John on November 15, 2011 at 2:21 pm
They had a momentary reprieve this morning when a hand picked, former ACLU lawyer issued a restraining order on the police. Fortunately, another judge has now reviewed the case and ruled with the city:
A New York judge has upheld the city’s dismantling of the Occupy Wall Street encampment, saying that the protesters’ first amendment rights don’t entitle them to camp out indefinitely in the plaza.
State judge Michael Stallman on Tuesday denied a motion by the demonstrators seeking to be allowed back into the park with their tents and sleeping bags…
Judge Stallman had held a hearing Tuesday afternoon on the legality of the eviction, following an emergency appeal by the National Lawyers Guild, a civil rights group.
Alan Levine, a lawyer for the demonstrators, said they had a free speech right to remain in the square. City lawyer Sheryl Neufeld said the demonstrators have a right to express themselves, but “it doesn’t mean that they have a right to appropriate this private space for themselves.”
I’m told the organizers are already talking about a big march on Thursday, the two month anniversary of the protest. It’s also possible they’ll just find another park and start the process of draining city resources (and locals patience) all over again.
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