Judge Says Occupy DC Campers Must Be Given Fair Warning Before They’re Evicted
- Posted on February 1, 2012 at 6:11am by
Liz Klimas
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WASHINGTON (The Blaze/AP) — A federal judge said Tuesday that the U.S. government must notify one of the last major Occupy encampments if it intends to clear a downtown park of protesters.
The decision from U.S. District Judge James Boasberg means the protesters will have an opportunity to challenge their eviction beforehand.
Protesters remained Tuesday at McPherson Square, the city’s main Occupy site, a day after the National Park Service began enforcing a ban on camping on federal park grounds. Officials have not said when or if they will clear the park of protesters, though a lawyer for the government said in court Tuesday that she was unaware of any imminent plans to do that.
Watch the Huffington Post report with footage of the protesters on Monday:
The U.S. Park Police would, however, be permitted to clear the park without notice if there’s an emergency or urgent health concern. D.C. health officials and Mayor Vincent Gray have cited a rat infestation in McPherson Square as a continuing concern.
Assistant U.S. Attorney Marina Braswell said authorities did not plan to seize the tents of protesters who are complying with the camping ban, which prohibits the use of bedding materials, and other laws.
Jeffrey Light, a lawyer who is representing two of the protesters and is seeking class action status for his case, argued that the National Park Service does not have clear standards for deciding when and how to seize tents and how to ensure that seized belongings are returned to their owners. But Braswell said those concerns were hypothetical because she said there‘s no evidence that protesters’ property has been destroyed.
“The plaintiffs have supplied no evidence that anyone has tried to get property back from the Park Police and has been unable to do so,” she said.
Protesters appeared to expect a confrontation after the park service announced on Friday that it would enforce the camping ban, effective noon Monday. A sign advertised a “high noon” showdown, though that never happened. The demonstrators put up a blue tarp over most of a statue of Major Gen. James McPherson, a Civil War general for whom the park is named, and gathered underneath the tent.
Here is footage showing the tent, which is being called “The Tent of Dreams”, and protesters voicing their thoughts on the ban:
The “Tent of Dreams” was requested by authorities to be taken down yesterday. The Washington Post states that occupiers are discussing this afternoon whether they will take down the tarp:
Sam Jewler, an unofficial spokesman and protester with the McPherson contingent, said he was unsure whether the group would decide to remove the tent.
“If we do cooperate on the Tent of Dreams, maybe they’ll relax the standards on stuff like the no-camping rule,” he said.
Watch this clip taken Monday where protesters are saying that making them leave won’t be done easily:
Related: On Sunday, police used a stun gun on an Occupy DC protester who was tearing down fliers alerting others to the ban on camping.
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Comments (74)
RJJinGadsden
Posted on February 1, 2012 at 8:03amJust another full of himself federal judge legislating from the bench. And, while helping develop a new protected class of idiots.
Report Post »old white guy
Posted on February 1, 2012 at 8:12amjudges are very dangerous to the freedom of u.s. citizens.
Report Post »danrighty
Posted on February 1, 2012 at 9:30amHere is that left wing nut jobs email address. Send him a message of what you think of him.
Report Post »Lisa_Griffith@dcd.uscourts.gov
turkey13
Posted on February 1, 2012 at 10:25amThe judge is like that middle age – middle class guy – they both are welthy idiots that have never worked a day of their lives. Except for the homeless people caught up in this movement they are are the old hippies from the 60′s kids following in their parents footsteps. I had to get thru one of their marches to get home or drive 55 miles out of my way in about 1970. A bearded freak jumped on my hood and I plowed thru all 4 gears to 100 MPH and stopped at a highyway patrol checkpoint and he got off and fell on the ground and I was expecting top be arrested but the FHP officer told me to go on while laughing himself silly.
Report Post »bleuze
Posted on February 1, 2012 at 12:03pmThe best way to get the judge to understand is to have the judge pay for any damages rather than the American taxpayers.
Report Post »billmaherscombover
Posted on February 1, 2012 at 1:02pmJames Boasberg was nominated for this position by BHO in January 2011. Interesting…
Report Post »Arbroath7
Posted on February 1, 2012 at 2:33pmRight on the money, @RJJinGadsden!! That judge should have to go down and live in that stench and filth. “Let us sleep. Let us dream.” Go get a motel room, take a bath and then go to sleep … IN THE MOTEL ROOM! Then you can dream about all of your meaningless leftist fantasies!
Report Post »Spyder
Posted on February 1, 2012 at 3:10pmTo all the people here at the Blaze who constantly speak out against the Occupy movement, I ask you to take a moment to read this article regarding the “Pitchfork Movement” happening in Sicily. Similar, however it is not youth running the movement, but rather the middle-class producers who are fed up with corrupt politicians and the general theft of the nation’s wealth. You probably haven’t heard about it because there has been a complete Western Media Blackout of the story. Hmmm? I wonder why? This movement started on January 16th.
Report Post »We are in the same boat, people, and unless you drones wake up quickly, you too will lose everything to the big lie of our corrupt government. But don’t take my word for it. Look it up in multiple, alternate sources and see what is really happening out there. Stay away from the Corporate Media. They will not tell you what is really happening. Only what they want you to hear. Just remember that the only reason you think the Occupy movement is a bunch of Socialist, Marxist, Communist freeloaders is because that is what the corporate media has told you to think about the movement. Try thinking for yourselves for a change and reading between the lines. The ‘Normalcy Bias’ will not protect you from what is really coming down the dark road. “United we stand; Divided we fall.”
http://poorrichards-blog.blogspot.com/2012/01/sicily-pitchfork-movement-in-revolt.html
jhrusky
Posted on February 1, 2012 at 5:56pm@spyder
If this is really about protesting our corrupt, crooked government officials, then why are all you occupiers making life miserable for We The People instead of for these government people? Why are you protesting and occupying small business areas harming those folks instead of protesting in front of congress and congress people’s homes? The majority of America would be with you if you truly were protesting the government instead of those you perceive to have more than you. You come across as lazy, socialist, marxist freeloaders because you speak out against those who have made a lot of money. Don’t fault anyone for taking something the government gave them. Fault the government people that allowed this crap to take place. Fault those that voted to bail out Wall Street, as they are the problems, not those that took what was handed to them. Protest them, not the rest of the world (as you do when you occupy parks).
Report Post »Spyder
Posted on February 1, 2012 at 6:47pm@jhrusky
You’re funny! I’m not even an Occupier. I am a proud TEA Party member and I have been watching the new occupy protests with interest to see how the media paints the movement this time around; much like how they tried to paint the TEA Party as racists, nazis. The corporate media paints an ugly picture of any movement that shows WE THE PEOPLE’s power over the establishment. They paint it in a negative light and then watch as people start to break away based on this piece or that painted by the media pundits.
The point of me posting the article was to try and point out the blackout of this movement in Sicily because unlike how the media has painted our movements here as fringe, young, worthless, etc, etc. the people protesting in Sicily are the middle-class business owners fed up with the same things that both the TEA Party and OWS movements also represent. Two sides of the same coin.
Your response is what I would expect from another drone. You probably didn’t even read the article, but you immediately felt compelled to bash me instead. Exactly what the media and the establishment want you to do. “…Divided we fall.”
It’s always the Messengers who try to warn the others who are always persecuted for seeing what no one else in the collective sees. Enjoy your serfdom when the lies are finally exposed, and remember this conversation when the nightmare is fully realized.
Report Post »Impenitent
Posted on February 1, 2012 at 8:03amWhere are the environmentalist astro-turfers? They should be out screaming to give the park back to the squirrels… especially with all these nuts hanging about…
Report Post »lukerw
Posted on February 1, 2012 at 7:59amThe Court seems to be saying… the Ritual of the Court… does not have to conform to the Reality of Events, nor the Knowledge & Comprehension that is held by the Public!
Report Post »Zombee
Posted on February 1, 2012 at 7:58amHundreds of incidents have occurred across the nation and local law enforcement, governmental authorities and now this judge are hesitant to enforce the laws and jail these violators. The Tea Party protesters played by the rules and obeyed the permit laws etc. The selective law enforcement and biased treatment in D.C. is discriminatory and violates the civil rights of others. Patriot grassroots organizations should band together and file a class action civil rights lawsuit against these institutions. Its time for the Tea Party Patriots to pitch some tents and raise some Gadsden flags in McPherson Square.
Report Post »RJJinGadsden
Posted on February 1, 2012 at 8:27amZOMBEE,
Report Post »I tend to believe that this judge is not acting hesitantly but rather in lock step to his orders from the administration. I do hope to see more Tea Party major activity this spring and hope the localities who refuse to issue them permits are heavily sued. You’re right, they need to plant more Gadsden Flags.
ares338
Posted on February 1, 2012 at 7:52amMaybe we could give the arrestees community service; like cleaning up the parks they all crapped in and dumped trash all over.
Report Post »nelbert
Posted on February 1, 2012 at 7:44amWould reading about the warning on a popular website read round the globe count as fair enough warning?
Report Post »The one thing worse than Occupy is the way local and federal governments have pandered to them. But there I go again, forgetting that our government hopes to use these drones.
smithclar3nc3
Posted on February 1, 2012 at 7:48amSo a Federal Judge is requiring police notify OWW before they enforce a law that all ready on the books.
Report Post »Meyvn
Posted on February 1, 2012 at 7:38amYou have been warned.
Report Post »Gonzo
Posted on February 1, 2012 at 7:51amReally, what else do they need?
Report Post »SoupSandwich
Posted on February 1, 2012 at 7:33amSo how do we get our taxes into an escrow account? Tired of paying for squatters with good teeth designer glasses, North Face attire and a frickin lib arts degree. I am will to pay into a standing military, some infrastructure, and a well defined border. That is all. We have a mix of anarchists, what appears to be federal employees on PTO, and a smattering of druggies and criminals-demanding and getting over on us at every turn. Why can’t they find a liberal farm-not the people’s property?
Report Post »Sloburn
Posted on February 1, 2012 at 7:17amOWS, OWS can we send a cop over?
Report Post »4xeverything
Posted on February 1, 2012 at 7:15amIn most civilized society isn’t to the count of three sufficient warning?
Report Post »straighttalk4u
Posted on February 1, 2012 at 7:13amSquatters “Rights” are a foreign concept to most capitalistic level headed Americans but it is a political statement in socialist countries that is perceived as a means to bridge the gap between the rich and the poor. The OWS crowd is the symptom and not the diseases; the overarching issue is a socialist society which this present administration is pushing for. If not stopped these events will become more and more prevalent in our everyday lives in this great country.
Report Post »DD313
Posted on February 1, 2012 at 7:02amMcPherson square must be federal property if U.S. park police are involved. What would this judge have done had Occupy DC squatted in the Lincoln Memorial? Or on the Capitol grounds? Or in the portico of the Supreme Court Building? Surely a prompt appeal of this asinine decision is in order.
Report Post »Rajabear1
Posted on February 1, 2012 at 12:19pmBetter yet, what would they do to, let’s say you or me, if we went to a nearby national park with our families and pitched a tent for the weekend in a non-designated camping ground area? What if we refused to leave the the fed park ranger instructed us to? Do you think for one second that they would be heading for a fed court to see if they could remove our rears out of there if we said it was an expression of our free speech to be there?
Report Post »RightUnite
Posted on February 1, 2012 at 6:48amFive minutes and they’re out. How’s that for fair warning?
Report Post »Snowleopard {gallery of cat folks}
Posted on February 1, 2012 at 6:49amHow about surrounding them with marines and tanks and then tell them the live fire demonstration commences in five minutes.
Report Post »hidden_lion
Posted on February 1, 2012 at 6:58amFair warning-Camping is not permitted in the park, it is posted. This Judge is a moron.
Report Post »AzCowboy
Posted on February 1, 2012 at 6:47amI think they should try Occupy NASCAR lol
Report Post »j.H…
Twobyfour
Posted on February 1, 2012 at 6:45amMy idea of a fair warning is: “Move or we‘ll kick ye’r damn squatting derrieres.”
Report Post »kickagrandma
Posted on February 1, 2012 at 6:43amHere’s your warning.
Now leave. Go home. Get a job and work 80 hours a week. Pay your taxes. Carry your share. Be a real American
or
leave by choice or by eviction (coming soon).
Report Post »Obama_Sham
Posted on February 1, 2012 at 6:41amSounds like the judge needs evicted…
Report Post »NewLife56
Posted on February 1, 2012 at 6:38amGive a notice to illegal occupiers? These Judges have made the legal system and laughing stock joke.
Report Post »BuggiOlleo
Posted on February 1, 2012 at 6:36amMost noticeable…all these folks have such nice teeth..hmmmm..and they are fed..
Report Post »Honestybefore truth
Posted on February 1, 2012 at 6:34amIn one of the videos one of the nimrod Occupiers claims that OWS and the Tea Party are the same. My response is *&#$. The tell is no one I ever saw at a Tea Party rally was ashamed or feared to show their face. Watch just about any OWS video and you will see someone wearing a mask or bandanna over their face, like criminals do!
Report Post »drst4scss
Posted on February 1, 2012 at 6:30amAre you Frigging kidding me??? Take the names of all these liberal judges, politicians and other officials who support these criminals… It will be up to us to impeach, fire and toss them out by means of recall as well as vote them out of office!
Report Post »Baddoggy
Posted on February 1, 2012 at 6:35amA newt voter I suppose?
Report Post »grannyrecipe
Posted on February 1, 2012 at 6:28amOh, the tent of dreams! Can you imagine the complete and utterly ridicules babble that goes on under that? It would just be hysterical to listen in. Mel Brooks and the Monty Python crew would sue them for stealing content!
Report Post »Baddoggy
Posted on February 1, 2012 at 6:26amKinda like the birds that crapped on my car…I shooed them away once…Now, no more birdies…OOPs…
Could we maybe just give them California and take all of them there to live out thier Utopia? Make it another country. Name it Nutsville…It’s half full now a few more nutjobs would not bother them. Let them see how far their Utopia gets without my money…
Report Post »BehindBlueEyes
Posted on February 1, 2012 at 8:02amCalifornia is known as the land of the fruits and nuts.
Report Post »RJJinGadsden
Posted on February 1, 2012 at 8:44amUsed to live there when I was a kid, and have plenty of relatives still there. The best line that I have heard about California is “if you take out all of the fruits and nuts, all you have left are the flakes!” California is the typical breakfast cereal state.
Report Post »BehindBlueEyes
Posted on February 1, 2012 at 6:23amJust a bunch of misguided not too bright useful idiots.
Report Post »nelbert
Posted on February 1, 2012 at 8:03amDefinitely not too bright.
Report Post »Most of those ever interviewed quickly show themselves to either be bizarre in their politics (communist/Marxist or anarchist) or too mentally flaccid to do anything except parrot the rhetoric told them by others. I pity the reporters. It’s hard to rummage around in that filth to find someone who can actually articulate a sentence without using vulgarities.
Rajabear1
Posted on February 1, 2012 at 12:24pmnelbert-Very eloquently stated.
Report Post »AJAYW
Posted on February 1, 2012 at 6:14amI guess that we can take over all the parks this summer — no camping fees or permits needed. If this is the rule of law we are going by-
Report Post »