Occupiers found guilty of trespassing

All 17 members of the Occupy Charlottesville movement who were in the city’s General District Court Friday morning were found guilty of trespassing in Lee Park. The court dismissed the charge of indecent exposure against Veronica Fitzhugh, the only protester to receive an additional charge.

“There are rules and regulations that say you cannot have demonstrations in the park [after 11 p.m.],” Nina Anthony, who represented the city, said in court.

Eighteen activists were arrested at Lee Park and charged with trespassing in the late hours of Nov. 30 and early hours of Dec. 1 after the group’s special events permit expired. One man, Mario Brown, pleaded guilty and was sentenced to community service in December.

On the night of the arrests, Fitzhugh stripped naked in front of a large crowd that gathered on Market Street.

Fitzhugh came to court in blackface and an orange jumpsuit with the words “convicted by birth” written on the back in black marker. She also wore plastic chains around her ankles, saying that the outfit was in protest of the number of African Americans convicted of crimes compared to their white peers.

Jeffrey Fogel, the defense counsel, argued that her nudity was not indecent and asked that the charges be dismissed. Judge Robert H. Downer Jr. agreed, saying that because Fitzhugh’s nudity was not sexual in nature, but rather for a political purpose, she could not be found guilty.

In response, members of the movement seated in the gallery raised their hands and gave the “twinkle fingers” gesture as a sign of approval.

The Occupiers grew quiet when Downer announced that he had found them all guilty of trespassing, though Fogel argued that the city’s ordinance, which prohibits any person for entering or remaining in Lee Park between 11 p.m. and 6 a.m., was in violation of the Constitution.

“At the time of their arrest, Defendants were engaged in expressive activity protected by the First Amendment to the United States Constitution,” Fogel wrote in a motion to dismiss he filed last Friday.

Downer upheld the ordinance.

“I find that the ordinance is not unconstitutional in its base,” he said.

Brian Daly, director of the Parks and Recreation Department, said City Council members asked him to “work with” members of the Occupy movement and grant them a three-day permit to stay in the park. He said he continued to issue three-day permits per the request of City Council, but said that eventually Council asked his office to stop because of “tremendous community pressure to return the park to the community.”

Fogel argued that the process by which permits are distributed was “arbitrary” and that City Council interfered in the matter “in a political way.”

“There are absolutely no standards whatsoever,” Fogel said of the process, but Downer remained firm in his decision.

Defendants were fined $100 each plus court fees. This fine can be paid of by community service valued at minimum wage, Downer said.

“I’m not happy about the outcome,” Fogel said in an interview outside of the courtroom. “I think he’s wrong. I think he’s dead wrong.”