Restraining Order Denied: Protesters Allowed back in Park – Within Limits

At approximately 4:15 this afternoon, Justice Stallman denied Liberty Park Legal Working Group’s request for a TRO (temporary restraining order) on behalf of Occupy Wall Street and upheld the eviction of Occupy Wall Street from Liberty Park.

According to Justice Stallman,

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.

The NLG-NYC strongly disagrees with the opinion’s conclusion and believes that Justice Stallman adopted an inappropriately restricted view of the First Amendment. The case continues with a court appearance, after submission of more substantive papers, on December 1, 2011.

Read the decision here.

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