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NYPD Divides Federal Hall Steps, Barricading Occupy Wall Street To One Side
By
Christopher Robbins
Published Apr 18, 2012
Modified Apr 18, 2012
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By
Christopher Robbins
Published Apr 18, 2012
Modified Apr 18, 2012
Share
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Since Occupy Wall Street protesters were removed from their sidewalk sleeping space across the street from the NYSE, they have relocated themselves to the steps of Federal Hall several feet away. The situation has devolved into a strained tug-of-war between the demonstrators and the NYPD and the U.S. Parks Police, with each side at odds over the right to protest, the residents nearby, and Federal Hall, which sits on federal property. According to a Parks Police officer standing in front of Federal Hall, the barricades now bisecting the steps belong to the NYPD and were placed there with the permission of the Parks Police.
"They said this is the 'protest side' and that is the 'non-protest side,' " demonstrator Jo Robin said. "What is it about what we're saying that puts us in this box?"
A permit is required to hold events and demonstrations with more than 25 people. The Park Service offered the protesters one on Monday night, and even offered to waive the fee. But the demonstrators refused, and some expressed a desire to force the federal government to choose whether or not to remove them.
"There's no question that the Park Service can waive any permitting process that they think applies, and I don't think the NYPD would have a say in that," NYCLU associate legal director Chris Dunn tells us. "But clearly those steps aren't an NYPD-free enforcement zone. If they see anyone violate the law they can arrest them."
(Anna Hiatt / Gothamist)
Dunn says people routinely stand or sit on the steps at all hours of the day without any issue, but that is generally not considered an "event," which requires a permit. On Monday, protesters were told they could not "sleep" or "camp" on the stairs, and Robin says she was told last night that if she fell asleep, Parks Police would "remove, but not arrest me."
A dispatcher for the U.S. Parks Police office based in New York told us that their office has yet to issue a statement regarding the barricades, and that his superior was downtown monitoring the situation. As of this writing, there are around a half-dozen U.S. Park Police officers and a dozen NYPD officers monitoring Federal Hall.
Regarding the arrests of some protesters for unreasonable noise, Dunn says this is consistent with city law. "I don't know of any 10:00 p.m. cutoff, and city sound ordinances limit times when permits can be, and these protesters don't seem to have a permit. The NYPD make a judgement call about whether or not the noise is unreasonable, and they have a lot of discretion, which can be a problem in some instances."
Also unclear is the NYPD's justification for forcing protesters off the sidewalk in the first place, given a federal court ruling in 2000 that allows sleeping on half of the sidewalk as a form of political speech. According to the Times' Colin Moynihan, police told two protesters who tried to sit down on the sidewalk on Broad Street that it was a "high security area," and that they couldn't be there. Shortly after, they were arrested.
Additional reporting by Anna Hiatt
Tagged
civil liberties
federalism
nypd
occupy wall street
us park police
wall street
Christopher Robbins
Christopher Robbins is a New York City reporter covering transportation, affordable housing, local politics, and criminal justice. His work has also appeared in New York Magazine, The Village Voice and The New York Times. Chris is a graduate of Patrick Henry High School in Roanoke, Virginia, and enjoys biking to Fort Tilden in the summertime.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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