Occupiers Howard Hayes and Heidi Davis (left to right) talk amongst Occupy Chattanooga’s tents just after sunset near the Hamilton County Courthouse on Thursday. The group holds general assemblies most nights at 7 p.m. to discuss the day’s events and address any issues that might have occurred during the day.
Hamilton County Commissioner Larry HenryThe ball is back in the Hamilton County Commission’s hands after Occupy Chattanooga filed a motion to dismiss a complaint the commission filed against it earlier this month in federal court.
The commission must respond within 21 days to the group’s argument that the county’s action against it is premature and inappropriate for federal court to hear.
Though the commission passed new rules on Jan. 4 that govern public use of county property, no enforcement action has been taken against the Occupy group, which has been camping on the courthouse lawn for several months.
Instead, a week after passing the new rules, the commission sued the group and nine individually named defendants in federal court, asking for a ruling that the new rules are constitutional and enforceable. It also wants Occupy to pay legal fees in the suit.
Occupy and its attorneys, including D.C.-based Public Citizen Litigation Group, said federal court is not the appropriate place for an advisory opinion about whether a local law is valid.