We have just heard that the local Federal Court has denied the application for a temporary restraining order (TRO) by Occupy San Diego against the City of San Diego and the Police Department. Judge William Hayes made the ruling.
The ruling took a unusual while to come down – nearly a week and half. It was on November 22, 2011 that the Occupy SD movement went to court seeking a TRO to prevent the City from enforcing San Diego Municipal Code section 54.0110. The Muni Code section has been used by the City and police to prohibit people from placing any object on City property.And of course, Civic Center Plaza – where the occupiers have demonstrated for five weeks now – is city property.
As such, anything that anyone ever placed on the City property could subject them to arrest. The City has been using this ordinance to prevent Occupy SD from erecting tables, canopies or signs in the Civic Center Plaza.
Attorney Todd T. Cardiff represented the plaintiffs, Eugene Davidovich, Davina Lynch, and John Kenney – all members of the Occupy movement or among its supporters. Bryan Pease is the lead attorney on the case.
We will post additional information when it becomes available.