SACRAMENTO (CBS13) — A federal judge has denied Occupy Sacramento protesters in their petition to assembly at Cesar Chavez Park overnight.

Judge Morrison England upheld the city’s ordinance that parks be vacated at curfew, citing a U.S. Supreme Court case in 1984 where a group was camping in the park across from the White House to raise awareness about homelessness.

England was also critical of Occupy Sacramento attorneys, asking why they hadn’t applied for a special-use permit earlier. The group applied for the permit this week and the city hopes to have a decision on it by Monday.

Mark Merin, an attorney representing Occupy Sacramento, said the group had previously inquired about the permit but wasn’t receiving cooperation from the city.

Earlier today, dozens of Occupy Sacramento protesters were in court, including anti-war activist Cindy Sheehan, and a federal hearing was set to take place later this afternoon.

The occupiers arrested in Sacramento entered not guilty pleas and 40 jury trials were scheduled for Dec. 13. Another wave of protesters will have arraignment hearings on Nov. 16.

The protesters are facing misdemeanor charges for camping out in a Cesar Chavez Park overnight.

The Sacramento County District Attorney’s Office isn’t pressing charges, but Sacramento’s city attorney is planning to prosecute the cases.

Sheehan, who was one of those arrested in the park, says it’s a waste of taxpayer dollars to press charges against them.

“We’re pleading not guilty, not taking any offers, because we believe in the principle of non-violent peaceful assembly and the First Amendment to the Constitution,” she said, “and we believe those are being violated by the city of Sacramento and the police.”

Comments (9)
  1. SU2-Bullies says:

    “… the principle of non-violent peaceful assembly and the First Amendment to the Constitution” … does not mean anywhere at anytime. So as much as you “feel” like you are right, we live in a nation ruled by laws, not one ruled by feelings. You can protest and picket. You cannot block my right to pass. You can speak your mind about your message. You can’t keep me up all night standing outside my residence. People not participating in your protest are also protected by those same Constitutional rights. Your rights are limited when they deny me my rights. Just like mine stop where yours start. The judge understood that.

  2. johnmunyer says:

    Lawful assembly and freedom of speech is a seperate issue from tresspassing,which the law says these folks are doing by being in the park past curfew…enda story 1

  3. Real American says:

    Occupy Sacramento should go into stand up comedy. Because the whole state is laughing at them.

    Good call judge. You are 1 out of a million that ACTUALLY understands the constitution and laws.

    As for Occupy, go directly to jail, do not pass GO, do not collecty $200

  4. Rusty says:

    Let them assemble…then gas them.

    1. LOL says:

      Yep, that’s what can be expected from Thanksgiving at your house I’d expect.

  5. jmc says:

    Wonder what they will think if a loved one is denied help because the police are busy dealing with them as llaw breakers instead of protecting citizens ?

  6. Patriot says:

    A 1% judge on the Federal payroll, go figure? LOL!

  7. WalterScott says:

    If the want to have a trial. So be it, but if you lose then I hope the judge has you pay all court costs. We have rule of law. Free speech is one and assembly is another. If the city has curfew rules and you break them. Take the arrest like an adult and if a fine is imposed pay it like a adult. I thinks it funny how all these celebrities are your supporters but you say nothing about their millions they make. Michael Moore worth 50 Mil and that is Ok for him but no one else. I could go one, but that is a waste of breath.

  8. JustRemember says:

    All OCCUPY trials will be the scene of further occupation.

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