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Tuesday, November 15, 2011

Smelly Anarchists Begone!

NYC has finally had enough of the Occupy Wall Street crowd in Zuccotti park.  A judge has denied a lawsuit for a restraining order against NYPD, on the grounds that

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 movants have not  demonst rated 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.

Presumably, now the NYPD will begin moving the squatters out of Zuccotti park, so that the damage can be repaired. 

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