Asheville — Plaintiffs in Norris v. Asheville, represented by the ACLU of North Carolina, have signed a settlement agreement with the City of Asheville.
Before signing the agreement, Plaintiffs had won a preliminary injunction allowing them to return to parks during the pendency of the case. As part of the agreement, the City has agreed to leave the injunctive relief in place, meaning the Plaintiffs are no longer banned from the City’s parks.
The City has also agreed to issue a new policy that ensures that individuals subject to a ban are given notice and an adequate hearing process before the City can impose most park bans. The City has also changed the timeframe of park bans—which in the previous policy was 6 months to a period of 3 years depending on the violation. Under the current policy park bans can range from 30 days to 18 months. The new policy is in effect and has been posted on the City's website.
The Plaintiffs are 15 individuals who were banned from parks without notice or an opportunity to appeal the decision. The City issued these bans after Asheville police charged Plaintiffs with felony littering for a protest criticizing the City’s treatment of unhoused people. Prior to the bans, Plaintiffs regularly volunteered their time providing support and resources to unhoused people in Asheville.
“With this settlement, we’ve won better protections for the right to access public space, and made it harder for City officials to retaliate against people who disagree with their decisions,” said Sarah Norris, demonstrator and plaintiff in the case. “Given that most of the folks who get banned from City parks are either homeless or in solidarity with those who are, we hope these policy changes will better protect all of us building the networks of survival, care, and protest that are needed to live here with dignity.”
“We are glad that the Plaintiffs’ access to public parks will be restored and that as a result of this settlement, a better policy with more safeguards for Asheville residents will be instated,” said Muneeba Talukder, Staff Attorney for the ACLU of North Carolina. “In addition to providing recreational opportunities, parks serve as essential gathering spaces where critical discourse is allowed to take place. Everyone should be able to exercise their rights to free speech and assembly without fear of retribution.”
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