Tuesday, December 6, 2011
Judge rules #OccupyNOLA can stay
Posted by Alex Woodward on Tue, Dec 6, 2011 at 5:45 PM
Much of the following was reported by Charles Maldonado, on the scene.
Following Occupy NOLA's complaint against Mayor Mitch Landrieu outlining the city's "unconstitutional deprivation of First Amendment activities," U.S. District Judge Jay Zainey this afternoon issued a seven-day temporary restraining order.
The ruling prevents city-enforced eviction and grants protestors 24-hour access to the park, with some restrictions: no weapons, animals, open flames or electrical cords. Use of the pavilion also is restricted. Tents are allowed — though the city, it admits, trashed what was left when protestors' camps were thrown into a dump truck and crushed. Officials removed the barricades surrounding Duncan Plaza, which was blocked off and its occupiers evicted early this morning (about 4 a.m.). They're allowed to rebuild, effective now.
Landrieu announced Friday afternoon his request for Occupy NOLA to leave, and Monday morning, the city began transporting the plaza's homeless to Exodus House.
City attorney Richard Cortizas did not offer comment to Gambit following the hearing, but his full statement is below the jump.
“We respect the Court’s decision, but we respectfully disagree.
“Today, the City moved forward with well-planned, well-executed enforcement of city and state laws in Duncan Plaza. We did so in a fashion that respected the 1st Amendment rights of those in the park within the bounds of the law that protected the common good. Today’s actions were safe and peaceful.
“For the past 61 days, the City worked cooperatively and reasonably with individuals who encamped in the park.
“Today, we successfully cleaned the park, housed homeless individuals, and reduced the threats to public health and safety. We will comply with the order of the Court, but we remain deeply concerned that allowing the re-encampment of Duncan Plaza poses a threat to the public health, safety, and welfare of those encamped there and to the community at large.”
Actions taken to date related to the Duncan Plaza encampment have cost the City well over $50,000.
Comments (2)
Showing 1-2 of 2
Really, Mr. Richard Cortizas? I love the way you put that. May we please see the expense report (detailed and itemized) for the 60 preceding the raid that violated the protesters' First Amendment rights, disrespected the courts, and proved both yourself and the Mayor's office as LIARS (that's right, you forgot to look around that public space - you're on tape assuring the protesters' legal team that no raid would take place)? While you're at it, pull up the report for the 60 days before that as well. ONE HUNDRED TWENTY DAYS OF ACCOUNTABILITY, PLEASE.
like
dislikeWe are being subjected to a police state where protesting is not being tolerated. These evictions exemplify the suppression of our civil liberties including the right to organize, one of the basis rights set forth by our founding fathers. Police brutality is running rampant under orders from Governors who have their pockets lined with Wall Street and Special Interest monies. Stand up and lend your voice with these free posters I was compelled to design on my artist’s blog at http://dregstudiosart.blogspot.com/2011/11…
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