New York court upholds eviction of Occupy protesters
A New York Supreme Court ruled Tuesday that Occupy protesters will be allowed to return to Zuccotti Park, but they can’t bring their tents and generators — once a mainstay of the movement.
The Lower Manhattan property has been a home for the loosely defined group for nearly two months, spawning similar demonstrations in cities nationwide and around the world.
Police in riot gear cleared out them out early Tuesday morning, a move that attorneys for the demonstrators say was unlawful.
But Justice Michael Stallman ruled in favor of city officials and Brookfield Properties, the park’s owner and developer, who have each raised health and sanitation concerns.
The order does not prevent Zuccotti park demonstrations, but says protesters’ First Amendment rights not do include remaining there “along with their tents, structures, generators, and other installations to the exclusion of the owner’s reasonable rights and duties to maintain” the area.
Stallman said protesters’ rights cannot come at the exclusion of those “who might wish to use the space safely.”
Demonstrators cried foul.
“It’s hard to expect much else,” said protester Amos Fisher. “The rules are slanted in favor of money.”
New York mayor Michael Bloomberg, meanwhile, said the “court’s ruling vindicates our position that First Amendment rights do not include the right to endanger the public or infringe on the rights of others by taking over a public space with tents and tarps.”
Earlier Tuesday, at least two people were seen jumping over a metal barricade before they were forcibly removed by authorities.
Video of the park showed security officers picking up one protester and tossing the individual over the fence.
“The mayor, the police have been itching to do this for weeks,” said Bill Dobbs, a spokesman for the loosely defined group. “We’re here to raise an outcry about economic conditions and not get into confrontations with police.”