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Charleston, SC Social Justice Advocates File Federal Lawsuit Challenging City Protest Ordianance [1]

['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']

Date: 2025-03-30

Lawsuit Filed Against City of Charleston Seeking Judicial Authorization of April 5 Ace Mace Demonstration on Daniel Island

From William J. Hamilton, III, Atty at Law; Pettigrew Free Speech Defense (A project of Lowcountry Up is Good, PAC, Inc.

Lawsuit Filed Against City of Charleston Seeking Judicial Authorization of April 5 Ace Mace Demonstration on Daniel Island

From William J. Hamilton, III, Atty at Law; Pettigrew Free Speech Defense (A project of Lowcountry Up is Good, PAC, Inc.

To Lowcountry Press and Media

Date March March 29, 2025, 12 Noon

Logo of Lowcountry Up is Good, PAC, Inc.

Lowcountry, SC, USA- Louise Brown, Thomas Dixon and Attorney William Hamilton filed Federal Court for the District of South Carolina, Charleston Division on Friday, Feb. 28 seeking an injunction authorizing conducting the “Ace Mace, Chip and Charge” Demonstration outside the office of Congresswoman Nancy Mace on Daniel Island on Saturday, April 5. The federal case also seeks declaratory judgment that the current “Free Speech” ordinance regulating First Amendment activities in public space within the City of Charleston is unconstitutional, null and void and the City's payment of Attorney's fees and costs expended by Pettigrew Free Speech Defense (A project of Lowcountry Up is Good, PAC, Inc.) to bring the free speech protection action.

A copy of the Complaint Filed with the Court can be read online. The supporting exhibits package is also online and available for public view. All filings and court orders in the case can be retrieved on the federal PACER system at https://pacer.uscourts.gov/find-case

The Plaintiff's have asked the court for an expedited hearing the first week in April so a decree authorizing the demonstration on the date and in the location can be requested. Organizers have asked to hold their constitutionally authorized gathering on April 5, Charleston biggest tourism day of the year. Plaintiff's have chosen that date because Congresswoman Mace's neglect of the issues of transit, affordable housing and a living wage for Charlestonians endangers the future of our tourism and medical industries.

The City of Charleston has been emailed the documents filed with the Court and will be formally served on Monday, March 31st when copies will be delivered to Mayor Cogswell at City Hall.

The late Mary Smith, costumed as Sylphide, the Spirit of Motion at the Charleston Pride Festival, Circa 2017. Her appearances as our transit fairy were inspirational and her fearless work for a better Charleston continued until her death in Sept. 2019. The fairy sitting on the crescent moon on our flag remembers Mary.

Louise Brown, lead Plaintiff, is Charleston's revered “Mother of the Movement” and has been fighting for freedom, equality and social justice in the Holy City since marching at her mother's side during the Cigar Factory Strike in 1945-6. Brown was one of twelve nurses who challenged employment discrimination at the Medical University of South Carolina in 1969 and stopped Armored Personnel Carriers during a march with Coretta Scott King and Rosa Parks near the intersection of King and Morris streets while singing, “We Shall Not Be Moved.” She was exiled from Charleston for years following the strike and lived in New York city, finally returning with her growing family years later. Brown is the matriarch of a tribe of over 100 children, grand children and great grandchildren and their wives and husbands, many accomplished in their fields.

In 2014, Louise was peacefully arrested at the Statehouse protesting the state's refusal to extend Medicare with the SC Progressive Network. In July 2015, in 95 degree heat, Brown took over leadership of and completed the five mile March to the Sea to the Isle of Palms as part of a successful seven year campaign to return of CARTA public transit to the Atlantic.

Pastor Thomas Dixon is Charleston's leading contemporary social justice activist. He has held dozens of demonstrations, marches and rallies in the Charleston area. He's fought against gun violence in N. Charleston, using marches to drive drug dealers and criminals out of suffering communities. He's run for Mayor of North Charleston and the US Senate. He is Associate Pastor at Life Community Church in Mount Pleasant. Dixon is National Board Member of Brady: United Against Gun Violence. He was recently elected Chairman of the Charleston County Democratic Party. Dixon appears in this legal action in his personal capacity and not as a representative of those organizations.

Lowcountry Up is Good Demonstration outside Charleston County School Board Meeting. City Police demanded that the PA system be turned of and that speakers be forced to use a bullhorn, March 2023

William Hamilton is an attorney, writer and activist. He has been in practice since 1985 and has litigated hundreds of cases including the 1994 Burke v. Charleston case about the free speech right to paint murals in Charleston. Hamilton is the author of over 1000 published essays and columns about social justice, history, town planning, public transit and Lowcountry culture. Hamilton was the first person to be awarded the I'On Community's Civitas award for transformational neighborhood leadership and has also won the City of Charleston's Spotlight award. Hamilton is the leader of Best Friends of Lowcountry Transit and Lowcountry Up is Good, PAC, Inc. He is a graduate of the USC School of Law and the USC Honors College.

Pettigrew Free Speech Defense

Pettigrew Free Speech Defense, the legal team, representing the Plaintiffs is seeking sworn affidavits from citizens whose rights to assemble and practice free speech within the City of Charleston have been abridged by the City's government under the new ordinances. Please contact William Hamilton by calling (843) 870-5299 or emailing [email protected]. Updates about the case will be posted on the Lowcountry Up is Good Facebook page and BluSky at https://bsky.app/profile/wjhamilton29464.bsky.social online



if you would like to make a financial contribution to help pay the filing fee for Federal Court, please do so using Venmo until our Act Blue Account is fully activated by going to @william-hamilton-150 on Venmo

END END END

An Online version of this Media Notice has been posted at https://lc-up-is-good.blogspot.com/2025/03/lawsuit-filed-seeking-judicial.html

Issued March 29, 2025, 12 noon

Authorization to use content in this release and the included images, all of which are property of William J. Hamilton, III is granted to all persons and media.

Media appearances by the Plaintiffs Hamilton and Dixon live in the Charleston area and online via zoom are available. Brown can be available on zoom by special arrangement, but is currently in the Raleigh, North Carolina area.

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