PRESS RELEASE 2/21/2012
The anti-Occupy bill, H0 404, arrived on Governor Otter’s desk today at noon, according to Tom Perry, Legal Counsel for the Governor. With no hesitation, the bill was signed and transmitted to the Secretary of State this afternoon.
The Occupy Boise vigil has been given a deadline of 5:00pm next Monday, February 27th, to vacate the old Ada County Courthouse grounds at 5th and Jefferson Streets.
Occupy Boise has filed suit against Governor Otter and Directors Luna and Russell of the Idaho State Police, and is in contact with the Idaho State Attorney General. Since the the bill has been signed into law, legal representation for Occupy Boise has amended the initial pleadings and filed additional declarations. The Attorney General has accepted service on behalf of the defendants, and the State’s response to litigation is expected by noon on Thursday, February 23rd. Any responsive briefing from Occupy Boise is due by 5:00pm that afternoon. The hearing on an application for a Temporary Restraining Order will be held at 3:00 pm, Friday, Feb. 24.
In the meantime, Occupy Boise members will continue with regularly planned meetings and events at the vigil site.
February 22, 2012
Occupy Boise asks federal court to stop eviction – Idaho Statesman
In its suit, Occupy Boise alleges the state’s action to remove the tent city Downtown violates members’ rights to freedom of speech and assembly guaranteed under the First and Fourteenth Amendments. They’re asking the court to find the new state law unconstitutional, saying it applies after the fact.
Occupy Boise files federal court challenge to block eviction, hearing set Fri. with Judge Winmill – Spokesman-Review
Members of Occupy Boise today filed an emergency motion for a temporary restraining order in U.S. District Court, and U.S. District Judge Lynn Winmill scheduled a hearing on it for 3 p.m. Friday. Bryan Walker, attorney for the group, said the group is trying to stop the eviction of the Occupy Boise vigil from state property across from the Capitol. “Our point is it’s a violation not only of 1st Amendment rights, but 4th Amendment due process rights,” Walker said.
Occupy Boise Amended Complaint -PDF
The plantiffs’ vigil encampment protest on the grounds of the old Ada County courthouse – direct view of the Idaho Capitol building and the office of the Speaker of the Idaho House of Representatives – is not just integral to their expression of grievances: it is their protest.
However, I cannot be there, because I have to work for a living. On both days that I did attend hearings on HB 404, I was called back to work to deal with emergency issues at my place of employment. I simply cannot attend to the legislation that affects me personally, nor can I afford to pay a lobbyist to work on behalf of my interests. However, Occupy Boise has provided me with a network of people who inform me and who provide me the opportunity to express concerns and make me more aware of what is going on in my government. -Edward Waters
Occupy Boise has until Monday to pack up camp -by KTVB & Associated Press
“What this does is gives a visual display of people gathering with their feeling that they’re not being heard,” said Sage.
“This is about oppression. This is about creating a new kind of community,” said Sage. “It does not impact the movement. If anything at all, suppressing people’s voice will make that voice louder, so thank you governor.”
Occupy Boise asks for temporary restraining order to stay put -KBOI
“The Occupy Boise vigil is also an ongoing political demonstration. The tent city protest is symbolic speech both intended to convey a political message and understood by the public as political comment.”
February 24, 2012
Occupy Boise vs. State – Idaho State Journal
Today, a hearing is set via telephone from Pocatello on a complaint that seeks to stop the state of Idaho from evicting the Occupy Boise group from its tent city adjacent to the Idaho Capitol building.
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3 Responses to “Otter signs HO 404 today, OccupyBoise responds in kind”
So why did you erase all the comments that were on here earlier in the day?
You have a prominently posted sign in your camp:
“The only terrorists are the ones in riot gear”
….seriously?
And you wonder why you’re having legislation passed and signed by the Governor to have you removed? Most cities across this country rolled in with police in force and removed the occupiers. Count your blessings that our legislature has been so willing to be patient and allow you to remain for so long.
If you want to be a productive member in our society which is ruled by law, you can not do it by flaunting the law. Especially when you call our law enforcement folks “Terrorists”. Come on really? How is the average law abiding, productive citizen of Boise going to react to that kind of thinking? Oh hey, they just did when the Governor signed the bill to evict you.
We didn’t erase any of your previous comments except for the last one that you pasted duplicates all over the place. I left the one in the appropriate place. I noticed that you ignored my answer to your last comment. Before you continue in propaganda, have the guts to come down and talk to us. You would find a more appropriate forum to address your concerns. Are you afraid you might find points of agreement?
TBug-
I have no propaganda to spread, just one man’s humble opinion. This will be the last you hear from me.
I did reply to your last question which is what I answered and it was removed. You asked something like- “What harm have we done to you?”.
My reply was in essence when you make a choice not to be a productive member of society but rather become an anarchist- which by the signs I see openly displayed is an obvious theme in the occupy movement, then you are choosing not to follow the law. Our society is built upon the law. If you want to change things you can and there are channels within the system to do so. But to openly defy the rule of law in my opinion is a detriment to society at large. And my larger point which I have yet to hear any occupier speak of is who is going to be held accountable for the financial costs of your movement? You obviously have little or no financial resources as you seek food, clothing and other donations which takes away from the people who actually need those to survive on a daily basis. Additionally, the damage your camp is making on the public land will be costly to repair. I’m a firm believer in personal responsibility. Will you be responsible for the costs this occupy movement has caused the taxpayers of Idaho?
I’d love to come down and talk to you and I have the guts to do so but unfortunately I’m far too “occupied” with being a productive member of society, earning a living, paying my taxes and assisting charitable organizations throughout our community.
I’m sure we have points of agreement. I am all for freedom of speech, I just think you guys have pushed things over the line. I think our government is too large and is wasteful with our money. All the recent bail-out bailed out fat cats in Washington and was a scheme to pay off political donors and buy influence. It is a system which needs reform.
It just really rubs me the wrong way that the OB movement thinks they have a right to damage public property and not be held accountable for it. Answer that question and you might gain some support.
Peace.