Because
the protesters were annoying Mrs. Haley, she issued the Bureau of
Protective Services to arrest the Occupy members on their camp sight who
were on statehouse property past 6 p.m. The officers, on direct orders
of Haley, placed zip ties on the wrists on the protesters, arrested them
and subsequently took them to Alvin S. Glenn Detention Center. The case
was taken to court last December.
Circuit Judge Stephanie D Thacker wrote in her decision that:
Circuit Judge Stephanie D Thacker wrote in her decision that:
"In light of the case law from this circuit and from the Supreme Court, it was clearly established on November 16, 2011, that arresting Occupy Columbia for protesting on State House grounds after 6:00 p.m. was a First Amendment violation."
"It is not disputed that South Carolina and its state officials could have restricted the time when the State House grounds are open to the public with a valid time, place, and manner restriction. However, as explained above, at the time of Occupy Columbia's arrest, no such restrictions existed."
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