By The Chicago Chapter Of The National Lawyers Guild
Cook County Court Judge Thomas Donnelly dismissed over 90 cases Thursday against Occupy Chicago activists who were arrested last October and charged with a violation of rarely used park curfew law. [All links added by the Beachwood Linking Squad.]
Judge Donnelly issued a written ruling Thursday which found that the city’s park curfew ordinance is “unconstitutional both on its face and as applied and all complaints in this case are dismissed with prejudice.” The Chicago chapter of the National Lawyers Guild (NLG) filed motions to dismiss in February on behalf of 92 Occupy Chicago protesters.
Judge Donnelly’s order reads in part that, “The City’s claim that citizen safety, park maintenance and park preservation constitute the substantial governmental interests that justifies closing the park seven hours nightly fails because the City routinely closes the park for fewer than seven hours nightly, making ad hoc exceptions to the Curfew for permitted groups.”
The order continued that, “Because it is undisputed that the City closes Grant Park longer than necessary to serve the governments interests, the Curfew is not narrowly tailored, in violation of the First Amendment. The Curfew also violates the Illinois Constitution which provides a more vigorous right to free assembly, embracing even non-expressive assemblies.”
Posted on September 28, 2012