Tucson attorney requests removal of Armory Park occupiers

Posted: Updated:
By Bryce Potter By Bryce Potter

TUCSON, Ariz. -- For the second day in a row, members of Occupy Tucson who were cited at Armory Park were in city court.

This time around the city attorney's office had a request for the judge.

Day two in city court for the Occupy Tucson crowd was a little different this time around.

"The city attorney's office attempted to get the court to order people that had repeat tickets not be allowed to return to Armory Park," said attorney Paul Gattone.

Gattone represents most of the occupiers.  He argued strongly against banning protesters from the park and says it was a violation of his clients' constitutional rights.

"To say that this is something that they should be kept from being able to go back to the park was just outrageous as far as the defense was concerned and the court actually denied the request," said Gattone.

City attorney Mike Rankin said the request was standard procedure.  He says the ruling was not what the city was hoping for.

"It's not the result that we wanted and we will respect the courts decision," said Rankin.  "Citations continue to come through the court so we'll see what happens as we move forward."

Rankin says as part of the occupiers release they're not allowed to break any more city or federal laws. That includes breaking the city code against staying in Armory Park past 10:30 P.M.

"So that is a potential additional violation that they'd be committing by staying in the park after hours," said Rankin.

Republican State Representative Terri Proud from District 26 says the occupiers time has run out. She wants the police to remove the protesters.

"It's done, it's over with, it's time to go home.  And the police need to take the necessary actions to insure that they do go home," said Proud.

Back at camp in Armory Park they're singing the same song, the occupiers plan to stay until there's change.

The Tucson Police Department has written more than 200 citations between Armory Park and Veinte de Agosto Park.

If the protesters are found guilty of breaking city code they face up to a $1,000 fine and 30 days in jail.