Judge Extends Restraining Order Protecting Occupy Boston

BOSTON (CBS) – A judge extended Occupy Boston’s restraining order against the city on Thursday while she considered their argument pitting free speech rights against a city’s right to enforce the law.

Occupy Boston lawyers argued in court that the city of Boston cannot evict protesters without a hearing, despite the city’s claims of rampant health and safety code violations.

The encampment is seeking a permanent restraining order against the city of Boston.

”Public health, public safety, and sanitation building issues do not result in summary execution of first amendment rights,” Occupy Boston Attorney Howard Cooper told the court.

The judge said she planned to make a decision on Occupy Boston’s request by December 15.

The city says it does not have any plans to evict the encampment, but argued that it should have the option to do so if the situation gets out of hand.

Its lawyers argued that free speech is not unlimited, especially when there are serious safety concerns.

WBZ-TV’s Jim Smith reports

Boston’s Fire Marshal Bart Shea testified that a fire at the Occupy Boston encampment is a real risk. He also revealed that the city had sent Occupy Boston an abatement order to remove all of its tents, but does not know if the order was received.

WBZ NewsRadio 1030’s Carl Stevens reports

Shea says the blue tarps are “like napalm” and the amount of flammable material in the mess tent “scared the hell out of me.”

WBZ NewsRadio 1030’s Karen Twomey reports

“A fire could rip right across the tops of those tents before anyone could get out,” he testified. “Something disastrous could happen there, and people would be trapped trying to escape.”

Protesters say they’ve tried to bring in safer, winterized tents since hearing about the code violations but have been prevented by Boston police.

Boston police acknowledged that they are not letting certain materials into the area.

“BPD has restricted building materials or anything considered a structure due to the obvious safety concerns without proper construction oversight,” the department said in a statement.

  • sellsword

    The media reports regarding possible eviction of the Occupy Boston squatters seem to be increasing. And Menino seems to still be displaying an accommodative stance publicly but without a doubt realizes the pressure is on to remove these people as other cities have now done. Big mistake if the liberal Mayor Mumbles doesn’t act before the deep freeze of winter arrives here in Boston. This protest has worn out its welcome and now risks becoming a permanent fixture in Boston….forever…..time to leave.

    • defecating_heroes

      * Liberal, Neo-conservative useful idiots and critics of Assembly, and frankly haters of truth and freedom, exist by feeding on the entrepreneurial, middle class.
      Which explains why the nation’s respect and admiration are with the dissidents being victimized by such Zionist apparachiks of the Fed, IMF and World Bank. And with the Anonymous and Wikileaks brigades.
      For they know, proletariat’s bad children and parasites will never admonish the Crony Capitalism feeding the latter’s addictions and narcissism. A special interest needful and earnest of all the hearty, steamy excrement patriots can provide. Sh!t and p!ss on, noble flea-baggers, lest the streets flow with blood.

      • petem

        how much were you paid to post this crap? no where in it is there a lick of sense. If you represent what the left is fighting, we’ve already won..

  • Ali

    Its not time to leave its time to give back to American people what was taken away! ITS TIME FOR CHANGE! If it takes squatters to help get the wheels spinning then so be it!! Most american people are not happy and if squatting is the only thing they are doing thats fine with me. Things could get alot worse!

    • tsal

      Ali – a voice of reason – kudos for your comment !!!!!

    • dms

      I don’t see any wheels spinning. These clowns are ridiculed by most people and have not achieved a single thing. They have no affective agenda or plan. Do yourselves a favor and go home. The real world 99% are getting annoyed by this useless effort.

      • C

        Rather than sitting there GO MAKE CHANGE instead of expecting someone to do it for you!!!!

    • Mikey Cyrus

      Ali, what exactly was taken from these people?

    • Anonymous

      As if squatters are going to stop the heist of the US Treasury. Let’s get real people and put the bongs down….jeez.

  • DAB

    And guess who is paying for the policy detail

    • tsal

      DAB – we are paying a whole lot more by allowing the corporations to continue to use loopholes, the wealth to continue to pay far less in taxes than they should, wall street to continue its corrupt practices and – most importantly – by electing people on both sides of the aisle who are supposed to represent us but in fact represent only wealth. I for one am happy to pay a bit in police detail to help anyone willing to speak up in order to stop all of the above-listed inequities and more.

  • Enough

    The Occupiers don’t do anything except hang around all day talking to each other (I know – I go by it several times a day). The few rallies they have actually held could have just as easily been (and probably were) populated by people who don’t sleep in the encampment. Why does their choice as to where to hang out trump the public’s right to enjoy the park?

    Two months in and their mission is no more coherent than it was and their protests are somewhat misguided. (Among other things, they should be protesting AT the schools who have burdened them with skyrocketing debt while delivering a poorer educaiton all while paying professors more $$$ to do less.)

    While I am at – good luck to the City next time they try to make the Tea Party or NORML or some other group pull a permit in order to hold a rally.

    • tsal

      enough – first I am not sure a few times walking by a day is a good way to get a true sense of what they are doing. second the news does not report what they do – only what they want to report in order to sensationalize. Did you know that occupiers walked for several hundred miles to washington to ask the supercommittee to protect the average american? Before you say it didn’t work – what have you done that did work?

      I don’t mind hearing the occupiers don’t do anything if it is from someone who is actually doing something – anything – but otherwise…………..

      And while I’m at it…………..your tea party freshman are now in the pockets of the lobbyists. Seems they found new friends in Washington rather quickly, doesn’t it?

    • Enough

      Hello Enough, I post under Enough also. Good point about protesting the schools

      • Enuff Z Nuff

        Sorry. I’ll choose another moniker…

      • Enough

        No apologies necessary, I’m happy to share the post name! It definitely fits a lot of these stories

  • tony butler

    Hopefully as the chief fears a huge fire will tear across the area. Nothing like fried deadbeats. I would laugh my ass off !! cross your fingers

    • tsal

      revolting – I can only assume are part of the 1%

    • gramps

      ‘fried deadbeats’….With a nice ‘Quianti’…

      & a few fries!


  • Italo

    I fear what this area will come down to looking or operating like, come our first major winter weather event or, for instance, during First Night Celebrations. What about the rights of those other folks, including non-occupying unemployed and Occupy Movement-sympathetic people, are trumped such that they cannot use the park area that the Occupy group is taking up these last several weeks?

    What if they decide to move their occupying space to Revere or Carson beaches or, say, to the Public Gardens? Let them try that and spoil the condo bay window front room views of Beacon Hill or Back Bay residents, and I wager you’ll see how quicker Mayor Meaningless will follow up on trying to move them.

  • sean

    They have worn out their welcome and the message has been lost. It isn’t free speech either, free speech gives them the right to say what they want, not stay where they want. As taxpayers are we expected to foot the bill when they call 911 because they have frost bite or caught pneumonia? Oh yeah, we probably are because they all probably have mass health too.
    Don’t get me wrong, I hate corporate greed, but the point was made and has now been lost so I think it’s time for everyone to go home and if they really want to make changes then they should run for office and make changes the right way.

  • tsal

    I asked before what it is that those complaining do not like about the Occupy group. I got one answer – they smell. So I’ll assume there are no real reasons. And do not say they don’t have an agenda because it is clear and the inability to comprehend it would not be their fault

    So I’ll try another question – what are you doing or what would you propose be done to fix the mess we are in? Complaining for the sake of complaining sure isn’t the answer

    • gramps

      There is ‘NO FIX’…..It’s ‘OVER’!

      Ya can’t fight the ‘demographics’.


      You’re too old to be still ‘assuming’, anything.

    • Enuff Z Nuff

      What is Occupy doing that couldn’t be done just as well without taking over Dewey Square? The Occupiers are not inconveniencing the “greedy corporate bigwigs” or the “corrupt politicians”. They’re depriving the average citizen the enjoyment of the park, costing the taxpayer A LOT of money, destroying the park, potentially putting public safety officials in harm’s way, and turning potential supporters, who might otherwise agree with their position, against them.

      What was a different (if not original) approach to protest has run its course. They can be just as effective (or ineffective, depending one’s viewpoint) doing ad hoc marches without the tent city.

    • njpro

      tsal, you keep asking for proposals. I have read several proposals, but AS USUAL, you don’t listen you just want to talk/complain. What you are doing is illegal, it is not free speech. Squatting in a public park is not free speech. Going to the park each day and speaking your mind is free speech. And oh by the way, try saying something in a way that people will understand and believe in.

    • response

      Don’t use the big banks and the big businesses that they dispise so much.
      Use a small credit union.
      Get rid of your ipad, ipod, or whatever it is- as steve jobs was one of the 1%.
      Don’t use big box stores, shop at your local store. Buy American.
      There are a lot of things these folks could be doing, but they would rather camp out for free and live off the city. I say, send them a property tax bill.
      There are jobs out there for these people, they have to be willing to work.
      They should not have their student loans paid off. I worked 40 hours a week driving a fork lift to put myself through state school and came out without loans.
      They should start by volunteering in their local communities to make that better and go from there.
      The mess the country is in? How to fix it? vote out anyone who has been in office more than five years and bring in people with ethics and accountabiltiy. Where is the oversight?
      It’s everywhere, local hospitals bill medicare for a family member who went for day surgery for a “special diet “…patient never ate while they were there?
      I could go on and on…there are so many things people can do to make this country better for everyone, people are just too busy thinking of themselves and the hell with everyone else.

  • Mikey Cyrus

    This is the best summarization of situation that I’ve heard yet:

    Bunch of cry babies. Wahh, someone has more stuff than I do, I’ll go sit in a park and cry about it.

    I’d like to be playing net for the Bruins. Think they should let me just to be fair? Or are the Bruins too greedy for not letting me? They should at least pay me for it.

    • anony-muss

      Great post! Yes they should let you play net, or else it’s just not fair waahh. :)Just like all kids get a trophy on the sports team. Well, the cops are making out like bandits with the overtime – does that make them now part of the “evil wealthy”?

      • Mikey Cyrus

        How about the corporations that make and/or sell tents? Kind of ironic that their sales have probably gone up a bit since this all started. I’m sure they charge a fair price for the products and don’t make enough of a profit to be considered greedy.

  • Gordon Wagner

    Concerned about OWS encampments? THEN INDICT THE @#$*ED BANKERS ALREADY!!!! Re-enact Glass Stegall immediately and PROSECUTE the revolving-door criminal elite who go from the Treasury Department to Goldman Sachs and who gamed and crashed the US economy!!! And that “corporate personhood” notion? THROW IT OUT THE WINDOW!!!

    • tsal

      Gordon – I think you have found a nest of people who approve of wall street corruption, corporate greed, wealth running the country – in other words a plutocracy which is what we are now living in. So far I’ve asked what people don’t like about OWS. One person had too long a list to name so went with they smell – if that was the most important point on his list then the rest has to be a doozer. So I asked what people would do and got there is nothing that can be done.

      See who you are trying to reason with :) All I can assume is every one of them loves the way this country is running and doesn’t see the need for anything further to be done. Same response the founding fathers got from the citizens of the colonies. Go figure.

  • defecating_heroes

    Liberal, Neo-conservative useful idiots and critics of Assembly, and frankly haters of truth and freedom, exist by feeding on the entrepreneurial, middle class.
    Which explains why the nation’s respect and admiration are with the dissidents being victimized by such Zionist apparachiks of the Fed, IMF and World Bank. And with the Anonymous and Wikileaks brigades.
    For they know, proletariat’s bad children and parasites will never admonish the Crony Capitalism feeding the latter’s addictions and narcissism. A special interest needful and earnest of all the hearty, steamy excrement patriots can provide. Sh!t and p!ss on, noble flea-baggers, lest the streets flow with blood.

  • A

    Give it a few more weeks.

    The temperature will drop to below freezing. The winds will pick up and who knows – snow.

    Let’s see how dedicated to their cause these fine young people really are then

    • Tsal

      A. You said the same with the huge rains and with the October snow At what point do you give them credit for lasting longer than you would have since the events you mention are obviously your breaking point

    • tsal

      A you also said before we had the heavy rain weeks ago that they would pick up and leave and then said it again before the Halloween snowfall. At what point do you give them credit for staying when you would have obviously already given up and gone home?

      • A


        Must have been some other “A” cause that wasn’t me saying that.

        But lets talk again end of February. If they all still are there, then I will give them credit for their persistency

  • JohnRalph

    Obama’s brand of socialism, which is an amalgamation of the Nationalist and Communist varieties despises America.

    Except Islamic America, which is an excellent example of both types since it is a religion that through Sharia Law controls every aspects of one’s life. Virtually enslaving the believer.

    National SOCIALIST German WORKERS Party, referred to in English as the NAZI Party (Hitler’s socialism for the German ‘Teutonic’ Race). In reality though no different than the left’s socialism.

    Like Stalin, for the white Russians, or Pol Pot, for the Khmer Rouge, or Ho Chi Minh, for the Viet Minh, or Mao, for the Han Chinese.

    Socialist Gods that brought death and misery to tens if not hundreds of millions of humans.

    Let us not forget our SOCIALIST God, Mein Lord God High Führer Obama, for America’s liberal elite, Muslims, OWS and welfare voters on the dole.

  • vb

    I’m with Tsal here, I really can’t comprehend what you people hate about the occupy movement. Are they getting in your way personally? Are they standing for something you don’t agree with (i.e do you agree with the way the finances in this country are run?) and if your point is just ,”they aren’t achieving anything,”
    well what would you rather they do, and what are YOU achieving by moaning about them staying there and continuing your life. Will is take the economy completely being run into the ground, and your OWN finances being totally shot before you actually give a damn and do something?

    • tsal

      Hi vb – haven’t seen you in a while – great comment!

    • A


      May I answer your question with a question ?

      What are THEY achieving by living in tents around the country ?

      Personally I support their right to protest. Personally I don’t believe they are achieving a thing. Except turning the majority of the people who they claim they protest for, against them.

      This they do very well through increased crime in the camps, drugs and inconvinience traffic wise. Not to mention the fire hazard the Fire Marshall describes in the article above.

      They are not achieving any change in the financial sector. They are not achieving any change in the job sector.

      Which is not entirely true. They are generating jobs such as Police overtime. which in turn comes out of my pocket which hmmm, isn’t that one of their many undefined agendas, – to prevent and stop mismanagement of public funds on stupid stuff ?

  • http://boston.cbslocal.com/2011/12/01/3-occupy-boston-protesters-arrested-after-dispute-over-kitchen-sink/ 3 Occupy Boston Protesters Arrested After Dispute Over Kitchen Sink « CBS Boston

    […] events come as a judge considers whether to give the city the right to evict protesters from Dewey Square. They have been there for […]

  • casper

    I have attended three forums in the past six weeks that were made up of top business managers in different industries. At all three one of the topics discussed was the protests. Attendees felt that they would not only continue through the country but would increase. All made it clear that their business practices should not be something that the protestors can use to discredit them as a business.

    The protestors have only been in the public eye for a few months and already they have the attention of top business leaders.

  • http://boston.cbslocal.com/2011/12/07/judge-sides-with-city-denies-occupy-boston-restraining-order/ Judge Sides With City, Denies Occupy Boston Restraining Order « CBS Boston

    […] Boston lawyers had asked for a permanent restraining order, arguing that the city of Boston should not be allowed to evict protesters without a […]

  • http://cbsboston.wordpress.com/2011/12/08/menino-orders-occupy-boston-to-vacate-dewey-square-by-midnight/ Menino Orders Occupy Boston To Vacate Dewey Square By Midnight « CBS Boston

    […] Boston lawyers, however, had asked for a permanent restraining order, arguing that they were protected by the First Amendment and the city of Boston should not be […]

  • http://boston.cbslocal.com/2011/12/08/menino-orders-occupy-boston-to-vacate-dewey-square-by-midnight/ Menino Sets Midnight Deadline For Occupy Boston « CBS Boston

    […] Boston lawyers, however, had asked for a permanent restraining order, arguing that they were protected by the First Amendment and the city of Boston should not be […]

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