February 26 – North Carolina NAACP Challenges Legislative Building Rules in Court

Judge Carl Fox to Hear Arguments on Whether the NC Legislature Violated the Separation of Powers Act, Resulting in Numerous Moral Monday Protestors Being Charged with Violating Building Rules and Second Degree Trespass.

Wake County Justice Center Courtroom

WHEN: Monday, February 26, 2018
WHERE: Wake County Justice Center Courtroom
WHAT: Hearing on NC Legislative Building Rules
10B, 300 S. Salisbury St. Raleigh NC  

RALEIGH – On Monday, February 26, 2018 at 2:30p.m. at the Wake County Justice Center Courtroom 10-B, Attorneys Geeta Kapur and Scott Holmes representing the Forward Together Moral Movement and NC NAACP will challenge the constitutionality of the North Carolina General Assembly’s Building Rules and ask Judge Carl Fox to dismiss the criminal charges against their clients. The lawyers claim the Building Rules violate the Separation of Powers Clause of the North Carolina Constitution. According to North Carolina General Statute Section 120-32.1(b), a violation of the building rules constitutes a Class 1 misdemeanor.

The lawyers say the most recent amendments made to the building rules in May 2014 should have followed the usual process for passage of a crime – from the House Chamber to the Senate Chamber to the Governor for approval. Moreover, the lawyers say North Carolina law (General Statute Section 143-345.1) reserves the power to make building rules for public buildings to the Governor, not the legislature. The legislature attempted to intervene in the case through defeated Supreme Court Justice Bob Edmunds, now in private practice. However, Judge Fox denied the request, ruling that the District Attorney of Wake County is charged with prosecuting crimes in the name of the State and allowing special counsel to intervene was within his discretion.

WHEN: Monday, February 26, 2018
WHERE: Wake County Justice Center Courtroom
WHAT: Hearing on NC Legislative Building Rules
10B, 300 S. Salisbury St. Raleigh NC