Helen Roberts, an Occupy Asheville activist, was arrested on November 2 for handing out flyers, which contained a pie-chart showing the distribution of income in the United States.
The ordinance used to support the arrest states (in its totality):
"It shall be unlawful for any person to advertise by the distribution of samples or printed matter within the city, except as provided in the annual license and privilege tax ordinance."
It would appear that the Asheville Police Department, as well as the chain of command originating in Mayor Bellamy's office, is unclear on the meaning of the term 'advertise' in the ordinance.
On the other hand, the State of North Carolina has a Constitution. Article I of that document is dedicated to a declaration of rights. Section 5 of that Article states:
"Every citizen of this State owes paramount allegiance to the Constitution and government of the United States, and no law or ordinance of the State in contravention or subversion thereof can have any binding force."
The referenced Constitution of the United States, in the first Amendment thereto, reads as follows:
"Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Thus is the ordinance above quoted in controvention of the Constitution of the United States, and by Article I section 5 of the NC Constitution, null and void.
Thu Nov 10, 2011 at 6:40 PM PT: 11/10/11 The district attorney has dropped the charges. No explanation, certainly no apology as yet