City not yet removing Occupy Cedar Rapids protesters' property

A hearing to prevent the city of Cedar Rapids from removing personal possessions of the Occupy Cedar Rapids protesters is set to take place next Monday.

The city had notified protesters that they did not have a permit to use the city owned property at M Avenue and First Street NW, and gave the group until 8 a.m. Tuesday to remove tents, chairs and other personal items they were using to camp out on the lots that the city acquired during flood buyouts.

The number of protesters at the site swelled to about 20 early Tuesday morning in anticipation of city action, but no city workers showed up to begin removing items by the deadline.

An attorney for the group said the injunction hearing will take place at 1:30 p.m. on Monday, Nov. 28 in Linn County District Court.  A process server was expected to deliver the legal paperwork to the city sometime Tuesday morning.

A statement from the city said there has been a reduction in the amount of personal property accumulating at the site since the notice was given Monday.  The statement also said until the hearing next Monday, the city would “continue to monitor the use of the sites and work through the judical process to find a solution to the situation.”

Robert Wilson, an attorney representing the protesters, said the suit will contend the site occupied by protesters is “greenway” space purchased through federal FEMA funding as as such the city does not have the right to prohibit either the free speech taking place there or the right of assembly.  The suit contends the right of assembly includes the ability to remain on the property around the clock.

Wilson said if the city had gone ahead with the removal of personal property prior to the hearing, then protesters would have the ability to sue for damages if they win an injunction.

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