[Via ACLU website]
Civil rights advocates seek protection for peaceful protest at Occupy Boston
FOR IMMEDIATE RELEASE
Tuesday, November 15, 2011
CONTACT:
Chris Ott, Communications Director, ACLU of Mass., 617-482-3170 x322, cott@aclum.org
Howard Cooper, Todd & Weld LLP, 617-720-2626
BOSTON — Civil rights attorneys from the National Lawyers Guild and the American Civil Liberties Union went to court today
seeking to protect the rights of free speech, assembly, petition, and association for demonstrators at Occupy Boston in Dewey Square, in light of the heavy-handed police crackdowns in recent days on Occupy Wall Street protesters in New York, Portland, Ore., and Oakland, Calif.
“The Greenway is a public park and traditional open public forum and, as such, is a place where rights of free speech and assembly are paramount,” said Howard Cooper, an attorney from Todd & Weld, who filed the suit as a cooperating attorney with the National Lawyers Guild-Massachusetts Chapter and the ACLU of Massachusetts.
“It is unreasonable to suddenly and forcibly oust peaceful protestors from streets, sidewalks, and parks that have long been used as places for peaceful expression,” said Cooper.
The suit, filed in Superior Court, seeks a Declaration from the Court recognizing the right to peaceful protest and assembly under the U.S. Constitution and the Massachusetts Declaration of Rights, as well as an injunction to prevent police from staging another night-time raid, such as the one that began Oct. 10, 2011 and continued into the early morning hours of Oct. 11, when the Boston Police conducted a mass arrest of 141 people in the middle of the night.
Although Boston police have said that they have no plans “today” to evict the Occupy Boston protesters, Boston Police Department spokesperson Elaine Driscoll told boston.com that, “It’s difficult to say what will happen moving forward, but we will make those decisions on a daily basis.”
Meanwhile, a BBC report aired on WGBH this morning suggests that the recent crackdowns in other cities may be part of a coordinated effort. Oakland Mayor Jean Quan said that she participated in a conference call with leaders of 18 cities shortly before the latest wave of raids targeting Occupy Wall Street encampments across the country were launched, although she didn’t mention Boston by name.
“What happened in Boston on the night of October 10th when the police prevented hundreds of peaceful protesters from exercising their constitutional rights could be viewed as an indication of the City’s sentiments,” expressed Urszula Masny-Latos, Executive Director of the NLG, Massachusetts Chapter. “It seems like the Courts declare our rights; however, it is up to the Mayor and the police to decide who can exercise them, when, and how.”
“The right to peaceable assembly and protest is critical to our democracy,” said Carol Rose, Executive Director of the ACLU of Massachusetts. “We urge the Court to issue a clear statement that, in America, the public streets and parks belong to the people, and the rights to peaceful protest and assembly will be protected.”
Legal Documents
6 Responses to “ACLU and NLG File Suit to Protect Occupy Boston”
“A hearing on this case will be held Wednesday, November 16 at 10am in Room 1008 in Suffolk Superior Court (3 Pemberton Square, near State House and Boston City Hall) before Judge McIntyre”
If at all possible, get someone from camp in that room with a video camera.
on November 15th, 2011 at 4:34 pm #
[…] original post here: ACLU and NLG File Suit to Protect Occupy Boston This entry was posted in Boston, News and tagged aclu, america, boston, news, news and […]
At least 18 individuals (including Bloomberg and Quan) have conspired to violate the civil rights of a large number of US citizens..
Title 18, U.S.C., Section 241
Conspiracy Against Rights
This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).
It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured.
Punishment varies from a fine or imprisonment of up to ten years, or both; and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life, or may be sentenced to death.
Be careful what you ask for. The courts might rule that you don’t have a first amendment right to occupy public/private space at the exclusion of others as they did in NYC
To anyone who reads this – please sign my petition, thanks
https://wwws.whitehouse.gov/petitions/!/petition/publicly-acknowledge-occupy-wall-street-movement-nonpartisan-movement-here-stay-until-real-change/QxXBqJTp
No one is saying that Occupy Boston can not show up and protest whenever they want, even though Boston as far as I know (from the media) has let you guys have marches without getting the proper permits, etc. The only restriction I see the city government in Boston and other cities across the country doing is saying you can’t camp out. I’m not a lawyer, but that does not seem like they are restricting your rights to free speech, only telling you can’t set up camp wherever you want and fuck up traffic everyday you march. I have been caught in standstill traffic (the days I couldn’t take the “T”) a few times because of the protests. This isn’t winning the movement many friends.