Asheville’s parks are indeed part of the joy of living here. We believe what makes them magical is that they are public space — parks are for everyone!
D. Tyrell McGirt, profiled for his efforts as director of Parks & Recreation [“Active in the Community: D. Tyrell McGirt Discusses Programs, Opportunities at Asheville Parks & Recreation,” Feb. 7, Xpress], is also currently one of several defendants in a lawsuit brought by the American Civil Liberties Union of North Carolina that alleges unconstitutional restriction of access to parks.
As we state in our lawsuit, he banned 16 community members from all city Parks and Recreation facilities for three years upon the request of the Asheville Police Department, which had charged us with “felony littering” after an art-based protest against the brutal series of homeless camp evictions in late 2021.
Though we have now been dealing with these charges for two years, we have not been tried in court or convicted. We remain legally banned from parks with no possibility of appeal.
It is this lack of due process and the retaliatory nature of the bans so clearly imposed as punishment for political speech that prompted the ACLU to bring this lawsuit. The complaint can be read here [avl.mx/xmasjbq] and is a remarkable look inside the misuse of resources and abuses of power that characterize this case.
We love parks, we miss parks, and we’re so eager to return.
— Sarah Boddy Norris
Asheville
