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Occupy L.A. Protesters Defy Eviction Efforts, Head To Court

Occupy Los Angeles

AP/The Huffington Post   First Posted: 11/28/11 08:15 PM ET Updated: 11/28/11 08:31 PM ET

By CHRISTINA HOAG and GEOFF MULVIHILL, Associated Press

LOS ANGELES (AP) -- For now, Wall Street protesters camped out on the Los Angeles City Hall lawn still have their tent city after defying a deadline to pack up and clear out. "Still occupied," read the sign of a protester up in a tree.

Hours after emerging from a possible confrontation with police largely unscathed on Monday, demonstrators turned to the federal courts to keep officers away.

(SCROLL DOWN FOR LIVE UPDATES)

They are arguing that the City Council had passed a resolution in support of Occupy Los Angeles and that the city's mayor and police did not have the authority to evict them.

The chances that protesters will get an injunction appear slim, constitutional experts say.

Until there is a decision, the tent city's inhabitants are left to wonder if and when police will push them out -- and if there will be the kind of violence that has engulfed evictions in other cities when they do.

City officials say they will only move in on the camp when conditions are safest not just for protesters and officers but also the roughly 100 homeless people who had joined the encampment.

"There is no concrete deadline," LAPD Chief Charlie Beck said after hundreds of officers withdrew without moving in on the nearly 2-month-old camp.

The effort should come "with as little drama as possible," Beck told reporters.

Police and protesters have clashed elsewhere in recent weeks, most notably in Oakland, Calif., as officers cleared away camps that officials say have grown more dangerous for public health and safety.

Nine people were arrested in Maine on Monday after protesters at an encampment took down their tents and packed their camping gear after being told to get a permit or move their shelters.

Some of the encampments had been in use almost since the movement against economic disparity and perceived corporate greed began with Occupy Wall Street in Manhattan two months ago.

With each passing week, it seems a city moves in to close a camp. Like Los Angeles, Philadelphia officials imposed their own deadline for protesters to move to make way for a construction project.

On Monday, however, the camp was still standing.

In Los Angeles, protesters had prepared for police action since city leaders announced last week that the camp would be cleared. Campers had packed up about half of the nearly 500 tents.

Some protesters carried gas masks and one had even fashioned one out of duct tape and a plastic bottle.

Some activists had built a tree house out of wooden pallets in a clump of palm trees to make it more difficult to be arrested, while others just sat in a circle with their tents in the plaza.

"I definitely expected to be in jail by 3 a.m.," said Sean Woodward. "I'm happy we're still here."

Protesters chanted "we won, we won" as police left after only four arrests during a largely peaceful, six-hour demonstration against the eviction. The arrests were on charges of failure to disperse.

Instead of moving in to clear the camp, as had been expected, police concentrated on clearing several hundred protesters who had spilled into the street so morning rush-hour traffic would not be affected.

Hours later, several demonstrators asked a federal judge for an injunction against the city.

The civil rights complaint contends that Mayor Antonio Villaraigosa usurped the City Council's authority when he set a deadline of 12:01 a.m. Monday for the tent-dwellers to disband.

The council passed a resolution of support for the occupiers in October that effectively allowed them to remain on the lawn despite a city ban on overnight camping, the complaint argued.

"The City Council welcomed them with open arms and said they could stay as long as they want," said Jim Lafferty, executive director of the Los Angeles chapter of the National Lawyers Guild.

"The mayor simply does not have the authority to do this," he said.

The city attorney's office had not been served with the complaint and could not comment on it, spokesman John Franklin said. However, he said the city was prepared to oppose any injunction.

"We'll be in court," he said.

Constitutional law experts were skeptical of the injunction's chances.

The U.S. Supreme Court has held that while public parks can be used for protests, they are for the use of all people, not just one group, and that governments can restrict how a park is used for free speech purposes.

"Parks are open to free speech, but that's not a place they can authorize as their own home," said Eugene Volokh, a First Amendment expert at the University of California, Los Angeles, School of Law.

___

Mulvihill reported from Philadelphia. Associated Press writers John Rogers and Andrew Dalton in Los Angeles, Kathy Matheson in Philadelphia, and Glenn Adams in Augusta, Maine, contributed to this story.

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Via HuffPost Miami:

When an Occupy Miami member offered evicted protestors vacant apartments in a building he owns in Downtown Miami's Overtown neighborhood, it seemed like the perfect solution: the 'Peace City' space would provide headquarters for the movement and shelter a small faction of the group's most vulnerable members. But it hasn't gone well. Other tenants say the building has become a cesspool of drug use and violence while non-resident Occupy Miami members are trying to distance themselves from the 'radicals' -- all while the two factions are wrestling for control over Occupy Miami's social media sites and future plans.

From the Miami New Times:

The feud between the Overtown occupiers and more mainstream members has only gotten worse. The two factions are now battling for control of Occupy Miami's social media sites. The movement's main Twitter account recently announced it had been "hijacked by a small, non-consensus group of radical members." The Occupy Miami Facebook page was also temporarily hacked by someone inside Peace City. Meanwhile, the Overtown occupation is slowly driving away more moderate members.

"This is a black eye on the Occupy movement," says Shannon Reaze, an Overtown community organizer and Occupy Miami supporter who is now helping tenants move out of Paz's building. "The violence and drugs going on here are way outside of what I thought Occupy stood for. This place is destabilized."

...The supposedly hard-core activists here spend their days drinking and getting high. And as Peace City devolves into lawlessness, the most committed occupiers are leaving. Local landowners and politicians want the place shut down, while cops are suspicious. Yet as long as Paz wants the protesters around, nothing short of a demolition order can keep them out.

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Via HuffPost DC:

WASHINGTON -- Occupy DC has a new lawsuit involving tents on its hands. But it doesn't involve temporary structures in McPherson Square.

Two protesters arrested during a February action outside Merrill Lynch's offices on 15th Street NW near McPherson Square have filed suit against the Metropolitan Police Department, Legal Times reports. (Read the complaint here.)

The plaintiffs, Samuel Dukore and Kelly Canavan, were part of a "targeted occupation" of Merrill Lynch on Feb. 13 where protesters were raising awareness about Merrill Lynch's reportedly close ties with Rep. Darrell Issa (R-Calif.). Issa, for his part, claims that the reports of these close ties are "wildly inaccurate."

Full story here.

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OWS reports via its website:

After the brutal attack on the attempted re-occupation of Liberty Square by NYPD on the 6-month anniversary of #OWS, a number of Occupiers have relocated their base of occupation to Union Square in midtown Manhattan, a point of convergence for several #OWS protests over the past 6 months.

According to reports on the ground, several dozen people slept in the park after the illegal and violent raid on Liberty Square. Over 70 people remain, now on Day 3. Although tents and tables are still banned, Occupiers have brought blankets and sleeping gear. Many are calling it ¨the new Occupation.¨ In addition to holding General Assemblies, Union Square Occupiers are providing vital jail support for those arrested on #M17 as they are released from NYPD custody. So far, the NYPD has made no attempt to remove Occupiers or prevent them from sleeping in the park.

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Occupy Long Beach is defending the mother's home. For more information, click here.

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The woman had the apparent seizure has been identified by the New York Observer as Cecily McMillan:

Cecily McMillan, an Occupy Wall Street activist once profiled in Rolling Stone, suffered a seizure Saturday night during protest action near Zuccotti Park. Many on-scene reported Ms. McMillan had trouble breathing after she was tackled and handcuffed by law enforcement.

A video uploaded to Youtube late Saturday night purports to show the attack. Two women can be heard commenting, “There’s Cecily,” then there is confusion as the police clearly perform a violent take-down on someone in the crowd.

According to Jeff Sharlet’s November, 2011 article about the Occupy Movement, this may be Ms. McMillan’s second violent encounter with police.

To read the full story, go here.

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Cops caught on video about 10 seconds in taking down the woman who had the apparent seizure:

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Watch video from inside Zuccotti Park as police moved in late last night:

- Show quoted text -

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The paper reports from last night's chaos at Zuccotti Park:

At one point, a woman who appeared to be suffering from seizures flopped on the ground in handcuffs as bystanders shouted for the police to remove the cuffs and provide medical attention. For several minutes the woman lay on the ground as onlookers made increasingly agonized demands until an ambulance arrived and the woman was placed inside.

By 12:20 a.m., a line of officers pushed against some of the remaining protesters, forcing them south on Broadway, at times swinging batons and shoving people to the ground.

Kobi Skolnick, 30, said that officers pushed him in several directions and that as he tried to walk away, he was struck from behind in the neck. “One of the police ran and hit me with a baton,” he said.

To read the full story, go here.

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@ Greg_Palast : Our photographer ZD Roberts beaten @OWS Zucotti Park by cops. Thrown to ground, hair grabbd, hit with clubs while yelling, I'M PRESS PRESS!

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@ macfathom : Doubling east on Barclay, and now the ragged front of the march is at City Hall. #OWS

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@ LuddoftheFuture : girl in the street having a seizure and the cops have her in handcuffs. can this get any worse (live at http://t.co/4pLyy3gP)

Activists cry out for paramedics. The woman is limp on the ground. "Come on you violent bastards where's the paramedics?"

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@ jeffrae : March is heading north up broadway #ows #occupywallstreet

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@ macfathom : Dozens of arrests, many cuffed and sitting on broadway waiting for their ride to jail. #OWS

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@ RDevro : Police are barricading the park. It's cleared. I witnessed countless violent arrests. No way to estimate numbers.

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@ troutish : Protesters being dragged out by the head at #OWS #Zucotti Park http://t.co/qomhKkrA

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Cops pulling apart human chains. There are shouts for mic checks. Now, chants start forming. "The NYPD are sweeping through," says Tim on the live stream.

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@ ANIMALNewYork : Police are moving in. It's chaos.

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@ ANIMALNewYork : NYPD just made an announcement that Brookfield has to "clean the park" and Liberty Plaza is officially "closed."

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@ OccupyWallStNYC : Bagpipers just started marching into the park bringing the party mood with them, NYPD arrested one of them, and things got real heated. #OWS

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@ JackieHRye : NYPD just "destroyed" the tent in Zuccotti Park, Occupiers call for its re-building. Marching band also going through the park. #OWS

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@ RDevro : The tent in the middle of the park continues to fill with people planning to stay the night. Lots of energy here.

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Activists ask for more room as the tent is growing, expanding.

"It looks like a floating tent." -- as Tim on his live stream.

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Owly Images

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@ OccupyWallStNYC : .@justawall is leading us in a song! "Hit the road, banks! And don't ya come back no more no more no more no more!" #OWS

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Activists have assembled make-shift, cardboard sleeping areas inside Zuccotti Park. The cardboard is joined by a large green tarp.

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@ RDevro : A tarp is going up in Zuccotti as protesters march around the park chant-dancing. #m17 http://t.co/rJfP3GF9

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FOLLOW HUFFPOST LOS ANGELES

By CHRISTINA HOAG and GEOFF MULVIHILL, Associated Press LOS ANGELES (AP) -- For now, Wall Street protesters camped out on the Los Angeles City Hall lawn still have their tent city after defying a d...
By CHRISTINA HOAG and GEOFF MULVIHILL, Associated Press LOS ANGELES (AP) -- For now, Wall Street protesters camped out on the Los Angeles City Hall lawn still have their tent city after defying a d...
 
 
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03:00 AM on 12/05/2011
AXJ LA : OCCUPY LOS ANGELES REJECT NATIONAL DEFENSE AUTHORIZATION ACT
07:37 AM on 12/01/2011
too busy making money to give a fu'k...my lil ones respect hustle.
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Deepelem90
Alleged Christians are the least christian people
03:07 PM on 11/30/2011
WOW........An OWS thread full of GOTeaPer's.

Let me be the first to thank you for being so interested in the movement and bringing so much attention to the OWS movement.
HUFFPOST SUPER USER
beardown
11:55 AM on 11/30/2011
They should cut those trees down!!
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HUFFPOST SUPER USER
aspman07
QQ more
06:52 AM on 11/30/2011
All of these Obamavilles will be closed down soon. The unemployed hippies will go back to mommies basement, smoking it up.
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HUFFPOST SUPER USER
Dawn Rodriguez
When your work speaks for itself, don't interrupt
11:49 AM on 11/30/2011
Wow, more inane Fox talking points. We need separation of corporation and state. Come spring, there will be more protesting, until corporations are run out of government.
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HUFFPOST SUPER USER
aspman07
QQ more
05:10 PM on 11/30/2011
Sorry to burst your bubble there skippy, your lil OWS crowd are losing support more and more with ech passing day. There won't be a spring for OWS.
HUFFPOST SUPER USER
Andrew Nutra
12:22 AM on 11/30/2011
The unemployed and the homeless are the ones you should be targeting. Working Americans are just glad to have a job and will be damned if anyone lectures them on how to spend their money. By targeting the unemployed and the homeless, you're reaching out to people with more time on their hands and who will have the most to gain. Best bet is to rally up the homeless and occupy unemployment offices.
HUFFPOST SUPER USER
Andrew Nutra
12:20 AM on 11/30/2011
It's over OWS. You should have kept your stand at Zuccotti Park, the original site of your protest. When the cops came you left without a struggle. Way to rally the troops. Take THAT credibility and momentum. Thousands of supporters have turned to dozens and it's still Fall! Can't imagine what kind of turnout you'll get in the winter.
garystartswithg
el sueno de la razon produce republicans
12:36 AM on 11/30/2011
are you a meth addict or do you just ramble nonsense naturally?
10:11 PM on 11/29/2011
Even on the Huffington Post one must search for stories on these ma ggo ts... It doesn't even show up on the MSM....
HUFFPOST SUPER USER
pyro
Fire in the kilns, lets fill all empty bowls.
12:03 AM on 11/30/2011
You didn't get mad
when the Supreme Court stopped a legal recount and appointed a President.

we illegally invaded a country that posed no threat to us.

when we spent over $800 billion (and counting) on said illegal war.

when Bush borrowed more money from foreign sources than the previous 42 Presidents combined.

when over 10 billion dollars in cash just disappeared in Iraq.

when you found out we were torturing people.

when Bush embraced outsourcing policies that shipped 6 million American jobs out of the country.

government was illegally wiretapping Americans.

we didn't catch Bin Laden.

when Bush rang up 10 trillion dollars in budget and current account deficits.

when you saw the horrible conditions at Walter Reed.

when we let a major US city drown.

we gave the filthy rich, over a trillion dollars in tax breaks.

when over 200,000 US Citizens lost their lives because they had no insurance.

You didn't get mad when lack of oversight and regulations from the Bush Administration caused US Citizens to lose 12 trillion dollars in investments, retirement, and home values.

You finally got mad when a black man was elected President and decided that people deserved the right to see a doctor if they are sick. Yes, illegal wars, lies, corruption, torture, job losses by the millions, stealing your tax dollars to make the rich richer, and the worst economic disaster since 1929 are all okay with you, but helping fellow Americans who are sick...No!
__________________
12:22 AM on 11/30/2011
You didn't get mad
when the Supreme Court stopped a legal recount and appointed a President.

(Numerous news organizations conducted independent recounts; Bush won)

we invaded a country that posed no threat to us.

(When Iraq violated multiple provisions of the Gulf War surrender EVEN Bill Clinton said Saddam Hussein should be removed. Designating and firing on U.S. Aircraft is an act of war)

when we spent over $800 billion (and counting) on said illegal war.

(Democrats voted FOR the war as well)

when Bush borrowed more money from foreign sources than the previous 42 Presidents combined.

(And Obama has quadrupled that in just three years)

when you found out we were torturing people.

(Waterboarding assisted in our forces finding OBL - Leon Panetta)

when Bush embraced outsourcin­g policies that shipped 6 million American jobs out of the country.

(Outsourcing beganwith Bush??? Who overregulated businesses forcing the outsourcing and who wishes to help businesses??)

government was illegally wiretappin­g Americans.

(Obama has continued this with Democratic support)

we didn't catch Bin Laden.

(We did)

when we let a major US city drown.

(I wasn't aware your me s s iah Obama couldstop hurricanes)

we gave the filthy rich, over a trillion dollars in tax breaks.

(When the Democrats held the White House, the House AND the Senate a revision of the tax code was NOT EVEN brought up)

when over 200,000 US Citizens lost their lives because they had no insurance.

(LINKS???)

Anything else, this is fun....
HUFFPOST SUPER USER
Andrew Nutra
12:29 AM on 11/30/2011
I get mad. But I also know that camping and drumming 24/7 is a waste of time and effort.
HUFFPOST SUPER USER
Andrew Nutra
12:28 AM on 11/30/2011
HP used to have OWS stories firmly placed in the middle column, somewhere around the middle. Now to get to the OWS stories you'd have to click the main OWS button on the upper right where it would lead you where all the stories are dumped.
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HUFFPOST SUPER USER
SocialD7
"truth, justis and...all of that stuf"
09:35 PM on 11/29/2011
HEADS UP OCCUPY LA: VIA TWITTER

MekahloNBCLAMekahlo Medina NBCLA

LAPD setting up some sort of "operation" for possible mass arrests at Dodger stadium. LAPD refuses to confirm or deny what Newschopper 4...

VIA TWITTER
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Los Pepes
fearless bon vivant
08:30 PM on 11/29/2011
I stopped in to see the OWS group in Charlotte on a recent visit. I happened along while they were having a meeting of all of the protesters living in the camp I counted eleven people with twenty-five tents -obviously trying to create an impression of greater numbers.

During the meeting I happened in on they were discussing what to do with the large pile of garbage they had accumulated. The bright idea they settled on was to carry it to a dumpster of a nearby business never even considering that that they are not paying for the dumpster and have no right to use it or that they could be fined for doing so.
08:52 PM on 11/29/2011
Typical of the ows mentality.
08:23 PM on 11/29/2011
It could happen; The Siege. You leave, you cant get back in, no one allowed in. No services allowed. It's only a matter of time. Time will start running out.
05:34 PM on 11/29/2011
Hard to take a grown man seriously when he's living in a tree in a city park.
This user has chosen to opt out of the Badges program
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05:55 PM on 11/29/2011
Educated in the CA school system... What do you expect?
10:10 PM on 11/29/2011
He got all A's in California's public schools major topics... Anti-Bullying, G ay Super Heroes in History and a winner of the CA state spelling bee... He correctly spelled LGBT...
RightRealDeal
Keep The Change
04:24 PM on 11/29/2011
The picture tells it all....and who didn't know where "Tree Hugger" came from
04:10 PM on 11/29/2011
The police keep putting on their riot gear and trying to stop the OWS movement. But, civil unrest worldwide is proving to be a strong force to reckon with given our current global financial state. In other news, the big whigs stay fat and healthy without a care. Jeez, if this current financial fall out is not enough evidence of the true motives and inner-workings of the top 1%, I don't know what is.
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Esther21072011
I'm one of the 53% that pays taxes
04:08 PM on 11/29/2011
They can't even get on the front page of HuffPo - TOAST