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Owner Had Right to Clear Zuccotti Park, Judge Sciarrino Says

posted Apr 9, 2012, 4:54 AM by Pete Weinman   [ updated May 13, 2015, 12:49 PM by Lou Bara ]

A judge in Manhattan has ruled that Brookfield Properties, owner of the park used as an encampment by Occupy Wall Street protesters, had the right to clear them to address deteriorating conditions inside the park.

The judge, Matthew A. Sciarrino Jr. of Criminal Court, issued his ruling on Friday as he refused to dismiss charges against an Occupy Wall Street protester arrested when the police cleared Zuccotti Park on Nov. 15.

Zuccotti Park is required to be open 24 hours a day, and defense and civil liberties lawyers have argued that Brookfield had no right to close the park unless it obtained permission from the City Planning Commission and that therefore, Brookfield and the police lacked the authority to order the protester, Ronny Nunez, to leave. After refusing to leave, Mr. Nunez was charged with trespassing, disorderly conduct and obstruction of governmental administration.

For a link to the decision, click here: http://www.nylj.com/nylawyer/adgifs/decisions/040912sciarrino.pdf

For the complete story, visit the NY Times at http://www.nytimes.com/2012/04/09/nyregion/judge-says-brookfield-had-right-to-clear-zuccotti-park.html?_r=1

The New York Times

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