BOSTON (CBS) – A judge lifted a restraining order on Wednesday that could have prevented the city of Boston from evicting Occupy Boston members from their encampment at Dewey Square.

Suffolk Superior Court Judge Frances McIntyre ruled that “while Occupy Boston protesters may be exercising their expressive rights during their protest, they have no privilege under the First Amendment to seize and hold the land on which they sit.”

The 25-page ruling goes on to say “(occupation) is viewed as a hostile act, an assertion of possession against the rights of another… as a matter of law, is not speech.  Nor is it immune from criminal prosecution for trespass or other crimes.”

Read: Full Court Ruling (.pdf)

Occupy Boston lawyers had asked for a permanent restraining order, arguing that they were protected by the First Amendment and the city of Boston should not be allowed to evict protesters without a hearing.

WBZ NewsRadio 1030’s Bernice Corpuz reports

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

Mayor Menino issued a statement applauding the court’s decision.

“Our first priority has always been and will always be to ensure the public’s health and safety,” it read. “As outlined in the court proceeding and affirmed in the judge’s ruling, the conditions at Dewey Square have deteriorated significantly and pose very real health and safety risks.”

WBZ-TV’s Christina Hager reports

The Mayor ended the statement with a seeming threat as he urged protesters to remove their tents.

“The city will act appropriately to fulfill our duty to preserve the public’s peace and safety,” the statement read.

A member of Occupy Boston said of a possible eviction, “We’re ready. We’ll be here. If they want to take this place down, they’ll have to take all of us with it.”

Comments (31)
  1. yamstar1 says:

    Time to pack up the sleeping bag and the bong. Back to Mommy’s basement. Don’t forget to tell her to cut the crusts off your pb & j sandwich. By the way, Mickey D’s is always hiring.

  2. David says:

    I have never understood exactly what this “occupation” was accomplishing in the first place.
    I know many of you will disagree with this. If that is the case, perhaps you would not mind them setting up in your front lawn for the winter.

    1. roudydowdy says:

      To bad you missed the boat on understanding the occupy movement David. I would love to host them in my front yard or my back yard but I don’t think they would get the desired media exposure here.

    2. Tsal says:

      They can are up on my front lawn or my back lawn. They are now moving to occupy your house. If you didn’t watch 60 minutes last Sunday please take the time

    3. revolution#9 says:

      David, it’s to bad that you missed the boat on the occupy message. I would love to host most of those fine protesters in my front yard or my back yard but I don’t think they would get the desired media exposure here.

  3. goardhead says:

    WBZ, Why don’t you post comments?

  4. revolution#9 says:

    WBZ, why don’t you explain why you censure comments?

  5. goardhead says:

    Post a comment here if you are in complete agreement with WBZ and CBS and there mother conglomerate corporation.

  6. Tsal says:

    I’ll go in. Why do you have a blog if you have it so poorly set up that comments do not post. Do you have so little regard for your viewers that it doesnt bother you when they spend time creating a post only to have it never show up. Or don’t you even bother to read our comments?

    1. revolution#9 says:

      Tsal leave Jon alone he’s trying to think of his next brilliant pontification.

      1. tsal says:

        Nah I like Jon

  7. ggramps says:

    ‘Ther’re trying to make a ‘moonbat’ free zone….

    It’s a work in progress

    Go home to MSNBC


    1. roudydowdy says:

      @ Gramps At your age you’re still using third grade name calling?

      1. ggramps says:

        Evening ‘Apple-pan-dowdy’,

        Your ‘PC’ness is showing….You should wear darker colors & ‘no belts’!

      2. gramp's says:


        At my age, that’s ‘ALL’ that’s left!

  8. graaamps says:


    ‘Ther’re trying to make a ‘moonbat’ free zone….

    It’s a work in progress…

    Go home to MSNBC.


  9. P says:

    Nah nah nah nah nah nah nah nah nah,hey hey hey GOODBYE!

  10. dan says:


  11. getout says:

    Good Get out and stay out. Stop wasting our money!

    1. shotime says:

      “… If they want to take this place down, they’ll have to take all of us with it.” So, when it ends with the police having to use force, they’ll have no one to blame but themselves.

    2. tsal says:

      get out – wasting our money is an interesting comment. What do you think government is doing when they give more and more to the wealthy and to big business. Seems the comments/criticism here might be better spent on protesting the mess Washington is in. I’d love to know how a small group of protestors bothers everyone so much and yet the greed and corruption in our elected officials doesn’t receive a fraction of the criticism from bloggers.

      1. Mikey Cyrus says:

        Gov’t gives/wastes to much more than big businesses. The problem is everyone wants their own handout. Politicians want people to like them so they can get votes, so they are happy to give out the money. If they cut funds when they should then everyone hates them.

        Would have been better if instead of bailing out the banks, they paid off the mortgages for the folks that were taken advantage of. Or instead of bailing out the automakers, they paid off the vendors that were owed money by them.

        If this was a protest against government spending and financial mismanagement, I would be all for it.

  12. shotime says:

    “…If they want to take this place down, they’ll have to take all of us with it.” So when it ends with the police having to use force, they will have no one to blame but themselves!

    1. blackbear1 says:

      Oh please!!!!!

  13. beenworkingsinceage10 says:

    The military is always hiring.These occupiers with the long hair and beards can get a free haircut at the military ‘welcome centers’ along with a shower.Plus,they have tents you can use,MRE’s,and college tuition after your hitch is up.You didn’t have to take out all those expensive,nasty college loans after all! Now go home and use that “education” to figure out how to get a job,pay your loans,and stop blaming someone else for your situation.

    1. tsal says:

      Really? The military enlists and then spits its veterans onto the streets – one of the growing groups at the occupy locations is veterans – who have no place to go.

      1. Patricia says:

        I disagree with your blanket statement TSAL. “who have no place to go”, where are their families, homes? Where were they before? I’m curious as to why you would make such a blanket statement with no facts to back it up.

  14. Mikey Cyrus says:

    The important part here is the court did not say they cannot protest, only that they cannot camp out. I will support them if they remove their tents and continue protesting, which will take a considerable more amount of work. But if they wrap up and end it all then they will confirm the suspicion of many that they are just crying for free bees, and they are at the bottom of whatever percentile due to their own actions, not Wall Street or anyone else.

    1. tsal says:

      Mikey C – there are other places they are protesting besides in the city

      I’m thinking one answer would be to pitch those tends in Washington and make them the new quarters for the politicians until they can figure how to act like adults.

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