Court Rules OWS Has No Right to Remain in Park
Here's the ruling of Judge Michael Stallman finding the Occupy Wall Street protesters have no First Amendment right to remain in Zuccotti Park and denying their request for a restraining order against law enforcement.
The case is Matter of Waller v City of New York, Index No. 11295712011. While the court said it assumes that the First Amendment applies to the owners of Zuccotti Park, the owner has the right to adopt reasonable rules to maintain a safe and clean publicly available space. It said the movant (protesters) had not demonstrated "the rules adopted by the owners of the property, concededly after the demonstrations began, are not reasonable time, place, and manner restrictions permitted under the First Amendment." [More...]
The Court is mindful of movants' First Amendment rights of freedom of speech and peaceable assembly. However, "[e]ven protected speech is not equally permissible in all places and at all times."
It also noted:
The owner of Zuccotti Park has represented that, after cleaning and restoration ofZuccotti Park, it will permitthe Occupy Wall Street demonstrators to reenter the Park and to resume using it, in conformity with law and with the owner's rules.
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