The protesters have also sued Gov. Haley and state public safety officials on Wednesday, saying their First Amendment rights were trampled when they were arrested for protesting on public grounds.
Two weeks ago, Gov. Haley ordered that anyone protesting after 6:00 p.m. be arrested, but backed down after at least 150 people, including a state representative, challenged the order. Haley and the Department of Public Safety later amended the order to allow protesters to stay on the grounds all night, provided they don't actually sleep or use sleeping bags.
The order dated Nov. 23 temporarily blocks those restrictions, as well as DPS' original order preventing the protesters from using tents. The judge wrote that Haley's orders appear to violate the protesters' free speech rights, and that Occupy Columbia would likely prevail in court once the case is heard on December 1.
"The physical occupation and physical presence is a key component of the protesters' actual 'occupation' of the State House grounds and, therefore, a key component of the Occupy protesters' political statement and petitioning conduct," the attorneys wrote. "The reason why the Occupy protests are so controversial and uncomfortable for governmental officials to endure is that it is the most persuasive form of peaceful, nonviolent protest."
Noting that Occupy Columbia is composed of peaceful protesters, the lawsuit argues that Haley blames the protesters for damage to State House grounds because she doesn't agree with their message. "What Gov. Haley objects to is plaintiffs' message and she would not have evicted plaintiffs if she were aligned with plaintiffs," the protesters' attorneys wrote in the lawsuit.
A spokesman for the Department of Public Safety had no comment on the lawsuit. Haley spokesman Rob Godfrey called the situation "unacceptable" and said of the suit, "We will fight it every step of the way."
The lawsuit had been expected since the arrests, which happened after Haley complained of public urination and toilet paper strewn in bushes in an occupation of more than a month that she said brought $17,000 in police overtime and other expenses. Aside from $4,361 spent on halogen lights and stands, no cost breakdowns have been made available.
Authorities revealed last week that the only person arrested on State House grounds prior to Nov. 16 was a man who was observed defecating near a veterans monument. Authorities could not tie him to the Occupy Columbia group, and protesters said they didn't recognize the name and had actually reported the man to authorities after noticing him walking around, trying to steal items.
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