COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. ‘SUPERIOR COURT CA.NO. 11-4152 OCCUPY BOSTON, KRISTOPHER MARTIN, SASHA SAGAN, NOAH. MCKENNA, and JENNIE SEIDEWAND, Plaintiff, CITY OF BOSTON, CITY OF OF BOSTON POLICE DEPARTMENT, by and ‘through POLICE COMMISSIONER EDWARD DAVIS, and the ROSE. FITZGERALD KENNEDY GREENWAY CONSERVANCY, INC. Defendants. es) DEFENDANTS, CITY OF BOSTON AND CITY OF BOSTON POLICE DEPARTMENT, MOTION FOR FILING FINE’ iF TWE} PAGES Pursuant to Superior Court Rule 9A(b)(4), counsel for Defendants City of Boston and City of Boston Police Department, by and through Police Commissioner Edward Davis (“Defendants”), request the Courts permission to file a brief in excess of twenty pages in responding to the Plaintiffs’ Motion for a Temporary Restraining Order and, After a Hearing, a Preliminary Injunction, [As suppor for this motion, Defendants state that a brief in excess of twenty pages is necessary due tothe breadth of i 1s raised by the Plaintiffs in their Motion, which include substanticl constitutional matters. Defendants can only adequately respond tothose issues by filing a brie in excess of twenty pages. The allowance ofthis motion will also ensure the Court's ability to consider Defendant's opposition tothe extraordinary relief sought by Plaintifsin Fl CITY OF BOSTON, By its attomeys: William F. Sinnott 58796 iskeir, BBO #662034 Julie Cilla, BBO # 666080 Kevin Comridan, BBO # 662648, Nicole N. Taub, BBO # 663517 Assistant Corporation Counsel City of Boston Law Department Room 615, City Hall Boston, MA 02201 (617) 635-4034 Michael D. Riceiuti (BBO F350771) Kelly K MeLaughlin(BBO# K&L GATES LLP State Stret Financial Center (One Lincoln Street Boston, MA 02111-2950 (617) 261-3100 (617) 261-3175 (fax) Michael Ricciuti@klgates.com (CERTIFICATE OF SERVICE, 1, MichaetD. Ricciuti, hereby certify that a true copy of the AKow3 document was setved upon Plaintiffs” counsel by hand delivery on November ated: November29, 2011COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT C.A.NO. 11-4152 ee OCCUPY BOSTON, KRISTOPHER MARTIN, SASHA SAGAN, NOAH MCKENNA, and JENNIE, SEIDEWAND, Plaintft, CITY OF BosTON, CITY OF OF BOSTON POLICE DEPARTMENT, by and ‘through POLICE COMMISSIONER EDWARD. DAVIS, and the ROSE FITZGERALD KENNEDY GREENWAY CONSERVANCY, INC, Defendants ——____ DEFENDANT CITY OF BOSTON'S MEMORANDUM OF LAW IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS” MOTION FOR A PRELIMINARY INJUNCTION INTRODUCTION ‘The City of Boston strongly believes in and protects its citizens” and vistors” rights to freedom of speech and peaceful assembly, consistent with he strong protection ofsuch speech in the federal Bill of Rights and Massachusetts” Declaration of Rights. Such speech i a the core of ‘functioning democracy and atthe heart ofthe political culture in Boston, which has seen Protest play a majorrole in political discourse inthis City since the founding ofthe Republic "Nevertheless, “[nJotwithstanding its exalted position inthe pantheon of fundamental freedoms, foe speech always must be balanced against the state's responsibility to preserve and protect