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Judge Temporarily Blocks Occupy Boston Removal

By Beth Germano, WBZ-TV
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Tents set up in Dewey Square for Occupy Boston.

Tents set up in Dewey Square for Occupy Boston.

WBZ-TV's Beth Germano Beth Germano
Emmy award-winning Beth Germano is a general assignment reporter fo...
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BOSTON (CBS) – Occupy Boston protesters claim a temporary victory against the city of Boston after a ruling was made on Wednesday.

WBZ NewsRadio 1030’s Ben Parker reports.

Suffolk Superior Court Judge Frances McIntyre has issued a temporary restraining order preventing the city of Boston from removing any protesters or tents from Occupy Boston on Dewey Square unless a court order is first obtained.

“We went to court and got our say and did it legally,” said Jeff Nunez, an Occupy Boston protester.

The order applies unless there is a fire, medical emergency or “outbreak of violence.”

WBZ-TV’s Beth Germano reports.

While there’s been no effort to remove them from Dewey Square, protesters call it a preemptive strike as they look beyond Boston to other cities, including this week’s removal of Occupy Wall Street.

“This is not a publicity stunt. There’s true concern Boston will react in a similar way as they have throughout the country,” said protester Philip Anderson.

Boston Police Commissioner Ed Davis believes the legal action is premature. “There has not been an adverse action against them.

“The Mayor and I question why they’re in court today,” said Davis.

City attorney William Sinnott says there’s public safety concern if the city has to go to court for an eviction notice, giving the protesters time to mobilize and potentially try to stop it.

“Potentially hundreds more additional protesters before any action could be effected,” he said.

Mayor Thomas Menino insists Boston’s relationship with the protesters has been a good one.

“I have no intention at this time to move folks off the site,” he said.

But Occupy Boston wants something more legally binding. The judge’s order stands until a full hearing Dec. 1.

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