Occupy Chattanooga files motion against Hamilton County - WRCBtv.com | Chattanooga News, Weather & Sports

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Occupy Chattanooga files motion against Hamilton County Commission

CHATTANOOGA (Times Free Press) -- Occupy Chattanooga filed a motion this morning to dismiss the Hamilton County Commission's lawsuit against the group in federal court, arguing it's too soon for the matter to be in court.

Though the commission passed new rules last month governing public use of county property, no enforcement action has been taken against the Occupy group. 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 they are constitutional and enforceable.

Occupy and its attorneys, including D.C.-based Public Citizen Litigation Group, says federal court is not the appropriate place for an advisory opinion about whether a local law is valid.

"Permitting such suits would authorize local governments to drag their political opponents into court to seek advisory opinions, rather than waiting for concrete disputes to happen," the group's motion states.

Read more on the story from our news partners at the Chattanooga Times Free Press.

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