About 50 Occupy Sacramento protesters chanting "Whose park? Our park" remained in Cesar Chavez Plaza after the city's 11 p.m. curfew Wednesday.
As of 11:15 p.m., more than a dozen police officers had not begun arresting protesters, who were taking part in their "First Amendment party."
"We are making a point of exercising our rights," said Sean Laney, a Sacramento protester. "It's about time for people to stand up for the rights they do have before they wake up and find they have no rights."
The city has made 87 arrests seeking to enforce the curfew since the Occupy Sacramento protests began Oct. 6. Activist Cindy Sheehan joined protesters Wednesday.
Sgt. Andrew Pettit, a spokesman for the Sacramento Police Department, said the department will continue to enforce the park curfew but was confident officers could handle it without violence.
"If they decide to stay, we'll well have to enforce those city codes," Pettit said.
Lawyers supporting the effort have filed a federal lawsuit arguing that the First Amendment rights of free speech and free assembly do not expire at 11 p.m.
The city rejects that argument.
Experts disagree on whether sparring over the park curfew is the best way to bring attention to the seemingly primary issue of wealth disparity.
"I think a lot of Californians are still at a loss for what the local Occupy folks stand for," said Roger Salazar, a local Democratic consultant.
GOP consultant Jeff Flint said free speech is something everyone can support.
"I think voters feel like the right to protest is pretty fundamental, even if they don't agree with (what they are saying)," Flint said. "If you're a constitutional purist, then you have to respect your political opponents' First Amendment rights."
California State University, Sacramento, professor Ed Inch sees the First Amendment issue as a carrot for the media. What the protesters really want is to reignite their movement, said Inch, dean of the college of art and letters at CSUS.
He even suggested a small group of protesters might try to provoke the police into taking disproportionate action.
"I think they are looking for something that will pull people together that demonstrates that they are in the right and they are the downtrodden," Inch said.
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