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

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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