Federal Judge Refuses To Toss (de)Occupy Honolulu Suit Despite City's Efforts

Michael Levine/Civil Beat

(de)Occupy Honolulu had its day in court, and it looks like it will get another.

On Friday, U.S. District Court Judge J. Michael Seabright decided not to dismiss (de)Occupy’s federal lawsuit against the city of Honolulu, which claims the city’s stored property ordinance is unconstitutional.

Among other things, the lawsuit alleges city officials have violated protesters’ free speech rights and other constitutional guarantees during organized raids on (de)Occupy’s encampment at Thomas Square in downtown Honolulu.

During these raids, tents and other items belonging to the protesters were cleared from the park and sidewalks. On occasion, protesters said some of these items were destroyed despite provisions in the stored property ordinance that allow for retrieval.

Seabright also said Friday that the city must provide a means for (de)Occupy protesters to collect their belongings after seizure. This is the continuation of an agreement both sides came to in January as a result of the lawsuit.

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