On September 27, Chicago Judge Thomas More Donnelly issued a ruling in favor of “Occupy Chicago” protesters who had stayed in Grant Park, an historic public forum, after the park’s curfew—which closed the park from 11:00 p.m. until 6 a.m.—and had been arrested as a result. (On one occasion, this resulted in 173 arrests; on another, in 130 arrests.)
Judge Donnelly – who invoked not only the First Amendment, but also the Illinois Constitution’s especially broad right of assembly—made three key points in support of his ruling.
+ There Was Inconsistent Enforcement of the Grant Park Curfew, Evidencing Unconstitutional Viewpoint Discrimination …
+ The City Did Not Submit a Sufficient Factual Showing to Establish That It Needed the Full Curfew Time to Clean and Maintain the Park …
+ Because Grant Park Is Unique, the Occupy Chicago Protesters Would Lack Ample Alternative Channels for Communication If They Could Not Break the Grant Park Curfew …
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(Source: theamericanbear)
