Eight Occupy Santa Barbara protesters filed a lawsuit on Thursday seeking an injunction against the City of Santa Barbara that would bar police from issuing citations to protesters for sleeping, camping, and remaining in De la Guerra Plaza after 10 p.m. The lawsuit also seeks damages for the private property confiscated by police — including tents, sleeping bags, and first aid kits — as well as damages caused by all prior arrests. According to the suit — written by attorneys Joe Allen, Alan Karow , and Robert Landheer — the city is violating citizens’ rights to freedom of speech, assembly, and petition under both the state and federal Civil Rights acts. It states that De la Guerra Plaza is “a traditional public forum for gathering to exercise free speech and to petition government for redress of grievances.” The city did not respond to requests for comment by press time.
Occupy S.B. Files Injunction Against City
Seeks Damages
Saturday, December 3, 2011


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Suggestion: how about providing a link to the filing? It would be interesting to read. On the face of it, I don't see how removing tents and other sleeping materials from a city - public - park inhibits speech. If the City is barring people from standing (or sitting) or speaking in the park, that would be one thing. Is sleeping part of "assembly" in the 1st Amendment protections?
at_large (anonymous profile)
December 3, 2011 at 11:47 a.m. (Suggest removal)
The U.S. Supreme Court has been crystal clear that what they are griping about does not limit free speech.
As before, they're just throwing as much crap, figuratively and literally from the looks of the former Occupy LA encampment, and hoping some of it will stick.
italiansurg (anonymous profile)
December 3, 2011 at 11:56 a.m. (Suggest removal)
Oh for goodness sakes, go home to sleep!
santabarbarasand (anonymous profile)
December 3, 2011 at 2:33 p.m. (Suggest removal)
SBsand: "Oh for goodness sakes, go home to sleep!"
HAHAHA! Yep, that's what I choose to do every nite of the week, unless I'm occupying a real campground in the LPNF or beaches. Gonna occupy my warm bed tonite, it's chilly out :) henry
hank (anonymous profile)
December 3, 2011 at 5:51 p.m. (Suggest removal)
good job sb attorneys and occupy-erz! we are sick of your fascist stormtrooper punk police screwing with us. you dont like to see people in tents? well too gudamm bad. we are peaceful. we dont fight your abuse. we dont wear riot gear. if you didnt have tunnel vision and a huge buildup of wax in your ears and you studied in HS and college, you would understand- these are our RIGHTS AS AMERICANS. so you can shut your stinky pieholes and go live in moneycito where you dont have to see a non-white person, a poor person, or a peaceful protestor acting under their RIGHTS AS AMERICANS. you are so far removed, such stereotyping elitist pigs that you dont get it. when your castle crumbles, and it will, you will see another GREAT depression. and you better get multilingual quick if you are as intelligent as you think. you dont research and you are incapable of understanding. but soon enough your gonna lose it all and get pepper sprayed down the throat by a gestapo death squad and the golf course you love will be your new home.
redgypsyqueen (anonymous profile)
December 3, 2011 at 7:09 p.m. (Suggest removal)
Reddipsyqueen: "and you better get multilingual quick if you are as intelligent as you think."
De que carajo tu estas hablando? Estas sonando como una comunista. Ay, si, claro que eres una comunista, racista tambien. Parece que las drogas estan teniendo el efecto merecido. No es mi culpa que tu eres una blanca que se odia :) enrique
hank (anonymous profile)
December 3, 2011 at 8:49 p.m. (Suggest removal)
hank, you fool. im not gonna let you know anything about me or how many languages, etc...
"reddipsyqueen"
or
"wank"?
redgypsyqueen (anonymous profile)
December 4, 2011 at 1:49 a.m. (Suggest removal)
Hank: Porque dices que redgypsyqueen (reina roja gitana) es una blanco cuendo por definicion, su nombre nos dice que (ella) es roja? Ja ja.
Lo mejor de estes blogs es el entrentemiento gratis. Viva el sindroma de Asperger. Que los locos dominen!
billclausen (anonymous profile)
December 4, 2011 at 2:15 a.m. (Suggest removal)
I hearby protest this ill treatment of Hank: He has Asperger's Syndrome (a form of autism) and is additionally a Latino so whoever insults him may run afoul of the Americans (even though he's from Cuba) with Disabilities Act and possible racial harassment.
But seriously, if the occupiers want change, they must VOTE for it. Registered Democrats have the right to vote for someone else in the primary, (thus changing the Democratic Party's direction to a more Progressive one if they wish) and/or writing someone in on voting day.
What makes no sense is to "occupy", but have no follow-up plan for effecting change via making nonviolent changes in the voting booth.
billclausen (anonymous profile)
December 4, 2011 at 2:25 a.m. (Suggest removal)
I guess my fluency in three languages will be helpful when I'm banished to living on a golf course? Or not. Someone needs to let me know which languages will be in vogue so I can get ready.
Also, I hate golf so I hope this does not get me in trouble with my new housemates
One final request: I don't want to live on the golf course with Don M or Joyce Dudley but I think I'd get along with hank, bc, and waz.
Thanks.
italiansurg (anonymous profile)
December 4, 2011 at 6:11 a.m. (Suggest removal)
GuillermoC: "Porque dices que redgypsyqueen (reina roja gitana) es una blanco cuendo por definicion, su nombre nos dice que (ella) es roja? Ja ja."
Que me dices? Yo Si dije blanca, no blanco. Mira a mi post, yo dije ".No es mi culpa que tu eres una blanca que se odia."
Actualmente, ella es reddizzyqueen.
Surgitaliano, seremos buenos vecinos, tu, waz y guillermoclausen, en el curso de golfe, pero verdad, sin Don, Joyce, y ahora, la reina roja mareada :) enrique
hank (anonymous profile)
December 4, 2011 at 6:29 a.m. (Suggest removal)
Jose de La Guerra donated what is now called De La Guerra Plaza to The people of Santa Barbara, not the City of Santa Barbara. I would question that the city of Santa Barbara can enforce laws on the property.
JoeSixPack (anonymous profile)
December 4, 2011 at 8:18 a.m. (Suggest removal)
Thanks hank. With respect to roja mareada, well, we will need to enforce some basic standards for basic mental health which will mean Don and ole' roja will need their own spot on the course, maybe with a padded chain link fence...
Poor JoeSixPack does not understand our Democratic Republic and who speaks for "the people"; our local, regional, state, and national government. Perhaps JSP suffers from being the product of a public school education and does not understand basic civics. Why do immigrants like hank and I have a better understanding of these tenets than many natives?
Se la vie...
italiansurg (anonymous profile)
December 4, 2011 at 9:09 a.m. (Suggest removal)
Nice distraction folks from the issue at hand:: First Amendment Rights at De La Guerra Plaza, regardless of language used.
Ken_Volok (anonymous profile)
December 4, 2011 at 12:51 p.m. (Suggest removal)
"Que me dices? Yo Si dije blanca, no blanco. Mira a mi post, yo dije ".No es mi culpa que tu eres una blanca que se odia."
It was play on words: You're saying she's white, but her name says she's red.
billclausen (anonymous profile)
December 4, 2011 at 3:59 p.m. (Suggest removal)
"Someone needs to let me know which languages will be in vogue so I can get ready."
Marathi, Xhosa, and the Bokmal version of Norwegian.
billclausen (anonymous profile)
December 4, 2011 at 4 p.m. (Suggest removal)
Am I the only one who questions the motivation of the attorneys involved in this action? What do they hope to gain... remuneration? notariety? I don't know 2 of the attorneys involved, but one of them has enough notariety already, I would think.
Mitzi (anonymous profile)
December 4, 2011 at 5:25 p.m. (Suggest removal)
BillC: "It was play on words: You're saying she's white, but her name says she's red."
HAHAHA! Bill, you always crac me up, makes my day all the time.
Italiansurg: "Why do immigrants like hank and I have a better understanding of these tenets than many natives?"
Appreciation for what this country & hard work has given us?
KenV: "First Amendment Rights at De La Guerra Plaza, regardless of language used."
I never knew a urban capmping trip was covered by 1st Amendment Constitutionl Rights. Next time I'm camping @ El Cap or Refugio I will tell the park rangers I can stay indefinitely w/out paying, it's my 1st Amendment Constitutionl Right to do so. Jeez Ken, come down to Earth bro! Your orbital pattern indicates pre-mature burnout.
Mitzi: "Am I the only one who questions the motivation of the attorneys involved in this action?"
The plot thickens. I thought about this issue as well, came up w/ similar conclusions :) henry
hank (anonymous profile)
December 4, 2011 at 7:24 p.m. (Suggest removal)
How is getting reimbursed for some confiscated tents going to fix the rotten core of pay-to-play politics, taxation inequities, election finance reform, and overall corruption to benefit the rich?
Imagine how the 99% could benefit instead with all this effort focused on the 2012 election to kick out some vulnerable Tea Party Republicans in Congress from Fresno or wherever.
http://www.calbuzz.com/2011/11/18254/
John_Adams (anonymous profile)
December 5, 2011 at 4:51 a.m. (Suggest removal)
Unfortunately its often not just some old tents that are confiscated but I do agree energy needs to be focused on the ballot box as well, and maybe some recalls before the normally scheduled elections now that voters in Wisconsin and other places have had a sample of bitter tea.
Ken_Volok (anonymous profile)
December 5, 2011 at 8:27 a.m. (Suggest removal)
"If you didnt have tunnel vision and a huge buildup of wax in your ears and you studied in HS and college, you would understand- these are our RIGHTS AS AMERICANS. so you can shut your stinky pieholes and go live in moneycito where you dont have to see a non-white person, a poor person, or a peaceful protestor acting under their RIGHTS AS AMERICANS."
- redgypsyqueen
It looks like somebody actually needs to READ The Constitution. Stinking up a public space is NOT your right. To atttempt to enjoin law enforcement from enforcing the law makes about as much sense as your ridiculous little "movement". This is obviously an attempt to breathe life into a dying "movement". Rest in peace, Occupoo.
waz (anonymous profile)
December 5, 2011 at 9:12 a.m. (Suggest removal)
So much for the Occupy Movement just being deadbeats: Zucotti Park Owners owe 139,000 in back taxes.
http://www.nydailynews.com/new-york/z...
Ken_Volok (anonymous profile)
December 5, 2011 at 10:18 a.m. (Suggest removal)
Confiscation is one thing, damage is another.
spacey (anonymous profile)
December 5, 2011 at 12:16 p.m. (Suggest removal)
KenV: "So much for the Occupy Movement just being deadbeats: Zucotti Park Owners owe $139,000 in back taxes."
Yep, that is true. But unlike occufail's debt addled participants, the owners of Zucotti Park aren't expecting somebody else to pay it off for them :) henry
hank (anonymous profile)
December 5, 2011 at 8:46 p.m. (Suggest removal)
"If you didnt have tunnel vision and a huge buildup of wax in your ears and you studied in HS and college, you would understand- "
My sister had a huge wax buildup in her ears, went to the doctor yesterday, had them drained, and feels much better.
And now, Hank's musical tribute the redgypsyqueen
http://www.youtube.com/watch?v=StC5lw...
billclausen (anonymous profile)
December 6, 2011 at 2:02 a.m. (Suggest removal)
HAHAHA! Bill, always out to make me laugh even more than I usually do (which is actually a hell of a lot!)! Still coming down from the Gary Numan picture comparison :) henry
hank (anonymous profile)
December 6, 2011 at 11:43 a.m. (Suggest removal)
Yeah the owners of Zucotti Park will just mug someone to get the money.
Ken_Volok (anonymous profile)
December 6, 2011 at 11:58 a.m. (Suggest removal)
Nope, the occufails already did the mugging. NEXT! :) henry
hank (anonymous profile)
December 6, 2011 at 12:18 p.m. (Suggest removal)
You could always market your pomposity to raise funds for the park :)
Ken_Volok (anonymous profile)
December 6, 2011 at 2:38 p.m. (Suggest removal)
It would be really interesting (and very helpful to some folks' arguments) to be able to read the actual motions (for the injunction and the damages.) More interesting will be the City's replies.
Anyone have any further info on the specifics of these?
sacjon (anonymous profile)
December 6, 2011 at 2:44 p.m. (Suggest removal)
Sacjon: "It would be really interesting to be able to read the actual motions."
It definitely would. Aren't they available yet?
KenV: "You could always market your pomposity to raise funds for the park :)"
HAHAHA! Pompous! HAHAHA! Actually Ken, that is quite the compliment, never been called that 1 before, but there's a 1st time for anything.
But truth be told, I can't market anything, can't run a business & I would never want to.
Maybe I should market that skill, make a men's cologne:
"Pompous, for the man who just knows."
I smell $$$! Don't worry Ken, I'll cut you in on a % (50:50 sound fair?) since you thought the name up.
Inspiration comes from the most surprising places! :) henry
hank (anonymous profile)
December 6, 2011 at 3:23 p.m. (Suggest removal)
"Pompous of Pompeii, for the narcissist in you". (Available at all participating stores)
billclausen (anonymous profile)
December 6, 2011 at 8:24 p.m. (Suggest removal)
Thanks for the tip bc, I'll get mine electronically to my Kindle so I can read it on a plane with less weight...
italiansurg (anonymous profile)
December 7, 2011 at 6:42 a.m. (Suggest removal)
"I smell $$$! Don't worry Ken, I'll cut you in on a % (50:50 sound fair?) since you thought the name up.
Inspiration comes from the most surprising places! :)"
- hank
Henry! Are you implying that socialist Kenny would dare engage in...dare I say...CAPITALISM?!
waz (anonymous profile)
December 7, 2011 at 8:37 a.m. (Suggest removal)
I do know that KV will gladly reap the rewards of our capitalist activities. Maybe he's not so dumb after all.
hank-I'm sure you can get him/her/it down to 20% max; take advantage of his/her/it's naivety...
italiansurg (anonymous profile)
December 7, 2011 at 10:18 a.m. (Suggest removal)