Judge Rules Against NYC Protesters — Occupiers Can’t Sleep Overnight
- Posted on November 15, 2011 at 5:02pm by
Jonathon M. Seidl
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NEW YORK (The Blaze/AP) — 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.
Supreme Court Justice Michael Stallman on Tuesday denied a motion by the demonstrators seeking to be allowed back into the park with their tents and sleeping bags.
The New York Times has quotes from the ruling:
“The court is mindful of movants’ First Amendment rights of freedom of speech and peaceable assembly.” But he added, quoting from another case, “Even protected speech is not equally permissible in all places and at all times.“ He said that the protesters ”had not demonstrated that the rules adopted by the owners of the property, concededly after the demonstrations began, are not reasonable time place and manner restrictions permitted under the First Amendment.”
Police cleared out the protesters in a nighttime sweep early Tuesday. The judge upheld the city’s effective eviction of the protesters after an emergency appeal by the National Lawyers Guild.
The protesters have been camped out in privately owned Zuccotti Park since mid-September. Mayor Michael Bloomberg said he ordered the sweep because health and safety conditions and become “intolerable” in the crowded plaza.
Read the entire ruling.
Shortly after the ruling, New York Mayor Michael Bloomberg weighed in, releasing the following statement on the re-opening of Zuccotti Park:
“This morning we planned to re-open Zuccotti Park to the public, including any protestors, at approximately 8:00 AM when the cleaning was completed. The opening of the park was delayed due to legal action taken against the City, but Zuccotti Park is now open to the public. The court’s ruling vindicates our position that First Amendment rights do not include the right to endanger the public or infringe on the rights of others by taking over a public space with tents and tarps. The City has the ultimate responsibility to protect public health and safety and we will continue to ensure that everyone can express themselves in New York City. Zuccotti Park will remain open to all who want to enjoy it, as long as they abide by the park’s rules.”
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Comments (105)
sheerterror
Posted on November 15, 2011 at 5:39pmThank God! Now make sure no tents are set up again.
Report Post »pscully17
Posted on November 15, 2011 at 5:57pmhttp://www.youtube.com/watch?feature=player_embedded&v=n_HgJ071PiY Annonymous declares war on NYC, Police, Bloomberg follwing Judges ruling about encampment!!
Report Post »Itchee Dryback
Posted on November 15, 2011 at 6:04pmActually it plays to their benefit. They don’t want to deal with winter and this gives them an out and a reason to play the victim some more. Don’t get me wrong, I’d like to turn the water cannons on them, but if this was done a month ago it would have meant something. I‘m guessing most of those losers are actually happy they can get back to mom’s cooking and a warm basement to smoke dope and tell storys of their brave defiance.
Why wasn’t this done as soon as it was pointed out that they were in violation of existing laws?
Report Post »sheerterror
Posted on November 15, 2011 at 6:04pmThat did not take long.
Report Post »truckinwife
Posted on November 15, 2011 at 6:05pm@pscully17 great, thanks for in-sighting a riot… go back to your hole now … America doesn’t need this sort of thing from some rouge internet group
Report Post »pscully17
Posted on November 15, 2011 at 6:16pm@tuckinwife… Im on yourside, im not inciting the riots, they are.. Im just forwarding the info to you.. so that you can lock and load and prepare to protect yourselves!!!
Report Post »vnachi77
Posted on November 15, 2011 at 6:17pmWhy couldn’t Bloomberg have done this in September?
Report Post »capitalismrocks
Posted on November 15, 2011 at 6:23pmAnonymous…. ***YAWN***
They took down the NYSE for 1.8 secs, whoa!!! Earth shattering…. Operation Fox Hunt, more like operation wild goose chase…
A bunch of socially inept, overweight, rejects hiding down in their mommy’s basements running lame script-kiddie DoS scripts against targets…. wow, so frightening *YAWN*
So, they deface a website every now and again, big deal, 10 mins later the webpage is fixed and the CHMOD’s are made and its over, nothing to see here…
This group is all hype and no hypertext….
Report Post »ishka4me
Posted on November 15, 2011 at 6:24pmThe park is open for human behavior once again, not communist pig behavior.
Report Post »Truejoy
Posted on November 15, 2011 at 6:33pmThank you, Jesus. America is NOT Cairo, Egypt. Not a place of riots, violence and mob rule. It IS the country that EVERY country on the earth looks to as THE model of freedom, free elections and a place that anybody can have a chance to work hard, be innovative, and create without fear of enslavement, torture, or starving to death. Before anyone says something foolish about this comment (because many Americans don’t know that slavery does exist elsewhere, people are tortured–not metaphorically, in some places for their religious views, and there are some places where you can’t just hop by a soup kitchen and get fed), I strongly recommend that they go visit some other countries in order to have some realistic basis of comparison (not some fantasy, but based on how things generally are elsewhere).
Report Post »Walkabout
Posted on November 15, 2011 at 6:47pmThe organizers of OWS are not done with the American public yet. They will find some reason & method to enslave us.
Report Post »truckinwife
Posted on November 15, 2011 at 6:53pmok @pscully17 I’m locked and loaded them for sure… thanks
Report Post »Snowleopard {gallery of cat folks}
Posted on November 15, 2011 at 6:53pmUnderstand this much, Mr Obama when he comes back from his newest apology tours overseas will most likely strike back hard upon NYC and the law enforcers especially. This is not over by a long shot yet…recall that on Thursday they are planning to storm wall street to shut it down.
Report Post »CatB
Posted on November 15, 2011 at 7:04pmAre they going to have to buy permits and insurance and provide portapotties .. like they make the TEA Party .. .NO??? Then I hope that TEA Parties throughout the country SUE these cities to get their money BACK! And in the future we should not have to provide any of these either .. let the city pay for us also!
TEA!
Report Post »Cynic-clinic
Posted on November 15, 2011 at 7:04pmWill some brilliant lawyer explain to me, and millions of others, just exactly how a lawyer picks a judge, walks into court within hours if not minutes of his personal, non criminal complaint and gets a judicial ruling almost immediately without any attempt by the court to hear an opposing argument, no evidence, no procedural measurers and none of the affected parties in the courtroom. I’ve personally waited 6 months and more just to get into court to evict a tenant.
Is this what you call LAW or is it really a circus where the elephant farts and everyone scatters???
Report Post »@leftfighter
Posted on November 15, 2011 at 7:06pm@pscully17
Anonymous needs to have war declared on them. Where’s “the hacktivist for good,” th3j3st3r, when you need him?
He tango downs Al-Qaeda and rougue foreign elements, knocks pedo sites off the net but leaves Anonymous unscathed?
Report Post »pscully17
Posted on November 15, 2011 at 7:13pmObama…– “ the Police acted stupidly”….. Rape, murder, and other vioent crimes conducted by the protesters is their civil right!!! if a rape victime gets pregenant, the baby will be killed, no problem. Now, shut up you tea Party, Law abiding citizens, pay your taxes, and accept that chaos and mayhem are how I roll!!!
Report Post »ascoolone
Posted on November 15, 2011 at 7:35pm@TRUEJOY Amen These “protestor” don’t have a clue what brutality really is. Let alone what true oppression is. Just look at what is happening in Syria and other middle east countries. Or how about this look at what happened it titiman square it their beloved communist country China.
Report Post »Echelon
Posted on November 15, 2011 at 5:36pmFinally. Someone with a brain to recognize that these people are not just protestors must a menice to society, unemployed (by choice), losers with extreme low self-esteem, and just about anything else I can think of to describe these people. Well, that’s enough for now, I have to actually get back to work!
Report Post »pscully17
Posted on November 15, 2011 at 6:42pmMuch Like the Muslim Brotherhood being the Only organized game in the Middle East uprisings, so is the AFLCIO here in the states. They Pushed the youth to the front, started a protest, now its going forward with NO leadership… and baddaboom baddabing.. SEIU, and AFLCIO step in and take over. they will fund it, then cue VAn Jones and the Activists on the violent fronts like annonymous… who will incite the youth and the anacrhists to hammer on the Ploice and break the municiple banks.. one arrest/violent crime at a time… then, the Police state will emege, the politicians and Obama will blame the Police, the media will villiify the Police, and then we become a land of lawlessness!!! COLLAPSE!
Report Post »INOGAWD
Posted on November 15, 2011 at 10:52pmKUDOS, Supreme Court Justice Michael Stallman !!!! TKS..
Report Post »hightide
Posted on November 15, 2011 at 5:30pmJustice at last.
Report Post »takemout
Posted on November 15, 2011 at 5:24pmI noticed a large union puke dressed in purple making menacing moves to the police as they were being evicted. Watch the union presence as this develops. The left cannot afford for this anarchy to loose. They are looking for the world as we know it to crumble, although they have no idea of what the consequences will be.
Report Post »antiencenom
Posted on November 15, 2011 at 8:28pmTea Party Forward March
Report Post »jakartaman
Posted on November 15, 2011 at 5:23pmBloomberg – Why did it take you two months????
Report Post »Leadership is not learnt and you were not born with it
TRONINTHEMORNING
Posted on November 15, 2011 at 5:22pmOk, time to go home folks. Wake up to reality and be productive–I wonder if ANY will be. I’m not so sure.
Report Post »Marengo Ohio Patriot
Posted on November 15, 2011 at 5:22pmfinally, the justice system gets something right. mark this one on the calendar!!!
Report Post »mbean
Posted on November 15, 2011 at 5:22pmAnd what will happen to the ACLU Judge Lucy Billings. ????
Report Post »truckinwife
Posted on November 15, 2011 at 5:26pmShe should be tossed out like the other rouge judges that have been put in place around the United States
Report Post »Survivor101
Posted on November 15, 2011 at 5:22pmNew York Daily News……see if you catch the OWS “working” the system, thus undermining the system put in place to be fair. They knew they were in violation and the Judge should be reprimanded!
“He said the city planned all along to let the anti-greed movement return to Zuccotti as soon as it was cleaned — without the trappings of the tent city.
But lawyers for Occupy Wall Street got Manhattan Supreme Court Justice Lucy Billings, a former ACLU lawyer, to sign an order at 6:30 a.m. that explicitly said they should be allowed in with “tents and other property.”
“We called her. She came and signed the papers,” said lawyer Daniel Alterman, refusing to say why they zeroed in on Billings.
“They trampled on the Constitution. They tossed it in the garbage,” he added, likening the mayor to “a small rodent.”
A hearing on the temporary order was held before Justice Michael Stallman, who was chosen at random by computer to handle the case.”
Technically – the first order from the Supreme Court Judge should not have been executed.
Report Post »gramma b
Posted on November 15, 2011 at 5:21pmInteresting. When you read the court’s opinion, you see that two unions are intervening on behalf of the occupiers. Right again, Glenn.
Report Post »msconstrue
Posted on November 15, 2011 at 5:21pmnot related, but interesting.
http://news.yahoo.com/minnesota-governor-calls-union-vote-day-care-workers-210022622.html
Report Post »smackdown33
Posted on November 15, 2011 at 5:38pmCommunism 101.
Report Post »smackdown33
Posted on November 15, 2011 at 5:18pmExceptions to the rule do exist, and Judge Stallman has just proven that axiom. Shalom.
Report Post »pscully17
Posted on November 15, 2011 at 5:21pmBring in the IDF to police these anti-semites….i wonder how that would work out?
Report Post »smackdown33
Posted on November 15, 2011 at 5:35pmThe IDF intelligence is here. Look up Yigal Carmon. Look up Rahm Emanuel, former Chief of Staff to Pres.. Look up Lawrence Franklin. Look up Rosen and Weissman, AIPAC. Look up Bernard Schwartz.
Report Post »Walkabout
Posted on November 15, 2011 at 7:43pmShalom
Figures. Let me guess you have Russian ancenstry
Report Post »Walkabout
Posted on November 15, 2011 at 7:44pmcorrection ancestry
Report Post »Dont-hate-on-me-2
Posted on November 15, 2011 at 5:17pmShould have just threw them all in the ocean last month. Bah
Report Post »truckinwife
Posted on November 15, 2011 at 5:16pmFinally, this should have happened about two months ago, assembling and camping out are two different things. Bloomburg would have tossed out a camp of homeless the day it got started, but let this foolishness go way too far, harming businesses, people and property in the process. And all for a bunch of brats that have every IPhone, IPad and professional AD paid for by socialists, and others that are just as evil standing behind this “peaceful”( Doctor Evil quotes) group.
Report Post »MNConservativeIndependent
Posted on November 15, 2011 at 6:07pmThey should have either been thrown out or have a zoo-like fence erected around then and don’t let them out! They want to act like animals, they should be treated them like animals!
Report Post »gramma b
Posted on November 15, 2011 at 5:16pmThank heaven. It is common sense that the right to speech does not include the right to squat on someone else’s property. But, increasingly, common sense loses out in the courts. A ray of hope.
Report Post »skippy6
Posted on November 15, 2011 at 5:15pmHa Ha, now go back to your parents house, because I‘d be willing to bet that’s where you came from you bunch of leeches!!!! I pity the cleanup crew…eeewww!!!!
Report Post »V-MAN MACE
Posted on November 15, 2011 at 5:15pmWhatever. The judges and the Nazis will never overrride the people. There’s more of us than them, it‘s just a matter of time before they’re overrun.
And they know it.
Report Post »hightide
Posted on November 15, 2011 at 5:32pmObey the law or pay the penalty. Your choice.
Report Post »TeaPartyGoth97
Posted on November 15, 2011 at 5:35pmNow, I’m a bit confused. Are you pro or anti OWS?
Report Post »TheVoice1
Posted on November 15, 2011 at 5:43pmVtroll man
you have really lost it…. well it is true that you must first have something to loose it, so let me rephrase, troll madness has become your dwelling place, and you are beyond mad…. lol….. I knew that we would see your troll dance today…. you trolls are so easy to read… lol it is a tad stinky when you do this dance but it is such a laugh…. are you going to spout off about your shooting first thingie today troll man….. lol go out and poop on the sidewalk on your way out troll man and wee, wee, wee, on the sidewalk all the way home to troll vile…
Report Post »Stand Strong America
TheVoice1
Posted on November 15, 2011 at 5:48pmTeaPartyGoth97
let me clear this up for you my friend, Vtroll man is a OWS troll and an insane one at that. He was tagged a troll long long long ago. anti-tea anti just about anything except troll soup that he continues to spew to those who do not know his trollship. Put him in a fuss and he will do his troll dance for us all every time. Stay Encouraged America
Report Post »TexasHunter
Posted on November 15, 2011 at 5:50pmv-boy BRING IT ! We will wash you up like a dirty rag. Then use you as a mop to clean up the mess. You are a nuisance on this board and I am sure in society. Go home and sit on your couch and watch Family Guy like a good little boy. Smoke out of your bong and let the Men and Women run America. We have a lot of work to do to keep America # 1 something you know nothing about.
Report Post »V-MAN MACE
Posted on November 15, 2011 at 6:24pmI support their right to protest, and not be upended by Nazis in the middle of the night. I don’t subscribe to their ideology, no matter how many times some idiot TROLL repeats it.
I’m a Tea Party member, I’m not “Anti-Tea Party” because I don’t toe the line of some neocon bootlicking trolls posing as Tea Party members on this site.
TheVoice1
Your consistently calling me a troll because I offer opinions which happen to differ from yours and offering nothing else of substance except ad hominem personal attacks makes you exactly the word you love so much. You won’t humiliate me, you look and sound like a fool, and you can’t shut me up. Next? Oh let me guess… “troll this” and “troll that”.
TexasHunter
Who the hell is your imaginary “We”? I‘m willing to bet dollars to donuts that there’s more people who can’t stand the actions of this corrupt government (including law enforcement) than there is bootlicking sheep like yourself. And I‘m willing to bet bullets to bonghits that we’re more willing to fight and die for freedom than you and your little “we” licking boots from behind your computer screen.
I’m a nuisance to YOU (and other neocons) because you don’t like my opinions. Tough. I’m happy to be under your skin. Sorry, I don’t watch stupidity programs like adult cartoons. You and your imaginary “we” can keep that. Licking Nazi boots has nothing to do with “keeping America #1″, you delusional fool. All you run is your mouth.
Report Post »V-MAN MACE
Posted on November 15, 2011 at 7:01pmI’ve outlasted all the trolls who ever tried to run me off this site with constant stupid remarks.
You will ***FAIL*** also.
Report Post »hidden_lion
Posted on November 15, 2011 at 8:08pmv-man_
Report Post »The ruling isn’t against their right to protest, free speech. It is against them squatting aka camping in a no camping place, leaving filth and grime in their wake. They could arrest them all for littering, but they just wanted to clean the park and make it accessible to the rest of the public too.
Itchee Dryback
Posted on November 15, 2011 at 8:11pmV-MAN MACE
Posted on November 15, 2011 at 5:15pm
Whatever. The judges and the Nazis will never overrride the people. There’s more of us than them, it‘s just a matter of time before they’re overrun.
And they know it.
___________________________
Delusional.
How many people were at Zucchini Park?…300?
In a country of 310,000,000 you wannabe Santa’s Elves are the .99%ers.
Report Post »Grow up girl.
V-MAN MACE
Posted on November 15, 2011 at 10:40pmhidden_lion
HAHAHAH!! Yeah, whatever ya say, man.
Itchee Dryback
You’re smoking crack if you think even 10 million of those 300+ million people even like the police or judges at all. Now shut up and take your sex change meds.
Report Post »TheVoice1
Posted on November 15, 2011 at 11:44pmI knew you would throw you troll fit dance before the night is over Vtroll….. you never disappoint.. lol
Oh yeah you are Tea Party… like you are Marlyn Monroe… lol … what was that you said earlier about “there is more of us than there are of you”… a major troll slip there Vtroll…what, you think real Tea folks haven’t read your previous troll spews, rants, and troll fits…. you are really getting excited here tonight… you out last the troll finders.. not….. . just like your other lying troll non-sense… go on and do your troll spew dance dip wad… there are way more of us than there are of you that have been defending America from trolls like you for a long time…. poke a troll and watch him spew and dance… We know Tea and it doesn’t smell like troll juice… lol troll‘n troll’n troll’n, keep them trolls a move’n, Outside.
Stand Strong America
Report Post »TheVoice1
Posted on November 15, 2011 at 11:50pmItchee Dryback
ha ha ha
Ladies and Gentlemen, tonight you too can watch Vtroll do his troll temper tantrum troll dance while screaming “shut up, I was here first, shut up” … lol
Stand Strong America
Report Post »V-MAN MACE
Posted on November 16, 2011 at 9:21amThe Voice1
I’m glad to have a new sidekick…as in, someone I can kick in the side who constantly offers his side to be kicked.
You have a sign on your side that says “place roundhouse here”.
Let me know when you have obtained your crown of “The Arbiter of Tea Partyism”. Loser.
Report Post »ZAP
Posted on November 15, 2011 at 5:14pmNYPD go get them.Practice your swing for softball this spring
Report Post »mcFirst
Posted on November 15, 2011 at 5:14pmthey will go back to their basements.
Report Post »Corneo
Posted on November 15, 2011 at 5:13pmHad to clear them out before the thanksgiving parade. Don’t need that on national T.V.
Report Post »kentuckypatriot
Posted on November 15, 2011 at 5:29pmDon’t give them any ideas about the Thanksgiving Day parade! Or, maybe they will try to occupy it and it will fizzle out, just like the veteran’s Day parade!
Report Post »sheerterror
Posted on November 15, 2011 at 6:41pmI hope they do something to the Thanksgiving Day parade. People in middle America that have not chosen sides will after that I am sure.
Report Post »Old Truckers
Posted on November 15, 2011 at 5:11pmAnother law with no teeth.
Report Post »texasfarmer
Posted on November 15, 2011 at 5:11pmYou mean a judge with a brain and not working with the ACLU?
Report Post »AvengerK
Posted on November 15, 2011 at 5:17pmMore like a Judge told by Bloomberg that the city‘s losing millions of dollars for babysitting what was supposed to be the democrats’ tea party.
Report Post »JohnnyMidknight
Posted on November 15, 2011 at 5:10pmFINALLY! Almost two months after and a Judge finally acknowledges that the movement, itself, is against the constitution.
Report Post »right
Posted on November 15, 2011 at 5:08pmAbout time.
Report Post »pscully17
Posted on November 15, 2011 at 5:06pmCue the riots!!!!! Go nypd!!!
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