Judge's Restraining Order Reopens Zuccotti Park, Prevents NYPD From Intervening

Jen Chung

Published Nov 15, 2011

Modified Nov 15, 2011

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Photograph by NewYorkist on Twitter: "Zuccotti Park cleared, as seen from second floor of Burger King"

Jen Chung

Published Nov 15, 2011

Modified Nov 15, 2011

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After the NYPD and other city agencies forcefully cleared the Occupy Wall Street encampment at Zuccotti Park at 1 a.m.—with the NYPD arresting reporters and lawmakers—a judge issued a temporary restraining order against the City of New York, the NYPD, Brookfield Properties and other agencies allowing protesters back to the space with their belongings.

A press release from the National Lawyers Guild reads:

New York, NY: At around 6 AM on November 15, 2011, attorneys associated with the New York City Chapter of the National Lawyers Guild working as the Liberty Park Legal Working Group obtained a temporary restraining order against the City of New York, various City agencies, and Brookfield properties directing that occupiers be allowed back on the premises with their belongings.

Earlier, at approximately 1 AM, the NYPD began massing around Zuccotti Park “aka Liberty Park.” In the following hours reports surfaced that the NYPD entered the park with police in riot gear backed up by numerous police vehicles, including a bulldozer, evicting occupiers. In the process they destroyed property and arrested dozens of occupiers and protestors including NYC Councilmember Ydanis Rodriguez and District Leader Paul Newell.

In the coming hours, days and weeks the LPLWG will pursue all legal options to enable the occupiers to continue to exercise their first amendment rights to speech and assembly for speech. Attorney Yetta Kurland, one of the attorneys from the LPLWG, said, “This is a victory for everyone who believes in the First Amendment. We will continue to fight for everyone’s right to continue the occupation.” In response to the injunction, Daniel Alterman, also an attorney with the LPLWG, stated that, “This is a victory for all Americans, for the constitution and for the 99%.” Gideon Oliver, another attorney with the LPLWG reacted by saying, “The LPLWG has been fighting to ensure their right to free speech from day one of the occupation. The occupiers right to free speech is based in our most core legal principles and we will be here till the end to fight for those rights.”

You can read the order below; CityRoom reports, "The order by Justice Lucy Billings set a hearing date for Tuesday at 11:30 a.m. and said that until the matter was considered at that hearing, the city and Brookfield Properties, the owners of Zuccotti Park, would be prohibited from evicting protesters or "enforcing 'rules' published after the occupation began or otherwise preventing protesters from re-entering the park with tents and other property previously utilized.""

During his press conference, Mayor Bloomberg said that the city was set to reopen the park, but then an "injunction" (the restraining order?) came in, so the city needs to review it and will keep a police perimeter around the space. So this is causing a bit of confusion.

Order to Reopen Zuccotti Park

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brookfield properties

legal

occupy wall street

restraining order

Zuccotti Park