ACLU of North Carolina sues city of Asheville over park ban cases

By Charles Perez

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    ASHEVILLE, North Carolina (WLOS) — The city of Asheville is being sued by 14 residents who were banned from the city’s public parks after a demonstration at the end of 2021.

The 14 brought on the lawsuit with the support of the North Carolina ACLU, which claims the banned residents have been denied their constitutional protections.

The ban resulted from a demonstration at Aston Park in December 2021. The demonstrators claim they were visiting a homeless encampment in the park to distribute needed food, tents and other items.

According to law enforcement, the gathering was not lawful and resulted in Asheville police clearing the park. In the aftermath, they say, the excessive littering caused the city to charge the individuals with felony littering and caused the city’s department of Parks and Recreation to ban the individuals from city parks for a period of three years.

Muneeba S. Talukder, staff attorney at the ACLU of North Carolina, says the city’s actions crossed a constitutional line.

“They were banned for speaking up about what they care about,” she says, “who they care about [the homeless community] and the communities that make Asheville what it is.”

The claim filed by the ACLU also brings into question whether the city followed lawful due process in banning the residents from the parks.

“You need to provide notice and you need to provide a meaningful hearing,” says Talukder. “The city has not done that.”

According to Asheville criminal law specialist, Thomas Ambergey, the city does have the right to ban individuals from public spaces for destructive behavior or for the purpose of protecting others. However, Ambergey says that destructive behavior can become murky ground if it’s tied to an expression of free speech.

“Say, if they’re lighting that tree on fire because of some sort of protest,” he says, “now you’re adding another constitutional angle that complicates it.”

Asheville City Attorney Brad Branham issued the following statement regarding the ACLU’s complaint:

The City of Asheville is aware of the filing, but have not yet been served. It is our intention to review the complaint and respond accordingly. The remaining question is whether the city will choose to lift the ban or to let the matter be decided in a court of law. The plaintiffs in the case have expressed a hope that the city decided to make a change in its policy and procedures.

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