From today's decision in State v. Bliss (N.C. Ct. App.), written by Judge Jeffery Carpenter and joined by Judges Julee Flood and Michael Stading:
Defendants were journalists for The Asheville Blade, a newspaper. The Asheville Blade is known for criticizing the Asheville Police Department's methods of clearing homeless encampments and corresponding protests. On 19 December 2021, a multi-day protest began in Aston Park …, a public park owned and operated by the City of Asheville …. Section 12-41 of the City Code (the "Park Curfew") provides that … "All public parks … shall be closed to the general public between the hours of 10:00 p.m. and 6:00 a.m." …. The purpose of the protest was to demand that the city allow "sanctuary camping" in the Park for the local homeless population….
On 25 December 2021, Defendants were at the Park….. Shortly after 10:00 p.m., officers began dismantling protestors' tents and artwork. Officers also instructed everyone in the Park, including Defendants, to vacate the Park. Officers told Defendants they could continue reporting from outside the Park. Defendants, however, did not leave the Park and around 10:30 p.m., following additional requests by officers to vacate the Park, officers arrested Defendants for second-degree trespass….
Defendants were found guilty, and sentenced to "a $100 fine plus court costs." They appealed, but the appellate court rejected their First Amendment claims:
