Occupy Cleveland arrests reversed, law found unConstitutional

[Fire Walk With Me]

BЯΞAKB∃∆Ƭ ‏@BreaKBeatJunkee

#OccupyCleveland arrests RT @TimRussoCLE @BreaKBeatJunkee arrests in 2011 ruled UNCONSTITUTIONAL by OhioAppCt http://www.supremecourt.ohio.gov/rod/docs/pdf/8/2012/2012-ohio-5749.pdf … …



{¶1} For purposes of this opinion, the appeals of both appellants Erin
McCardle and Leatrice Tolls have been consolidated.1

{¶2} Appellants Erin McCardle and Leatrice Tolls appeal their
convictions for violating Cleveland Codified Ordinances 559.541 (“CCO
559.541”), which prohibits remaining, without a permit, between the hours of
10:00 p.m. and 5:00 a.m., on an area of downtown Cleveland, Ohio known as
Public Square, specifically, the Tom L. Johnson quadrant.2 They assign the
following error for our review:

I. Cleveland Cod. Ord. 559.541 is unconstitutional under
the First and Fourteenth Amendments to the United
States Constitution.

{¶3} Having reviewed the record and pertinent law, we reverse and
remand the trial court’s decision. The apposite facts follow.

[CaliforniaPeggy]

1. GREAT NEWS!

[LeftofObama]

2. Cool! n/t

[Downwinder]

3. Slap!

Judgment reversed and remanded for further proceedings
consistent with this opinion.
It is, therefore, considered that said appellants recover of said appellee
their costs herein taxed.
It is ordered that a special mandate be sent to said court to carry this
judgment into execution.

[dixiegrrrrl]

4. Hot damn on a fire stick!!!!

Nice to know SOME courts follow the Constitution.
Is the decision going to be appealed?

[Fire Walk With Me]

5. That's all the information I have; logically, the city will appeal. Hopefully, they won't. n/t

[Downwinder]

6. The way that the decision is worded an appeal is doubtful.

[Fire Walk With Me]

7. Good.