The Occupy Sacramento movement, which was kicked out of Cesar Chavez Plaza during late night and early morning hours, challenged that action as unconstitutional in federal court. Now it has been kicked out of there, too.
U.S. District Judge Morrison C. England Jr. ruled Tuesday that the city of Sacramento's ordinance imposing curfews in parks without a permit "is … valid time, place and manner restriction."
Further, he ruled, lawyers for the Occupy movement failed to provide evidence that supports their contention the ordinance is being applied specifically to their client in an unconstitutional fashion.
England's 30-page opinion grants the city's motion to dismiss Occupy's lawsuit on legal grounds and closes the book on the constitutional challenge at the trial court level.