Downtown Tucson

Pepper Kenney, and her dog, Deuce, say hello to Giovanni Griffie at Veinte de Agosto Park. Homeless protesters are exercising their First Amendment rights, their advocates say.

Tucson police began posting notices Tuesday afternoon on tents and boxes lining downtown streets, notifying the homeless occupants they have until 6 p.m. Friday to remove the structures

The notices were issued hours after a federal judge said the city is under no enforcement restrictions at the homeless encampment that has expanded in downtown Tucson over the past several months.

U.S. District Judge David C. Bury said at a hearing Tuesday that his ruling in December regarding free speech at Veinte de Agosto park does not restrict the city from enforcing the "time, place and manner" limits on free speech.

Bury rejected the city's effort to get a clarification of his ruling, spending much of the half-hour hearing scolding city officials for their handling of the encampment based on assertions they were limited by his ruling.

He said "Dream Pods" moved into the park and the surrounding area are not expanding free-speech efforts.

"The city, according to the papers you filed, has chosen to do nothing," Bury told City Attorney Mike Rankin at the Tuesday hearing, adding, "The city has delayed taking necessary measures to protect citizens."Β 


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