Occupy SD Restraining Order Request Denied

Protesters not allowed to set up camp

By Andie Adams
|  Friday, Dec 2, 2011  |  Updated 7:45 AM PDT
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Occupiers Can't Camp Out, Judge Says

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A federal judge has denied a request by Occupy San Diego protesters for a restraining order against San Diego police.

Three representatives of the movement filed the request over two weeks ago. Their goal is to prevent police from enforcing a city municipal code that prohibits people from putting objects –such as tents—on public property for an indefinite amount of time.

Protesters argue the code is too vague and infringes on their First Amendment right to free speech. They say police threatened to arrest them if they put down their bags or purses or sit on the ground to make cardboard signs.

The city says that the code protects the public’s health and the city’s property from damage, overuse or unsanitary conditions.

United States District Judge William Hayes ruled that the Occupier’s restraining order will not go forward.

According to a court document, the judge concluded that “the ordinance provides adequate guidelines to govern law enforcement and to avoid the potential for arbitrarily suppressing First Amendment liberties.”

Do you think the judge made the right decision? Let us know by commenting below, sending us a tweet at our Twitter @NBCSanDiego or commenting on our Facebook page.

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