[Dryerase] Protesters defy new ordinance; cite ‘selective enforcement’

[Asheville Global Report]

Asheville Global Report
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Protesters defy new ordinance; cite ‘selective enforcement’

By Liz Allen

Asheville, North Carolina, Nov. 24 (AGR)—  Protesters gathered in Pritchard 
Park last Saturday with sleeping bags, pajamas, and overturned hats asking 
for money, demonstrating their opposition to the new city ordinance banning 
solicitation, loitering, loafing, relieving oneself and sleeping in public 
in central downtown areas. The ordinance is being criticized as promoting 
the interests of wealthy investors, merchants, and tourists while 
assaulting the poor’s basic rights of survival. At the demonstration, Bud 
Howell, who also spoke against the ordinance at the city council meeting 
where the law was passed, explained, “Right now the flow of money has more 
rights on the streets than human beings.”
The demonstration coincided with the end of the Asheville Christmas parade. 
By 5:30pm,  approximately 80 demonstrators, including a number of young 
children, were present. Many lay in the center of the park, in sleeping 
bags, holding signs and asking for change.  Signs had slogans like “All who 
wander are not criminals” and “Social cleansing is good for business.”
The crowd of spectators had mixed reactions. Many voiced support or donated 
change to demonstrators.  Others believed the event was ineffective or 
irrelevant. Robbie Wheeler, Asheville resident and parade/protest 
spectator, stated poverty does not bother him and people who disagree with 
the ordinance should “Get a job, go to work, and buy their own food.”
Area homeless residents at the park were supportive of the event but 
doubtful over the possible outcome; some (including demonstrators) expected 
a police riot.  “Homeless people don’t stand a chance in this town,” said 
one woman who regularly sleeps in the park and wished to remain anonymous. 
“If you don’t do what you’re told then they beat the heck out of you and 
you go to jail for 30 days.” She also stated that homeless residents are 
afraid to speak out about the issue, out of concern for their own safety.
The Asheville Police Department (APD) refused to cite any of the protesters 
for ordinance violations. Former Asheville mayoral candidate Mickey 
Mahaffey said he panhandled Lt. John Kirkpatrick, downtown commander for 
the APD, holding a sign reading “I’m begging for contributions for the 
poor! Please help!” According to Mahaffey, Kirkpatrick told him: “I hope 
you make a lot of money because we’re not doing anything tonight.”
“I wonder if the other panhandlers today got off as easily,” added Mahaffey.
In attempt to violate as many aspects of the ordinance as possible, 
protesters began stretching their sleeping gear out in front of the 
Wachovia Bank ATM across the street from the park. Although no one was 
prevented from using the cash machine, protesters believed they were 
violating the rules banning the impediment of the free flow of pedestrian 
traffic and solicitation occurring within fifteen feet of an ATM. In a 
dialog with the demonstrators, Kirkpatrick surmised they should have four 
feet of sidewalk on either side of them, in accordance with Americans with 
Disabilities Act regulations. Although not blocking access to the ATM, 
there was not four feet of walkway on either side of demonstrators. At one 
point Kirkpatrick, after watching from across the street, reprimanded the 
demonstrators, calling them rude, but cited no one.
Pajama-clad demonstrator Allie Morris reported that 5 people were not cited 
after urinating in Prichard Park in plain view of the police (eight were 
present on the scene). “It’s amazing how determined they are to maintain 
their selective enforcement
.How is 10 people stretched across the sidewalk 
not impeding the flow of traffic? I don’t even think they brought their 
ticket books,” she exclaimed.
The protest also included cheers from radical cheerleaders, a story time 
for the camping protesters, street musicians and performers. At one point a 
demonstrator lowered the American flag in front of the Wacovia building to 
half-mast. The demonstration  dispersed around 9pm that evening, with no 
citations issued or arrests reported.