Editor: Here is a brief report of Occupy San Diego’s day in court by Todd Cardiff, the attorney who argued the demonstrators’ case in Federal Court today.
By Todd T. Cardiff, Esq.
On November 22, 2011, the Occupy SD movement, represented by Plaintiffs Eugene Davidovich, Davina Lynch, and John Kenney, appeared in court seeking a temporary restraining order (TRO) preventing the City from enforcing San Diego Municipal Code section 54.0110. Attorney Todd T. Cardiff represented the plaintiffs. Bryan Pease is the lead attorney on the case.
Plaintiffs argued that the ordinance prohibited people from placing any object on City property. As such, anything that anyone ever placed on the City property could subject them to arrest. The City has been using such ordinance to prevent Occupy SD from erecting tables, canopies or signs in the Civic Center Plaza.
The City argued that the ordinance was not vague and that it was enacted to prevent people from essentially camping out on city property. They claimed that the police were not prohibiting people from temporary setting down backpacks, purses or other personal items. Unfortunately, the evidence demonstrates that people are being ordered by SDPD not to set anything down, and have, in fact, been threatened with arrest if they set down any personal items on public property (ie. the side walk or plaza).
The court, after hearing oral argument, to the matter under submission, and will issue a ruling shortly.