Boston #Occupy Gets The Boot
while Occupy Boston protesters may be exercising their expressive
rights during their protest, they have no privilege under the First
Amendment to seize and hold the land on which they sit.” - Judge Frances
By Dell Hill
Another day, another court decision against the #Occupy protest movement. This time it’s in Boston and the Boston Herald has our report.
Boston #Occutards Square Off With Boston PD
“Hours after a judge lifted an injunction, Mayor Thomas M. Menino called on the defiant Occupy Boston protesters to strike their tents and stop camping at Dewey Square.
conditions at Dewey Square have deteriorated significantly and pose
very real health and safety risks. The city strongly encourages the
Occupy movement to abide by the Rose Kennedy Greenway regulations and
remove their tents and refrain from camping in that area,” Menino said
applaud the judge for clearly recognizing the City’s authority to
protect all of our residents, including those currently at Dewey Square.
Our first priority has always been and will always be to ensure the
public’s health and safety,” Menino added.
ruling gives the mayor the authority to remove the occupiers from their
downtown tent city, but Menino spokeswoman Dot Joyce said there are no
immediate plans to do so.
is a strong police presence at the Occupy encampment with 15 uniformed
police on the outskirts of the rambling tent city and five Transit
Police SUVs parked nearby outside South Station.
city is pleased with this decision, which gives the city clarity on
this issue and the ability to maintain the safety and well-being of all
of our residents,” Joyce said. “This ruling gives us the ability to
take action if and when the time comes to do that.”
learned by email this afternoon that Suffolk Superior Court Judge
Frances A. McIntyre lifted the temporary restraining order that has
blocked city officials from forcibly dismantling the Dewey Square
encampment. That order was “vacated” as of 3 p.m.
judge ... has ruled against our case and has lifted the temporary
restraining order,” an occupier named Eric told group members in the
email. “Ben (one of the group’s lawyers) asked me to disseminate this
info widely. I haven’t seen the ruling and don’t know the reasoning of
Occupier Dave Lehnert told the Herald: “Oh my, I’m stunned, absolutely stunned.”
Ryan Cahill, who has been in Washington, D.C., for the past several
days, said, “Yikes, that’s exciting. I thought we had more time.”
Cahill said he plans to return to Boston as soon as possible, to figure out the group’s next moves.
judge ruled today: “... while Occupy Boston protesters may be
exercising their expressive rights during their protest, they have no
privilege under the First Amendment to seize and hold the land on which
judge goes on to say: “ ‘Occupation’ speaks of boldness, outrage, and a
willingness to take personal risk but it does not carry the plaintiffs’
professed message. Essentially, it is viewed as a hostile act, an
assertion of possession against the rights of another. The act of
occupation, this court has determined as a matter of law, is not speech.
Nor is it immune from criminal prosecution for trespass or other
her 25-page decision, McIntyre went on to say: “... the setting up of
the tents, sleeping, and governance on Dewey Square is expressive
conduct and symbolic. Nevertheless, it is subject to City and Park
regulations and restrictions.
“Their lawyer has argued that ‘the occupation is the message.’
begs the question: can a group take over and occupy public property in
the name of the First Amendment? No controlling opinion has been
offered that has considered the seizure of a public forum as a First
Amendment exercise. The court grasps the nettle and states that
occupation, defined as taking possession by settlement or seizure, is
not a symbol or expressive conduct that is constitutionally protected.”
Read the entire report by clicking right here.