After the council's December 7 decision to refuse to work with OccupyMaine to find a way the encampment-protest could continue, the city's most progressive councilors kept wrestling with the idea. On December 9, Councilor Kevin Donoghue suggested that banning free speech at night on public property collided with the laws allowing people to walk through the city's parks; that is "effectively saying transit [is greater than] speech," Donoghue wrote to Mayor Mike Brennan.

• And there were hints about how an eviction might happen, if and when it comes.

On December 14, councilor David Marshall (the council's lone supporter of working with OccupyMaine) was fatalistic about the outcome. He wrote to Rees, Sauschuck, and city human-services chief Doug Gardner, suggesting a means of carrying out an eviction with less conflict than other cities have seen. "With probably the most humane tactic used so far to evict Occupy protesters, the City of Baltimore offered bus rides to the shelters during the eviction process from the park," Marshall wrote, providing a link to a Baltimore Sun news story on the event. "Hopefully we can borrow this tactic from Baltimore's playbook. Although, I am not sure that riot gear is necessary," he continued

On December 16, Rees responded supportively, specifically saying the city DHHS people should be "present to transition (homeless) people to our shelter system."

Sauschuck was more reserved, writing the same day that "due to the potential safety concerns at the scene I would recommend that officers facilitate the transfer of folks to different locations. The locations in question will depend on the time frame we make contact with the individuals. Just as an example if we are forced to move them out and the decision is made for 8 in the morning on a Sunday then the options would be completely different then another day and time. We're certainly onboard with making this as easy and humanitarian a process as possible."

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