OccupyRochester *update*

[Earth_First]

As of today, OccupyRochester still does NOT have a permanent presence in Washington Square Park, nor have the charges against the 32 who were arrested early Saturday morning been dropped.

Rochester is STILL the ONLY city in New York which has not been supported by local government by supporting a permanent Occupy space.

We have taken a stance during the overnights to simply walk the perimeter of Washington Square Parks' public sidewalks maintaining movement to indicate a message that we are not leaving.

This morning at 9 a.m. Rochester City Police Chief James Sheppard met with us at Washington Square Park to deliver an official statement from Mayor Tom Richards' office that a delegation from OccupyRochester meet with the Mayors office to discuss our further action at WSP.

At our general assembly this evening, we have decided that we are going to REFUSE the invitation to send 6 representatives from OccupyRochester to the Mayors office tomorrow morning to meet behind CLOSED DOORS.x

This is an organization that operates in complete transparency, and we demand that the government operates in the same manner and meets us in public, at WSP to hear our delegation there.

So far, we have had steady support throughout the day; 15-30 folks in the park, and 50-75 and as many as 100 joining us after work.

During the night, our numbers dwindle to as few as 6 to maintain the vigil throughout the cold, cold night.

Our resolve is strong, and our message is clear: We ARE the 99%

In closing, I wanted to personally thank the members of Democratic Underground, the Rochester AFL-CIO, Metro Justice, The Rochester Band of Rebels, Carlos Miller from Photography Is Not A Crime, #OccupyWallStreet, Oakland, Denver, Buffalo, Atlanta, Syracuse, Albany, and occupiers from around the world who called City of Rochester officials to demand that the charges against the 'Rochester 32' are dropped immediately. We feel that based on the Mayors defiance to hear our grievances prior to today, that this outside pressure and support was integral to the Mayors office opening up the channels of dialog between the City of Rochester and OccupyRochester. Thank you!

[Fire Walk With Me]

1. ...

:applause:

[mdmc]

2. r

newburgh in the house

[PETRUS]

3. Thanks for the update. nt

[hootinholler]

4. Small progress

I like the refusal to meet behind closed doors. Sends an appropriate message.

[Earth_First]

5. KO mentioned the arrests tonight on Countdown...

Thank you, KO!

[Earth_First]

6. We were just removed from the park again tonight...

6 cars, 1 van, 1 transport vehicle and 13 cops.

Last night they arrested our signs as 'abandoned property'

[EFerrari]

7. Sounds good. I don't like the idea of this jackass summoning you

as if you are his staff.

Transparency is probably something he isn't familiar with. Go get 'em. :)

[Fire Walk With Me]

8. #Occupy is true democracy. Every voice is equal. The mayor will have to wait his turn to speak.

[sabrina 1]

9. What are the charges against those they arrested?

And do you have legal advice? In at 2 least cities now the protesters have prevailed regarding the arrests based on their being a curfew. Nashville and Cleveland. The Cleveland ruling I believe, said the court would not address the local ordinance, which must be observed. They would only address the 1st Amendment issues of the protesters. In that case, the Federal Law, iow, the Constitution was the issue, and there is nothing in that law that allows local authorities to deny people engaged in protests, their Constitutional rights. I don't know if this is a permanent ruling. Iow, Fed Law trumps local and state laws.

Maybe Rochester should get in touch with OccupyCleveland and ask them for advice on how to take this to court.

[Earth_First]

10. We were charged with municipal parks violations

Tresspass and Within a Park After Dark.

Both violations.

We have legal counsel on the ground here, yes. We're hoping that tomorrow's meeting will end with dismissal of the charges.

However, if not, we fully plan to attempt to bring a class-action civil rights lawsuit against the City of Rochester following the trial dates of the 32 involved.

on edit: I also believe, correct me if I'm wrong, that the Nashville and Cleveland cases both deal with State capital plazas, whereas our particular instance is in a city park...

[EFerrari]

12. I wonder if occupying federal property would be less or more

of a hassle.

[Earth_First]

13. I'm not sure, I'll ask our lawyer tomorrow. n/t

[EFerrari]

15. I don't think the Mayor could evict you from Federal property.

So that might be a way to rid yourself of that officious chief of police. He wouldn't have jurisdiction.

[sabrina 1]

14. Thank you and I hope they do drop the charges.

As far as the State Capital V City park, I don't know the answer to that, but would it matter? The ruling in the Cleveland case didn't say the local laws were wrong, just that citizens engaged in exercising their 1st Amend rights trumps any local, and I imagine State laws, so the venue wouldn't make a difference would it, Park or elsewhere?

1st Amendment issues are very rarely ruled against in US courts. Few judges have ever done so even in cases like the Burning of the Koran eg, when argued as a possible incitement to violence. I remember looking this up when the whole Mosque issue was going on and found that only in very rare cases has there been a ruling against 1st Amendment claims in the SC. Lower courts may do so, but they are usually over-ruled if they do. Which probably explains the Cleveland and Nashville rulings.

I will go read the Cleveland case again, I was going to post it in an OP anyhow. But your lawyers will probably know what to do anyhow, and I hope you win every battle, as you are right and it is a shame to see the reaction of so many of our so-called representatives.

You are all wonderful. I wish we could help you more. I will call the Mayor et al tomorrow to let them know even in California we are watching, it may not help, but it can't hurt.

Do you all need anything like warm clothes, pizza, coffee that we could order to be delivered to those who are there all night? If so, I would be happy to donate something as it is the only way I can think of to help right now :-)

[lonestarnot]

11. No. THANK YOU!

:hug:

[Enthusiast]

16. Thank you, OccupyRochester!

We love you guys.