• Green Party Peace Sign Bumper Sticker

    Green Party Peace Sign Bumper Sticker
    The Green Party has continually opposed entry into war and has consistently called for the immediate return of our troops, in stark contrast to the Democratic and Republican parties.
    Today we march, tomorrow we vote Green Party.

  • Occupy Wall Street: What Just Happened?

    Occupy Wall Street: What Just Happened? ebook cover


    Occupy Wall Street: What Just Happened? eBook

    Occupy Wall Street: What Just Happened? eBook on Amazon

    Occupy Wall Street: What Just Happened? eBook

    Reflections on Occupy Wall Street, with photos, fun, and good wishes for the future. eBook, Occupy Wall Street: What Just Happened? (Only $.99 !) In the eBook, the Occupy movement is explored through original reporting, photographs, cartoons, poetry, essays, and reviews.The collection of essays and blog posts records the unfolding of Occupy into the culture from September 2011 to the present.  Authors Kimberly Wilder and Ian Wilder were early supporters of Occupy, using their internet platforms to communicate the changes being created by the American Autumn.

    The eBook is currently available on Amazon for Kindle;  Barnes & Noble Nook ; Smashwords independent eBook seller; and a Kobo for 99 cents and anyone can read it using their Kindle/Nook Reader, smart phone, or computer.

  • Vintage Jewelry

    Please visit our Etsy shop at: Wilderside Vintage and Antique Jewelry
    Choosing vintage or antique jewelry to wear and/or gift, is a way to be gentle on the planet. Remembering the Waste Hierarchy Triangle, folks who love the planet should always try to…”Reduce, Reuse, Recycle”. Please share or donate your own jewelry and try buying vintage rather than new.

  • FaceBook

  • Instagram

  • tumblr

  • Pinterest

  • Georgiana, Duchess of Devonshire: Ultimate Fan Guide on Smashwords

NYCLU Files Papers Contesting Trespassing Charges in Zuccotti Eviction Case

The New York Civil Liberties Union today requested permission to file a brief with New York City Criminal Court arguing that trespassing and other charges against a demonstrator arrested at Zuccotti Park during the eviction of the Occupy Wall Street encampment should be dismissed because Brookfield Properties, the park’s owner, had no legal authority to exclude people from the public space.

The demonstrator, Ronnie Nunez, was arrested in Zuccotti Park on Nov. 15 after allegedly refusing to leave the privately owned public park when the Occupy campsite was evicted at Brookfield Properties’ request.  In the criminal court papers filed against Mr. Nunez, the prosecution asserts that Brookfield Properties had the ability to withdraw its permission for the public to be in Zuccotti Park, and that it had done so prior to the eviction.

“Brookfield Properties had no legal authority to unilaterally deny people permission to be in Zuccotti Park,” said NYCLU Senior Staff Attorney Taylor Pendergrass, the brief’s primary author. “The charges against Mr. Nunez are groundless and must be dismissed.”  

When private owners agree to create public spaces like Zuccotti Park, they give up their right to treat them as their private property in exchange for valuable zoning concessions.  A special zoning permit granted in 1968 established Zuccotti Park as a “permanently open park” for “the public benefit.”

The NYCLU maintains that city zoning law makes clear that owners of privately owned public spaces cannot unilaterally restrict people’s access to those spaces. The City Planning Commission is the only entity that could authorize such restrictions, after public comment, and only if there is sufficient evidence to justify them. This procedure did not occur prior to the eviction of protesters from Zuccotti Park.

Therefore, the NYCLU argues, Brookfield Properties had no right to order Mr. Nunez or anyone else to leave the park, providing no basis for the trespassing charge.  The brief also notes that Zuccotti Park, like hundreds of other “privately owned public spaces” throughout New York City, is dedicated to public use and protected by the U.S. Constitution.

In January, the NYCLU and other civil rights groups notified the city that its arbitrary and inconsistently applied rules and security measures restricting the public’s access to the park violated city zoning laws. The next day, the city removed metal barricades that had surrounded the park since the Nov. 15 eviction of the Occupy encampment.

Joining Pendergrass on the brief are NYCLU attorneys Rebecca Engel, Daniel Mullkoff and Katherine Bromberg. To read the NYCLU’s brief visit http://www.nyclu.org/news/nyclu-files-papers-contesting-trespassing-charges-zuccotti-eviction-case

Enhanced by Zemanta

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.