, he said.
Since Saturday, few items have been reclaimed, he added, even though the storage facility had weekend hours.
Steven Hoffmann, an Occupy participant who owns a used book store, planned to testify that during the talks with city officials about acquiring a park permit, officials would not budge from their stance against tents and against violating the 10 p.m. curfew.
Brooks testified that the proposed permit also contained an insurance requirement that Occupy activists were unable to meet. Brooks said she called insurance companies and was unable to find one who would provide a policy for what activists hoped would be "an open-ended event."
The testimony was to continue much of today. It's unclear when the judge will issue her ruling.
Outside the Eagleton federal courthouse, a handful of Occupy activists waited for the hearing to end and for their colleagues to return. Several waved or wore signs, including Sam Hatfield, a recent graduate from the University of Missouri-St. Louis who has yet to find a job.
Hatfield's sign, taped to his back, read: "The corrupt are for us, the honest support us, the heroic join us."
Several passersby stopped to voice their support. Hatfield said he remained committed to the cause but added that "the eviction has broken some of the spirit.''
Labor Weighs in
Area labor groups hope to recapture some of that enthusiasm by organizing a downtown rally and march Thursday afternoon that highlights the economic issues promoted by Occupy. The gay rights group PROMO also plans to participate in the 3 p.m. event.
According to an announcement, the rally and march will be reflect "Economic Emergency for the 99%." The event is to begin at Kiener Plaza and continue to the Martin Luther King Bridge, "calling on Congress to create jobs, stop cuts, and make Wall Street banks pay."
"The demonstration is part of a national day of protests at decaying bridges," organizers said, to highlight infrastructure improvements that the nation needs. "Protestors will call on Congress to invest in our communities to create jobs as well as stop the cuts to critical social service programs like Medicare, Medicaid and Social Security," the announcement said.
National AFL-CIO President Richard L. Trumka sent an e-mail message Tuesday to Occupy activists and others asserting, "Tarps and tents don't make a movement."
His point: Occupy is its people. Not its tents.