Occupy Chicago Occupies The Court

Image Credit: misterbuckwheattree

Occupy Chicago had its first of at least two days in court yesterday, when a group of 93 out of the hundreds arrested at demonstrations in October last year demanded the charges against them be dropped. Medill reports the individual court cases were consolidated into what lawyers representing Occupy Chicago said was one of the largest in recent memory.

The core of the city's argument is that park hours trump the right to assemble. ABC 7 reports attorney's for the city argued:

“While the protesters may feel that they are entitled to the park for those seven hours that's not what the First Amendment requires & and that there is no requirement that the city provide people with an alternative."

The National Lawyer's Guild represented the majority of defendants, while attorney Thomas Durkin represented a group of about a dozen demonstrators from the University of Chicago. For Occupy Chicago and their attorneys, the right to free speech and peaceably assemble trump any municipal park codes. Durkin argued that the city violated the First Amendment rights of the arrested, on the grounds that it did not provide an alternate space after the park closure rules were enforced. CBS 2 reports defense attorney Robert Stainthorpe criticized the city for the arrests, saying:

“Making the protestors be arrested, taken to jail, fingerprinted, mug shots, conditions of bail set, go to criminal court; now the city’s turned around and said, ‘Oh, it’s not really criminal, it’s just civil. That’s really outrageous.”

Members of Occupy Chicago and their attorneys will be back in court this afternoon for a second day of hearings.

Contact the author of this article or email tips@chicagoist.com with further questions, comments or tips.

By aaroncynic in News on February 16, 2012 9:00 AM

Comments [rss]

ChicagoD

I don't think it's called "occupying" when you are the defendant.

Tafter

This has all the markings of a great heist.

Step one, get inside the system.
Step two, take your message of social justice and your civil disobedience straight to the court/judge.
Step three, occupy your cell.

I'm not sure what they're after, but we all learn a little about the political process and court system. Stick it to 'em, guys.

Navin_Johnson

I love how these folks (who could care less about him) have totally become an obsession with Tafter, to the point of make him mad and hysterical. He doesn't even comment on any other stories at all. Haha.

Tafter

To respond a little more seriously to this:

If you can believe it, Navin, I'm not at all obsessed with the Occupy movement. I've been reading and commenting here for a long time, as you well know. From my perspective, when the Occupy movement sprang up, Chicagoist and the other 'ist publications took it upon themselves to become the mouthpieces for the movement.

Which is fine: their site, their editorial decision, go nuts guys. But it certainly has changed the tone and nature of the site (IMO, for the worse) when you are faced with a new pro-Occupy story multiple times through the day. Given the controversy of the movement, I'm certain it has been good for page hits, but I'm not happy with it.

Luckily, they have this handy comment section where I can bitch and be angry/lonely/not fun, much to the consternation of the many pro-Occupy posters. Also lucky for me: the vast majority of my other usual interwebz hangouts haven't gone gaga for Occupy. Were I facing Navins on every site I visit, I might actually become the cartoon villain you seem to think I am.

Tafter

I think you are missing my posts complaining about celebrity gossip and cross posting in the ist-verse. I try to maintain a diverse set of cranky, anti-social bitching, thank you very much.

I'm OBSESSED!!! I'm ANGRY!!!! BAHRDECARACTICALARRRGGGS!!!!!

Now, off to the keyboard store to replace my third of the week. All of this angry pounding and foaming at the mouth due to OWS does take a toll on the equipment.

(have I pleased you Navin? have I lived up to your every cartoonish characterization of your opponents?)

Navin_Johnson

Indeed, the meltdown is pleasing.

ChicagoD

Did you say that with your fingers are tented out? Or were you petting a cat?

Navin_Johnson

Did you say that with your fingers are tented out?

Tents just for fingers? Sounds pretty bourgie.

ChicagoD

You're doing it wrong. Step 3: profit!

No wait.

I'm pretty sure they're all going to walk out with either small fines or court supervision. I'm also pretty sure that you get arrested when you don't follow lawful commands from a peace officer. I hope that if they really think the park closing law is unconstitutional that they will follow through and take a test case through the court system.

Tafter

I know, I know. I'm itching to see if they'll pull some of their stunts in a court of law, though. Maybe these folks are more restrained that I give them credit for, but that isn't the side of them you see out on the sidewalks.

Sounds like they have good lawyers, though...

slickpoetry

Yeah...I mean what is the result of that going to be...all of America's parks have to be open 24/7 as long as someone in the park is talking? It ain't gonna happen, folks.