Saturday, January 7, 2012

Federal Court to Decide Occupy Louisville's Rights

Louisville's prosecutor requested the move from circuit to federal court, which suggests the city wants no part of the opprobrium that has fallen on Oakland, New York and other cities for their stormtrooper tactics in evicting Occupiers.

From the Courier:

A request for an injunction that would prevent the city from evicting Occupy Louisville protesters and their tents from Founder’s Square downtown was moved to U.S. District Court in Louisville from Jefferson Circuit Court on Thursday at the behest of the Jefferson County Attorney’s Office.

The move means a hearing scheduled for Circuit Court on Friday will not happen. It is unclear when there will be a hearing federal court.

Bill Patteson, spokesman for Jefferson County Attorney Mike O’Connell, said the case was moved to federal court because protesters claim that it would be an infringement of their free speech if the city does not allow them, and their tents, to stay around the clock in the small park at Fifth Street and Muhammad Ali Blvd.

Since freedom of speech is protected by the U.S. Constitution, “it’s most appropriate to be heard in federal court,” Patteson said.

Occupy Louisville's permit to stay round-the-clock in Founder's Square expired December 31, but the city has made no move to evict them.

Very smart. Let's hope the federal court judge is just as smart.

1 comment:

Rich McLeod said...

Article III is still critical to the Constitution!