"If my clients are not pleased with the modification, we do intend to appeal it," said civil rights attorney Geeta Kapur, who is representing the NC NAACP in the case.
State NAACP President Reverend William Barber was at the Wake County Justice Center for Wednesday's hearing. He and 30 other protestors were banned from coming back to the legislative building after they were arrested during a protest there on May 30.
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Barber said Wednesday the ban is unconstitutional.
"The law is on our side," Rev. Barber said. "The law of man and the moral law are together. We have a right to instruct our legislators."
But the prosecution is defending that ban after arrests at several Moral Monday protests.
"Here we are, roughly four years later," the prosecution said. "This has been continuing a pattern of behaviors and they still show intent to remain or to keep coming back."