Tuesday, November 15, 2011

Judge denies #OccupyWallStreet protestors' motion for temporary restraining order #OWS

Judge Stallman denied the protestors' application for a temporary restraining order.

The Judge seemed to have applied a 'reasonableness' standard in ruling that:
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. (italics supplied)

November 15, 2011, decision of Judge Stallman

5 comments:

  1. What's your take? I thought it was disappointing but I understand it. You know law. Was the removal of the originally assigned judge grounds for an appeal? Or would an appeal even matter when the issue is so time-sensitive? I don't know law too well but I'm always trying to learn. Also since this is a private park made public by an agreement in exchange for zoning exception does that enter into it? I'm @mikedelicmon twitter btw. Like your taste in music.

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  2. My understanding is that Judge Billings recused herself, and that Judge Stallman was selected randomly. So no that would not be grounds for appeal.

    I do think the ruling is subject to appellate attack on the ground that Judge Stallman did not apply a sufficiently rigorous First Amendment test, and did not apply even the reasonableness test properly.

    In my opinion the status of the park is that it is for all intents and purposes, for purposes of measuring the public's rights, a public park. Period. The owners were given exemptions worth many millions of dollars in exchange for their giving the rights to the public; they can't weasel out of that now.

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  3. BTW... thank you for your kind words. I couldn't find you on twitter, did you misspell the twitter handle?

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  4. Oh I found you. You're mikedelic not mikedelicmon

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  5. Yeah that was a typo I'm on a touchscreen and not a real keyboard. I thouht she might have recused. And that the park was legally public. Thanks for answering. See you on twitter. Cheers.

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