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Magistrate denies Occupy Youngstown’s request for restraining order

Published: Wed, November 16, 2011 @ 4:57 p.m.

Magistrate denies Occupy Youngstown’s request for restraining order

YOUNGSTOWN — A Mahoning County Common Pleas Court magistrate today rejected Occupy Youngstown’s request for a temporary restraining order to permit the group to use a tent and burn barrel in the city’s Central Square.

Magistrate Timothy G. Welsh said Occupy Youngstown’s legal action, filed today by attorney Kim Akins, is flawed as it “presents not only conflicting factual issues but conflicting constitutional issues.”

Also, a TRO is sought to keep the status quo, he wrote. Because the tent and burn barrel were confiscated by city police and firefighters last week, the TRO “does not preserve the status quo, but, rather, alters it,” he wrote.

While denying the group’s request for a TRO, the magistrate said he would hold a preliminary injunction hearing on Dec. 1.

The Occupy Youngstown legal action accuses the city of violating the group’s rights to free speech and assembly as well as an unreasonable seizure of their possessions.

City officials don’t object to the group picketing in Central Square, but say a tent and burn barrel violates city ordinances.

For the complete story, read Thursday’s Vindicator and Vindy.com

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