[Street] [oblegal] Temporary Restraining Order Lifted. Please disseminate widely
Wish, Benjamin
bwish at toddweld.com
Wed Dec 7 15:54:17 EST 2011
All,
Attached is the judge's order. I haven't had a chance to read it yet, but the short version is that: "... injunction is denied because, 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..."
We will prepare an appeal immediately.
This does not necessarily mean the City is going to act tonight, though they certainly can. There are two ways I anticipate the City could act, if it decides to do so. First, the Fire Department could issue an abatement order to clear the tents because they are a fire hazard. Second, the City could come in and order people out, because they are in violation of the Greenway's no camping regulation; anyone who didn't leave could be arrested or trespass.
Ben
From: legal-bounces+bwish=toddweld.com at lists.occupyboston.org [mailto:legal-bounces+bwish=toddweld.com at lists.occupyboston.org] On Behalf Of Occupy Eric
Sent: Wednesday, December 07, 2011 3:40 PM
To: ob-logistics; Occupy Boston Winterization Working Group; ideas at lists.occupyboston.org; OB Finance; ob-media at lists.occupyboston.org; transparency at lists.mayfirst.org; obit; legal at lists.occupyboston.org; street
Subject: [oblegal] Temporary Restraining Order Lifted. Please disseminate widely
Hi,
I just got a call from Ben, one of the OB lawyers, and the Judge ruling the case has ruled against our case and has lifted the Temporary Restraining Order. Ben asked me to disseminate this info widely. I haven't seen the ruling and don't know the reasoning of it.
Please pass the word on.
Solidarity,
Eric
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