NC Court of Appeals Dismisses Appeal in Asheville Journalists' Trespass Case

Asheville -- The North Carolina Court of Appeals has dismissed the appeal of Asheville Blade journalists Matilda Bliss and Veronica Coit, upholding their

convictions for second-degree trespass.

The charges stem from their presence in Asheville’s Aston Park after hours in

 December 2021, where they were reporting on police evictions of a homeless encampment.

The dismissal reinforces the City of Asheville’s park closure ordinance, which prohibits public presence in parks after designated hours. The Buncombe County District Attorney’s Office emphasized in a press release that the ruling affirms the city's ability to regulate park usage for the benefit of the broader community.

Background of the Case

On December 25, 2021, Bliss and Coit were arrested while documenting law enforcement's removal of a homeless encampment from Aston Park. The park had officially closed at 10 p.m., but the journalists remained on-site to report on the unfolding events. Asheville police subsequently charged them with second-degree trespassing.

In April 2023, both journalists were convicted of misdemeanor second-degree trespassing. They were each fined $25 and ordered to pay court costs. Additionally, Veronica Coit received a sentence of one year of unsupervised probation with a 10-day suspended jail term, meaning she would not serve jail time unless she violated the terms of her probation. Matilda Bliss did not receive probation or a suspended sentence.

Legal Developments and Appeal Dismissal

Following their convictions, Bliss and Coit appealed, but in February 2025, the North Carolina Court of Appeals dismissed their appeal due to deficiencies in the record—specifically, the absence of necessary documentation from the district court proceedings.

The Buncombe County DA’s office welcomed the decision, stating that it reaffirms the city’s authority to enforce park ordinances and maintain public spaces for their intended use. Meanwhile, press freedom organizations continue to express concern over the broader implications of the case, arguing that the journalists’ arrests and subsequent convictions may discourage reporters from covering police activity in public spaces.

Ongoing Legal and Press Freedom Concerns

In December 2024, Bliss and Coit filed a federal lawsuit against the City of Asheville and the police officers involved, alleging violations of their First and Fourteenth Amendment rights (freedom of the press and equal protection under the law). They claim their arrests lacked probable cause and infringed upon their rights to gather and report news in public spaces.

As of February 2025, this federal lawsuit is pending in the U.S. District Court for the Western District of North Carolina. If unsuccessful, the journalists could potentially appeal to the Fourth Circuit Court of Appeals, and ultimately, the U.S. Supreme Court--though the latter rarely takes such cases.

The outcome of this case could have significant implications for press freedom and the rights of journalists covering events in public spaces. Advocacy groups such as the Committee to Protect Journalists (CPJ) and the American Civil Liberties Union (ACLU) continue to support their case, warning that it may set a troubling precedent for journalists covering government and law enforcement actions.

WNCTime

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