City Prevails Over OccupyMaine Suit to Remain at Lincoln Park; “OM” to Decide Next Step Today


By Carol McCracken (Post # 1,073)

In a decision dated today, January 31, Judge Thomas D. Warren, found for the City of Portland – thereby denying a Motion for Preliminary Injunction filed by OccupyMaine’s legal Counsel, John Branson and argued in Superior Court last week. Mark Dunlap, of Norman, Hansen and DeTroy, is the city’s out-side attorney in the case.

While he denied the Motion, Judge Warren did state in his 24 page decision there is no doubt that the Occupiers are “sincere in their desire to communicate their message and to engage in First Amendment activity.” However, he also said that the City is not obliged to agree to such an occupation of Lincoln Park because that might “conflict with the rights of others who might wish to use the park for their own First Amendment activities or for other purposes.”

The occupiers are expected to discuss their next step at a General Assembly tonight at 6 pm at Lincoln Park.

So far, the city has issued no response to the Court’s decision; such as when the occupiers need to vacate Lincoln Park.

Please see Post # 1,067, dated January 24, here for more background information.