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#Occupycleveland Complaint 10.25

#Occupycleveland Complaint 10.25

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Published by Occupy Cleveland

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Published by: Occupy Cleveland on Oct 26, 2011
Copyright:Attribution Non-commercial


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Cleveland, Ohio 44114,))and))TIMOTHY D. SMITH)2666 North Moreland)Cleveland, Ohio 44120,))and))KATHY SMITH)3188 W. 14 Street)
Cleveland, Ohio 44109,))and))BEN SHAPIRO)6527 Superior Avenue)Cleveland, Ohio 44103,))and))AJOY GILL)14500 Northfield Avenue)East Cleveland, Ohio 44122,))and))STEVEN LARSON)1934 Summit Road)Kent, Ohio 44240,))Plaintiffs,)v.))CITY OF CLEVELAND)c/o Barbara A. Langhenry, its Law Director)601 Lakeside Avenue, Room 106)Cleveland, Ohio 44114,))Defendant.)CASE NO.JUDGEVERIFIED COMPLAINT FOR DECLARATORY JUDGMENT,TEMPORARY RESTRAINING ORDER,PRELIMINARY INJUNCTION ANDPERMANENT INJUNCTION, DAMAGESAND ATTORNEYS’ FEES
PARTIES AND JURISDICTION1.Plaintiffs James Turturice III, Timothy Smith, Kathy Smith, Ben Shapiro, AjoyGill and Steve Larson are natural persons who reside in the Northern District of Ohio.2.Defendant City of Cleveland is a municipal corporation organized and existingunder the laws of the State of Ohio. Defendant Frank Jackson, named in his official capacityonly, is its Mayor and chief executive officer.3.Jurisdiction is conferred upon this Court by 28 U.S.C. § 1331, this being a civilaction arising under the Constitution and the laws of the United States. Jurisdiction is alsoconferred upon this Court by 28 U.S.C. § 1343(a)(3) and (4), 28 U.S.C. §§ 2201 and 2202 and 42U.S.C. §§1983 and 1988, this being an action for declaratory judgment, equitable relief anddamages authorized by law to redress deprivations under color of law of rights, privileges andimmunities secured by the Constitution of the United States.4.At all times pertinent to this Complaint, and in taking all of the actions describedin this Complaint, Defendant, its officers, agents and employees, acted and threaten to act under color of law and were effecting, and will effect, the custom, policy and laws of the City of Cleveland and the State of Ohio.FACTS GIVING RISE TO PLAINTIFFS’ CLAIMS5.Since in or around the first week of October 2011, a group of individual citizenshas associated together for the purposes of peaceably assembling and associating to express their  political opinions, petition the government for the redress of grievances and engage inconstitutionally protected expression on and in Public Square in Cleveland, Ohio. The group isknown as “Occupy Cleveland.”6.Among the issues on which the members of Occupy Cleveland have expressed2
their views are those of economic justice and citizen participation in government.7.Plaintiffs have engaged in constitutionally protected expressive activity and havecommunicated their views on these subjects and others to citizens and public officials by way of  protests, dialogue and other peaceable means on and in Public Square in Cleveland, Ohio.Plaintiffs desire to engage in constitutionally protected political expression twenty-four hours aday on or in Public Square, and in particular, in and on the Tom Johnson freedom of speechquadrant. Plaintiffs, through their use of Public Square, do not seek to use it to the exclusion of other users.8.Plaintiffs and others have chosen to protest on Public Square because it is centralto public transportation and the Cleveland business district. It is a location in which their message regarding economic justice and the need for political and financial reform can bearticulated to a broad audience of passers-by. It is home to banks and financial institutions aswell.9. Communicating in and on the portion of Public Square dedicated to the freedomof expression is important to the message Plaintiffs seek and desire to communicate, as is their desire to be able to do so on a continuous basis. A continuous presence in and on Public Square,the civic heart of downtown, communicates the urgency of their call for reform, their intention to persist in protected activity and their solidarity with like-minded individuals elsewhere. At times,the Plaintiffs and others have gathered, overnight, in a portion of the sidewalk on the westernside of the West Roadway, between Rockwell and Superior Avenues. They have alsodemonstrated at times in both the northwest and southwest quadrants of Public Square. Theyintend and desire to continue their demonstrations, and to maintain a continual presence onPublic Square toward that end, indefinitely.3

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