A Manhattan judge has ruled against the #OWS protesters, upholding the eviction and vacating the TRO:
A New York court has ruled that a pre-dawn police raid on the Occupy Wall Street camp at Zuccotti Park was legal.
The ruling means protesters will remain barred from setting up tents and sleeping in the park, although New York officials say protest will be allowed.
Here is Judge Michae Stallman’s decision:
To the extent that City law prohibits the rerection of structures, the use of gas or other combustible materials, and the accumulation of garbage and human waste in public places, enforcement of the law and the owner’s rules appears reasonable to permit the owner to maintain its space in a hygienic, safe, and lawful condition, and to prevent it from being liable by the city or others for violations of law, or in tort. It also permits public access by those who live and work in the area who are the intended beneficiaries of this zoning bonus.
The movants have not demonstrated that they have a first amendment right to remain in Zuccotti Park, along with their tents, structures, generators, and other installations to the exclusion of the owner’s reasonable rights and duties to maintain Zuccotti Park, or to the rights to public access of others who might wish to use the space safely. Neither have the applicants shown a right to a temporary restraining order that would restrict the City’s enforcement of law so as to promote public health and safety.
Therefore, petitioner’s application for a temporary restraining order is denied.
I wish I could defy a TRO and then win on appeal anyway. I’m gonna try that next time.
I don’t think that this is the end of this.
2 comments
Author
Author
Even though their businesses were disrupted, some business owners believe that the city has NOT negotiated in good faith with either them ot #OWS. One owner, who was just interviewed on NBC News said that they requested the removal of barricades, increased trash removal and permission for portable bathrooms. The city ignored them and #OWS. The lady further stated, quite eloquently that the community needs and the right to protest were not mutually exclusive and she did not believe that Mayor Bloomberg or NYPD have acted in good faith