Unconstitutional

Chicago Tribune reports that a Cook County judge, Thomas Donnelly, has ruled that the Occupy Chicago Grant Park evictions in October 2011 were unconstitutional.  In a 37 page ruling issued today, the judge threw out 92 Occupy arrests for violating a park curfew.

Thomas Durkin, an attorney who represents 12 University of Chicago students among the 92 arrests stated, “We're incredibly pleased by Judge Donnelly's ruling. This is a significant First Amendment ruling for the Occupy protesters, and all Chicagoans."

[...] Associate Judge Thomas Donnelly ruled the October 2011 arrests were unconstitutional because the city routinely chooses not to enforce the curfew for events the city supports, such as the 2008 Election Night rally for President Barack Obama. The judge noted that no arrests were made at that event, even though it went well past curfew.

Here Chicagoans are at the 2008 Election Night rally in Grant Park (though I don't know if this clip is before or after .. the witching hour .. the speeches are over):