Santa Cruz City Attorney Wants to See Us in Court, Abate Alleged “Public Nuisance”

Update: lawsuit summons appended below!

This just in from Legal: The City Attorney wants to bring Occupy Santa Cruz to court to prevent a preliminary injunction and abate our alleged Public Nuisance! Community-building and free speech a public nuisance? Thanks again, City of Santa Cruz…

FROM: Legal Strategy and Defense Working Group
TO: Occupy Santa Cruz General Assembly
RE: City of Santa Cruz Ex Parte Application
DATE: November 9, 2011

Legal Working Group received a call at 9:30 this morning from the Santa Cruz City Attorney’s Office giving Occupy Santa Cruz notice that it intended to appear in Santa Cruz County Superior Court at 1:00 tomorrow afternoon (Nov. 10th) on the matter of an Ex Parte Application for an Order to Show Cause. At that hearing, the City will ask the court to issue an Order commanding Occupy Santa Cruz to appear at a date to be set and show cause why a Preliminary Injunction should not be granted ordering Occupy Santa Cruz to abate the Public Nuisance that is alleged to be present in San Lorenzo Park.

As an option to that appearance, Occupy could stipulate to the issuance of the Order to Show Cause and the court would then set a date for the hearing on the injunction. That hearing would likely be within a week or ten (10) days from tomorrow.

The location of what is now the San Lorenzo Park occupation as of the date of that hearing would bear substantially on the court’s decision. That is, if Occupy is not longer in the park, the underlying legal basis for the injunction would be moot.

Steve Pleich
Legal Strategy and Defense Working Group
Occupy Santa Cruz!!

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Update Thursday Nov 10: The following is the summons to a lawsuit against Occupy Santa Cruz, delivered to the courthouse steps today with ~100 pages of exhibits attached. We will try to post a higher quality and complete scan of this… If you are an attorney with any insight on this issue, please don’t hesitate to contact us! Copy of unsolicited event permit can be found here.

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