This case seeks damages on behalf of several Occupy D.C. protesters who were arrested in April 2012 and charged with “blocking passage” when they were simply sitting on a narrow sliver of a 40-foot-wide sidewalk in front of a Bank of America branch on Vermont Avenue, holding small signs protesting the bank’s policies, blocking no one’s passage. In March 2013, the District of Columbia moved to dismiss the complaint on the ground that obstructing any part of a sidewalk is an offense. The District’s interpretation of this offense is at issue in many situations, including but not limited to demonstrations, so we filed an amicus brief in support of the plaintiffs’ opposition to the motion to dismiss, explaining why the District’s interpretation is incorrect, and that the offense requires blocking a sidewalk so that others cannot pass.
Argument on various pending motions (including the motion to dismiss) was heard in June 2016. At the court’s suggestion, an amended complaint was filed in July 2016, but proceedings were later stayed while the parties discussed settlement.
Meanwhile, in June 2016, the court dismissed with prejudice the claims against the non-government defendants, and the plaintiffs have appealed as to those defendants.
In February 2017, the parties settled. Because we were only amicus, we were not privy to the terms of settlement and the issue we briefed was left unresolved.