Occupy Boise asks for temporary restraining order to stay put
BOISE, Idaho (KBOI) - Members of the Occupy Boise protest at the old Ada County Courthouse next to the Statehouse have filed a lawsuit in U.S. District Court saying the law signed by Governor C.L. "Butch" Otter Tuesday that forces them to leave by next Monday is unconstitutional.
The suit claims that the new law violates Occupy Boise's First Amendment right of freedom of speech and assembly. It also claims that the law violates their Fourth Amendment protections against unreasonable seizure and their Fourteenth Amendment right to due process.
It says, in part: "The Occupy Boise vigil is also an ongoing political demonstration. The tent city protest is symbolic speech both intended to convey a political message and understood by the public as political comment."
It goes on to say: "The Occupy Boise tent city is political symbolic speech in a public forum and therefore afforded the highest level of First Amendment protection."
The lawsuit asks the court to let the Occupy Boise protest stay in place and not let anyone forcibly remove it.
Because Occupy Boise has been ordered to leave by next Monday, the group also filed an emergency motion for a temporary restraining order that would allow them to stay.
A hearing has been scheduled for Friday, February 24 at 3 p.m. for a judge to consider that motion.
You can read the entire lawsuit here. (PDF File)
The suit claims that the new law violates Occupy Boise's First Amendment right of freedom of speech and assembly. It also claims that the law violates their Fourth Amendment protections against unreasonable seizure and their Fourteenth Amendment right to due process.
It says, in part: "The Occupy Boise vigil is also an ongoing political demonstration. The tent city protest is symbolic speech both intended to convey a political message and understood by the public as political comment."
It goes on to say: "The Occupy Boise tent city is political symbolic speech in a public forum and therefore afforded the highest level of First Amendment protection."
The lawsuit asks the court to let the Occupy Boise protest stay in place and not let anyone forcibly remove it.
Because Occupy Boise has been ordered to leave by next Monday, the group also filed an emergency motion for a temporary restraining order that would allow them to stay.
A hearing has been scheduled for Friday, February 24 at 3 p.m. for a judge to consider that motion.
You can read the entire lawsuit here. (PDF File)
More to Explore
Learn about changes coming to commenting