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OCCUPY COLUMBIA v. HALEY

No. 13-1258.

738 F.3d 107 (2013)

OCCUPY COLUMBIA; Walid Hakim; Melissa Harmon; Bradley Powell; Timothy Liszewski; David Bland; Ashley Blewer; David Arroyo; Gadson Bennett; Joshua Anderson; Sebastian Pena; Justine Woods; Johanna Caple; John Rutledge; L. Shaw Mitchell, Plaintiffs-Appellees, v. Nikki HALEY, Governor of South Carolina; Leroy Smith, Director of the South Carolina Public Safety; Zachery Wise, Chief of Police of the South Carolina Bureau of Protective Services; James Carr; Joe Hodge; Andrew Schmidt; Marvin Harris, III, Defendants-Appellants, and State of South Carolina; Harvey S. Peeler, Jr., Chairman of the South Carolina State House Committee; M Richbourg Roberson, Divison of General Services; Sterling L. Morrison, Division of General Services; Curtis Loftis, State Treasurer; Richard Eckstrom, Comptroller General; Hugh Leatherman, Chairman Senate Finance Committee; Brian White, Chairman House Ways and Means Committee; South Carolina Budget and Control Board; Marcia Adams, Executive Director of the South Carolina Budget and Control Board; Carla Griffin, Division of General Services, Defendants, Marie Therese Assa'ad-Faltas, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided: December 16, 2013.

Attorney(s) appearing for the Case

ARGUED: Kevin Alan Hall , Womble Carlyle Sandridge & Rice, LLP, Columbia, South Carolina, for Appellants. Andrew Sims Radeker , Harrison & Radeker, PA, Columbia, South Carolina, for Appellees. ON BRIEF: M. Todd Carroll , Karl S. Bowers, Jr. , Womble Carlyle Sandridge & Rice, LLP, Columbia, South Carolina, for Appellant Governor Nikki R. Haley. Michael S. Pauley , Vinton D. Lide , Lide and Pauley, LLC, Lexington, South Carolina, for All Remaining Appellants. Robert J. Butcher , Deborah J. Butcher , Ronald Wade Moak , The Camden Law Firm, PA, Camden, South Carolina, for Appellees.

Affirmed by published opinion. Judge THACKER wrote the opinion, in which Chief Judge TRAXLER and Judge KING joined.

THACKER, Circuit Judge:

For 31 continuous days, a group of individuals, referring to themselves as "Occupy Columbia," conducted a 24-hour per day protest on the grounds of the South Carolina State House in Columbia, South Carolina. On November 16, 2011, South Carolina Governor Nikki Haley directed law enforcement to remove any individual associated with Occupy Columbia who remained on State House grounds after 6:00 p.m. that day. Shortly after 6:00 p.m. on the evening...

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