Tuesday, November 15, 2011
As we previously posted, the early morning police eviction of protesters from NYC's Zuccotti park by police officers was quickly followed by a Temporary Restraining Order prohibiting the city from evicting protesters from the park and enforcing rules prohibiting tents and other property.
The hearing on that order, before Judge Michael Stallman, resulted in a new order denying the motion for a more longstanding temporary restraining order.
In Matter of Waller v City of New York, the judge assumed that the First Amendment applied. However, he held that the "movants have not demonstrated that 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." Judge Stallman wrote:
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, or to 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.