116 3rd St SE
Cedar Rapids, Iowa 52401
City asks for dismissal of Occupy complaint
Dec. 8, 2011 9:45 pm
CEDAR RAPIDS - The City of Cedar Rapids filed a motion for dismissal Wednesday in federal court, arguing Occupy Cedar Rapids protesters failed to state a claim and show any actual or imminent injury in their petition.
The city served a notice on Nov. 21, to the group to remove their personal belongings from the corner of “M” Avenue NW and First Street NW. The personal property violated provisions of the Cedar Rapids Municipal Code, according to the city.
Nathan Jarvi, Jason Wad and Beverly Dittmar, on behalf of the protesters, then filed for an injunction to prohibit the city's action. They contend the area is a “greenway” space purchased through FEMA funds and the city doesn't have the right to prohibit free speech or the right of assembly to use the site.
The city, in the motion for summary judgment, argue the protesters haven't presented any claim for a violation of their First Amendment rights. The protesters must show they are injured in a “personal and individual way,” the motion contends.
The protesters haven't yet filed a response to the city's motion.
Occupy Cedar Rapids participants and supporters congregate at the camp at 1st Street and M Avenue NW in Cedar Rapids in anticipation of an order from the city to remove their personal property from the site by 8 AM on Tuesday, November 23, 2011. (Cliff Jette/SourceMedia Group)
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