Occupy San Diego Sues the City
SAN DIEGO (CN) - Three Occupy San Diego protesters say the city is selectively enforcing a law that prohibits people from placing "any object" on public property.
Their attorney told Courthouse News her clients object to the city's "arbitrary and overboard" enforcement of the law, which the city is using as an "intimidation tactic."
The federal complaint cites San Diego Municipal Code section 54.01.10, which bans "unauthorized encroachments" and makes it illegal to place "any object" on public property, which includes streets, alleys, sidewalks and highways.
"The legislative history of this ordinance is that it was enacted to prevent encroachment of Dumpsters in alleyways," but the city is using it to ban protests in Civic Center Plaza, the protesters say. They want the law declared "void for vagueness," and a violation of the 1st Amendment.
http://www.courthousenews.com/2011/11/18/41564.htm