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Fri Dec 7, 2012, 06:45 PM

 

Occupy Cleveland arrests reversed, law found unConstitutional

BЯΞAKB∃∆Ƭ ‏@BreaKBeatJunkee

#OccupyCleveland arrests RT @TimRussoCLE @BreaKBeatJunkee arrests in 2011 ruled UNCONSTITUTIONAL by OhioAppCt http://www.supremecourt.ohio.gov/rod/docs/pdf/8/2012/2012-ohio-5749.pdf … …



{¶1} For purposes of this opinion, the appeals of both appellants Erin
McCardle and Leatrice Tolls have been consolidated.1

{¶2} Appellants Erin McCardle and Leatrice Tolls appeal their
convictions for violating Cleveland Codified Ordinances 559.541 (“CCO
559.541”), which prohibits remaining, without a permit, between the hours of
10:00 p.m. and 5:00 a.m., on an area of downtown Cleveland, Ohio known as
Public Square, specifically, the Tom L. Johnson quadrant.2 They assign the
following error for our review:

I. Cleveland Cod. Ord. 559.541 is unconstitutional under
the First and Fourteenth Amendments to the United
States Constitution.

{¶3} Having reviewed the record and pertinent law, we reverse and
remand the trial court’s decision. The apposite facts follow.

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Reply Occupy Cleveland arrests reversed, law found unConstitutional (Original post)
Fire Walk With Me Dec 2012 OP
CaliforniaPeggy Dec 2012 #1
LeftofObama Dec 2012 #2
Downwinder Dec 2012 #3
dixiegrrrrl Dec 2012 #4
Fire Walk With Me Dec 2012 #5
Downwinder Dec 2012 #6
Fire Walk With Me Dec 2012 #7

Response to Fire Walk With Me (Original post)

Fri Dec 7, 2012, 06:49 PM

1. GREAT NEWS!

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Response to Fire Walk With Me (Original post)

Fri Dec 7, 2012, 06:59 PM

2. Cool! n/t

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Response to Fire Walk With Me (Original post)

Fri Dec 7, 2012, 07:07 PM

3. Slap!

Judgment reversed and remanded for further proceedings
consistent with this opinion.
It is, therefore, considered that said appellants recover of said appellee
their costs herein taxed.
It is ordered that a special mandate be sent to said court to carry this
judgment into execution.

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Response to Fire Walk With Me (Original post)

Fri Dec 7, 2012, 07:22 PM

4. Hot damn on a fire stick!!!!

Nice to know SOME courts follow the Constitution.
Is the decision going to be appealed?

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Response to dixiegrrrrl (Reply #4)

Fri Dec 7, 2012, 10:00 PM

5. That's all the information I have; logically, the city will appeal. Hopefully, they won't. n/t

 

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Response to Fire Walk With Me (Reply #5)

Fri Dec 7, 2012, 10:17 PM

6. The way that the decision is worded an appeal is doubtful.

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Response to Downwinder (Reply #6)

Sat Dec 8, 2012, 02:03 AM

7. Good.

 

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