Protecting Our Rights to Assemble and Petition on Moral Monday

Published June 11, 2013

By Joe Mavretic

by Joe Mavretic

First let's think about our Right to Petition.

Both the Federal and North Carolina Constitutions establish that the people have a right to petition. The Federal Constitution has this language in Article I, "....and to petition the Government for a redress of grievances." The North Carolina Constitution uses this language in Article I Section 12, "....and to apply to the General Assembly for redress of grievances." The permanent rules of the 2013 North Carolina House of Representatives establish that the first order of business shall be, "The receiving of petitions,......"

My first observation is: Where are the petitions? I believe that any grievance worth an arrest should be supported by some rationale for the redress of that grievance. Our General Assembly is the constitutional location of the place to submit grievance petitions. Grievance petitions should describe the damage that has been, is being or may be done to the petitioners. Petitions are very good documents for establishing strength of character. Petitions are a place to, "Put your signature where your mouth is." Petitions are not a shouting mob. Petitions are not inflammatory rhetoric. Petitions are not theater. Where are the petitions? Petitions are short, clear, easily read and understood. Anyone who needs an education about what constitutes a good political petition needs to read our Declaration of Independence.  Those who signed our Declaration of Independence were willing to risk being hanged. Where are the Moral Monday petitions? I want to read them and see who believes enough in the grievances to sign the petition.

Now let's think about our Right to Assemble.

Both the Federal and North Carolina Constitutions establish that the people have a right to assemble. The Federal Constitution has this language in Article I, "....the right of the people peaceably to assemble". The North Carolina Constitution uses this language in Article I Section 12, " The people have a right to assemble together to consult for their common good, to instruct their representatives....". In North Carolina, we do a very good job of assembling peacefully and have done so for over forty years. So far, the Moral Monday activities, from organizing through arresting, have been peaceable. They have, however, disrupted the people's business. The Senate has cancelled committee meetings, General Assembly staff members have been obstructed as have others who are engaged in legislative matters. Now the questions are, " Where shall the people assemble and when should the people assemble?"

The Executive Mansion belongs to the people of North Carolina. There is a fence around the Executive Mansion and you may not assemble to protest inside it without permission. You may peaceably assemble on the sidewalks surrounding the Mansion. The Justice Building belongs to the people of North Carolina. To the best of my knowledge, you may not assemble to protest inside it without permission. You may peaceably assemble on the sidewalk outside the building. The State Capitol belongs to the people of North Carolina. To enter the Capitol, visitors may be subjected to a search, required to register and prohibited from using a cell-phone. You may peaceably assemble on Union Square around the Capitol. Clearly, there are precedents establishing WHERE the people may assemble on THEIR property. The Executive Mansion, the Supreme Court and the Capitol establish hours for visitation that determine WHEN the people may assemble on/in THEIR property.

The Legislative Building belongs to the people of North Carolina. I have seen peaceable assemblies on three sides of the Legislative Building and on the mall beside the Legislative Office Building. Assemblies inside those two buildings are another matter. Under their rules, both the House and Senate presiding officer is empowered to clear their chamber, galleries or lobby to the extent they deem necessary to conduct the people's business. The people's business is compelling. No one has a right to be in the gallery of the House or Senate Chambers. Anyone seated, or standing, in a gallery is a guest of the body and should conduct themselves accordingly. It does not matter if an observer in the gallery, or lobby, is a peaceful assembler or a curious vacationer, if the presiding officer orders a clearing, the Sergeant-at-Arms will clear appropriately or call for law enforcement. Anyone who chooses to obstruct the clearing becomes a trespasser and is subject to arrest.

If we are a nation of laws, not men, then arrest becomes a serious matter. Arrest is not fun-and-games. Arrest is not something to do between dinner and desert. Arrest for any act must have consequences and arrests for premeditated actions should have more severe consequences. I await the consequences of the Moral Monday arrests.

Joe Mavretic is former House Speaker and an NC Spin Panelist

 

June 14, 2013 at 10:35 am
Mary K. Short says:

Do you beleive the right to petition the government includes a requirement that the government listen to or respond to members of the public? That view was rejected by the United States Supreme Court in 1984:

"Nothing in the First Amendment or in this Court's case law interpreting it suggests that the rights to speak, associate, and petition require government policymakers to listen or respond to communications of members of the public on public issues.

Minnesota Board for Community Colleges v. Knight, 465 U.S. 271 (1984).

Perhaps if you can provide a petition that was submitted and then responded to by the NCGA, then you will see a petition submitted.

Finally, I completely disagree with the civil disobedience and hope the protesters will simply disperse when ordered to do so. They don't need to be arrested in order for me to get the point of their assembly.