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Judge Rules Against Occupy Wall Street Protesters, No Tents Allowed
By
John Del Signore
Published Nov 15, 2011
Modified Nov 15, 2011
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Jake Dobkin/Gothamist
By
John Del Signore
Published Nov 15, 2011
Modified Nov 15, 2011
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[UPDATES BELOW] Manhattan Supreme Court Justice Michael Stallman has backed the Bloomberg administration and declined to uphold a temporary injunction that would have prohibited the NYPD from keeping protesters with tents and other belongings out of Zuccotti Park in Lower Manhattan. You can read the ruling below; keep your eye on the LiveStream and stay tuned for updates momentarily.
Judge's Zuccotti Park Ruling For NYC
It's unclear if the NYPD will now allow demonstrators back into the park without belongings. Gothamist's Christopher Robbins is down by the park and reports that there was a "numb silence here in Zuccotti after ruling." The NY Post's Steve Cuozzo, on the other hand, is feeling smug, tweeting, "As I pointed out, Zuccotti was no longer 'public' after OWS took it over."

(Jake Dobkin/Gothamist)
[Update 5:14 p.m.] As you can see, Brookfield Properties' new rules for Zuccotti Park have been posted on barricades around the park's perimeter. NYPD Commissioner Ray Kelly has told reporters that protesters "will not be allowed to lie down" and there are private security guards and police in place to enforce this. But a lawyer representing the protesters points out that the judge's ruling does not prohibit protesters from being in the park, nor does it say anything about sleeping bags. The National Lawyers Guild is calling on the NYPD to allow the demonstrators back in, but that has not yet happened.
Update 5:34 p.m.: Speaking to the protesters through bullhorns, the police are now telling the crowd that they're going to open the barriers to different points of the park simultaneously, and protesters will be required to file in one by one. No tents, no sleeping bags, no duffel bags, no backpacks, and no boxes will be permitted, "or you will be refused entry to the park." So basically, it's like going to see Radiohead at Roseland—but without Radiohead :( On the plus side, they didn't say NO DRUMS!!!
Update 5:51 p.m.: Fox News is trying to enter the park, and hundreds of protesters inside the park are angrily chanting in unison FOX NEWS LIES. For good measure, they're also chanting SHAME!
Update 6:01 p.m.: An NYPD officer tells says the two access points to Zuccotti Park that are currently open will most likely be permanent, for the time being at least. A half hour after reopening the park, there are still an estimated 1,200 people waiting to get in the park, and an estimated 800 inside. Robbins says the enforcement of the bag rule is somewhat arbitrary, and he sees people inside with messenger bags, scooters, and even—gasp—a protester lying down.
Update 6:11 p.m. At a press conference after the decision was released, an attorney representing Occupy Wall Street, Yetta Kurland, said, "I don't believe this is any coincidence that this happened 2 days before a major march is planned." (She was referring to the protesters avowed plan to shut down the New York Stock Exchange Thursday on the 2 month anniversary of the occupation.)
And Occupy Wall Street attorney Alan Levine explained that he argued for the First Amendment rights of protesters—he argued that with that right should come "the attendant right to be protected from the elements — unfortunately the judge disagreed."
Update 6:30 p.m.: It's dawning on the protesters that another new rule that will be implemented by the NYPD tonight is a 10 p.m. curfew at Zuccotti Park. Robbins asked an NYPD sergeant what they planned to do when 10 o'clock came, and he replied, "That's a good question." (A previous iteration of the sign listing the new rules had nothing about a 10 p.m. closing time.)
Right now there's considerable discussion among the protesters on whether to comply with the new curfew, but in the meantime the Occupy Wall Street kitchen crew just brought in 15 trays of pasta for the demonstrators' dinner. Stay tuned for more; we'll posting updates as this unfolds.
Update 6:36 p.m.: An NYPD officer in a white shirt tells the NYCLU "folk can stay all night, we will see what happens." Drums and other instruments, however, are not being permitted.
(Additional reporting by Christopher Robbins and James Thilman)
Tagged
nypd
occupy wall street
Zuccotti Park
John Del Signore
Originally from the Albany area, John Del Signore has called NYC home since 1995. In addition to his thousands of meticulously-crafted bespoke blog posts for Gothamist, his writing has also been published in The Awl, Deadspin, The Nervous Breakdown, and performed at The Brick Theater in Brooklyn.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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