(Editor’s note: This story was revised on March 13.)

OAKLAND (KCBS) – The American Civil Liberties Union said Thursday it would file a lawsuit to overturn stay away orders issued against 12 demonstrators charged with crimes allegedly committed during Occupy Oakland protests.

“These are blatantly unconstitutional. There is truly no legal justification for what they are doing,” said attorney Katherine Hallinan, who represents one of the protesters.

Just 12 of the more than 400 people arrested on a variety of misdemeanor and felony charges stemming from a Jan. 28 protest were ordered to stay away from Frank Ogawa Plaza and the Oakland Convention Center as a condition of their release.

KCBS’ Bob Melrose Reports:

(Clockwise from left) Joseph Briones, Joseph Hoover, Mario Casillas, Michael Lubin, Robert Ovetz (Oakland Police Department)

The ACLU contends the stay away orders violate the defendants’ rights to free speech and assembly, and Hallinan was confident the Occupiers would eventually see a favorable verdict.

“It’s only a matter of time before some judge has the strength to overturn them and follow the law,” she said.

The Alameda County District Attorney’s Office would not comment on the pending ACLU filing. A spokesperson maintains the stay away orders are necessary to maintain public safety.

(Copyright 2012 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

Comments (6)
  1. Me says:

    These people look like they are on drugs!!!! These people DO NOT represent the 99%ers. They look like they represent the DRUGGIES in Oakland and all they want to do is cause trouble. Keep them away fm ANY Occupiers trying to get the 99%ers message across peacefully.

    1. M Turner says:

      So based on thier LOOKS they should not have the constitutional right of freedon of speech. If they REALLY break a law, go by the law. I have watched Occupiers being disperced all over the country just because they where there. Someone does not want this movement in front of the public, they only want freedom of speech when it is for their cause. You deny this freedom from one person then it is easier to deny it for the other 99%. And the 1% do not want to hear from you because you are nothing and have nothing to give.

  2. tn says:

    What grunge group do these particular protestors play for? And when is their next gig?

  3. Bell407 says:

    Deadbeat moochers with an entitlement mentality. They proudly poop and pee all over the public land? Assault police officers, burn American flags in Oakland, sell drugs and sex out of their smelly tents, shut down good mom & pop businesses for days and vandalize public and private property? Taxpayers pay out tens of millions of dollars for cleanup, security or lawyers for deadbeats who commit crimes? Why don’t we see Obama and all top democrats all over the news channels supporting this royal cause anymore?