Two state legislators working to clear the “Occupy Nashville” protest group off the plaza at the state capital say they’ve gotten a green light from the Tennessee Attorney General’s office.

Legislators often check with the state Attorney General for a fast, and free, opinion of whether a proposed law will stand up in court.

State Representative Eric Watson and Senator Dolores Gresham, both Republicans, say the Attorney General’s staff did not raise any red flags on their bill. It would eliminate squatting on government-owned property, and is aimed at the Occupy Nashville protest, which has pitched tents on the War Memorial Plaza since early October.

Watson says their bill isn’t an attempt to squelch free speech.

“Me and the senator, we’re not trying to stop protesting at all. They can protest seven days a week, 24 hours a day. Let’s just do it in a professional and clean manner, and allow others to protest as well.”

Watson says Occupy Nashville’s long stay on the Legislative Plaza – protected by a federal court injunction barring police from evicting them – has effectively barred the use of the area to anyone else.

Both Representative Watson and Senator Gresham say they have participated in outdoor protests at the capitol – in favor of right-to-life issues.

Watson says they plan to amend their proposal to include a warning phase. Offenders would get a certain amount of time – one or two days – to clean up and leave state property.

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The bill is HB 2638 Watson/ SB 2508 Gresham.

It’s in the Judiciary Committee in both houses.

Senator Dolores Gresham, Republican from Somerville, says the problem is more widespread than just downtown Nashville.

“We see that if it happened here, this abuse happened here, then it may happen on the lawns of our courthouses in rural Tennessee, and we certainly want to prevent that from happening.”

Gresham says she was behind a bullhorn at a recent right to life rally.

“Certainly Representative Watson and I and every lawmaker here are here to protect the citizen’s right to speech, the right to assembly, the right for redress of grievances.. But the bill itself has to do with the appropriate use of government property.”

Watson’s office backs up to the Plaza, and he says he has personally witnessed several events that drew police action. He points to the place on the plaza where he says he saw two residents of Occupy Nashville having sex.

“There’s been several arrested for drugs out there, and alcohol, fights broken out. There’s a fight broke out yesterday out there on the plaza. A guy this morning was seen streaking, naked, from tent to tent.”

A public information officer for the Tennessee Highway Patrol says incident reports from officers on the hill confirm investigation of a public sex act and several alcohol-related offenses.

Mick, an occupier who wouldn’t give his last name, says it’s true there have been several fights on the plaza, but argues it’s unfair to blame Occupy Nashville, which follows a code of conduct barring drugs and alcohol. Rather, he says outsiders have come looking to brawl, sometimes drinking and smashing bottles.

“To penalize us due to the fact that people feel strongly against us, who bring violence and discrimination here – I just don’t see how that can be considered right. We’re fighting this battle for anyone that wants to do a peaceful assembly. We are a nonviolent group, 100 percent; it is part of our code of conduct.”

Mick also argues not everyone staying on the plaza is part of the protest, saying occupiers may exclude them but can’t make them leave. The camp stood at a few dozen tents Wednesday.

Our earlier story on the issue:
Lawmakers Introduce Bill to Oust Occupy Nashville