By Beth Germano, WBZ-TVBy Beth Germano

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.

Comments (24)
  1. FireGuyFrank says:

    This is why Massachusetts is a mess — more like “Messachusetts”. The judge really thinks freedom of speech outweighs the public’s right to use public space — and I don’t mean occupy that space. I mean walk, run, sit and read, etc.

    Maybe the judge will kick in on the cleaner and fumigating.

    1. tsal says:

      frank – the protestors are the public and they are using public space and I can’t find anywhere that people can dictate how it is being used.

      Remember those that fought for our freedom from England also used that space – with tents!!

      just sayin’

      1. justme says:

        they must have been folks tough to camp on Dewey Square in those days, it was under water

      2. tsalllllll says:

        ho hum……………in Boston, justme. You are supporting my theory that people focus on what really doesn’t matter and miss the big picture

      3. Matt says:

        Except for the fact that now I can’t use that public space.

      4. justme says:

        you are always a stickler for accuracy. just trying to help.

        actually Dewey Square is under water right now too.

      5. tsalllllll says:

        why thank you justme –

    2. slm91 says:

      Your right to walk, run, sit and read in this specific park – when there are so many other public spaces and parks in Boston where you could do these activities – outweighs the first amendment rights of thousands of protesters, the right of freedom of speech and the right to protest the government and hold power accountable, rights that comprise the foundation of this country? Also, who is to say that you have more right to use that space than they do? People like you are why this country is in such a dilapidated state.

  2. mmarcia says:

    I never realized that Dewey Square was a campground! I think the judge should go camping with them.

  3. fred says:

    This is just another reason why judges should have to face the electorate. Why is this group allowed to commandeer a public space? Have you ever played baseball on a public field and then be asked to leave by a group who has a permit (paid for) to use the field for that time period. Well I have – I never knew my rights were being violated. This group does not have the right to confiscate a public place in perpetuity as they seem to insist is their right. The judge is just playing to his social circle and will never personally be inconvienced by these dolts.

    1. tsallllll says:

      good idea fred – let’s start with the supreme court – all of whom in my opinion – should be fired. I’d choose a judge who rules in favor of those who are doing no harm before a judge who decides corporations are the same as people knowing he is basing his decision on a precedent that was trumped up to begin with or a judge who votes in favor of large corporations that discriminate. I could go on but suspect you have the picture – so, yes, let’s start at the top.

      1. fred says:

        Who cares what your opinion is of the supreme court – we are talking about a group that is looking for and getting special privileges that others (tea party protesters for example) were never afforded. You would choose a judge that has a personal agenda over one who carefully considers laws and statutes. A judge should be interpreting the law – it’s up to congress to make or change a law. Unfortunatley, congress seems to exempt themselves from many of the laws that the average citizen has to abide by (insider trading for example) – kind of like the OWS dopes. Maybe they’re all future politicians – God help us.

      2. Tsalllll says:

        Fred the supreme court gives special privileges to others too. And please show me where the tea party was told it couldn’t pitch tents. I don’t remember that but could have missed. And is there a reason you are being insulting. It was you who said judges should face the electorate. I thought you meant all judges not just those who ruled in favor of what you support

  4. tsallllll says:

    I’ll ask again – what is it about this group that bothers you? How often do you go to Dewey Square? At the very least it gives our veterans a tent rather than a bridge to sleep under. Just typing that made me sick. Does t bother you that they might – just might – have enough influence to force some to see the inequities in this country? They do not have any health problems – that was already checked and is being checked regularly. If you can’t walk around them, I don’t really want to hear it because that’s just plain sad.

    So what is it?

    1. fred says:

      Too long of a list to leave here but how about this – they smell bad. Have you ever given a homless person money who claimed to be a veteran? It’s doesn’t take too long of a query to assertain that some are lying. Claiming to be a veteran gives people special status – people and politicians do it all of the time by usually just embellishing their record. Veterans are proud people and generally do not haphazzardly throw around the fact that they served just to look for sympathy or a handout. There are fewer there than you claim. And yes, i do go into Boston regularly, early morning to avoid traffic to get my job done, i never seem to see too many of the non working class at 6AM.

  5. sloopjohnB2 says:

    Mayor Menino is responsible for this mess. The inmates are running the asylum. Now he has a REAL problem. The degenerates in Dewey Square should have been kicked out of there by the police weeks ago. It doesn’t help to have a moonbat judge granting injunctions either.

  6. Tsallllll says:

    Ok one resson – They smell bad? Fred there are tens of thousands of homeless vets in this country and the fact is they are the largest growing group in the occupy camps. They can get food and cover and medical care Please do not insult them by refusing to believe they exist. That seems to be what the majority of Americans do if they didnt they would be provided homes and jobs when they return home.

  7. Just my Opinion says:

    This is absolute BS! The judge should be thrown out and disbarred! The Occupy Boston has gone beyond its usefulness. They are now infringing on my rights to enjoy the greenway in boston. A permitted fundraising event was postponed because of these idiots…but do we hear WBZ, FOX, WHDH or WCVB putting that out there? NO! Go home!

    1. Tsal says:

      Their usefulness? Do we have income equality and the end of corruption in government and more jobs and less unemployment. I missed all of that. Well we do have good reasons to be thankful next week

      And your reasons for not approving of them are? I’m adding to the list. So far i have that they smell

  8. roudydowdy says:

    “I hold it that a little rebellion now and then is a good thing. … It is a medicine necessary for the sound health of government… God forbid that we should ever be twenty years without such a rebellion… The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is it’s natural manure.” Thomas Jefferson about 1786

  9. emom says:

    I believe in the beginning the original occupy folks had a message of GREED thru the corporate world. As well as the political world. There were some very good points made and well a great attempt to bring it to the surface. BUT it seems to have created a huge problem. Many have brought in drugs, booze and well are starting to cause some problems.
    These are the problem folks, those that just want to make noise, and they are only there because its a cause , not necessarily their cause. Anything for rally of some sort.
    In the end its brought something to the attention of the entire country,, Something many have said but didn’t have any idea to bring to the table with them.
    Corporate Greed has been the initially topic and reason for this occupy event.. I have said it many times the greed that goes on in corporations and with the politics is enormous, We the people are sick and tired of feeding them and loosing over it. We pay taxes to only give to these money hoarders, Bailouts, kick backs, special interests , and grants and funds for crazy stuff. Everyone is looking to save what they have left but others continue to take more and more of what we have away.. Would I go to the lengths these occupy people have , NO , But A clear message needs to be sent to the corporations and politician level to let them know its time it stops..
    Stopping the greed is the biggest problem in this country. CO-E’s making millions to sit and do nothing Politicians making millions to take everything. When will it end.. We talk about term limits well what do we do about that. We want to hold them accountable for allowing hands outs when there is no need for them. The bailouts where a disaster. and well have not been paid back.
    In the end we want jobs, a better housing market and people buying things. But as long as the economy is in its current free fall, due to GREED, nothing will be done. it will continue and only grow. We want the economy to grow in the right direction, we need to stop the greed from and then the economy just might turn around…
    Oh should the occupy folks stay where they are , well I honestly don’t care , But understand it could become a homeless camp at some point, And well that will breed problems and more could start living in these camps. Winter is coming and well I am sure most will leave, as they will not be able to live thru that for long.

  10. tsallllll says:

    emom – good comments. I think the one reason people do not have an understanding of the Occupy group’s message is because what is wrong in this country is far to widespread to bring down to one thing. You are right that they fight against corporate greed but it’s also income equality and government and financial corruption – and more. If people do not understand what the group stands for it is their fault for not comprehending or not wanting to comprehend. So far I have not – in all of the times I’ve asked – gotten one reason a person doesn’t like the group.

    I think in some instances those aligned with the right have decided Occupy is a group aligned with the democratic party. It of course is not as it opposes democrats and republicans alike. We have become a country that looks at the letter label (R or D) beside a persons name and on that basis alone decide if we agree with the person. We do not listen to ideas or suggestions. It alone will kill us as a nation.

    We have all called our congressmen – at least I hope we all have – and we have written and we have blogged and it hasn’t made one bit of difference. If it takes a group of protestors camping in parks to get the message across, then I say more power to them.

    As far as bad eggs mixing in – well we have bad eggs mixing into all parts of society – occupy will not be any different yet for some reason people have latched onto that as if it is different.

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