Occupy Cleveland arrests reversed, law found unConstitutional

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#OccupyCleveland arrests RT @TimRussoCLE @BreaKBeatJunkee arrests in 2011 ruled UNCONSTITUTIONAL by OhioAppCt http://www.supremecourt.ohio.gov/rod/docs/pdf/8/2012/2012-ohio-5749.pdf … …



{¶1} For purposes of this opinion, the appeals of both appellants Erin
McCardle and Leatrice Tolls have been consolidated.1

{¶2} Appellants Erin McCardle and Leatrice Tolls appeal their
convictions for violating Cleveland Codified Ordinances 559.541 (“CCO
559.541”), which prohibits remaining, without a permit, between the hours of
10:00 p.m. and 5:00 a.m., on an area of downtown Cleveland, Ohio known as
Public Square, specifically, the Tom L. Johnson quadrant.2 They assign the
following error for our review:

I. Cleveland Cod. Ord. 559.541 is unconstitutional under
the First and Fourteenth Amendments to the United
States Constitution.

{¶3} Having reviewed the record and pertinent law, we reverse and
remand the trial court’s decision. The apposite facts follow.