Lawyer Says Zuccotti Park Demonstrators Broke No Law - New York Times (blog)

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Robert Stolarik for The New York TimesPolice officers in Zuccotti Park, on Nov. 15, 2011 where they removed tents and arrested Occupy Wall Street protesters.

When hundreds of police officers entered Zuccotti Park early on Nov. 15, they dismantled tents and other structures that had been erected by Occupy Wall Street protesters in defiance of rules established in September by the park’s owner, Brookfield Properties.

The police also arrested dozens of protesters who refused to leave the park, charging them with offenses that included trespassing and disorderly conduct, as officers set up metal barricades around the park’s perimeter.

On Friday, a defense lawyer argued in Criminal Court in Manhattan that such charges filed against two of his clients should be dismissed.

While it might be appropriate for Brookfield to establish rules governing behavior in the park, the lawyer said, the company could not order people out of the park, because an agreement with the city required it to be open to the public 24 hours a day.

“Brookfield lacked the authority to exclude people,” the lawyer, Jethro M. Eisenstein, argued in support of a motion to dismiss the charges, contending that it was “unseemly and unjust to allow Brookfield to harness the power of the state” to clear the park of protesters.

But an assistant district attorney told Judge Matthew A. Sciarrino Jr. that the company was within its rights to revoke permission for protesters to be in the park while the police and sanitation workers removed banned structures.

“They have to have the ability to enforce rules,” the prosecutor, Ryan Hayward, said. “They did deem it necessary to close that park.”

Judge Sciarrino asked both sides to clarify certain points. He asked Mr. Eisenstein if he thought the rules allowed people to use Zuccotti Park for any purpose. Later, he told Mr. Hayward that experience had taught him that sometimes, “the law is not simply what the city says it is.”

At the heart of the arguments is the issue of what authority and responsibilities Brookfield has in managing Zuccotti Park, a half-acre granite expanse in the financial district that the Occupy protesters turned into a headquarters in mid-September. The park was created under an agreement that allowed developers of a skyscraper across Liberty Street to build 500,000 extra square feet of office space.

In return, the developers created a public space that would be open 24 hours a day, 7 days a week.

According to papers filed by Mr. Eisenstein and the New York Civil Liberties Union, Brookfield can limit public access to the park only after going through a process that involves gaining the approval of the City Planning Commission.

The district attorney’s office, along with the city’s Law Department, disagreed, writing that “Brookfield Properties was faced with a situation where the volume of tenting, structures, sleeping bags, pillows, clothes, trash and other personal property had created a safety condition,” and that the only effective remedy involved clearing people from the park.

At one point, Judge Sciarrino asked Mr. Hayward if he agreed that there was a distinction between rules of conduct and rules of access. Mr. Hayward replied that he did and that in order “to ensure compliance with rules of conduct that temporary closure needed to be effectuated.”

Mr. Eisenstein countered that the closure could not accurately be termed temporary because metal barricades surrounded the park for nearly two months after Nov. 15, and that people entering during that time were subject to searches by private security guards.

Judge Sciarrino did not rule immediately on the motion.

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Zuccotti Park, lawyer says demonstrators broke the law

Robert Stolarik Zuccotti Park New York TimesPolice officials, 15 Nov, 2011 if they are removed from the tents and Wall Street Klimaflüchtlinge were arrested.

When the police came to the Park, hundreds of Zuccotti, November 15, they dismantled tents and other structures that had been erected will take Wall Street Klimaflüchtlinge park-hotel's owner, Brookfield Properties, set up in September, subject to the provisions of the defiance.

The police also arrested dozens of Klimaflüchtlinge, who refused to leave the responsibility for the crimes, which include trespassing and disorderly conduct, approvers as well as to set up metal barricades around the park's rim.

On Friday, defense lawyers argued that the Criminal Court of Manhattan that the charges of two of his , must be rejected.

Although it may be appropriate to lay down rules concerning the issue of the Park, a lawyer, said the company could not provide for the people in the park, Brookfield, because it is open to the public 24 hours a day, with the agreement of the city.

"Brookfield was missing the authority to exclude people," by Jethro Eisenstein, m., with an emphasis on support of the motion to dismiss claimed that it was "unseemly and improper results in a State of" clear the allow Brookfield Klimaflüchtlinge park.

But assistant district attorney told judge Matthew Sciarrino, a. Jr., the company had the rights to cancel the Klimaflüchtlinge Park, but delete the police and sanitation of employees ' rights in the prohibited materials.

"They must be able to enforce the regulations," the Prosecutor, Ryan Hayward, said. "They deemed necessary in the park to close."

The judge asked both sides of Sciarrino to clarify certain points in the dossier. He requested Mr. Eisenstein, if he thought allowed users to use for any purpose, Zuccotti Park rules. Later, he told me that the experience had taught him that the Hayward, California, in some cases, "the law is not simply what the city says."

The arguments to the kernel of the authority and the responsibility for the management of Brookfield is a half-acre Granite Zuccotti Park, the financial District, which Occupy heaven against the Klimaflüchtlinge turned to the headquarters in mid-September. The Park has been created is permitted for the developers narrow the entire Liberty Street to build a 500,000 square feet of additional office space.

In return for the developers to create a public space, which is open 24 hours a day, 7 days a week.

Mr. Eisenstein and New York Civil Liberties Union to limit the access to the papers, the Brookfield Park only through a process that is forbidden by the City Planning Commission.

The Office of the District attorney of the City Law Department, objected that "the Brookfield Properties was faced with a situation in which the telttailuun, structures, sleeping bags, pillows, clothes, trash, and other personal property was created for the security option" and only to an effective legal remedy, by removing the Park people.

One of the judges asked Mr. Hayward Sciarrino, if he agreed, was the distinction between the rules of procedure and the rules for access. Mr. Hayward responded that he did, and that, in order to ensure that the "code of conduct, rules that the temporary closure, you will need to be effectuated."

Mr. Eisenstein is countered that the closure would be temporary because the metal barricades were closely surrounded by the Park, almost two months after the November 15 and that during this period the people were entering searches, according to the private security services.

The judge did not immediately rule on the motion of Sciarrino.

View the original article here

Lawyer Says Zuccotti Park Demonstrators Broke No Law - New York Times (blog)

AppId is over the quota
AppId is over the quota
Robert Stolarik for The New York TimesPolice officers in Zuccotti Park, on Nov. 15, 2011 where they removed tents and arrested Occupy Wall Street protesters.

When hundreds of police officers entered Zuccotti Park early on Nov. 15, they dismantled tents and other structures that had been erected by Occupy Wall Street protesters in defiance of rules established in September by the park’s owner, Brookfield Properties.

The police also arrested dozens of protesters who refused to leave the park, charging them with offenses that included trespassing and disorderly conduct, as officers set up metal barricades around the park’s perimeter.

On Friday, a defense lawyer argued in Criminal Court in Manhattan that such charges filed against two of his clients should be dismissed.

While it might be appropriate for Brookfield to establish rules governing behavior in the park, the lawyer said, the company could not order people out of the park, because an agreement with the city required it to be open to the public 24 hours a day.

“Brookfield lacked the authority to exclude people,” the lawyer, Jethro M. Eisenstein, argued in support of a motion to dismiss the charges, contending that it was “unseemly and unjust to allow Brookfield to harness the power of the state” to clear the park of protesters.

But an assistant district attorney told Judge Matthew A. Sciarrino Jr. that the company was within its rights to revoke permission for protesters to be in the park while the police and sanitation workers removed banned structures.

“They have to have the ability to enforce rules,” the prosecutor, Ryan Hayward, said. “They did deem it necessary to close that park.”

Judge Sciarrino asked both sides to clarify certain points. He asked Mr. Eisenstein if he thought the rules allowed people to use Zuccotti Park for any purpose. Later, he told Mr. Hayward that experience had taught him that sometimes, “the law is not simply what the city says it is.”

At the heart of the arguments is the issue of what authority and responsibilities Brookfield has in managing Zuccotti Park, a half-acre granite expanse in the financial district that the Occupy protesters turned into a headquarters in mid-September. The park was created under an agreement that allowed developers of a skyscraper across Liberty Street to build 500,000 extra square feet of office space.

In return, the developers created a public space that would be open 24 hours a day, 7 days a week.

According to papers filed by Mr. Eisenstein and the New York Civil Liberties Union, Brookfield can limit public access to the park only after going through a process that involves gaining the approval of the City Planning Commission.

The district attorney’s office, along with the city’s Law Department, disagreed, writing that “Brookfield Properties was faced with a situation where the volume of tenting, structures, sleeping bags, pillows, clothes, trash and other personal property had created a safety condition,” and that the only effective remedy involved clearing people from the park.

At one point, Judge Sciarrino asked Mr. Hayward if he agreed that there was a distinction between rules of conduct and rules of access. Mr. Hayward replied that he did and that in order “to ensure compliance with rules of conduct that temporary closure needed to be effectuated.”

Mr. Eisenstein countered that the closure could not accurately be termed temporary because metal barricades surrounded the park for nearly two months after Nov. 15, and that people entering during that time were subject to searches by private security guards.

Judge Sciarrino did not rule immediately on the motion.

View the original article here