Court ruling on Occupy Wall Street eviction imminent; Update: Cities coordinating on evictions? Update: OWS loses; Update: Court’s order added

posted at 4:15 pm on November 15, 2011 by Allahpundit

It could come at any moment so let’s get a thread up now. I’m excited for two reasons. One: If the court rules for OWS and they’re allowed back into the park to sleep, it’ll be fun to watch all the sympathetic spin this morning claiming that the movement won by being evicted instantly metamorphose into spin claiming that the movement won by being reinstated. Two: Finding out that the First Amendment now grants you the right to camp in parks — privately-owned parks, no less — opens up all sorts of thrilling possibilities. Just think, New Yorkers: By day’s end, you too might have the right to crap in the public place of your choice. I can’t wait to test out my new right at the first opportunity. I’ve always thought Bryant Park would be a nice place to cop a squat in.

Speaking of which, via Breitbart TV, here’s a vignette filmed last week in D.C. Seattle that I like to call “This is what democracy smells like.” Updates are coming, so stand by.

Update: Local businesses were predictably “delighted” by the eviction this morning, according to the Guardian. Even the Times felt obliged to report on pedestrians near the park giving the NYPD thumbs-up signals as they passed:

One young father, pushing his toddler son in a stroller, gave police officers guarding Zuccotti Park a thumbs up. Another man, rushing by in a cream suit, flashed them a mega-watt grin. The sight of the park, freshly cleared and washed, stopped a blonde woman walking by in her tracks. “Ooooooh, good,” she cooed.

The clearing of Zuccotti Park struck a deep blow to the Occupy Wall Street movement, which had used the site as its physical and spiritual heart. But as the newly ousted protesters gathered in Foley Square to decide what to do next, many residents, workers and business owners near the park felt deep relief. ” Super ecstatic,” said a young office worker. “Definitely relieved,” said a young woman working behind the counter at Panini & Co., a cafe overlooking the park…

Another man, who worked nearby and said he could not give his name because it was against his company’s rules, said it was time for the park to be cleared.

“It started out as a cool grassroots movement, he said, ” and then it turned into a big homeless camp.”

The city’s court filing claimed there were makeshift weapons inside the camp along with “people who have a known history of violent interaction with the police.”

Update: A fascinating catch by capitolilette:

Embattled Oakland Mayor Jean Quan, speaking in an interview with the BBC (excerpted on The Takeaway radio program–audio of Quan starts at the 5:30 mark), casually mentioned that she was on a conference call with leaders of 18 US cities shortly before a wave of raids broke up Occupy Wall Street encampments across the country. “I was recently on a conference call with 18 cities across the country who had the same situation.”…

Many witnesses to the wave of government crackdowns on numerous #occupy encampments have been wondering aloud if the rapid succession was more than a coincidence; Jean Quan’s casual remark seems to clearly imply that it was.

Might it also be more than a coincidence that this succession of police raids started after President Obama left the US for an extended tour of the Pacific Rim?

Gooooood question. If today’s news cycle has taught us nothing else, it’s that Team Hopenchange is very sensitive about timing. And it makes all the sense in the world for cities to coordinate their evictions given the pressure they’re under. Joint action spreads the political heat among them so that no single administration has to take too much.

Update: A commenter tells me the clip above comes from Seattle, not D.C. Duly noted and corrected.

Update: AP bulletin at 4:48 ET: The court rules for NYC against OWS. No more sleepovers. I don’t think the judge had a choice: What’s left of First Amendment “time, place, and manner” restrictions if protesters can live in a public park even when it becomes dangerous and a disease risk?

Stand by for reaction and the inevitable appeal. Does the crowd disperse, decamp for a public park, or opt for a little of the ol’ ultraviolence?

Update: Here’s the court’s order. The magic words: Time, place, and manner.

The parties dispute whether the First Amendment applies to the actions of the owner in enacting the rules. For purposes of this application, the Court assumes that the First Amendment applies to the owner of Zuccotti Park, thus obviating petitioners’ request for a hearing as to whether Zuccotti Park is traditional public forum, or a limited public forum. Assuming arguendo, that the owner’s maintenance of the space must not violate the First Amendment, the owner has the right to adopt reasonable rules that permit iUo maintain a clean, safe, publicly accessible space consonant with the responsibility it assumed to provide public access according to law.

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.” (Snyder v Phelps, 131 S Ct 1207, 1218 [2011], quoting Cornelius v NAACP Legal Defense
& Ed. Fund, Inc., 473 US 788, 799 [1985].) Here, 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.

To the extent that City law prohibits the erection of structures, the use of gas or other combustible materials, and the accumulation of garbage and human waste in public places, enforcement of the law and the owner’s rules appears reasonable to permit the owner to maintain its space in a hygienic, safe, and lawful condition, and to prevent it from being liable by the City or others for violations of law, or in tort It also permits public access by those who live and work in the area who are the intended beneficiaries of this zoning bonus.

The court could have ruled that the First Amendment doesn’t apply to Zuccotti Park because it’s privately owned, but it skipped that step and ruled more broadly that the new rules banning tents are permissible time, place, and manner restrictions in principle. In theory, that means even if OWS tries to move to a fully public park, the city could stop them from setting up a tent city. On to the appeal!

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So, do the cops just arrest them if they are sleeping? Lay down? Caught with a sleeping bag? Is their a curfew?

Blake on November 15, 2011 at 5:56 PM

The New York Police Department broke out a Long Range Acoustic Device device to help rid Zuccotti Park of protesters early Tuesday morning.

The hardware is used by the military and police to injure, incapacitate, and in some cases even kill an opponent.

LRAD sent us this email specifically outlining the capabilities of their device and its uses:

LRAD broadcasts follow the inverse square law, which teaches that for every doubling of the distance from the sound source, sound intensity diminishes by 6 decibels. Like all loudspeakers, LRAD’s audio output is measured in decibels at a distance of 1 meter in front of the device. Assuming that the largest LRAD system used at Zuccotti Park was activated at maximum volume, (which there has been no confirmation that LRAD was used) the sound pressure level (SPL) at 100 feet would’ve been about 110 decibels. According to The American Academy of Audiology, ambulance and fire engine sirens measure 130 decibels and fireworks and custom car stereos measure 140 decibels.

Hearing damage is a factor of exposure time, frequency and intensity of the sound/audio broadcast. OSHA allows noise exposure to 115 decibels for up to 15 minutes per day. While LRAD broadcast levels are purposely kept below the threshold that could cause permanent hearing damage from instantaneous exposure, when activated at close range, most people experience audible discomfort and quickly cover their ears and move away.

Business Insider.

Wethal on November 15, 2011 at 6:58 PM

whoa..occupy is threatening a federal judge.

i hear thats illegal right. At least it was when them Tea Partiers did it….oh wait.

ted c on November 15, 2011 at 6:59 PM

thanks for the link to that Occupy Oakland video wren.

ted c on November 15, 2011 at 6:46 PM

You are very welcome, ted c.

The more people who understand what is really happening in these Occupy encampments, the better!

wren on November 15, 2011 at 7:00 PM

wren, was that Danny Glover coming unhinged in that video? it sure looked that way.

ted c on November 15, 2011 at 7:01 PM

Did anyone think of taking down the names and addresses of these protestors to send them a bill for cleaning up their mess?

mixplix on November 15, 2011 at 7:04 PM

wren, was that Danny Glover coming unhinged in that video? it sure looked that way.

ted c on November 15, 2011 at 7:01 PM

Yes, that is Danny Glover. Danny Glover and Michael Moore have both been to Occupy Oakland to show their support.

wren on November 15, 2011 at 7:04 PM

Gracie Mansion.

Iblis on November 15, 2011 at 4:19 PM

I’m not sure anyone’s living at Gracie Mansion. Hisshoner has his own place on 5th Ave.

SukieTawdry on November 15, 2011 at 7:08 PM

wren, was that Danny Glover coming unhinged in that video? it sure looked that way.

ted c on November 15, 2011 at 7:01 PM

Looked like him to me……I’m pretty sure Glover became unhinged about 10 years ago…

BigWyo on November 15, 2011 at 7:13 PM

To ted c and BigWyo,

Here is some more video of Danny Glover speaking to the Occupy Oakland camp which confirms his identity in the video of Occupy Oakland that I posted earlier. You can see that Danny Glover is wearing the same shirt in both videos.

Danny Glover Speaks to Occupy Oakland, October 15, 2011
http://www.youtube.com/watch?v=50IXNRiIuWg

wren on November 15, 2011 at 7:26 PM

The more people who understand what is really happening in these Occupy encampments, the better!

wren on November 15, 2011 at 7:00 PM

OccupyPhilly’s response to the city’s order to clear out (there are renovations long ago scheduled for the city hall plaza, and tey are worried about hygiene and fire risks, anyway) was last night to smear poop on the subway concourse walls leading to city hall.

Wethal on November 15, 2011 at 7:26 PM

OccupyPhilly’s response to the city’s order to clear out (there are renovations long ago scheduled for the city hall plaza, and tey are worried about hygiene and fire risks, anyway) was last night to smear poop on the subway concourse walls leading to city hall.

Wethal on November 15, 2011 at 7:26 PM

Occupiers keep proving that they have the maturity level of a 2 year old toddler.

Your description reminds me of the many reasons I was so happy to move out of Philadelphia 20 years ago!

wren on November 15, 2011 at 7:32 PM

Occupy LA is now known as Occu-poo LA after reports that the porta potties are filled with…you know…up to the brim.

PattyJ on November 15, 2011 at 7:33 PM

http://www.livestream.com/occupynyc

These people are looking dumber and dumber.

Blake on November 15, 2011 at 7:35 PM

They can all go stay at Michael Moore’s mansion.

jediwebdude on November 15, 2011 at 7:36 PM

thx wren.

ted c on November 15, 2011 at 7:38 PM

The Occupy San Francisco camp is now officially a health hazard for DOGS.

Dogs better watch their backs at the Occupy SF camp.

Three pooches residing at the Justin Herman Plaza space have tested positive for the highly contagious and deadly parvovirus, putting all four-legged friends there at risk, according to San Francisco Animal Care and Control.

http://www.sfexaminer.com/local/2011/11/contagious-dog-illness-spreads-occupy-sf-camp

wren on November 15, 2011 at 7:40 PM

OccupyPhilly’s response to the city’s order to clear out (there are renovations long ago scheduled for the city hall plaza, and tey are worried about hygiene and fire risks, anyway) was last night to smear poop on the subway concourse walls leading to city hall.

Wethal on November 15, 2011 at 7:26 PM

Always loved the statue of Franklin pee’ing down on Market St.

katy the mean old lady on November 15, 2011 at 8:00 PM

Always loved the statue of Franklin pee’ing down on Market St.

katy the mean old lady on November 15, 2011 at 8:00 PM

William Penn, but yes, they do have to be careful of the angle at which he’s photographed, or he does look as if he’s holding something horizontally just below his waist. (I think it’s the Pennsylvania colonial charter, though.)

Wethal on November 15, 2011 at 8:20 PM

These people are still going at it chanting the same old b.s.

Blake on November 15, 2011 at 8:31 PM

Good grief, look at the Lefty congresscritters sympathizing with the ousted occupiers and the rhetoric that they are using to promote further class warfare.
http://thehill.com/homenews/house/193853-dems-criticize-eviction-of-occupy-wall-street-protesters

This organized chaos is not about free speech rights at all. Who are these buffoons kidding?

onlineanalyst on November 15, 2011 at 8:45 PM

Yeah, the Hollywood ones were issuing their lamentations via twitter. I should have asked them if they oppose all the actors who make tens of millions of dollars for a film.

Blake on November 15, 2011 at 9:03 PM

50 degrees and wet is not cold?

Blake on November 15, 2011 at 6:43 PM

Humidity always makes it feel colder than the actual temp, same when it’s warm- the heat index. Up in the mountains it get’s cold but not clammy, we call it – thin air :) When the humidity is high, and it’s cold, it’s bone chilling, you know the closer to sea level -the thick air.

It was a CNN reporter who made that statement about the Poop Dispenser’s determination. They will prevail, they will lay down on sod, the cold hard ground, if they must. She was pretty upset they got forcibly ejected from the park. Is she just talking out of her butt about the temps? She wouldn’t be the first to confuse which orifice she should be talking out of at CNN, GRIN.

Dr Evil on November 15, 2011 at 9:03 PM

Wethal on November 15, 2011 at 8:20 PM

Oops. I stand corrected. Been a while. I think every school kid knew about it.
Ever get into the Barnes Foundation museum? Thats’s a trip!

katy the mean old lady on November 15, 2011 at 9:16 PM

Oh! Zuccotti Park, before and after…

http://twitpic.com/7ehwt1

Serr8d on November 15, 2011 at 9:28 PM

I’m out here, following stuffs, but I just cannot stomach one more freaking livestream of these idjits !
LOL

pambi on November 15, 2011 at 9:41 PM

wren on November 15, 2011 at 7:40 PM
Good Lord !! Parvo ??!!
Lived thru that hell as a vet tech in the late 70s / 80s… Sheesh !!
God help them !!

pambi on November 15, 2011 at 9:56 PM

Hand that reassigned Leftist hack Judge Lucy a mop, a pooper scooper, and a sprayer full of urine neutralizer then suggest she meld with the products of her Liberal philosophy more directly.

You may want to hike your robe up a bit Lefty Judge Lucy… so it won’t end up smelling like your judicial temperament.

viking01 on November 15, 2011 at 10:13 PM

Looks like Berkeley is in trouble, after the Oakland crazies decamped to Sproul Plaza.

Man Shot After Brandishing Gun

PattyJ on November 15, 2011 at 10:25 PM

Will the 1960′s ever end?

PLEASE!!!

Khun Joe on November 16, 2011 at 4:02 AM

The court could have ruled that the First Amendment doesn’t apply to Zuccotti Park because it’s privately owned, but it skipped that step and ruled more broadly that the new rules banning tents are permissible time, place, and manner restrictions in principle.

Setting up the ultimate ruling that there is no such thing as private property, only public property privately maintained. Where do you think all these recent rulings about taking private property were leading? Yes, it’s only paranoia…until it happens.

Extrafishy on November 16, 2011 at 6:00 AM

The true believer Democrats love OWS and will be talking about it all through the next election, right up until the mention of the name turns into a joke. It’ll be “OWS this and OWS that” non-stop.

Democrats love OWS because they think it “raised conciousness” and the “movement will make change easier”. Every one of their pet causes, from higher taxation and government control of daily life to the ObamaCare case before the Supreme Court will, they believe, benefit from the street actions of OWS. Thats why they love it– it intimidates the majority of Americans (or is supposed to anyway) into cutting the Democrats some slack on all their failures, because “Look!– It could really get ugly if you don’t let us run roughshod over your liberties!”

Screw the bastards. Use high decibel equipment, sure, but criticize them. Much worse. Stigmatize them. Point out their criminal behavior. Play that video Allah put up yesterday of the fellow dropping a load in traffic on every news show in America. Email it to any aunts or grandparents nostalgic for the sixties, so they can see up close how beautiful the “movement” really is.

MTF on November 16, 2011 at 8:34 AM

The court could have ruled that the First Amendment doesn’t apply to Zuccotti Park because it’s privately owned, but it skipped that step and ruled more broadly that the new rules banning tents are permissible time, place, and manner restrictions in principle. In theory, that means even if OWS tries to move to a fully public park, the city could stop them from setting up a tent city.

So they got a sympathetic Judge, tried to hold this off; and ended up in a worse legal position than when they started?

You’re saying their efforts were counter-productive and ended up with the opposite result of what they wanted?

Good… they’re still batting 1.000 here on counter-productive measures.

Nothing they’ve done has had any impact on the 1%, everything they’ve done so far has hurt the 99%; and now their counter-productive idiocy even hurt the movement.

Lets keep it going guys; I’ve never seen a pack of screw-ups achieve this level of perfection in my life… it’s quite inspiring in a really really disappointing sort of way.

gekkobear on November 16, 2011 at 5:24 PM

If the appeal goes in their favor, does it mean Exxon can occupy ANWR with rigs?

PJ Emeritus on November 17, 2011 at 3:20 PM

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