PORTLAND, Maine — A judge ruled Wednesday against OccupyMaine protesters’ continued encampment in Portland, the state’s last active around-the-clock presence inspired by the Occupy Wall Street movement. The city planned to issue an order to vacate, giving demonstrators at least 48 hours to decamp.

Superior Court Justice Thomas Warren ruled that the protesters, about 20 of whom sleep in the park, failed to meet city requirements for health and safety. He said that giving them the right to occupy the park for an extended period would conflict with others’ right to use it.

The city ordered protesters to leave the park on Dec. 15, but that was put on hold because of the lawsuit.

With the judge’s order, the city intended to give demonstrators at the encampment at least 48 hours to remove their belongings.

OccupyMaine attorney John Branson argued that the group’s continued encampment was protected by the First Amendment to the Constitution. He said the group hadn’t decided as of Wednesday afternoon whether to appeal.

Despite losing the motion, Branson was pleased the judge ruled that Occupy members were engaged in “expressive conduct” while camping in Lincoln Park. The justice rejected the city’s argument that the members were merely sleeping and eating in the park, not engaged in a protest that the public could understand, he said.

“We won a crucial victory on that, which is very important to OccupyMaine and its members,” he said.

Mayor Michael Brennan said demonstrators succeeded in making their voices heard on issues such as economic equality.

“Conversations concerning income disparity will continue here in Portland and throughout the nation,” he said. “Now that these issues have been brought to the forefront, it’s time for the discussion to move indoors.”

Other Occupy-related groups already have dissolved. A group camped out at Augusta’s Capitol Park lost a fight in federal court and a group at Bangor Public Library voluntarily left the grounds. The campers have been in Lincoln Park since October to protest what they describe as growing economic disparity and corporate greed.

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9 Comments

    1. Peaceable assemble yes, violate city ordinances that automatically falls into the category  civil disobedience which if egregious enough becomes jail time. 

    1. Report Fraud in Maine
      Allegations of fraud or attempted fraud involving funds, including Food Stamps,
      administered by the Department of Health and Human Services should be sent to:
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  1. It is sad to see the entrenched power structure in this country grasping at straws to eliminate the voice of reason that threatens their power.  It’s like shooting gnats with a shotgun.  If the occupiers are wrong, then lets reason with them to point out the error of their ways.  If they’re right, then we should listen to them.  Personally, I think they are right and if we as a country don’t address some of the issues that they are protesting, we are going to implode.  

    1. Voice of reason???? Yikes! They are a clean, quiet and peaceful bunch those occupiers! Such nice people.
      OAKLAND (AP) – About 300 people were arrested Saturday during a chaotic day of Occupy protests that saw demonstrators break into City Hall and burn an American flag, as police earlier fired tear gas and bean bags to disperse hundreds of people after some threw rocks and bottles and tore down fencing outside a nearby convention center.

    1. Report Unemployment Fraud
      Unemployment insurance fraud is a crime. You can report instances of unemployment
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      Send info to Mr. Gerry Parent in one of the following formats:

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      Hold them Responsible!

  2. Are the Occupiers going to be charged for cleaning up the piggery in Lincoln Park or will the   taxpayer? Or is Pingree going to get a Federal Grant to clean up the mess!

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