Following the hearing on 5th April Occupy Nottingham are very pleased with the result achieved so far with a three week adjournment before a three day trial begins on 30th April.

This means they will be celebrating their six month anniversary on the Market Square on 15th April.

Judge Inglis ruled that all of the Councils allegations attempting to link incidents external to the camp being associated with the protest were usubstantiated with insufficient evidence and rejected any such argument dismissing them from the case.

Occupy Nottingham Press Release 06/04/12

Following the hearing on 5th April Occupy Nottingham are very pleased with the result achieved so far with a three week adjournment before a three day trial begins on 30th April.

This means they will be celebrating their six month anniversary on the Market Square on 15th April.    

The Hearing

Judge Inglis ruled that all of the Councils allegations attempting to link incidents such as urination in flowerbeds, alleyways and doorways across the City Centre, accidents, crime such as shoplifting, threatening behaviour around and damage to the Market Place, along with any businesses loss of revenue in Nottingham City Centre, claims of odour and health and safety risks external to the camp being associated with the protest were usubstantiated with insufficient evidence and rejected any such argument dismissing them from the case.  

Judge Inglis accepts the Council are the land owners so therefore the case now primarily revolves around the laws and legal connotations of highway, trespass, encampments, human rights, rights of assembly and protest.

Both the Council and Public Interest Lawyers waivered any claims for costs from yesterdays hearing, however the legal aid application by the camp has failed, so therefore any defendants could potentially now face a bill for costs of up to £20-30K if the case goes against the protest.

Public Interest Lawyers have been working Pro Bono on behalf of Occupy Nottingham and have announced that they willl continue to do so in light of the legal aid commisions decision. Occupy Nottingham cannot thank or commend them enough for this and for all the dilligence and hard work that PIL have put in so far on behalf of the protest, members of Occupy Nottingham are confident that whatever the outcome, they have had the best possible legal representation through PIL.    

The Council

The Council first announced they would remove the camp from the square on 1st of March and began proceedings to do so on 7th March after posting notices to the seat of a camp chair initially on 5th March before returning to post them to the camp exterior. Following that the Council announced that Occupy Nottingham would be gone from the Square by the end of the week after the initial hearing on 13th March, following that hearing that was adjourned for three weeks, again notices were initially served to the camp exterior, before Council representatives returned to serve notice to actual camp members.

The first and only time representatives of Occupy Nottingham have had an opportunity to meet with Councillors in the Council House was in a meeting on 3rd March with Graham Chapman, this meeting was at the insistance of Occupy Nottingham in a genuine attempt to reach an agreement with the Council before they went through with their threat of Court action. At no other time have the Council expressed any interest or concern over any of the issues the camp has raised, or met with members of the protest camp to discuss them despite repeated requests to do so by the camp since the occupation began.   Generally the protesters have found the Council aloof and elusive to negotiate with. Since 15th of October 2011 they have been asking the Council to meet with them and sit down for a mature discussion and Q&A on the issues we have raised and wish to address, but to date this still has not occurred. Apart from John Collings visiting the camp as a PR stunt/photo opportunity and one meeting with Graham Chapman, which was entirely focused on the issue surrounding us leaving the Square there has been no dialogue with councillors. Even though the protesters have made themselves completely available to meet with the councilors for six months now, the Council have chosen not to do so. Requests to attend a council meeting have also been refused, as have all other requests to meet with councillors.   The Council have provided no help in ensuring the health and safety of the camp. However, they have carried out stringent on the spot inspections with no warning. There have been several health and safety related checks which were undertaken by both a gas and also health and safety experts. During the storms in November, an inspector came and checked that the encampment would be safe and did not pose a danger in the high winds. Two separate fire safety inspections have also been undertaken. One was a general safety check for all of the encampment, the other related specifically to the wood burning stove we were using. The camp has passed all of these inspections without anything more than a little advice being given. At a liaison meeting with Richard Antcliff following a health and safety inspection at the camp he informed the representatives present that the Council had sent two of its most stringent Health and Safety inspectors who had reported that for a makeshift camp in the Market Square they were running "a very tight ship". The inspectors were right because the camp has imposed strict measures to ensure the Health and Safety of the camp and its members at all times.

Since moving the camp from the original location the Council cleaners have never cleaned close to the perimeter of the camp apart from a few sympathetic council workers, in fact the protesters have regularly litter-picked and scrubbed around the perimeter themselves, they have also regularly cleaned out the flowerbeds, as these too have been neglected. The camp members have felt that this was done on purpose, to make the camp look an eyesore with all the litter and debris primarily left by night-time revellers. They claim the cleaners ironically only began cleaning close to their barrier once the Council had served them notice.

As a result, Occupy Nottingham are dismayed with the councillors and their seeming lack of interest and care for the citizens of Nottingham and their rights. They have requested to see the original charters and deeds pertaining to the Market Square and the castle grounds, but have been refused. They want to see them, as citizens interested in their own heritage and to have their remaining rights regarding these pieces of land clarified as Citizens of the Commonality of Nottingham.

Occupy Nottingham consider that when the local and national authorities satisfactorily address the issues surrounding the financial crisis their task would be for a large part done. They are open to adapting but the Occupation is an integral part of the protest and cannot disband until the Council properly engage with them and the issues they are raising. They hoped to show that there was a way that authorities and the people could work together but the Council's main concern has not been to address the important issues theye are campaigning for but to get us off the Square.

The camp feels that the Council's attempt to remove them from Market Square will directly restrict their personal rights to freedom of political expression, freedom of speech, the right to protest, and the right of assembly.   It appears that Nottingham Council and the Corporation of Nottingham are more interested in business opportunities than in the political/economical climate and Nottingham's citizens' concerns and needs. Since they have been Occupying the Market Square, not one Councillor or local representative has made themselves available to discuss the issues the have raised, even though we have been on their doorstep awaiting an audience for almost six months now.   The Council's focus on evicting them rather than dealing with the complicated and vital economic and political concerns of the people of Nottingham is yet further evidence of a misguided approach. Why do they not focus these efforts on dealing with the problems and ills of society rather than on evicting a group of peaceful protesters? The protesters are upset that it has come to Court proceedings however, they are not going to get disheartened, pack up and go home just because the Council says that their protest no longer means anything to them. Their protest is still important to them and, they believe, to the people of Nottingham and the UK. There are fundamental issues facing our communities, cities and society that need addressing and dealing with rather than just brushing under the table in the hope that they will go away.

The Protest  

The physical presence of Occupy in public places is the essence of the movement which is essentially a think tank of ideas seeking to find solutions to the issues we face.

This form of protest has been shown to offer solidarity with others across the globe. Thousands of cities worldwide are involved in the Occupy movement. Occupation protests have proven successful in raising awareness and allowing citizens to gather in places such as Egypt, Wall Street and across the UK. As the idea behind these protests was to bring the message straight to the people, at the heart of towns and cities, the form of the protest is ideal. The protests are always involved in, and surrounded by, the public.   The occupation is a fresh form of protest in that the physical presence serves as a constant reminder of the issues the occupiers are seeking to highlight. The camp is a continual focal point for information and discussion, bringing subjects that previously were not mentioned to the fore in daily conversation. They are generating ideas on how we might better improve our communities, city, and country. They are interested in seeking ‘grassroots' solutions to the problems they are highlighting. Whereas traditional protests tend to be forgotten a few days later, they feel the issues are so fundamentally important that they must not be forgotten and there must be a continual reminder in the form of their occupation.    Through the occupation they hope to raise awareness, engage the public in debate, bring people together and spread support to people and communities. They want to engage in a dialogue with the public authorities in how they might work together to improve our city.   The main issues about which the occupiers are protesting are in line with those identified as being the causes of the wider Occupy movement; inequality, the dominance of corporations and big businesses; sustainable growth; advocating on behalf of growing numbers of a general public disillusioned by the way the world is being run. They also hope to have effects more locally. They hope to achieve (and this can be done working with the Council) clear understanding of and transparency in the cuts that are being made in Nottingham; what the reasoning behind the cuts is; and whether, at the same time, there are ways to cancel out the cuts or lessen their impact: for example, by working out if there are major corporations currently avoiding tax within Nottingham and what can be done about them.  

The camp attach great importance to the location in the Market Square for many reasons. Firstly, King Edward II gifted the land of the 'Market Place' to the 'citizens of the city of Nottingham in around 1275 as place for markets to be held and for the citizens to meet'. It is a public space and as the citizens of Nottingham, the members of Occupy Nottingham consider that they have the right to create a small permanent civic space in which they can voice their concerns and seek to engage with the public. Public space is increasingly being privatised and they consider that it is vital that they retain a continual presence with their camp. They are developing a critical mass of protesters and supporters and they offer solidarity to other Occupy camps. If the camp were disbanded now the protesters would go home and the public would forget about the important issues they are seeking to raise.

Secondly, the Market Square was traditionally the space where the citizens of Nottinghamshire would camp while they waited to petition the authorities (then being the 'Sheriff of Nottingham' at the castle). Citizens would camp on the 'market place' often for weeks and sometimes for months whilst they awaited an audience at court. Occupy Nottingham believe they have the right, as previous citizens did, to remain camped out until the authorities properly listen and engage with their message. Finally, the Market Square is still today the central hub of the city where people gather to meet, protest, talk, hang out and relax. It is therefore the primary location for interacting with as many members of the public as possible.

Thirdly, the Market Square is the political and economic heart of Nottingham. The encampment is opposite the Council House, where Councillors have been implementing cuts to local services. Being in the centre of Nottingham has meant their attention has been drawn to the plight of many different individuals and groups affected by the cuts whether this be the closure of homeless shelters and advice groups, cuts to library services and cuts in the provision of mental health, educationand domestic violence servicesamong others. They have also seen the closure of key cultural institutions such as the Brewhouse Yard museum which is no longer generally open to the public but requires appointments in advance. Even the Tales of Robin Hood tourist attraction has closed recently and Nottingham has lost its Robin Hood logo. People feel like they are losing their culture and heritage and little is being offered in return. Indeed, all we seem to be told is that there is no money available and that cuts to vital services - the things that allow a society to function properly - are necessary. The encampment is also very close to RBS, Lloyds TSB and Natwest, three of the banks whose actions form a big part of our protest. It is also in close proximity to several other big corporations that they talk about on a daily basis.

For these reasons the Market Square is their preferred location. However, they do not want to be unreasonable and they have repeatedly stated they would be prepared to have an alternative camp location in the city centre if they retain a permanent presence in the form of (say) a stall within the Market Square. The stall would allow them to engage the public in dialogue and give them the opportunity to direct the public to the camp where they would continue to raise awareness. The camp would not ideally want the camp to be far from the city centre so that the public would not be put off from visiting them. In the camp they would, as they do now, maintain the information boards, hold talks and workshops on various subjects such as the financial crisis. They, of course, want these events to be accessible to other members of public not just camp members.

The occupiers have been working hard all winter to develop a network of support and contacts through discussion and outreach, this has been steadily growing in momentum towards the spring. They are now building up to a critical mass where they can begin to link communities, hold debates with members of the public from all backgrounds, and start to improve people's lives, rebuild and begin to find a solution to the critical problems that our society is currently facing. They have always been aware that they would not be able to find a quick fix to these issues. In fact the ‘quick fixes' embarked upon by our Government have helped compound these problems. They strongly believe that they have embarked upon a long term process of change that will take consistent continual effort to achieve the end result that they desire for everyone.

In Conclusion

In short public spaces should be used for their original intentions. Since 1275 Nottinghamshire's citizens were able to camp on the Market Place in order to petition the authorities until the issues they present are dealt with. Occupy Nottingham believe that people should still have the right to do this as it is imperative to our society that issues which the public feel important are not pushed under the table and ignored. It has been shown that one-day protests do not really achieve anything - the issues raised tend to be forgotten soon after the event. It is important therefore that citizens be able to maintain their petition of local government authorities to enable a satisfactory conclusion to the benefit of the whole of society. We have lost these rights and as a result we are losing our ability to communicate and achieve improvements for the benefit of all people not just for a few.

The protest and camp will continue no matter what the outcome of the trial the occupiers say they will not be going away. Occupy Nottingham have always been and still are fully open to negotiation with the Council, the Council have a responsibility to uphold and instead of back-tracking after making proposals for a suitable alternative they should uphold their word or else prove by their own actions the true value of such word. The Council have favoured expensive court proceedings with public funds rather than continue negotiations despite the occupiers willingness to work to a solution suitable to all involved. Of course they feel this is just a quick fix solution for the Councillors just to remove them from the Market Square, but unless at some point they return to the negotiation table it could prove an expensive venture for them, in paying for multiple eviction proceedings if this is their intended path, as Occupy Nottingham mean what they say they are here until the solutions to issues such as those in their Common Statement are found and embarked upon. They fell this is a wholesale failure on the Nottingham Councils part to engage with its own citizens, shame on them.

Carl Freeman

Spokesperson, Representative and Defendant of Occupy Nottingham.