Federal judge grants preliminary injunction on state curfew policy

Federal Judge Aleta Trauger Thursday signed an order extending the Oct. 31 temporary order prohibiting the state from enforcing a curfew policy that targeted Occupy Nashville protesters’ use of the War Memorial Plaza.

On Wednesday, attorneys for both sides presented the court with a proposed order converting the temporary restraining order to a preliminary injunction [1] at least until further court action.

The injunction prevents Gov. Bill Haslam and his administration from enforcing the “Legislative Plaza, War Memorial Courtyard and Capitol Grounds Use Policy” issued on Oct. 27 and better known as the curfew under which state troopers made 55 arrest on Oct. 28 and 29.

The order came ahead of a scheduled hearing Monday, Nov. 21, that had been set to discuss the TRO. That meeting is now cancelled.

The order does not, however, prevent state officials from drafting additional policies targeting the areas where Occupy protesters have congregated since early October.

“Furthermore, nothing in this agreed order shall limit in any manner the terms and provisions of any subsequent rulemaking by the State of Tennessee related to the use of the Legislative Plaza, War Memorial Courtyard and Capitol Grounds.”

The plaintiffs, Occupy Nashville, likewise aren’t prohibited from challenging the legality of any subsequent policies.