SACRAMENTO (CBS13) – Civil rights lawyers are taking steps to sue the city of Sacramento over the arrest of demonstrators taking part in the Occupy Sacramento movement which is now in its 19th day.

Lawyers have sent a letter to the City Manager, City Attorney and City Hall arguing the city has violated the demonstrators’ First Amendment rights.

Protestors say they should be allowed to stay in Cesar Chavez Park overnight despite a city ordinance makes that illegal.

The Sacramento City Council has refused to make an exemption for the protestors.

Police have arrested seventy-five demonstrators who refused to leave the park since the movement began.

They face unlawful assembly misdemeanor counts.

An attorney working on behalf of the movement says the city’s use of scarce resources to arrest peaceful demonstrators is “senseless”.

“We have the right to assemble peacefully, to discuss among ourselves, to educate each other, to learn, to speak freely. That does not cut off at 11:00 o’clock or 7:00 o’clock or whatever,” said Mark Merin, Attorney For Occupy Sacramento.

The letter sent to the city asks for a compromise saying perhaps the city could limit the number of people allowed in the park overnight.

But the attorneys are asking for a “quick decision” and if they don’t get a quick resolution they could take their case to Federal Court.

What happens next remains unclear, but one thing you should not expect is to see the end of the ‘Occupy Sacramento’ anytime soon.

As of noon Monday, the city had not yet returned calls from CBS13 for comment.

Comments (27)
  1. Dan says:

    They want the attention, they want the lighs, the cameras, but when they are arrested for not leaving after the park closes, they threaten to sue. Bunch of losers is what all of these people are. If your going to violate the law, you should be ready to do the time and not cry about it.

    1. Doc says:

      Would your comment include those bankers and others who violated the laws (through fraud and later perjury before Congress) and then cry about being prosecuted? Oh wait, sorry…that’s right, none of them have been prosecuted so there is no crying from them…sorry.

      1. GOD says:

        Hey Doc. Are you saying that 2 wrongs make a right? I think your brain should be sued for mental malpractice. leave it to the dems to think that way. All you protesters out there make me sick. 1st Amendent states absolutely nothing about the right to assemble after a location is closed for the evening. Your 1st amendment becomes “TRESSPASSING”. But then again, why should any of them get the hint? they are nothing more than a waste of skin. “OH, & BY THE WAY, I AM ON THE JURY DUTY.” So if i get any case pertaining to the “Occupy” arrests,,, GUILTY!!!

      2. Doc says:

        @GOD, wow! That’s the way to perform your civic duty and uphold the integrity of the system, go into jury duty with a preconceived verdict before hearing the facts or case. Awesome! You must think of yourself as a great American patriot, I’m sure. And you are correct, the 1st Am. states nothing about the right to assemble after a location is closed for the evening. In fact, it only states that the right (of speech or to peaceably assemble or to petition the Government for a redress of grievances) shall not be abridged. It is the US Sup. Ct. that has interpreted the power of govt. to abridge that right by time, place, and manner. So, please, read and understand your Constitution and its jurisprudence before lecturing others on it. Personally, I am not saying I like the protesters, I am just saying I support their right to protest peaceably (and they are doing it much more peaceably than the Founders did at the Boston Tea Party, I might point out).

    2. Jamie says:

      You’re so right……tea-bagger……..NOT! HAHAHAHAHAHAAHA

    3. Telly Blackwood says:

      Your a real work of art dude… probably a yuppy conservative republican that probably works in the corruption.. loser!

  2. Mark Meade says:

    These are no more than whiney brats. who are the leaders?..they are afraid to show themselves. They will let others be arrested , while they hide in the Shadows.

    The press conference is at 10 :30

  3. Jake says:

    When the protesters infringe on the rights of others. Their first amendment rights have ended

  4. Phillip Moya says:

    The freedom of speech is priceless. I don’t believe they should sue but they should reach an agreement as to how they should continue. It’s the governments fault for not coming up with solutions. I believe they are frustrated. They are out their for your brother and sister who has been laid off. They are out the for the police and firefighter and school teacher who has been let go. They are just trying to let someone know they are upset. They are tired of gridlock. If congress can’t find a solution maybe thousands of heads together will. The only other option is to put your head in the sand.

    1. GOD says:

      they are breaking the law when they remain in the park after closing hours. That is their fault and NOBODY ELSES”.

  5. Lazy Lazy Lazy says:

    The only relatives I have out of work are druggies and alcholics. They get Disability benefits, subsidized housing, food stamps, free medicare, etc. They booze it up all day and suck the system dry. I have no respect for them and disowned them even though they are family. These prtestors are the same. Give me something for nothing. Or give me what he has becasue it is only fare. Bull!!! You have to work for it to get it. You have to sometimes fail before you succeed. Life is hard. But not impossibl if you try. I am making more in this economy then ever before in my life. I am 41 and not from a rich family or in politics. It is getting easier to succeed because so many are giving up.

    1. Joanne says:

      & ur a liar too.

  6. Jamie says:

    HAHAHAHAHAHAHAHAHAHAHHAHAHAHA…..good for them! Suing their frigging arses is the only way!!! You go! Civil rights lawyers!! HAHAHAHAHAHAHAHAHAHAHAHAHAHAHA

  7. Landsnekt says:

    The City has passed an unconstitutional law. There is nothing in the constitution that limits free speech to end at midnight. As long as they assemble peacefully, they should be able to protest with out fear of government repercussions.

  8. Too busy working to whine says:

    Ironic how these people with no jobs at Cesar Chavez Park are completely unwilling to get a job doing what Cesar Chavez did, work the farms. There’s jobs out there, but they think they’re too good to do them.

    1. Doc says:

      Or perhaps they see the higher calling now is to speak truth to power. Whether you agree with them or not (and it’s hard not to agree with their basic premise when they don’t have any specific demands, but are more angry with Wall St. committing fraud on the US public and then profiting through a taxpayer-funded bailout; I don’t understand what is controversial about this), you should support their exercising your 1st Am. rights so that those rights are there when you choose to exercise them, too. Those who can’t understand that are just sheep who deserve the shearing they get.

      1. Baaa! says:

        That may be the reason why other cities are protesting, but in Sacramento, these protesters have yet to declare clearly as to why they are there. Even in their Wikipedia entry, it only talks about WHAT they are doing, but doesn’t even begin to explain WHY they are there. They follow without questioning why they are there or who is there amongst them. That sounds more like sheep to me.

      2. Dock sucks D I C K says:

        The followers of the Dem party are the sheep. And Doc, I doubt that you are even employed, and if you were, you would be on the other side of the argument.

  9. What a scam says:

    Lawyers sue over anything. One of the biggest waste of taxpayers money and limited resources are unemployed ambulance chasing lawyers. I am sure the founders of our country did not have this in mind when they wrote article #1 of the constitution. By the way the same people who demand their first amendment rights deny the validity of the second amendment. Basically a bunch of hypocrites and losers who have no drive or ambition.

  10. Telly Blackwood says:

    If you dont know your rights you don’t have any! And these corrupt counties like Placer and Sacramento! There is NO due process! In Placer there is sub contracted Law firms as public defenders LOLOLOL! CHAOS! And no one cares until it happens to them! Occupy Sacramento is about putting your foot down on corruption! Not just oh I can’t find a job!

    1. Telly sucks D I C K says:

      Hey Telly, Welfare just called… You have been denied.

  11. Ray says:

    That is all Lawyers are good for taking advantage of every thing they should be put in jail too.

  12. Tapestry says:

    Ah laywers aren’t they just a gift from Heaven,
    they bring such wonderful karma into a frenzy of homeless, nut,
    exhiippie cases.
    What would the state do without them?
    Probably save a lot of money!

  13. ron says:

    you have the right of free speech as long as you dont break the law in doing so
    when the park closes at 1200 and you are still there you are breaking the law plain and simple would you go into a store after it closed to shop no you would get arested whats the difference you vote for ordinaances and laws and cant abide by them what a shame

  14. Whiners and Losers says:

    Let these rent-a mob losers defecate and urinate in the park…smoke drugs and drink brown bag wine…who cares …this is who Obama identifies with and it turns people off…whining wanna-be hippies…totally worthless…GOP Landslide in 2012

  15. Mkguyver says:

    Thanks for this opportunity to leave a comment.

  16. penguin676 says:

    The Occupy Movement is assembling at Cesar Chavez Park, which has established opening and closing hours. The fact that the City of Sacramento is enforcing those hours has NOTHING to do with the curtailing of the right to peacably assemble or the right to freedom of speech. The Movement just needs to find a more suitable place to demonstrate that is available 24 hours a day.

    Maybe the Movement could strike a deal with Cal Expo (or some other venue) to use their facilities 24/7. As long as they remain peaceful then the City wouldn’t be able to do anything against them. For that matter, couldn’t they just carry their signs up and down the public sidewalk? As far as I know there are no time restrictions on public sidewalks.

    The bottom line is that if you want to peacably assemble, speak freely, and petition the government with your grievances then go right ahead, but that doesn’t mean you can ignore other laws in the process.

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