UPDATE: Group claims unfair pavilion privileges

FORT WAYNE, Ind. (WANE) - The “Occupy” protests happening in Fort Wayne have been peaceful since starting more than two weeks ago. But the group had to move locations when the pavilion it had been using was rented by another group. Occupy Fort Wayne now has tents set up in Freimann Square.

Up until now, the group had been staying at a pavilion in Headwaters Park.  Officials from Fort Wayne Mayor Tom Henry's office said all rental fees were waived for the group to stay in the pavilion to support their freedom of speech rights. City code allows for the mayor to make rental fee exceptions for events he sees fit.

The mayor's office said the protesters were welcome to stay fee free as long as they remained peaceful and cooperative. 

According to the city, the pavilion they occupied has been rented for Saturday and protestors will have to leave the premises by that day. Friday a few members were cleaning up as the group left.

Ric Runestad said he has rented the pavilion. He said he is a member of a 9-12 group which is holding a rally at the Headwaters Park pavilion called 'Liberating Occupy Territory." 

But, members of the Occupy movement said the forced move doesn't hurt their cause.

"They did us a favor. By doing that, they're essentially moving us to a more visible location and we'll be able to get our message across more frequently," Bob Haddad, a protested with Occupy Fort Wayne, said.

According to the Fort Wayne 9-12 website, its mission is to inspire individuals and groups to connect with their communities through education, service and dedication to the 9 Principles and 12 Values.  Those values include belief in God, honesty, justice and limited government.  Click here to see the entire list.

Unlike the Occupy Fort Wayne group, the mayor has not made a rental fee exception and they must pay the $510 pavilion fee and obtain liability insurance for the Saturday event.

"We shouldn't have different standards and different rules. If one group has to pay and if another more politically agreeable group comes around they should have to pay too," Runestad said.

Fort Wayne city spokesman Frank Suarez said Runestad asked to rent the pavilion on Thursday and the city granted him access. Suarez said Runestad didn't ask to use the pavilion for free under the freedom of speech rights.

"They didn't have to pay. They chose to pay. They chose to rent the place. Anybody can use public parks, but it doesn't mean you'll get the spot you think you're going to get because it's open to the public. We made it clear to the Occupy Fort Wayne people that because they weren't renting they would have to leave if someone wanted to rent the pavilion," Suarez said.

Several republican candidates, including mayoral candidate Paula Hughes, will speak at the 9-12 rally on Saturday. The event starts at 2 p.m.

"[The Henry administration has] painted themselves into a corner by choosing to disregard the law by not requiring Occupy Fort Wayne to do what is required of everyone else. How do you go back to any group and say you have to pay for something because you're not Occupy Fort Wayne," Runestad said.