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Federal Judge Decides Occupy Boise Tents Must Go . . . Temporarily

Scott Ki
/
Boise State Public Radio

Occupy Boise protestors have until Wednesday to move their tents temporarily. 

A federal judge decided today the state of Idaho can assess and repair damage to the lawn of the Old Ada County Courthouse where Occupy tents have been up since November.

Judge B. Lynn Winmill ruled that although Occupy Boise has the right to maintain a symbolic tent city, the state has a legitimate need to repair and maintain its property. 

Lawyers for the state of Idaho argued Thursday maintenance crews need eight weeks to get the lawn across the street from the state Capitol back into shape.  Once that’s done, Occupy Boise protestors can put symbolic tents back up.  Protestors must also allow state workers regular access to the lawn to maintain it. 

Judge Winmill has yet to make a decision on the broader issue of whether a new Idaho law that bans camping on state property violates constitutional rights of free speech and assembly. 

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