Judge Says Protesters Can Return to Zuccotti Park for Now

[Adenoid_Hynkel]

Source: NY Times

A New York judge on Tuesday issued a temporary restraining order allowing protesters to return to Zuccotti Park only hours after police forcibly removed them, arresting dozens.

The order by Justice Lucy Billings set a hearing date for Tuesday at 11:30 a.m. and said that until the matter was considered at that hearing, the city and Brookfield Properties, the owners of Zuccotti Park, would be prohibited from evicting protesters or "enforcing 'rules' published after the occupation began or otherwise preventing protesters from re-entering the park with tents and other property previously utilized."

It was not immediately clear what effect the order would have on the protesters meeting in nearby Foley Square. Some had advocated returning to the park.

Read more: http://cityroom.blogs.nytimes.com/2011/11/15/updates-on-the-clearing-of-zuccotti-park/?src=twt&twt=cityroom#judge-says-protesters-can-return-to-park-for-now

[Greybnk48]

1. Can they charge NYPD with vandalism and destruction of

property or theft?

[UnrepentantLiberal]

2. Judge Says Protesters Can Return to Park for Now

Source: New York Times

A New York judge on Tuesday issued a temporary restraining order allowing protesters to return to Zuccotti Park only hours after police forcibly removed them, arresting dozens.

The order by Justice Lucy Billings set a hearing date for Tuesday at 11:30 a.m. and said that until the matter was considered at that hearing, the city and Brookfield Properties, the owners of Zuccotti Park, would be prohibited from evicting protesters or "enforcing 'rules' published after the occupation began or otherwise preventing protesters from re-entering the park with tents and other property previously utilized."

It was not immediately clear what effect the order would have on the protesters meeting in nearby Foley Square. Some had advocated returning to the park.

Read more: http://cityroom.blogs.nytimes.com/2011/11/15/updates-on-the-clearing-of-zuccotti-park/?src=twt&twt=cityroom#judge-says-protesters-can-return-to-park-for-now

[brooklynite]

3. Court hearing to be held at 11:30 AM.

[dipsydoodle]

7. the owners of Zuccotti Park, would be prohibited from evicting protesters

surely it wasn't the owners who removed them.

[Laelth]

4. Good news. k&r for exposure. n/t

-Laelth

[quickie question]

5. As somebody ignorant of New York and the details of the protest...

why don't they move to a public park?

[Hugin]

11. Why don't they use a private security firm to remove the protesters? n/t

[quickie question]

12. I'd assume the same reason police evict people from homes.

Evictions are something the police handle everywhere. That's just a guess though.

Seriously though, is there a reason to stick to that park rather than going to a publicly owned one?

[rhett o rick]

15. Who the city or the property owners? nm

[rhett o rick]

14. Many of the "public" parks are owned by private corporations. They are required to provide a certain

amount of "public" space. In these cases "public" park doesnt mean it's owned by the city.

Someone else probably can explain better. I only know enough to get myself in trouble.

[quickie question]

17. I figured it my be something like that.

Around here (san antonio) the parks are all owned by the public/government but wouldn't doubt that it's done differently in such a high density area.

[alcibiades_mystery]

16. Public city parks close at dusk in NYC by statute

If you are in a park after dark, you can (there's massive selective enforcement) be given a desk appearance ticket for a violation called "in the park after dark."

The beauty of Zucotti was that it was public-private with the stipulation that it is open to the public 24 hours a day - so there is no "in the park after dark" violation in Zucotti Park. It wasn't chosen randomly. It was chosen because it is specifically exempted from the "close at dusk" statutes of NYC public parks.

[quickie question]

18. Thank you.

[Hissyspit]

21. It is a public park.

Privately owned land but space must be open to public 24 hours a day per agreements made with realtors in exchange for easements of building regulations.

http://www.nytimes.com/2011/10/14/nyregion/zuccotti-park-is-privately-owned-but-open-to-the-public.html?_r=1

Perhaps most important, from the perspective of a long-term protest like Occupy Wall Street, Zuccotti Park — unlike city-owned parks — is open 24 hours a day. Private parks and plazas that were developed under the original zoning rules governing them are generally open around the clock, while those created under more recent rules may close from dusk to dawn. About half of the privately owned plazas are required to be open 24 hours a day, according to the Department of City Planning.

- snip -

The laws generally give real estate developers zoning concessions in exchange for public space. There are now at least 520 such parks, arcades and plazas in New York City, both indoors and out, providing a total of 3.5 million square feet of space.

Zuccotti is unusual in that it does not adjoin the 54-story office tower, 1 Liberty Plaza, that spawned it. Rather, it is bounded on all four sides by streets: Broadway, Trinity Place, and Cedar and Liberty Streets.

And while the developer did not win the right to build a larger structure in exchange for the park, it was given leeway on certain height and setback restrictions, according to Jerold S. Kayden, a lawyer and professor of urban planning and design at Harvard University.

[aquart]

24. This IS a public park!

It is open to the public 24/7. It has no walls. It has no gates. We gave those bastards our air for that park.

[pmorlan1]

6. CBS Sucks

I was watching the CBS Early show and they just reported on the protesters being evicted. They included footage of Bloomberg talking about safety but they never mentioned that a NY Council member had been injured/arrested AND they never mentioned the order by Justice Lucy Billings. Now if I already knew this information a good 10 minutes before their reporting I know they had the information. There is no excuse for slanting this story and only providing viewers with partial information. They are truly owned, heart and soul, by the 1%. Shame on them!

[Enthusiast]

20. "They are truly owned, heart and soul, by the 1%. Shame on them!"

I agree. And nearly the entire media is owned heart and soul. The one-sided media is as much a threat to our democracy as Citizens United, even more so. Some solution must be found.

[MgtPA]

8. Zuccoti Protest Evictions Illegal, Judge Ruled

Source: http://www.ustream.tv/theother99

Just heard now.

Read more: http://www.ustream.tv/theother99

[Enthusiast]

9. K&R! nt

[sarchasm]

10. K&R !!!

[No Elephants]

13. One of the lawyers that got the injunction was on Democracy Now. He said they woke the judge at

about 3 a.m.

Democracy Now says they saw all the belongings of the protestors being thrwon into sanitation trucks.

And, though the notice said people would be able to pick up their belongings at the Sanitation Department upon proper identification, the drivers said they were taking the stuff to the dump.

For homeless people, this stuff is all they own in the world.

[Enthusiast]

19. Kicked and recommended! nt

[UnrepentantLiberal]

dupe

[UnrepentantLiberal]

22. They're heading back to Zuccotti Park right now.

This should be interesting.

[kpete]

23. BLOOMBERG SERVED WITH TEMP RESTRAINING ORDER REQUIRING REOPENING OF ZUCCOTTI PARK TO PROTESTORS

Source: Think Progress

BREAKING: BLOOMBERG SERVED WITH TEMPORARY RESTRAINING ORDER REQUIRING REOPENING OF ZUCCOTTI PARK TO PROTESTERS AT 7:50AM | At 6:30AM this morning, following a midnight police raid evicting protesters from Zuccotti Park, Justice Lucy Billings issued an order requiring the protesters to be readmitted to Zuccotti Park with their tents. ThinkProgress just spoke to one of the plantiff’s attorney’s, Gideon Orion Oliver, who confirmed that the order was served on Mayor Bloomberg and the other defendants via fax at 7:50AM. During his 8AM press conference, Mayor Bloomberg seemed to acknowledge he was familar with the temporary restraining order, but claimed that he had not been served and was keeping the park closed. As of this writing, Zuccotti Park remains closed to protesters in direct contradiction of Justice Billing’s order.

Read more: http://thinkprogress.org/justice/2011/11/15/368664/breaking-bloomberg-served-with-temporary-restraining-order-requiring-reopening-of-zuccotti-park-to-protesters-at-750am/

---

https://www.documentcloud.org/documents/266582-order-re-liberty-park/

[snot]

25. Police in contempt NOW:

Edited to add, that's 10:28 Eastern time.

[UnrepentantLiberal]

27. Damn! We lost the live feed!

I really wanted to watch this.

[HopeHoops]

26. Fuckin' commie.

:sarcasm:

Sorry, just had a Republican moment there.

[alp227]

28. well it's too late because the police confiscated everything already

and can the 1% mayor of NYC name ONE person who's gotten ill from passing by the OWS? And if crime happens within OWS arrest and prosecute the perps. Just because crime happens doesn't mean turn society into a police state.

[tama]

29. "All your base are belong to us"

The Illuminati Lizzards spoketh thus. And they select their "best" to name themselves as "made-offs" and "mother-fuckers" quite blatantly. Guess thick-skulled people need to learn the hard way why hierarchies suck. Doggie style with Pavlovian style. From something "Higher". Are we getting it? How the chimps do it, with their Alfa males gone bad? They treason, the males, and then sometimes the consensus of females gives a go. And then you ban the one percenter in question from tribe. My theory is that the bono-bonos diversed from that by process of pavlovian evolutionary path by repeating the banning from the tribe. Perhaps, metaphysically or something, hierarchies are not all that bad, but (a)dialecitcally they've gone over the top time beyond.

And with the last sentence, I cosfuseth thieven me.