Motion to Dismiss Asheville Parks Ban Case Denied by Judge

Asheville -- March 14, 2024: In the case of Norris v. Asheville, a judge from the District Court made a ruling on Monday evening.

The decision mostly rejected the Defendants' request to dismiss the claims of 15 individuals who were represented by the ACLU of North Carolina. These individuals were prohibited from parks in Asheville. The City of Asheville implemented these prohibitions subsequent to the Plaintiffs being accused of committing the offense of felony littering while demonstrating against the City's handling of those without housing. The plaintiffs frequently dedicated their time to provide assistance and supplies to individuals without housing in Asheville.

The lawsuit claims that the policies and bans infringe upon the Plaintiffs' rights to due process and freedom of assembly by depriving them of their ability to use public parks without providing prior notice and a substantial opportunity to be heard. The lawsuit further claims that the prohibitions are a form of retaliation against the Plaintiffs for their protests against the City's treatment of individuals without housing.

The Defendants submitted a petition to dismiss the whole action, contending that the Plaintiffs' allegations lack legal validity. The judge rejected the move to dismiss all but two of the Plaintiffs' claims, confirming that the facts presented by the Plaintiffs are adequate to substantiate claims under the First and Fourteenth Amendments to the U.S. Constitution, as well as comparable provisions in state constitutions.

“The City of Asheville has stripped Plaintiffs of their right to access public spaces without convicting them of a crime or giving them notice of the ban, causing severe consequences in their personal and professional lives,” said Muneeba Talukder, Staff Attorney for the ACLU of North Carolina. “In addition to preventing them from continuing their work supporting Asheville’s unhoused community members, the bans also prevent Plaintiffs from taking their children to the parks, performing job responsibilities that require park access, and further protesting the City of Asheville’s unjust treatment of unhouse people. Plaintiffs deserve to have their voices heard. We’re glad the court rejected most of the City’s efforts to dismiss Plaintiffs’ claims and we will continue to push for swift restoration of their rights to visit and gather in public park.” 

The Defendants filed a notice saying they will appeal the denial of qualified immunity to one defendant. The motion for a preliminary injunction that the ACLU of North Carolina has filed is still pending.