Occupy Youngstown files for restraining order

YOUNGSTOWN — Occupy Youngstown is requesting a Mahoning County Common Pleas Court magistrate grant a temporary restraining order permitting the group to use a tent and burn barrel at the protest location in the city’s Central Square.

Magistrate Timothy G. Welsh is expected to make a decision on the TRO by 4:30 p.m. today.

Occupy Youngstown members were told last Thursday by police Chief Rod Foley to remove a tent, burn barrel and other items by midnight that day or have them confiscated. The group refused to comply.

About 7:30 a.m. Friday, city police and firefighters confiscated the items.

The Occupy Youngstown legal action, filed by attorney Kim Akins, 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.

Akins is also seeking preliminary and permanent injunctions in the case filed today against the city, Foley and Mayor Charles Sammarone. The preliminary injunction hearing is set for Dec. 1.

Continue to follow this story on Vindy.com and in Thursday’s Vindicator