The Chainlink

Impact of Occupy Chicago Ruling

If any of you haven't seen this, the wrongful arrest verdict for the Occupy Chicago case has been handed down.  It wouldn't seem to have much impact on bicycling, but they ruled that the city's curfew on park space is illegal, meaning the can regulate use but not access to all of Chicago's open spaces.  

The city will naturally appeal, but it is interesting to wonder about the implications of having the lakefront park system and - eventually - the Bloomingdale Trail open 24/7.  I've never seen or heard about anyone being asked to leave the LFT after curfew, but you never know.

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Permalink Reply by Far'arned Retrogrumpalunkus #63 on September 28, 2012 at 4:40pm

Yay!

Hopefully the city loses the appeal.  Interesting about the "park closing/curfew" angles.

Permalink Reply by h' Zerocats on September 28, 2012 at 4:47pm

The majority of the time police will recognize a need to get from A to B and not bother cyclists on the path as long as they're moving, but there have been isolated reports over the years.

Thanks for passing this info along.

Not sure I share James' exuberance-- I've been frequenting a bar in Forest Park lately and having to ride home on what's turned back into a rolling homeless shelter (without showers or foot powder) has been depressing enough to tip the scales against the whole trip a few times... I don't access the lakefront often but the potential lurks to have it end up the same way.

Permalink Reply by S on September 28, 2012 at 4:57pm

I hate to be a pessimist but it could go the other way.  Part of the judge's ruling was that other groups were able to violate the curfew without any arrests or issues.  Rahm might have the CPD crack down on people in the parks after the curfew to establish a precedent that future occupy arrests were not singling out groups.  However, I'm not sure that'd affect the ruling that the curfew is unconstitutional in it's entirety. 

Permalink Reply by Mike Fiasco on September 28, 2012 at 5:16pm

It is interesting that the curfew law was ruled unconsitiutional because the city chose not to enforce it during the Obama election party.  Would this ruling have the effect that all laws are now use-it-or-lose-it?

Permalink Reply by Far'arned Retrogrumpalunkus #63 on September 28, 2012 at 9:38pm

The tragedy of the commons...

Permalink Reply by Steven Vance on September 29, 2012 at 12:44pm

The Lakefront Trail is open 24 hours a day, every day of the year. As a transportation route, it cannot be closed. Now, step off the trail and into a grassy area or "park" space and you'll be violating curfew. The Bloomingdale Trail is the same way: it's a federally-funded transportation route that must remain open 24 hours a day. 

Permalink Reply by Mike Zumwalt on September 29, 2012 at 2:32pm

"The Occupy demonstrators, however, were given and subjected to, in Judge Donnelly’s words, “constantly changing rules and regulations.”

That's the thing, thousands of tourists and residents "occupy" park space well after they are closed.

People get permits to for commercials, photoshoots and if they are going to say anything about quiet hours the numerous festivals set up and take down overnight.

Permalink Reply by Steven Vance on September 30, 2012 at 9:24am

I wish I could say I had better information, but I checked my notes from the meetings and I didn't record anything about it. 

Cameron Puetz said:

While it's rare, I have seen the Chicago Police try to stop people from using the LFP after curfew. After Lollapalooza there was an effect to get cyclists to take streets instead of the path, but most people ignored the order and nothing happened. At various meetings I've been to, Bloomingdale Trail organizers have repeatedly told neighbors that the trail will have a strictly enforced curfew.

Steven Vance said:

The Lakefront Trail is open 24 hours a day, every day of the year. As a transportation route, it cannot be closed. Now, step off the trail and into a grassy area or "park" space and you'll be violating curfew. The Bloomingdale Trail is the same way: it's a federally-funded transportation route that must remain open 24 hours a day. 

Permalink Reply by h' Zerocats on September 30, 2012 at 1:27pm

I don't see any reason to doubt anything Cameron is saying.  If he's ever posted wrong information here, I've never noticed.

Steven Vance said:

I wish I could say I had better information, but I checked my notes from the meetings and I didn't record anything about it. 

Cameron Puetz said:

While it's rare, I have seen the Chicago Police try to stop people from using the LFP after curfew. After Lollapalooza there was an effect to get cyclists to take streets instead of the path, but most people ignored the order and nothing happened. At various meetings I've been to, Bloomingdale Trail organizers have repeatedly told neighbors that the trail will have a strictly enforced curfew.

Steven Vance said:

The Lakefront Trail is open 24 hours a day, every day of the year. As a transportation route, it cannot be closed. Now, step off the trail and into a grassy area or "park" space and you'll be violating curfew. The Bloomingdale Trail is the same way: it's a federally-funded transportation route that must remain open 24 hours a day. 

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