CHICAGO – A judge Thursday threw out the arrests of more than 90 Occupy Chicago protesters in a city park and ruled that the curfew for the area was unconstitutional.

Cook County Associate Judge Thomas Donnelly said in his ruling that the city often chooses not to enforce the curfew for events it supports. The arrests last October came after hundreds of members of Occupy Chicago refused to take down tents and leave Grant Park when it closed at 11 p.m.

Donnelly compared the protests to President Barack Obama’s victory rally in the same park in 2008.