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updated: 9/28/2012 7:58 PM

City appeals judge's ruling on Occupy Chicago arrests

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Associated Press

The city of Chicago has appealed a Cook County judge's ruling that it unconstitutionally arrested Occupy Chicago protesters for overstaying curfew in Grant Park last fall.

The city filed the appeal Friday, saying its park curfew law is a reasonable restriction. Earlier Friday, Mayor Rahm Emanuel said the ordinance is on firm ground relating to public safety and First Amendment rights. On Thursday, a Cook County judge tossed out charges against 92 protesters arrested last October, saying the city selectively enforces the curfew.

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The city said Friday evening that the protesters were arrested for their conduct, not their message. The city said it "remains committed to protecting free speech."

The judge compared the protests with President Barack Obama's 2008 election rally. Emanuel says the judge was comparing "apples and oranges."

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