A representative of the Jefferson Area Tea Party expressed concerns about Occupy Charlottesville at Charlottesville City Council's meeting Monday, saying Council should not allow members of the group to break curfew by staying overnight in Lee Park.
Council members, however, believe the Occupiers are entitled to stay in the park because of their constitutional right to free speech.
"Our issue is with City Council," said Carole Thorpe, chairwoman for the Jefferson Area Tea Party. "First Amendment free speech in the park doesn't mean the city government should suspend codes and ordinances, including the park curfew. Occupy could have free speech during day during normal park hours ... but allowing people to stay overnight is frankly an issue of public safety."
Thorpe said the park imposed the 11 p.m. curfew years ago to protect against crime and drug use in the park after dark. The Jefferson Area Tea Party hoped to address Council to determine who is liable when members of the community are breaking curfew and disregarding food distribution permits when serving food to the public at their rallies.
Occupier Zac Fabian said this was not a conflict of zoning regulations but rather an issue of freedom of speech.
"I really encourage everyone to look beyond these [zoning] issues, and join us in our dialogue," he said. "We are trying to help."
Council member Kristin Szakos supported Occupy Charlottesville.
"I really feel it is a free speech issue," Szakos said. "It's not something that's allowed only at certain times of day. The federal constitution is pretty adamant about that."
Thorpe said she fully supports Occupiers' right to free speech, but wants to address Council's willingness to allow the group to break regulation ordinances. She said multiple instances of violence and destruction have occurred in the park between Occupiers and non-Occupiers.
"Will it take someone getting beaten, raped, burned [or] killed ... before you end what never should have been started?" Thorpe asked at Council's meeting Monday.
Szakos responded that Council will be vigilant in addressing the concerns of public safety. She added that Occupiers have called the police whenever conflict has arisen and have followed "the rules of public comportment."
"I know some Occupiers feel that we are trying to spoil their party," Thrope said. "[But] if it was a conservative group, I would be saying the same thing. This is a bad situation that City Council has allowed. I support free speech rights - any time we've gone and had rallies and events at various venues we've always gotten our permits, paid the fees [and] followed the times we could be there. That's expected of all groups."
Fabian encouraged Tea Party members to come to the Occupy Charlottesville's General Assembly meetings to engage in a dialogue and express their concerns. He added the two groups have not had any direct communication.
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