Live-blogged from Manhattan Supreme Court on November 15, 2011.
Here are two excerpts:
2:58 pm: Recap of The Hearing
Brookfield Properties’ attorneys argued that Zuccotti Park is not meant to be a tent city. The owners feel they will be liable to the city if they do not clean it up and attend to health, waste, and fire safety issues. The attorneys say the park is not meant for habitation. They told Judge Stallman that if the park is cleaned up, protesters can go back and speak freely and sit on the benches — but they should not be allowed to set up camp. Attorneys want the city to help make sure the park gets used in accordance with the park’s rules.
Lawyers for Occupy Wall Street argued that Brookfield Properties made up rules for regulating the park only after the occupation began. Lawyer Alan Levine argued that Brookfield had no greater authority to pass rules on the park than the city of New York and must display a ”compelling” interest for doing so. Levine said fire and sanitation issues can be dealt with in a less restrictive manner, like setting up portable toilets and putting out more trash cans.
Lawyers for Occupy Wall Street argued there was no urgent need for police action earlier this morning. But city attorney Sheryl Neufeld argued that Brookfield has an obligation to make Zuccotti Park “open and accessible to all” and that is currently not the case. She argued there is no clear way to move around the park anymore: “Tents are on top of each other. And the number of tents has increased over the weekend.”
The court room erupted with laughter when Dan Alterman, an attorney for Occupy Wall Street, said the movement served the city with an order at 4:45am and faxed it to the mayor’s office. Neufeld said, “It was 5:00am, how was anyone supposed to get that?” Dan Alterman retorted, “You evicted us at 1:00am!”
When the hearing ended, Alterman said, “I think the judge gave a fair hearing.” Arthur Schwartz, a lawyer for the Transport Workers Union and the Working Families Party, said that “the situation is moving too fast.”
The New York Supreme Court may have denied an extension of the temporary restraining order issued this morning, but lawyers for Occupy Wall Street say there is nothing that can stop their clients from sleeping in Zuccotti Park tonight.
The lawyers argued that the decision only mentions that tents and other structures cannot be erected. It does not say anything about sleeping bags. ”In our view there aren’t serious safety and health concerns at the park,” OWS lawyer Alan Levine said at a press conference shortly after the court posted the decision on its website.
“Protesters will continue to occupy Wall Street,” says OWS lawyer Yetta Kurland. “The 99 percent will continue to express themselves. We will continue this fight.” Another OWS lawyer Dan Alterman said that the legal team hasn’t decided whether to appeal yet. “This is just a hiccup in the road,” he says.
Kurland added: “The city has acted so arrogantly today. My official next step is to go back to the office, plug in my dead cell phones, get a cup of coffee, and then regroup.”
City attorney Sheryl Neufeld said she was pleased with the decision. Douglas Flaum, who represents Brookfield Properties, did not take any questions.
