Attorney and homeless advocate, Mark Merin, has been fighting for years to get the city to change its ordinances affecting the homeless. Now, he is claiming the after-hours loitering ordinance infringes upon the rights of the Occupy Sacramento group to assemble and protest.
MERIN: " If the director of parks and recreations wants to sponsor an event or even co-sponsor an event, well then he can do it. It's all up to him. That's unbridled discretion…untrammeled discretion. That leads to abuse. And the abuse is that there is favored and disfavored."
The suit was filed in Federal Court in Sacramento and says the plaintiffs wish to assemble in the park continuously and indefinitely.
Similar suits have been filed in other states. The city attorney issued a statement saying she can't comment on the lawsuit until she reviews it.