In a Press Release issued on November 15, 2011, civil rights attorneys, including Howard M. Cooper and Heidi A. Nadel, partners at Todd & Weld, and Benjamin J. Wish, an associate at Todd & Weld, together with attorneys from the National Lawyers Guild and the American Civil Liberties Union of Massachusetts, indicated that they have filed suit on behalf of Occupy Boston in Suffolk Superior Court.
The suit seeks recognition from the Court that Occupy Boston has a right to peaceful protest and assembly under the U.S. Constitution and the Massachusetts Declaration of Rights. The suit also seeks an injunction to prevent police from staging another night-time raid, such as the one conducted in mid-October when the Boston Police conducted a mass arrest of 141 people in the middle of the night.
Mr. Cooper, who acted as a cooperating attorney with the ACLU and NLG in filing the suit, stated that “The Greenway is a public park and traditional open public forum and, as such, is a place where rights of free speech and assembly are paramount.”