Occupy Fresno, Vanessa Aranda, Dallas John Blanchard Jr, Noah Canton, William Delara, Carlos Diaz, Michael Dominquez, Matthew Stephen Duris, Chad Austin Hopper, Joseph Hunter, Ruben Verdugo v. County of Fresno, Fresno County Board of Supervisors, Margaret Mims, John Navarrette, Jorge Granados, John Thompson
Published: Jan. 14, 2012 | Result Date: Dec. 14, 2011 | Filing Date: Jan. 1, 1900 |Case number: 1:2011-cv-01894 Bench Decision – Mixed
Court
USDC Eastern
Attorneys
Plaintiff
Defendant
Facts
Occupy Fresno protesters were evicted from camping overnight in Courthouse Park, a city park and for lack of permits for assembly and in passing out leaflets. The protesters claimed that the county of Fresno's policies and customs violated their First Amendment rights. The protesters sued the county to enjoin it from enforcing the unconstitutional policies and ordinances.
Result
The motion for preliminary injunction was granted with respect to two out of three requests. Judge Breyer ruled that the county can enforce a ban on loitering and camping in the park between midnight and 6 a.m. While the court declined to grant the motion regarding overnight stays in the park, the court did enjoin the County of Fresno from arresting persons for holding signs and distributing leaflets in the park during the day. The County of Fresno was also enjoined from enforcing an ordinance requiring groups of ten or more to obtain a permit to assemble.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390