NYCLU Urges Monroe County DA to Drop Charges Against Occupy Rochester Demonstrators

Since October, Rochester police have arrested 48 people who were peacefully protesting in the park on charges of trespassing and violating a city ordinance setting park hours. Following the mass arrests, the NYCLU brokered an agreement between the city and Occupy Rochester allowing the demonstrators to camp in the park at all hours subject to a set of rules. Despite the agreement, Monroe County District Attorney Michael Green has refused to dismiss charges against people who were arrested at the park.

“We’re disappointed that the district attorney has decided to prosecute peaceful protesters,” said KaeLyn Rich, director of the NYCLU’s Genesee Valley Chapter. “This unfortunate decision violates the spirit of the agreement that the city reached with demonstrators to accommodate free speech and allow everyone to enjoy the park. It tarnishes what has been a heartening effort by the city to respect the First Amendment right to protest.”

Twenty-eight of the Occupy Rochester arrestees have hearings today in City Court. The NYCLU is working with Rochester attorney Lawrence Kasperek, who represents one of the protesters. Last week, it served as co-counsel on a motion to dismiss the charges in the case. The motion argues in part that the city ordinance setting park hours is unconstitutional because it gives city officials unbridled discretion to decide whether to keep the park opened or closed after normal operating hours. Numerous courts have ruled that such discretion creates an unacceptable risk of content-based discrimination.

The City of Rochester has filed motions to intervene in two of the arrest cases in order to defend the constitutionality of the ordinance. The NYCLU wrote to Mayor Thomas Richards in November informing him that the park ordinance is unconstitutional.

“The city’s park-hours ordinance unconstitutionally restricts protected speech,” said NYCLU Senior Staff Attorney Alexis Karteron, a co-counsel in the case. “If the city refuses to amend the ordinance, we’re confident the courts will compel it to do so.”

The agreement between the city and demonstrators was signed on Nov. 10. It served as a model for a similar agreement reached last week between the City of Buffalo and the Occupy Buffalo movement.

The 28 arrestees will appear today beginning at 2 p.m. before Judge Teresa Johnson at the Rochester City Court Building.