BREAKING NEWS – Judge Orders Protesters Be Allowed Back in Park With Their Belongings

[girl gone mad]

BREAKING NEWS – Judge Orders Protesters Be Allowed Back in Park With Their Belongings
http://nlgnyc.org

For Immediate Release: November 15, 2011

Contact:

Yetta Kurland – 917-701-9590
Daniel Alterman – 917-945-2599
Gideon Oliver – 646-263-3495
Margaret Kunstler – 917-331-8012

New York, NY: At around 6 AM on November 15, 2011, attorneys associated with the New York City Chapter of the National Lawyers Guild working as the Liberty Park Legal Working Group obtained a temporary restraining order against the City of New York, various City agencies, and Brookfield properties directing that occupiers be allowed back on the premises with their belongings.

Earlier, at approximately 1 AM, the NYPD began massing around Zuccotti Park “aka Liberty Park.” In the following hours reports surfaced that the NYPD entered the park with police in riot gear backed up by numerous police vehicles, including a bulldozer, evicting occupiers. In the process they destroyed property and arrested dozens of occupiers and protestors including NYC Councilmember Ydanis Rodriguez and District Leader Paul Newell.

In the coming hours, days and weeks the LPLWG will pursue all legal options to enable the occupiers to continue to exercise their first amendment rights to speech and assembly for speech. Attorney Yetta Kurland, one of the attorneys from the LPLWG, said, “This is a victory for everyone who believes in the First Amendment. We will continue to fight for everyone’s right to continue the occupation.” In response to the injunction, Daniel Alterman, also an attorney with the LPLWG, stated that, “This is a victory for all Americans, for the constitution and for the 99%.” Gideon Oliver, another attorney with the LPLWG reacted by saying, “The LPLWG has been fighting to ensure their right to free speech from day one of the occupation. The occupiers right to free speech is based in our most core legal principles and we will be here till the end to fight for those rights.”

http://nlgnyc.org/wp-content/uploads/2011/11/Order-re-Liberty-Park.pdf">The order is available for download here (pdf)

[RoccoR5955]

1. Now the lawsuits begin

The City should be sued for illegally taking people's belongings and trashing them.

[hlthe2b]

5. Is their property irretrievable?

I thought I heard they'd destroyed it all.....?

[laylah]

7. I was just wondering the same thing.

Freakin' jack booted thugs! I hope they have to replace EVERYTHING they illegally destroyed, lousy bastards!

[postulater]

12. Democracy Now just showed the stuff

going into garbage trucks. The worker said it was going to the dump.

[RoccoR5955]

23. There is no "dump" in NYC

It's a landfill, and it's on Staten Island, as far as I know. They may have closed the landfill since, but there is no dump

[Modern_Matthew]

41. Someone took a huge dump in NYC... the result was Bloomberg. nt

[slay]

45. rofl

funny and true -fuck bloomberg!

[defendandprotect]

74. Michael Moore on Olbermann tonight said... "Obama Justice Dept has been giving logistical and

tactical advice and support" --

and Homeland Security is involved --

This is beyond the 40 city Mayors/officials linked by phone to discuss plans!

Moore said it's obvious that all of the police have been using the same tactics --

And that Obama has to be asked WHY? he has done this -- !!




Meanwhile, there's another story out -- and I don't see it up at DU -- that 42 members

of Congress are calling for Eric Holder's resignation?

I'll look for it --

[KoKo]

49. The Sanitation Worker is caught on video saying ...to the dump.

it's at Democracy Now.

[cui bono]

53. What is the difference? n/t

[EFerrari]

39. Looks like a lot of it is. And the PD distributed a flyer that said

that property could be picked up today with proper identification.

[Devil_Fish]

70. I don't imagine a bull dozer and a lap top would be the best of friends.

Even if the owner got the lap top back.

[michreject]

17. Unfortunetly that won't get anywhere

It would be just like the guns illegally taken guns in NOLA. In order to get their guns back, they had to show a receipt of purchase and proof of ownership.

If someone says they lost a tent in NY, the city would just say prove you had one to lose and show a proof of purchase with receipt.

[RoccoR5955]

27. There's plenty of video evidence. n/t

[Lorien]

36. If it were a corporation's property that had been trashed

you can bet that someone would be forced to pay up.

[marmar]

2. !!!!

F**k Kommissar Bloomberg

[originalpckelly]

3. Bahahahahahahahahahahaha!

GO NYC!

[Adenoid_Hynkel]

4. what's left of their belongings

after Bloomberg and his goons trashed them.

[slay]

46. Exactly!

some of that shit was damaged beyond repair - I was watching - as were you I remember. that BS raid was totally out of line. :hug:

[ejpoeta]

6. the cops should have to put everything back the way they found it.

[laylah]

9. ...

:thumbsup:

[backscatter712]

8. Legally rape the NYPD of every penny they've got!!!

Make the damages so huge that they have to sell their tanks, guns, tasers, LRADs, and all their other military toys to stay afloat.

[tsuki]

24. The NYPD was paid 4.6 million to collaborate with the 1%. They have the cash.

[tcaudilllg]

52. It looks like New York needs an alternative police force.

Bloomberg has transformed the NYPD into a security apparatus for his regime.

[Fantastic Anarchist]

64. A citizen militia will probably be needed at some point.

I hope everything remains peaceful, but the powers of the state will not let that happen.

[no_hypocrisy]

10. OWS continues to be peaceful as redress was done in a court of law, not

in the streets.

[mod mom]

11. Take that Bloomberg, you asshole!

[snooper2]

13. This is private property right? Can somebody explain that to me?

Being in central park or public property would be one thing, but being private property...it's all different right?

[piratefish08]

14. private property that MUST be open to the public 24/7 per their agreement with NYC

[dipsydoodle]

22. That's a half truth

Uninterrupted access to the world at large means pedestrian access can't be obstructed period i.e you don't put anything on the ground.

[sabrina 1]

50. Has anyone been prevented from access to the Park?

And there is nothing in the agreement about putting things on the ground. This was already addressed the first time Bloomberg tried to evict them.

His girlfriend is on the board of that Park also.

There is also the fact that over 80% of NYers believe the people have a right to be there. So, whose side is Bloomberg on again?

Way past time to get that Wall Street candidate out of our political system.

This is the third court ruling in favor of the rights of the protesters, I hope all the occupiers get these restraining orders on the the police.

When there are local ordinances, when the public has access, or is in anyway paying for the property, the 1st Amendment trumps those ordinances, not that this would bother the usurpers who have taken over this country.

[blogslut]

15. About that

Zuccotti Park was built as the result of an agreement. The owners would be allowed to add additional floors to their office building in trade for construction of a park that would be required to be accessible to the public 24/7/365.

In short, Zuccotti is a privately-owned public park.

[snooper2]

20. thanks for that...

[DisgustipatedinCA]

26. No. Do some reading on the subject

[Name removed]

29. Deleted message

Message removed by moderator. Click here to review the message board rules.

[RoccoR5955]

28. Public parks in NYC close at 11 p.m.

I think. At any rate, they are not open 24/7 any more. They did this to avert such a situation

[Botany]

16. too late

[truedelphi]

58. As I type this from the safety of my Northern Calif home, the cops

Are going nuts on the folks at Occupy NYC.

Batons and pepper spray being used.

[xchrom]

18. Recommend

[barbtries]

19. "with their belongings"

is apparently going to be a test. good news nonetheless.

[Javaman]

21. So will the fucking cops reimburse the protesters for the stuff they destroyed?

I think we know the answer to that.

However, perhaps the protesters can file a lawsuit against the city of New York and the police dept for willful destruction of property.

That should tie those bastards up for while. :)

[slay]

47. Excellent question

but yes, I'm pretty sure they will not. I would sue for sure - and I hope the protesters do. Every one of them. Tie up the court for months if they have to!

[sl8]

25. Link to court order

ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER
https://www.documentcloud.org/documents/266582-order-re-liberty-park/

[FlyByNight]

30. Tough to get around the First Amendment, isn't it?

:thumbsup:

[socialindependocrat]

31. Vote out the people who don't support free speech!!!

Every elected official who has created problems for the OWS groups
have already shown their contempt - publicly.

Vote them out in the next election and show the rewards
for contempt against the people.

Remind the people in the next election who is bought by
wealthy and who doesn't support free speech!!

[slipslidingaway]

32. This stream is live from Zuccotti Park ...

http://www.ustream.tv/theother99

[Octafish]

33. Perhaps 99-percent of the judiciary is honest.

I know 5 justices who aren't.

Thank you for the heads-up, girl gone mad.

[flamingdem]

34. Do the Right Thing

Thanks National Lawyers Guild

[Uncle Joe]

35. Kicked and recommended.

Thanks for the thread, girl gone mad.

[Spazito]

37. Excellent news!

Kudos to the National Lawyers Guild for all the work they are doing on behalf of the occupies.

[FirstLight]

38. they may have won on PAPER

but watching the ustream...looks like the police are still being pricks...someone got arrested for waving a flag at them?

[quakerboy]

51. Whatever the court said

seems to have had no effect, they are not back in the park as far as I can tell.

[truedelphi]

59. Livestream is showing major commotion - violent cops are

Using batons and more pepper spray.

Tens of thousands of dollars worth of laptops and camera equipment etc being destroyed by the cops.

[Modern_Matthew]

40. Bloomberg should be thrown in prison for violating a court order...

As well as his gaggle of 100 pigs being used to block the park.

[FirstLight]

42. my guess is they are not giving it up until after the hearing?

which is total bullshit

and they aren't talking AT ALL

i love this kid, btw...he's a good reporter!

[nadinbrzezinski]

43. And now the defense of freedom to assemble begins.

[THobbes]

44. Bloomberg owes them $100,000

But thanks for showing even more Americans the need to get rid of the corruption in our government

[slay]

48. +1

indeed

[DeSwiss]

54. K&R

How in the world do you people expect us to run a
decent Police State if you're just gonna apply the
Constitution to every little "mistake" we make
and then go around exercising your stinkin' "rights"?
Don't you realize only we know what's best for ya?

Bunch of ungrateful rabble-trousers if you ask me!

[Jakes Progress]

55. Corporations get 1st amendment rights, not citizens.

[ohheckyeah]

56. Now CNN is saying Judge says NO PROTESTERS ALLOWED

IN NEW YORK CITY PARK.

[Fire Walk With Me]

57. TRO denied, "no tents".

USLaw_com USLaw.com
TRO denied. No tents.


https://twitter.com/#!/USLaw_com

[countryjake]

60. Nope, Judge Michael Stallman just handed down a final ruling...

Occupy Wall Street Protesters Can't Return to Park With Tents: Judge

http://www.nbcnewyork.com/news/local/Zuccotti-Park-OWS-Occupy-Wall-Street-Decision-Ruling-Raid-Court-Judge-133903868.html

"The ruling by Judge Michael D. Stallman came hours after a different judge had granted a temporary restraining order halting the city from its protest crackdown. The city, she wrote, could not enforce park rules that were published "after the occupation began," like a ban on tents and tarps.


About an hour before the hearing, hundreds of protesters marched back to the park demanding to be let back in. Some were waving the court order issued Tuesday morning."


"In court papers, the city argued that letting the park go back to the way it was, with people camping overnight in elaborate tents, would create "unsafe and unsanitary conditions" and "substantial threat to public safety."

Officials presented photos taken before the raid that they said showed fire hazards like wooden pallets, clothing and other combustible materials among extension cords, electrical wires and crowds of smokers. They also said that makeshift weapons like "cardboard tubes with metal pipes inside" had been observed among protesters' possessions, causing growing alarm among police.

There was also no clear egress if a fire were to break out, the city said."

[girl gone mad]

61. This is not a "final ruling".

The NY Supreme Court is a lower court. The highest court in New York State is the Court of Appeals.

[fascisthunter]

62. ooopsie

[Fantastic Anarchist]

63. Boom, goes the dynamite!

A hearty kick and rec!

[unionworks]

65. victory builds upon victory

It is obvious by now that wall st. bucksare behind the evictions. I salute these brave occupiers.

[demigoddess]

66. !!

!!!

[robinlynne]

67. without any tents, camping or food.

[rhett o rick]

68. Except they cant stay overnight. nm

[defendandprotect]

69. kr

[MrMickeysMom]

71. This would be a time for SwampRat to use his magic ...

GOONberg!

(come one... photoshop him, somebody!)

What a fucking roach.

[burrowowl]

72. Here is hoping it is

TRUE and works!

[Liberaltalker]

73. Hello DU. I'm a long time lurker... been a few years now.

I have an idea to help keep the OWS movement going after all those tents got messed up. Maybe some one could start a donation drive to buy those good people some yurts. Yurts are much stronger and wormer then tents, and they can fit more people in them too. I'm not rich but I would donate what I could for something like that. There are plenty of places to find yurts for sale, I found this site www.yurts.com. What do you guys think? Can something like this happen?

[spicegal]

75. It's mind boggling that corporations have been granted

personhood with all the rights of free speech money can buy, including the buying of elections, yet average folks can't peacefully assemble, their one avenue for getting their voices heard, and a constitutionally protected right.

[Major Hogwash]

76. Bloomberg is an idiot.

Even Letterman made fun of him last night on his program.