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Occupy Pensacola Update
The 11th Circuit Court of Appeals has upheld rulings from a lower court that the city of Pensacola was justified when it ordered "Occupy Pensacola" to remove their tents from City Hall property.
"Occupy Pensacola" began a month long protest in October, 2011 at the Martin Luther King Plaza.
They were asked to move to the north lawn of City Hall.
But before the move, city officials told the protestors an ordinance banned them from putting up their tents.
"Occupy Pensacola" cried foul, saying the city was enforcing the tent ordinance selectively.
They also claimed their 1st Amendment rights to protest at anytime on public land was being violated.
A lower court had thrown out the 1st Amendment claims, after ruling that "Occupy" didn't prove it's case on the selective enforcement issue.
The court of appeals agreed on the selective enforcement issue.
But the court sent the 1st Amendment claims back to the lower courts for reconsideration.