Civil Rights Attorney Calls City's Prosecution Of Protesters 'Idiotic'

SACRAMENTO (CBS13) - The first batch of protesters arrested during "Occupy Sacramento" protests were scheduled to be arraigned Wednesday, however, their court date has now been moved to the first week in November.

About 20 protesters had been scheduled to face a judge Wednesday morning, but a judge postponed their arraignment to Nov. 3 when all 79 people who have been arrested to this point during the "Occupy Sacramento" demonstrations will appear.

Although the Sacramento County District Attorney said she would not prosecute the demonstrators who were arrested for "unlawful assembly" because she said no crime was committed, the city of Sacramento has filed charges of "loitering in a park" and plans on prosecuting the protesters who refused to leave Cesar Chavez Park at night.

Civil rights attorney Jeff Kravitz calls the city's decision to prosecute "idiotic."

"The protesters, my office and the other attorneys, we're going to continue to try to protect the citizens of this city, to protect the tax dollars of this city, from the unbelievable waste that the 'gangster government' of this city is doing right now," Kravitz said Wednesday on the steps of the courthouse.

The city issued the following statement in response:

"When the Sacramento Police charge individuals with City Code violations the City Attorney has a duty to review the charges on a case by case basis and determine whether the evidence supports prosecuting those charges.

"The City Attorney cannot base decisions to prosecute on the City Attorney's agreement with or sympathy toward the Occupy Sacramento movement. Rather, the City Attorney's duty is to prosecute City Code violations in a fair, impartial and evenhanded manner."

So far, 79 people have been arrested at Cesar Chavez Park including four arrests Tuesday night.

Earlier Tuesday evening, Occupy Sacramento protesters were back at City Hall asking that lawmakers let them stay at Cesar Chavez Park overnight, but they were denied that request again.

The latest move comes a day after attorneys for "Occupy Sacramento" threatened to sue the city -- claiming its anti-camping law is violating their freedom of speech.