(KMOV)-- Tuesday morning St. Louis' "Occupy" movement occupied a federal courtroom trying to convince a judge their free speech is being violated by the city which is not allowing them to violate the city parks curfew ordinance any longer.
They want back in with their tents 24-hours a day indefinitely.
As the hearing began there was some confusion about some amendment pleadings filed late by the pro-bono legal representatives for the occupiers. They handed some paperwork to the attorneys for the city but the judge said that had to be electronically filed or it's not in the record.
She asked one of the legal representatives if the amended filing changes in any way their main arguement which is to allow the occupiers to camp in Keiner Plaza. He said, "No." She said let's move on.
But wait... not yet... moments later it became clear to the judge the legal representatives haven't "entered their appearance in the case." She could have stopped everything right there but said they could proceed but during a break they'd have to go down to the clerk's office and enter their appearance.
Things got started with a bang... or should I say... a ring. After a court officer reminded everyone in the courtroom to turn off their cell phones before the judge came in... a cell phone or Blackberry belonging to one of the occupiers went off 10 minutes into the hearing.
The judge stopped for a moment and told the woman to turn off her device and if it went off again she would have to leave and would not be allowed back in. That went for everyone.
The first occupier to testify was John Mills (not the one who used to work at News 4). He pointed out how Saturday morning after the arrests the night before at Keiner Plaza he saw a guy sleeping there at 6:15. Mills was implying the city lets some people stay there, but won't let them stay because of their politics.
But wait... the curfew goes until 6am. At 6:15am it was okay for anyone to be there. But Mills said it "looked like the guy had been there for about an hour at least. He seemed very comfortable."
The attorney for the city had a little problem with the speculation and so did the judge and sustained the attorney's objection.
Then the legal representative for occupy said to her witness, "but it's possible the guy was there before 6am."
"Yes," Mills responded.
"Even probable," the legal representative said.
At this point the judge appeared to be getting frustrated.
"This is not helping," she scolded the legal representative. "I need facts, not speculation, otherwise we should all go home."
The young legal representative apologized.
Both Mills and the next occupy witness, Chrissie Brooks made it clear occupying Keiner 24 hours a day IS their political expression. If they can't do that, their free speech is being violated.
This brought approval from a dozen or so occupiers in the gallery. I know this because some held their hands up wiggling their fingers. That's the sign for, "we agree, we have consensus." I learned that on the Colbert Report.
Brooks provided another memorable moment when the attorney for the city asked her about occupiers trying to get a permit from the city to be in Keiner 24 hours a day indefinitely. She couldn't get one.
The attorney for the city asked her, "Were you told your political message was the reason you were denied a permit?"
Brooks answered, "No," then added, "but it felt like it."
Soon after this, the judge took a break. The two pro-bono occupier legal representatives went down to the clerk's office to sign in and I came back to the station to write this blog and go home. My morning shift has ended and there are up to five more witnesses to be called by the occupiers.
Check back here at kmov.com for the judge's ruling later on.
Mark Schnyder is a reporter at KMOV-TV. This is a blog entry.
