The Cleansing of Zuccotti

Just a few thoughts about Tuesday’s TRO Wankfest.

The OWS lawyers obtained an emergency ex-parte restraining order from a friendly judge who made a 6:30 am housecall to sign it. They say a good lawyer knows the law but a great lawyer knows the judge.

But even without a judge in your pocket ex-parte restraining orders are about as hard to get as a $20 Rolex in Times Square and last about as long. “Ex-parte” means “by one party” and refers to a judicial proceeding where only one side gets heard. Ex parte orders are generally intended to freeze the situation until everyone can come to court and be heard.

The OWS’ pet judge only made the order good for five hours until a hearing set for 11:30 am Tuesday morning. The protesters could waive all the copies they wanted but restraining orders are only binding when personally served. More importantly, by the time it was signed Zuccotti Park had already been cleared.

Ironically, the TRO probably delayed the protesters’ return to the park. The police had stated from the beginning that after the park was cleaned people could reenter. But they weren’t going to let anyone return with tents and camping gear, which is really what the dispute was about.

Here’s the court order:

The parties dispute whether the First Amendment applies to the actions of the owner in enacting the rules. For purposes of this application, the Court assumes that the First Amendment applies to the owner of Zuccotti Park, thus obviating petitioners’ request for a hearing as to whether Zuccotti Park is traditional public forum, or a limited public forum. Assuming arguendo, that the owner’s maintenance of the space must not violate the First Amendment, the owner has the right to adopt reasonable rules that permit it to maintain a clean, safe, publicly accessible space consonant with the responsibility it assumed to provide public access according to law.

The Court is mindful of movants’ First Amendment rights of freedom of speech and peaceable assembly. However, “[e]ven protected speech is not equally permissible in all places and at all times.” (Snyder v Phelps, 131 S Ct 1207, 1218 [2011], quoting Cornelius v NAACP Legal Defense
& Ed. Fund, Inc., 473 US 788, 799 [1985].) Here, movants have not demonstrated that the rules adopted by the owners of the property, concededly after the demonstrations began, are not reasonable time, place, and manner restrictions permitted under the First Amendment.

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.

I’ve said for weeks that the City was on solid legal ground. Since Zuccotti Park is private property the First Amendment would not normally be implicated, and OWS had no right to possess or occupy the park on a permanent basis. But for reasons too complicated to explain here the park could be considered public property for the purposes of First Amendment analysis.

The court made the assumption it was a “public forum” and still ruled against OWS. That, IMNSHO, is the correct ruling.

Here’s what is so stupid about all this drama and histrionic claims of government oppression – no one has attempted to deny the Occupiers right to protest. Not in New York City, not in Oakland, not in any city.

Mayors Bloomberg and Quan both said that the protesters in their cities were welcome to protest on a daily basis, from early morning into the evening. The main conflict has been over 24/7 camping in city parks.

The protesters were told they were not allowed to camp overnight. They ignored the warnings. They were told to leave. They refused to go. Finally, the police moved in to evict them. They resisted.

So all this time was wasted fighting over camping instead of protesting their cause. Talk about rebels without a clue!

Meanwhile, for nearly two months now nobody has been talking about Barack Obama.

Mission accomplished!

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49 Responses to The Cleansing of Zuccotti

  1. crawdad says:

    What about their right to poop in the park?

  2. HELENK says:

    the backtrack bunch may of had a distraction for awhile, but it is backfiring on them. Drumming, shitting, causing TB outbreaks, stinking up the cities is kind of a turnoff. It will be remembered ,every democrat that embraced them will be looked at differently.
    What until the total cost is made public and cities have to cut service because the money when to clean this mess up. That should come out just in time for the elections.

    Republicans – -teaparty – clean up after themselves – -no cost to public

    Democrats – owies – filth and expensive to clean up after

    • DandyTiger says:

      Ouch, that smarts. Such great messaging. You know, and I’ll pretend it’s still tinfoil Tuesday, but you couldn’t fuck up as much as the Dems have over the last few years if you tried. Something to think about.

  3. DandyTiger says:

    Meanwhile, for nearly two months now nobody has been talking about Barack Obama.
    Mission accomplished!

    Duh. Sadly some have had the misguided idea that this wasn’t all about helping Obama.

  4. DandyTiger says:

    We in the DHS approve of this message. Apparently.

  5. DandyTiger says:

    We in the DHS are going to bed now. So we won’t be watching you. Or will we….

  6. timothy2010 says:

    I was just contemplating my late teens/early twenties and trying to remember the music to give me a sense of the era when I was rebellious . Best I can recall Nirvanna/Pearl Jam and the rest of the grunge sound coupled with U2 and the Cure. Seemed to me back then music was so important. The OWS movement from what I have seen has created nothing new.
    Very sadly prophetic was the song Jeremy from that era. I try to listen to radio but it leaves me feeling like I have heard it before at heart I am a big Joe Cocker fan(will not tolerate any gay jokes– I mean it I will run straight over to RD and tell her who you are all working for) but hasn’t music defined every era? What is it now? Biggest seller is Adele and she does have a retro sound but I can not think of one band that encapsulates the discontent of the minions.Since 2009 I think the biggest sellers are Adele, Susan Boyle and Taylor Swift. I know no one buys physical copies of music anymore but they are still the top sellers. Funny if “Rolling in the Deep” and “I Dreamed a Dream” define a generation.

    • 1539days says:

      The problem with this era is that no one wants to use metaphor anymore. Instead of a song like “Who’ll Stop the Rain?” some idiot rapper / record producer will make a song called “Killing killers who kill.” and think they are brave because they’re not clever. Plus, their music is the same mass produced soulless crap as the rest of the product they produce.

  7. Lulu says:

    I just perused the most pro OWS blogs that I am aware of and they are still having trouble comprehending that the federal government of their most esteemed leader coordinated the cities in wiping them out in a cold and calculated, not to mention sneaky, manner. Some are starting to get a glimmer that Obama could praise them throwing them cookie crumbs and then delegate throwing their asses out. Pie fights, calling each other fascists, the purity that is Obama, voting for Engelbert Humperdink in 2012, it’s all Glen Beck’s fault, down rating the moderators, hysteria, painfully back tracking Twitter feeds to figure out who (Michael Moore or Keith Olbermann) started this vicious rumor, etc. All of this with innumerable references to movie and comic book characters.

  8. Pips says:

    Just to give an example of how this much talked about Globalization works, and how indeed it makes the World smaller … “smaller” as in: Wherever we are, we all get pretty much the same info: The info the 4th estate decides to feed us.

    This is the picture accompanying an article, totally, compassionately on the side of the occupyers, today in the most left leaning newspaper where I come from, written by their Washington correspondent.

    Do I need to mention she was also “big” on Obama?

  9. Pips says:

    As someone who always liked the voice and the songs of Joan Baez, a symbol of the 60s protests, it pained me recently to hear her sing on behalf of the occupyers anno 2011. Found it kind of pathetic, sad to say.

    • myiq2xu says:

      A lot of them had no idea who she was.

    • timothy2010 says:

      No rhyme or reason. Just both songs stored in my one or two brain cells left. Nothing profoundly sensitive as i think “billy Don’t be a hero” may be in there as well.

      • votermom says:

        timothy, before I forget, have you ever watched this movie? One of my favorites I saw via netflix streaming (I have heard that it is also on youtube)

        • timothy2010 says:

          No but will
          On another subject is anyone disturbed by the fact that there is no way in hell Mc whatever would have walked away when he saw a child in that situation? Radio talk shows anderson cooper all have these people on saying “oh you don’t know unless your in the situation”
          Bullshit we are not talking about being shot at. I am part Irish Catholic descent and I have skinny faggot gone into a gun situation to pull an injured woman out. i looked at the guy in tapes no way in hell he walked away. He stopped what was happening and then was a complete ass and should go to jail in my book for not reporting and as a result allowing others to be abused. But I do not believe he did not stop what he saw. No way. he stopped one but allowed others to happen with his silence but I would bet every reader RD has that he did not walk away. Which complicates the saga all the more,

        • votermom says:

          I heard via the Michael Smerconish show ( I listen if I happen to be driving when it comes on and he’s been on the PennState topic for a while) that McQueary emailed his ex-teammates saying he did not just walk away.
          On his website ( he links to this:

          In an email obtained this week by The Patriot-News, McQueary provides more details about his role in the Sandusky child sex abuse scandal. The grand jury report states that he saw Sandusky sexually assault a young boy but never told law enforcement, which has made McQueary the subject of scathing criticism.
          In the new e-mail, McQueary wrote: “I did stop it, not physically … but made sure it was stopped when I left that locker room.”
          Penn State assistant coach Mike McQueary during the Outback Bowl
          And then he wrote that he did tell police, not just Joe Paterno, Curley and Schultz.
          “… I did have discussions with police and with the official at the university in charge of police …. no one can imagine my thoughts or wants to be in my shoes for those 30-45 seconds … trust me.

          Smerconish also pointed out that it’s only when the complaint against Sandusky was brought to the neighboring county did it finally go forward. The cover-up aspect really stinks and I don’t think we know what went on.

  10. timothy2010 says:

    True story is I believe he stopped it and then he talked to his dad. What 28 year old calls his father after that. All these guys seem to have lots of phone records in perfect order. Whatever happened with them all he is THE witness so all will skate save fuck hole but I believe there is so much more. i was last in college in 1993 and you could not enter any building no matter who you were without an ID if you had a guest they got signed in. Are we to believe in 2002 sudinsky was able to enter a building carte blanche because he was a professor. Nope sorry does not fly everyone swipes a card and if he was there there is a record and if someone else is there there is a record, Something is so fishy with this. Even if they didn’t have swipe ID’s 15 years after the rest of the world they still had sign in sheets. president of the University can bring in Jesus and jesus is gonna sign in. No mention of sign ins in the grand jury thingy. Bet they all disappear before trial date.let us also remember this was post 9/11 people did just not walk into buildings especially on a reputable campus. Beyond that the aports fitness stuff was reserved for the sports stars not the regular gyms for everyday students. So we have a grand jury investigation and no one checks the frigging lods. No mention. Refuse to believe if sandusky had a boy in there that he did not have to by security. no way. Even if he had used a key to gain access through a back door(ouch) it would have notified the security desk and it would have been logged. 30 million plus facility and you gonna tell me they don’t have the security system of a 1980’s CoGOs. Uh uh.

  11. timothy2010 says:

    Clad in tinfoil from head to toe but must ask Penn State is a billion dollar industry and they knew at least as soon as March that they were under investigation. and they had to be aware of the seriousness. Why would they not work with the state and broker a deal? Nothing makes sense to me. A big guy sees a 10 year old being raped anally and cowers away. Not possible. And now they cannot identify the kid. Bullshit. Also big issue i have is that the accused is neither furious, scared or repentant, He looks like he is going golfing in his arrest pictures. The world is looking at you as if you committed one of the most heinous crimes fathomable and you are just going with the flow. Something is amiss.

    • votermom says:

      I think there are a LOT of people involved in this cover-up. Even Gov. Corbett will have to answer questions since he was Atty Gen wasn’t he — and then he as Governor becam trustee. WTH is wrong with these people.

  12. yttik says:

    Speaking of legal issues, the college in Seattle tried to stop occupiers from moving in and camping on their campus. After several days of this debate apparently the college legal advisers and the mayor told the college they have no right to keep the protesters out because there is no law that prohibits them from being there. Now the college is trying to remove them, but all these so called legal experts keep talking about how they don’t have the legal right to evict them. I don’t get it.

    Also really sad, they’re closing down their childcare center. There’s been too many drugs and needles found laying around so it isn’t safe anymore.The occupiers are also costing the college 20 grand a month and so they’ve cut the daycare funding to try and make up the loss. So congratulations, OWSies, you’ve just screwed up an educational opportunity for any single parents who were attending the college. People are actually having to withdraw from winter quarter.

  13. timothy2010 says:

    I got spooked when I read the grand jury report and I felt like I was reading a horror story. It was just all laid out to well. And so many villains that it was easy to overlook some of the obvious stuff.Sign in sheets? Time cards. Do me a favor try to access any amenity at any college near you? You will have to swipe a card or sign in. People do not just walk off the street or the campus and use the football players gym. And you cannot sneak in with a key. The computer knows if an emergency door is used and someone is there pronto

    I was sick to my stomach after i read the report could not believe any human being could walk away from such an extreme act of violence. My tiny brain most likely would have let it go but then I started hearing these really pathetic excuses about well you don’t know know what you’d do if you were part of something that mattered that much. Ding dong weren’t talking to me but i do belong to something that matters a hell of a lot more than a trophy and that is all of the people in my life. 10 or 11 year old boy if fucked up the ass by a 59 year old man in a public place may never get to know that. Which just makes me question if he was such a master of seduction with these kids why would he slip up so easily. He had already been caught by a janitor and had been questioned why would he be so careless. Only rational answer I can fathom is that he felt comfortable there. more so than the finished basement bedroom he had in a house where it seems his wife never questioned his leaving their bed to go downstairs for an extended period. Another red flag why is it the basement? looked at pics of the house it has room or has a bedroom on first floor. The he took me to the basement bit just seems a little too much out of the tv show Criminal Minds. I
    Not saying he didn’t do it. Just saying some things don’t add up to me. I’d like to know how far from victim 1 s house is the school. He was 10 so thinking his hair was on the short side. Dry in what ten minutes. Yet his mother became alarmed because he came back and his hair was wet?
    I had blind rage a few days ago but i cannot buy the guy who is supposed to have seen and walked away. Watched a little bit of him on the field and it just does not gel with me. I’m a strong willed irishman and i know the look. Could be wrong. Sort of hope I am and sort of hope I’m not. Anywho something is very wrong and its bigger than 8 boys being so brutally unfairly taken advantage of.

    • votermom says:

      espn is reporting that a “source” familiar with the investigation is also saying that McQueary did stop the rape he witnessed.
      (video on autoplay at link)

      Also read the article – details mention Corbett.

      What is sickening also is I have heard that that the McQuearys and the Sanduskys are neighbors and family friends … I really have to wonder if Sandusky also victimized him as a kid. It would fit the pedophile pattern.

      • timothy2010 says:

        I wondered that as well. Like he didn’t stop it because it was like a flashback. Then i remembered this TV movie called I Know My first name is stevie about a little boy who had been abducted as a small child and spent years as a captive and then when he was getting to old his captor made him abduct another young boy. kid still possessed his humanity and ran off to the police with the small child. All he could tell the police was that he knew his name was stevie. True story and from the days when networks sometimes strived for quality tv films. Same guy who wrote it wrote The Days of Wine and Roses. heavy he struggled with booze and other addictions but eventually cleaned up only to be hit by a hit and run driver on the day his abductor was released from prison. Anyhow i just don’t think MxQuery would be alive today if he had not stopped what he was supposed to have seen. He’d have drank himself to death or at least been unable to hold a job

        • myiq2xu says:

          You’re thinking of Steven Stayner. He was abducted in 1972 about three blocks from where I lived.

          His abductor was Kenneth Parnell who was originally released from prison in 1986. Steven died in 1989.

          Parnell died in 2008 while in prison from a 2004 conviction where he tried to buy a boy to molest.

          I went to school with Steven’ older brother Cary who became a serial killer.

          Merced is a fun town

  14. foxyladi14 says:

    to horrible for words..

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