US District Court Grants Temporary Restraining Order In Civil Rights Lawsuit Against Washington State Patrol

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US District Court Grants Temporary Restraining Order In Civil Rights Lawsuit Against Washington State Patrol

December 8, 2011.

At 1 PM on December 6, U.S. District Court Judge Robert J. Bryan granted a temporary restraining order that immediately suspends the Washington State Patrol’s policy of banning demonstrators from the state capitol campus and surrounding parks.

This is a class action lawsuit.

Successfully seeking the order was lead plaintiff Mark Taylor-Canfield, representing a class of people to whom the Washington State Patrol have issued or may issue these unqualified banishments. This class includes Occupy Seattle participants who were banned and/or arrested while attending demonstrations at the state capitol in Olympia.

The restraining order will be in effect until January 5th. During this time Taylor-Canfield and Occupy protesters who received the trespass warnings will be allowed onto the state capitol campus property and surrounding parks to attend the ongoing demonstrations taking place during the current special legislative session.

The temporary restraining order does not affect ongoing criminal proceedings against protestors arrested at the Capitol for defying the bans.

Taylor-Canfield and his attorneys have argued that the “Trespass Warnings” being issued by the Washington State Patrol are a violation of the First and the Fourteenth Amendments to the US Constitution.

They maintain that placing restrictions on people’s freedom of movement in this way violates their constitutionally guaranteed rights to freedom of speech, freedom of assembly, freedom of petition, and in Taylor-Canfield’s case, freedom of the press. The attorneys are also arguing that the bans have been forced on people without due process of law – a violation of the Fourteenth Amendment.

Judge Bryan has scheduled another hearing for January 5th. At that time the court will consider the plaintiff’s request for a preliminary injunction.

One Response to US District Court Grants Temporary Restraining Order In Civil Rights Lawsuit Against Washington State Patrol

  • John Ellis says:

    The organic laws of nature make is self-evident to all who reflect with sincerity, that your individual right of conscience, your right to have a freewill that may pursue happiness as you perceive it to be, so long as you do not violate the harmless conscience of others, that this is a right nature guarantees to all humanity.

    But not so will an Empire tell its people, for an Empire may plunder abroad only to the extent that it violates the conscience of its people at home. The illusion being that in a democracy the voting majority by electing a president empower him to be the corporate conscience of all the people and if he decrees that we must kill in war, then we are free of guilt, for with a corporate conscience there is no guilt.

    And as Empire USA requires us to plunder the people most weak and helpless in the world, plunder them by an imperialism most brutal, only the illusion that we are creatures of the state and governed by the corporate conscience of the sate, only this could so sear our conscience and lock us in such mental darkness.

    Therefore, reclaiming our individual right of conscience is what the Occupy movement is all about. For if 100 or more protesters stand side by side and demand that a bank stop violating their conscience, then everything comes to a screeching halt, the bank doors remain open 24-7 and if the bank owners don’t like it, then in the future they need to stay out of harm’s way — by not violating conscience in any way.