Judge Refuses to Extend Temporary Restraining Order at Zuccotti Park

New York State Supreme Court Judge Michael D. Stallman has refused to extend a Temporary Restraining Order blocking New York City's eviction of Occupy Wall Street protesters from Zucotti Park in Lower Manhattan. In doing so the judge essentially ruled that the  new rules imposed after the arrival of Occupy Wall Street by the parks owners, Brookfield Properties, are "reasonable time, place, and manner restrictions permitted under the First Amendment."

In his decision, Judge Stallman stated: "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."

See the full text  of the decision here.