OWS Loses Right To Tents. Evicted Protesters now Returning. Park will close at 10. Liveblog.

This is our liveblog for the day’s events. Press Refresh for updated information. 

Summary of the Day’s Events:

Last night at 1:30 AM, Mayor Bloomberg ordered the police to clear the square in a night raid. The city was served with a Temporary Restraining Order, but by design or incompetence, the city did not receive the order, saying in court that it was issued at 4:30 AM. Apparently, this is too early to obey the laws, but not too early to arbitrarily enforce them. At least 7 journalists were arrested during the night raid, many of them with official NYC press passes. One journalist informed an officer that she was a member of the press. The police responded “Not tonight.” New York City seems to believe that it can violate freedom of the press at will.

A tense court battle followed, and while protesters were ultimately allowed back in the square, they were not allowed to bring tents with them. We are broadcasting these events live at ustream.tv/theother99.

6:15 The park is closing officially at 10:00 PM. Stay with us for updates.

5:51 PM:

Protesters shouted down fox news, chanting “[Expletive] YOU FOX!”

There’s a triumphal celebration in Zuccotti, as protesters chant “WHOSE PARK?! OUR PARK!”

5:41 PM PT: Ultimately, no tents will be allowed in Zuccoti park, until this case is re-argued.

Honestly, the defense chose a stupid tactic. Yes, this IS about the first amendment. But you also need to point out that even if the amendment argument fails (and it did) any power to make rules about Zuccotti park were ceded to the city by a previous owner.

The law is, officially, that any rules for Zuccotti park have to be made by the department of city planning. That’s at least a 45 day process that includes hearings. Brookfield “owns” the property ceremoniously. Any rights to it were ceded to the city in exchange for a building permit. Great article at USLaw.com here: http://occupy.uslaw.com/…


Protesters are streaming is as the barriers are opened!

4:52 PM: Full Text of Decision: http://www.uslaw.com/USLowstrodecision.pdf

4:48 PM:

The court ruled against OWS. No tents will be allowed. Awaiting further information on the court decision.

4:17 PM PT: Mic Check announces that there’s no verdict yet. There’s no room though. We can confirm multiple arrests.

Many of the police are being incredibly professional. One Riot Officer fist-bumped another officer.

USLaw.com just tweeted

Being asked to make prediction. Most realistic optimistic outcome 4 Occupiers: Court mandates City/Bfld create reasonable rules for tent use

Most realistic optimistic outcome for OWS opponents: Brookfield sets rules as they see fit so long as 24 hour access maintained.

Still waiting on that verdict.

3:49 PM EST: The mass protest at Foley Square is marching to Zuccotti. There has been no ruling, but the marchers don’t know that.

There’s no room at Zuccotti.

This could get ugly.

3:40 PM EST: The judge has not yet issues a ruling. All reports that the ruling has been in favor of OWS are based on old reports.

3:32 PM EST: A journalist recorded his own arrest:

Untitled from The Local East Village on Vimeo

3:24 PM PT: Confirmed: NYPD Helicopters BLOCKED the airspace last night, preventing the CBS chopper from filming the eviction from above.

3:17 PM EST: Last Night, Rosie Gray tweeted ” Me: “I’m press!” Lady cop: “not tonight” ”

She writes for the Village Voice. The current tally of journalists arrested, including those with NYC Press Passes, is 7.

12:11 PM PT: Ydanis Rodriguez, city Councilman for Washington Heights, is still in custody.

We’re getting reports that when the NYPD attempted to use LRAD sound guns last night. According to occupiers, there was some kind of malfunction, and they hit their own people with the blast.

There are growing reports of arrests of journalists.

The New York Observer reports:

Paul Lomax was arrested at Duarte Square on Canal and Sixth Avenue later in the day as protesters were moving towards the area. Both Mr. Hedlund and Mr. Lomax were wearing NYPD-issued press credentials at the time of the arrest, according to a Mr. Ventura. Hedlund has already been released and received a Desk Appearance Ticket, he added.“He’s fine,” said Mr. Ventura. Mr. Lomax was still in custody.

“We’re still trying to figure that out,” said Mr. Ventura of the situation.

“Obviously we’re concerned,” said Mr. Ventura. “(Hedlund) was doing his job and was arrested for that and it was pretty clear that he was journalist and there was no ambiguity about that. He was there with his NYPD press credential around his neck.”

We’re still awaiting a court decision on whether occupiers will be allowed to return to the park.

2:50 PM EST: Apparently, no one told the NYPD that Cameras exist.

2:45 PM EST: We’re still getting updates on what happened last night. The Guardian writes about an interfaith attempt to occupy land owned by trinity church. It was broken up early this morning:

After police cleared out a privately owned fenced off area they put at least a dozen arrested activists – and a number of journalists – on a bus in handcuffs and drive them away. Then most protesters started to return to Zuccotti Park after bring told a court had ruled in their favour and against police action. Several hundred protesters are already there, circling the outside of the barricaded park under the watchful eye of hundreds of police. A few people remain at Duarte but the police have pulled back most of their officers.

2:42 PM EST: We’re getting conflicting reports. We don’t know if the arrested City Councilman, Rodriguez, has been released.

2:39 PM EST: The crowd continues to grow at Zuccotti, as we await the court’s decision at 3:00 eastern.

2:20 PM: An Iraq Veteran calls for the occupation of College Campuses:

Jumaayne Williams, City Councilman, says that “the mayor has acted as only a coward would.”

1:06 PM: The City argued that tents don’t symbolize speech.

Well, they’re covered with printed messages and a 24 hour occupation is in and of itself a message. In the context of this demonstration, tents are in fact speech.

1:03 PM: The judge will announce his decision on the restraining order at 3PM.

12:59 PM: City lawyer says that the ‘no camping’ rules were put in place after the occupation, “but have nothing to do with their cause.”

If anyone believes this, I have some cheap land to sell you in Florida.

12:58 PM: Court Case ongoing right now. In response to the failure to obey the court order, the city asked “Who would be in an office to receive a Temporary Restraining Order at 4:30 AM?”

The Occupiers’ lawyers ask “Why did Bloomberg evict the protesters at 1:30 AM?

We’ll keep updating you with highlights from the court case.

12:53 PM: I’m pretty sure that things will stay peaceful at Berkeley. The school doesn’t want to make that mistake twice. Still, we’ve got our eyes on the situation just in case.

Currently, there is a program of teach outs, public readings, and art installations at Sproul Plaza. At noon pacific time, there will be a mass gathering. We’ll keep you updated.

12:51 AM PT: Stephen Colbert on Berkeley “When they said “Berkeley is Crunchy” I didn’t know they meant the students’ ribcages, and spearing a small asian girl in the spleen first shows their commitment to diversity.”

12:35 PM: It’s a waiting game down at Zuccotti as police and protesters await the results of a court decision.

12:34 PM: Bloomberg is an idiot. Because they closed the park, the protesters are circling the park. Sidewalk traffic is almost completely stopped. There are just too many people, and many of them are just trying to walk by the park.

12:32 PM: Occupy Berkeley is holding a general strike now. AP has a good story:http://www.sfgate.com/…

12:32 PM: Protesters are chanting “OPEN THE PARK!”

There’s a huge crowd around Zucotti, and this isn’t going away.

11:41 AM PT: Subway stops were shut down early this morning, as was the brooklyn bridge. There were thousands of people prevented from organizing. Tons of part-time protesters were ready to go at a moments notice, and weren’t able to get down to the park because of closed subway stations.

The NYPD was ready. They still have officers at every subway station:

11:45 AM: Think Progress Tweets: None of the cable networks covering eviction of OWS, court order mandating their return and city ignoring the order.

11:27 AM PT: Photo of a man arrested for entering Zuccotti park with the American Flag:

11:27 AM: Jesse LaGreca on our Ustream: “These people need a reality check. These are OUR streets. We LIVE here. We are NOT going away.”

11:04 AM: A man with an american flag just jumped the fence and ran into Zuccotti park.

10:50 AM PT: Here’s the court order:

Zuccotti Park TRO


The NYPD is refusing to acknowledge a court order demanding that they allow protesters back into the park. Neither Brookfield or the NYPD is recognizing Court Authority, and they are ignoring the court order which has been served to the NYPD and Brookfield by the National Lawyers Guild.

This is Liberty Plaza.

Peaceful Americans occupying a public park in a legal expression of their first amendment rights were brutally assaulted by the City of New York last night. Among the victims taken away wounded and bleeding was Ydanis Rodriguez, a city councilman from Washington Heights.

The park was cleared. Protesters were given almost no notice, and while the city may say that people were given time to evacuate, that’s simply untrue. There was no time for the peaceful occupiers to pack up their things. There are individuals I know, bloggers, who had thousands of dollars worth of equipment they’d collected over the course of many years stored in tents, some of them under lock and key.

The park was completely empty. There were police officers in every subway station.

As I approached the park, I saw the usual police presence, but when I arrived, it was completely empty. There were a lot of large men with short haircuts and suits standing inside the park. I asked them who they were, and told them I was a journalist.

“Brookfield knows who we are.”

I asked a second man, who simply shook his head when asked if they were NYPD.

Another man I asked said “You know we’re not NYPD. That’s enough, isn’t it?”

I stood there, looking out at the emptiness. After the park was cleared, Brookfield had manufactured a safety issue, and removed everyone from the park about five minutes after it was re-opened by the NYPD. It was closed for maintenance.

Cold, blind fury is what I felt. There was a tug at my side. “Behind you!”

I turned, and there was Marsha Spencer, the park grandmother who’s been knitting scarves and gloves for everyone in the park. I hugged her tightly, and she hugged me back. That was exactly what I needed. The blind rage disappeared, and I’m able to focus on the matter at hand.

I want to connect two dots that have been bouncing around in my mind.

1. Occupy Wall Street Announces that they intend to have a mass day of action on November 17th, the 2 month anniversary of the occupation.

2. Bloomberg immediately clears the park.

There’s already legal action. When I left Zuccotti to write this, Brookfield has been served a restraining order, which demands that they reopen the park to the public. Not only have they overstepped their bounds, but they came for the peaceful occupiers like thieves in the night.

They don’t know who they’re attacking. We’re the 99%. We’re being led by my generation, the internet generation.

Yes, we’re easy to make fun of. But we’ve already brought down Tony Baloney even if he doesn’t know it yet. Lawsuits are going to ruin him. The same thing might eventually be true with Brookfeild Properties if they send in the goon squad again. Anonymous has released the name and home address of Bergstresser, the man assumed to have put Scott Olsen in the hospital. This will keep happening.

This isn’t the height of our power. Most of us are still just kids, and we’re flexing our muscles, muscles we didn’t know we had.

They’re waking a sleeping giant. That smartphone isn’t a toy. It’s the most powerful communication device in human history. It can broadcast live video. It can instantly communicate with millions.

When we chant the whole world is watching, the whole world actually is.

They don’t know what’s coming.

But we do.

It’s the dawn.

Dawn at Foley Square where Occupiers are Regrouping.

The other 99 needs your support. In the two months since the occupation of Zuccotti park began, we’ve been a primary source for information from the front lines of the occupation. We’re doing this full time. Will you contribute and help us stay online?


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