One of the judges overseeing the Occupy
Cincinnati trespassing cases
says there's nothing in the city charter
that gives the Park Board the authority to dole out misdemeanors.
Several other municipal court judges
either declined comment or said they would consider the point
Stockdale makes in his letter if it is raised during the
hearings.
Attorneys for the protesters said they intend to do
just that. They already have asked judges to dismiss the charges on
grounds the park board rules violate the free speech rights of the
protesters.
They say Stockdale’s letter raises another
weakness in the city’s case against their clients.
“Whether
it’s a violation of the First Amendment or an over-reach by the
park board, they are clearly relevant questions,” said Rob
Linneman, an attorney for the protesters.