Judge to Rule on Occupy SD Restraining Order

Occupy San Diego protesters went to San Diego Federal Court Tuesday

By Steven Luke and Sarah Grieco
|  Wednesday, Nov 23, 2011  |  Updated 8:00 AM PDT
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A judge is considering a temporary restraining order filed by protesters against San Diego police.

A judge is considering a temporary restraining order filed by protesters against San Diego police.

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Occupy San Diego protesters went to San Diego Federal Court Tuesday.

Attorneys for Occupy demonstrators filed a temporary restraining order against police as a way of getting them to back off. The city calls the restraining order “extraordinary” and “drastic.”

The issue is all about belongings. Police are enforcing the municipal code which prohibits people from putting objects on public property for indefinite periods of time.

They've set up barricades with 24-hour surveillance to make sure the occupiers are in compliance, but say at no time have they prohibited protesters from bringing items as long as those belongings don't demonstrate their intent to camp out indefinitely.

The occupy protesters claim otherwise, saying the municipal code is vague lending to arbitrary enforcement. They say protesters have been told they'd be arrested if they put bags or purses on the ground and they're been kept from bringing American Flags into the area and from sitting down on the plaza to make cardboard signs.

"People who just put down a sign to draw out something on a piece of cardboard were threatened with arrest, put down a jacket to sit on,” said Occupy attorney Todd Cardiff.

SDPD declined to comment until the judge makes a ruling on the case.

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