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Ear to the Ground

N.Y. Judge Sides With Mayor on No Camping Rule

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Posted on Nov 15, 2011
Flickr / TNLNYC (CC-BY-SA)

This sign shows the new rules of Zuccotti Park in Manhattan as of Tuesday afternoon.

Setting up camp doesn’t fall under First Amendment rights in New York City, according to Mayor Michael Bloomberg and also Justice Michael D. Stallman of the state Supreme Court, who ruled after Tuesday’s eviction that Occupy Wall Street protesters could return to Zuccotti Park, but not with their tents and not with the intent to resume camping there.  —KA

The New York Times:

Mr. Bloomberg said the city had planned to reopen the park on Tuesday morning after the protesters’ tents and tarps had been removed and the stone steps had been cleaned. He said the police had already let about 50 protesters back in when officials received word of a temporary restraining order sought by lawyers for the protesters. The police closed the park again while a judge heard arguments in State Supreme Court.

But late Tuesday afternoon, the judge ruled for the city, saying the protesters could go into Zuccotti Park but could not take their tents and sleeping bags. The judge, Justice Michael D. Stallman of State Supreme Court, said that the demonstrators “have not demonstrated that they have a First Amendment right to remain in Zuccotti Park, along with their tents, structures, generators and other installations” to the exclusion of the landlord or “others who might wish to use the space safely.”

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By heterochromatic, November 15, 2011 at 9:18 pm Link to this comment

it also doesn’t fall under First Amendment rights according to the wording of the
First Amendment

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By Ed, November 15, 2011 at 8:26 pm Link to this comment
(Unregistered commenter)

Apparently the “right of the people peaceably to assemble” will have to be decided by the U. S. Supreme Court.

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By objective observer, November 15, 2011 at 4:55 pm Link to this comment
(Unregistered commenter)

watcha gonna do now?  seems the powers that be and your “hero” bloomberg have turned against OWS.  time to fish or cut bait…

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