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Occupy group drops injunction request
YOUNGSTOWN
Occupy Youngstown has withdrawn its request for a magistrate to issue a preliminary injunction against the city, which had police officers and firefighters confiscate a tent, burn barrel and other items from the group’s location on Central Square two months ago.
Kim F. Akins, the group’s attorney, withdrew the request Thursday because the two sides are working toward a resolution in the matter, according to a notice she submitted in Mahoning County Common Pleas Court.
Also, Akins wrote, Occupy Youngstown “is aware that the immediate need for a preliminary injunction in this matter has lessened due to passage of time.”
A hearing on the injunction was to take place today.
The group is preserving its right to seek a permanent injunction if negotiations with the city fails to bring about a resolution.
Members of Occupy Youngstown have met once with the city’s law department and a mediator.
A magistrate rejected Occupy Youngstown’s request for a temporary restraining order Nov. 16 to permit the group to use a tent and burn barrel on Central Square.
The group contended the city violated the rights of Occupy Youngstown members to free speech and assembly as well as to protection against unreasonable seizure of their possessions.
City police and firefighters confiscated the tent and barrel along with three chairs and other items Nov. 11, after warning Occupy Youngstown members the previous day that it would do so if the materials weren’t removed.
City officials say they don’t object to the group’s picketing, but the tent and barrel as well as tarps, sleeping bags and wood for burning violate city ordinances.
The police returned the tent to Jim Villani, owner of the Pig Iron Press and Occupy Youngstown member, a few days after taking it.