Published: Oct 26, 2011 11:21 PM EDT
Updated: Oct 26, 2011 11:28 PM EDT

FORT MYERS, Fla.- "Occupy" protesters took their battle to federal court Tuesday, filing a lawsuit against the city of Fort Myers.

In the suit they blame the city for "ongoing and threatened violation of the first amendment rights..." for people "seeking to engage in peaceful expressive conduct within the city of Fort Myers."

"You can't stifle the First Amendment and also you can't require us to attain something we can't attain such as liability insurance because we're not an entity or a group," said occupier Matthew McDowell.

Many of the "Occupiers" were written $135 citations for not leaving the park after it closes and some have several tickets.
Those are listed in the suit, but the protesters say they're not the main concern.

"I'm more afraid of the world not changing. The tickets...that's a piece of paper and more cash that's really not worth anything to us at this point," McDowell continued.

Wednesday morning an emergency injunction was filed by the group's attorney, Jennifer Keesler, sought a temporary restraining order against the city. But that order was denied.

City attorney Grant Alley said he looks forward to taking the matter to court. "Occupiers" say no matter what the outcome of the case, they'll fight until they get results.

"I hope to go years. If it takes years I'll go the distance. I've been fighting this thing since 9/11," said protester Frank Gubasta.

While the groups request for a restraining order was denied, a ruling has yet to be made on the emergency injunction.