Legal tips for those joining Occupy Wall Street

[KurtNYC]

Provided that you do not block building entrances or more than half of a sidewalk, it is legal
to have a moving picket line and hand out literature. You are also legally allowed to use whistles, drums, and any other non-amplified generators of sound. Unless a permit is obtained, it is unlawful to march in the streets, have a procession with 50 or more automobiles or bicycles, gather with more than 20 people in a public park, or use amplified sound. Public parks close at 10 PM. A permit is not being requested for the occupation. According to the New York Civil Liberties Union, amplified sound is prohibited “within 500 feet of a school, courthouse or church during hours of school court or worship, or within 500 feet of a hospital… between 10 p.m. and 9 a.m. in nonresidential areas.”

It is illegal for more than two people to wear masks, including bandanas, during a demonstration. The New York City Police Department will take away any signs that use wooden sticks, metal, or PVC pipes, as well as any signs that are affixed to public property. Hanging a banner from a bridge can lead to being charged with reckless endangerment.

You are allowed to sleep on the sidewalk as part of a political protest without a permit (Met Council v. NYPD, 2000); however, you must keep half of the sidewalk clear for pedestrians. It is unlawful for structures such as tents to be erected.
If You Come into Contact with the Police During the action, if police prevent you from leaving, ask if you are free to go. If they ask to search you or your bag...

more at: http://nycga.cc/resources/legal-fact-sheet/

[midnight]

1. Interesting laws and regulations... Thanks for posting...

Do you know why this occupation in the park does not have a permit?

[polichick]

2. Thanks - good to know!

[steve2470]

3. k&r nt

[pinboy3niner]

4. K&R

[unkachuck]

5. "...the right of the people peaceably to assemble..."

....strange, the First Amendment doesn't mention all these do's and don'ts....

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

[nineteen50]

6. Bu it is not illegal to buy a senator's vote

[ellisonz]

7. What to do if you or someone near you is arrested:

From the National Lawyer's Guild Legal Observor Manual - yes the guys in the green hats:

If People Are Arrested

At the site of arrest you should ask the police where arrested people are being taken. If
directed to do so by the Legal Observer Coordinator or local Law Collective, go to the
appropriate precinct and talk to the desk Sergeant, ask about charges and when protestors
will be released, advocating for their earliest release.

Legal Observers witnessing arrests should get the arrestee’s name and as many names
and phone numbers as fast as possible from surrounding witnesses. Deal with addresses
and statements at a later time if need be. Encourage the arrestee and friends to shout out
the arrestee’s name or affinity alias if the group has decided to practice legal solidarity.

This is very important as law enforcement has sometimes denied access to arrested
activists if we cannot provide a name.

Ask to talk to the arrested protestors in the van and/or at the police station and tell them
not to say anything except “I want to talk to a lawyer,” and explain that the team lawyers
can answer detailed questions later. Make sure the legal team, or attorneys on call, or
legal aid, or someone, knows about the arrests. (p. 6-7)

http://www.nlg.org/resources/legal-observing

[starroute]

8. That "gather with more than 20 people" part seems weird

When I was growing up in New York, they would take the elementary school classes to Central Park on nice days. Or the photography club might head out to photograph stuff. In junior high, the biology classes went to the park to draw leaves. My Girl Scout troop took regular field trips to both Central Park and Riverside Drive. And I'm quite sure none of those things required permits.

Heck, people just plain get together with largish groups of friends to picnic or throw frisbees around all the time.

So how are those not gatherings?

It sounds like this is one of those laws that is only enforced selectively when the cops want to stop somebody from doing something.

Or am I missing something?