Two Occupy protesters who did not want to be photographed grab some belongings before leaving the campsite along the sidewalk outside the Hamilton County Courthouse on Wednesday. Members of the Hamilton County Commission took the first step in their Wednesday meeting to remove Occupy protesters from camping on the grounds of the courthouse in downtown Chattanooga.Hamilton County took its standoff with Occupy Chattanooga to federal court Tuesday.
The county sued the group and several of its members in U.S. District Court, seeking a declaratory judgment that the County Commission’s recently passed rules governing the public use of county property are enforceable and that the protesters are violating them.
But David Veazey, an attorney representing the Occupy group, said the action is premature because the U.S. Constitution requires that a suit arise from a case or controversy.
“There’s no real controversy to settle,” Veazey said, because the county hasn’t taken any formal action against the protesters.
“I expect I’ll be filing a motion to dismiss because it’s inappropriate forum to handle this issue,” he said.