Occupy Sacramento's motion in federal court for a preliminary injunction to keep the city from enforcing its curfew ordinance at Cesar Chavez Plaza has been withdrawn.
Oral arguments on the motion were scheduled for Jan. 5 before U. S. District Judge Morrison C. England Jr. Three weeks ago, the judge denied the movement's request for a temporary restraining order while the preliminary injunction motion was being briefed and heard.
"It's unlikely we would prevail on the injunction motion in light of the court's ruling on a restraining order," said Occupy Sacramento attorney Mark Merin. He said he would rather get on with deciding the case on the merits.