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

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