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Bryan Preston

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November 15, 2011 - 1:55 pm

New York Supreme Court Justice Michael Stallman ruled this afternoon that the occupy campers will not be allowed to return to the Zuccotti Park. The city argued that the camp in the privately owned park posed threats to public safety and sanitary conditions. NYPD evicted the campers at 1 am this morning, but a city judge issued a restraining order hours later allowing the protesters to return.

More as the story develops.

Update: The WSJ reports:

A judge ruled against Occupy Wall Street protesters, upholding a move by New York City and the landlord of the privately owned plaza to clear tents and sleeping bags from Zuccotti Park and prevent protesters from bringing equipment back in.

Hours after police cleared the last protester from their encampment Tuesday, lawyers for the city and Brookfield Office Properties faced off with Occupy Wall Street representatives inside a courtroom.

Supreme Court Justice Michael Stallman weighed whether to extend a temporary restraining order that bars the city from enforcing park rules against tents, sleeping bags and other camping equipment. The original ruling came after police and sanitation workers had already swept all personal belongings from the two-month-old encampment, with more than 200 people arrested in the raid.

Update: Thanks to Dan Miller, here’s a link to Justice Stallman’s decision. Here’s the conclusion.

To the extent that City law prohibits the erection of structures, the use of gas or other combustible materials, and the accumulation of garbage and human waste in public places, enforcement of the law and the owner’s rules appears reasonable to permit the owner to maintain its space in a hygienic, safe, and lawful condition, and to prevent it from being liable by the City or others for violations of law, or in tort It also permits public access by those who live and work in the area who are the intended beneficiaries of this zoning bonus.

The movants 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 owner’s reasonable rights and duties to maintain Zuccotti Park, orto the rights to public access of others who might wish to use the space safely. Neither have the applicants shown a right to a temporary restraining order that would restrict the City’s enforcement of law so as to promote public health and safety.

The petitioner’s application for a temporary restraining order is denied.

Update: Here’s a live video stream from the park. Police haven’t allowed anyone back into the park but will remove the barricades at some point. The order specifically prohibits tents, tarps and similar supplies that can be used in overnight stays.

City mayors have obviously, and wisely, coordinated the occupy camp crackdowns. Word is that the Houston campers are being evicted this afternoon.

Update: Campers have been allowed back into Zuccotti Park. You can see it on the video stream linked above. They can’t camp there with tents and tarps anymore but they’re being triumphal about being allowed back in.

Update: According to a tweet that shot by in the occupy stream, NYC Mayor Bloomberg said that no more overnight stays will be allowed at Zuccotti Park. If that’s true, then the police will have a mess on their hands in a few hours, as there are already a few thousand people inside the park.

Update: The city will apparently enforce the 10 pm curfew in Zuccotti Park, and according to the man on the video stream, police have buses waiting to move the protesters…somewhere. At least, the buses are in the park rumor mill.

You know what I’d like to see? Someone fund a project to drop about 100 of the LiveU units they’re using to stream out of the park, into North Korea. That might accomplish quite a bit.

Update: NYPD just announced the new rules to the campers. No tents, tarps or sleeping bags, no laying on the ground, and no sleeping in the park. Backpacks apparently are also contraband now. The curfew is now about 3.5 hours away.

Update: There’s talk now of trying to get around the gear ban with Jak-Paks, jackets that have tents and sleeping bags built into them. The no laying down, no sleeping rule would seem to trump that idea.

Update: Now they’ve gone full hippie, singing some 60′s crap. LOL.

Update: Just when I got bored watching the hipster doofus with the live stream, he starts flirting with some hippie chick. I’m guessing one of the networks or HuffPo ends up hiring this dude when it’s all over. Right place, right time.

Bryan Preston has been a leading conservative blogger and opinionator since founding his first blog in 2001. Bryan is a military veteran, worked for NASA, was a founding blogger and producer at Hot Air, was producer of the Laura Ingraham Show and, most recently before joining PJM, was Communications Director of the Republican Party of Texas.
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