Occupy Tucson v. City of Tucson

2011 WL 6747860 (2011)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Occupy Tucson v. City of Tucson

United States District Court, District of Arizona
2011 WL 6747860 (2011)

  • Written by Rose VanHofwegen, JD

Facts

Occupy Tucson was a local version of the Occupy Wall Street movement that protested corporate influence in American politics beginning in September 2011. Occupy Tucson participants (plaintiffs) occupied a downtown Tucson park in October. The City of Tucson (defendant) mostly issued citations for violating a 1977 ordinance that prohibited overnight camping or using parks “for any political purpose” without a permit but also removed some participants. The participants moved to another downtown park in November and sued, claiming the ordinance was unconstitutional and that enforcement violated their First Amendment rights. The participants requested a temporary restraining order (TRO) and preliminary injunction preventing enforcement, but the court promptly denied the motion. When someone else obtained a permit to use the park on December 28, a city-council staff person called a participant a week beforehand and warned that police planned to clear the park that night. The attorney for Occupy Tucson renewed the TRO motion to keep the police from forcibly clearing the park until the court could hold a hearing or the attorney had time to file a memorandum. The attorney certified that he had attempted to contact the city attorney, who had already filed another motion containing the arguments against a TRO. Because of the changed circumstances, the court considered the merits of the TRO request. Meanwhile, the participants had not actually sought a permit since the lawsuit started.

Rule of Law

Issue

Holding and Reasoning (Jorgenson, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 815,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 815,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 815,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership