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Jeff Norman

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When OWS Protesters Become Trespassers

Posted: 10/14/11 05:45 PM ET

Is fighting economic injustice such a righteous pursuit that it entitles Occupy Wall Street (OWS) protesters and their disciples to indefinitely control whatever space they invade? Even though the whole movement is centered around the word "occupy," deciding which property to take over, or how long to monopolize it, doesn't seem to be based on any guiding principle. Occupiers need to clarify what, in their eyes, makes terrain seizable.

The owners of Zuccotti Park in New York are apparently authorized to prohibit camping and similar activities, and yesterday they gave entrenched demonstrators a day's notice to vacate the park long enough for workers to clean and inspect it. Thereafter, they warned, only those who obey park rules will be allowed to use the premises.

The decision announced early this morning to postpone the scheduled cleaning, made no mention of those rules.

The protesters say the City of New York should neither enforce the rules nor "evict" occupiers from the park. But what they haven't explained is how the police could legally or morally justify ignoring a property owner's trespass complaint.

Although occupiers pride themselves on adhering to a strict and democratic decision-making method, it's not clear how -- or if -- that procedure honors the wishes of park owners, besieged neighbors and various non-OWS users of the park.

The movement's overall mission has great legitimacy, but its land grabbing policy requires some elucidation.

This article was also published by U.S. Tour of Duty and CitizenJeff.com.

 

Follow Jeff Norman on Twitter: www.twitter.com/citizenjeff

 
 
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HUFFPOST SUPER USER
Jondrea Smith
untied dog in a dogmatic society
02:19 PM on 10/21/2011
I don't think anybody would in Zuccotti Park would begrudge the owner's due process, IF they'd been afforded that same due process in the past. You seem to forget that civil disobedience comes after a breaking point has been reached, but just before frustration turns into rage. It was perfectly legal once upon a time to deny blacks entry to a lunch counter, or to beat Native American children who would not stop speaking their language or chose not to cut their hair. It used to be legal to commit all sorts of atrocities against our fellow man, and those things would still be legal had people not decided that legality did not define their morality. The Occupy movement is taking the biggest gamble of all because it is presenting its case to the court of the mind and heart. If there was nobody on the ground, in the rank and file of humanity, that supported these actions then they would've dissipated in no time but the fact that they remain is evidence in and of itself that they've tapped into something larger than the law.
07:29 PM on 10/21/2011
I think they got lucky.

When they squatted in Zuccotti Park they didn't know public from private, or about NYC law.

Because no one had ever attempting to "occupy" a private public square before, the rules of legal engagement were vague to the owners and the city.

So it has delayed the owner's "deoccupation" process.

But it's clarifying itself: Given the drama downtown, it’s unlikely that this vagueness will last much longer. In fact, the Real Estate Board of New York is reportedly preparing to ask the city to endorse universally applicable rules prohibiting future Occupy Wall Street-style use of public space, along with the automatic right to close all spaces at night.
http://www.nytimes.com/2011/10/20/opinion/zuccotti-park-and-the-private-plaza-problem.html
01:38 PM on 10/17/2011
‎"The liberty of a democracy is not safe if the people tolerate the growth of private power to a point where it comes stronger than their democratic state itself. That, in its essence, is fascism - ownership of government by an individual, by a group." -Franklin D. Roosevelt
12:43 PM on 10/17/2011
Where are the public properties that we can protest on? .... Oh wait we need permits for that ... Denied!!!!..... If everything is privately owned, which is what the 1% want, they deny us the 1st amendment ... Oh wait, lets make an amendment to repeal that too .... Private property owners (1%) have more rights then we do .... Enough is enough .... We need to make a stand somewhere .... Just saying .... Power To The People !!!! ....
05:53 PM on 10/21/2011
There are many public properties on which you may actually protest. None permit overnight occupation.

http://www.nyclu.org/content/know-your-rights-demonstrating-new-york-city
11:41 AM on 10/16/2011
Is fighting economic injustice such a righteous pursuit that it entitles Occupy Wall Street (OWS) protesters and their disciples to indefinitely control whatever space they invade? yes, of course.
11:55 PM on 12/01/2011
so if they suddenly decide to protest on your front lawn and backyard you'd be okay with it?!? I highly doubt it, you talk but would never actually act
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ebanks84
Grandma knows best!
09:12 AM on 10/16/2011
Space per se should be the "people's" right to occupy. No business or corporate entity should control anything outside of their building. Space should be free to habitate by any and all people at all times. And until man decided he wanted to gorilla everything he put his hands on, space "was" FREE. Now we have to pay a price to walk, run, trot, crawl, or ride in varying spaces because man decided to put his greedy hands on group space.

That's exactly why this revolution is in full swing right now because the greed of man has gone overboard and must be stopped.
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HUFFPOST SUPER USER
LynnW49
"A great democracy must be progressive." TR
05:51 PM on 10/15/2011
When you don't "own", and when those who "own" can be coerced into denying space for dissent, you really do not have much choice.
04:04 PM on 10/15/2011
As far as the author's disdain for the protestors "occupying" the Park, I guess then Rosa Parks was wrong to "occupy" a White Man's Seat on the bus, don'tya say? So she shouldn't have? Her doing so changed the world. And so will OWS.
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HUFFPOST BLOGGER
Jeff Norman
04:57 PM on 10/15/2011
If Rosa Parks and her supporters had protested a bus company’s racist policy by invading land near but not owned by the bus company, and had vowed to remain there indefinitely, even people who oppose racism would have questioned the protesters’ tactics.

Likewise, my questioning of the tactics employed by OWS demonstrators’ doesn’t indicate that I generally oppose the nascent movement. I’m thrilled that so many protesters are figuring out how to fight for economic justice, and I don’t think it’s unkind to ask questions about their land use.
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HUFFPOST SUPER USER
LynnW49
"A great democracy must be progressive." TR
05:58 PM on 10/15/2011
"If Rosa Parks and her supporters had protested a bus company’s racist policy by invading land near but not owned by the bus company, and had vowed to remain there indefinite­ly, even people who oppose racism would have questioned the protesters­’ tactics."

People questioned Rosa's tactics in any case.

Maybe only people desperate to be heard would understand the need for taking a stand, even on the ground of an "owned" park. And how is that a private, multi-billion dollar commercial real estate company "owns" a public park? Ah, they made it public in exchange for zoning variations.
04:01 PM on 10/15/2011
CORRECTION: That Zuccotti park is NOW part of History! (spelling error in prior post)
01:41 PM on 10/17/2011
And owned by Brookefield Properties, A CANADIAN CORP. lol
06:49 PM on 10/21/2011
Hardly.

There is nothing [yet] historical about it.

It's not even a footnote.

This isn't Egypt or China or a college campus.

This is NYC.
04:00 PM on 10/15/2011
I agree with the previous post: Is there anyone who doesn't remember the names of Tahrir Square? or Tiananmen Square? or Kent State? They are written in history forever as historic places of people's uprisings. Zuccotti Park owners should be PROUD that their park is not a part of HISTORY! Occupy Wall Street has hit a nerve around the World!!!! This is something to be proud of, the powerless standing up against abusive power. Yay!
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HUFFPOST SUPER USER
giftsthatpurr
zestful life
01:31 AM on 10/15/2011
Stay strong OWS protesters!
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AdamYoksas
A political animal.
10:43 PM on 10/14/2011
I'm from Illinois. I've never been to New York. I never heard of Zuccotti Park either.

But I know about it now.

Funny thing, the bourgeoisie. They are good at buying things. They are good at managing things. And yet, despite all the millions of dollars they spend on advertising, self-promotion, and public relations, they have never been able to manage how history will remember them.

What the protestors are giving the owners is something that the owners, by themselves, could have never done. The protestors turned this space into an historical monument. And these owners, by extension, will be forever connected to it.

Whether that history will look upon them favorably or unfavorably is up to those owners. But one thing can't be denied: men of means have always had a need to attach themselves to greatness, great men, and great deeds. They have to do so, because they themselves are generally not great men who do great deeds; they merely own, and owning is no substitute for glory.

Types like these tend to place their names on buildings with the hope that something glorious or significant will happen inside of them. Often times, nothing happens. Here, however, it's happening.

You can't buy that type of place in history.
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HUFFPOST BLOGGER
messy
artist, writer, adventurer
10:20 AM on 10/15/2011
Please note, the term "bourgeoisi­e" means middle class. Marx and Engles HATED the middle class, especially, the LOWER middle class.
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AdamYoksas
A political animal.
01:07 PM on 10/15/2011
"Hate" is a rather strong word, don't you think?

That's like saying the zoologist hates the tiger for describing how it acquires dinner.
HUFFPOST SUPER USER
jesocr
10:10 PM on 10/14/2011
Your nit picking. They made an effort to clean up themselves and the point is to be a nuisance so that you bring attention to the movement. It doesn't do any good if your not seen.
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HUFFPOST BLOGGER
Jeff Norman
12:58 AM on 10/15/2011
So you think it’s civil disobedience?

Some are arguing seriously that the protesters have a First Amendment right to inhabit the park indefinitely:
http://rootsaction.org/featured-actions/268-1st-amendment-is-our-permit
http://www.nyclu.org/news/nyclu-cleanup-cancellation-victory-protest

Is it nitpicky to ask whether it’s civil disobedience, or a lawful occupation? Do you think the difference matters to the police, or to any reasonable person who might judge the police?

Is it nitpicky to suggest that those whose support is being sought deserve to know what they’re being asked to support?

I didn’t say the protesters shouldn’t be seen, only that they should explain how they make their land use decisions. Why the mystery?
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HUFFPOST BLOGGER
messy
artist, writer, adventurer
10:21 AM on 10/15/2011
there is no such thing as a "lawful" occupation, unless you are the government.
01:41 PM on 10/15/2011
The only "mystery" I see is why you're hiding what you really think about OWS. The terms "righteous," "disciples" and "invade" pretty much give the game away, however. You're clearly opposed to OWS but choose to mask your opposition by making a, yes, nitpicking argument presented as questions you really don't want answered. It's disengenuous.
moccasinmike
retreat hell
06:13 PM on 10/14/2011
shucks was wish some sound thrashings would have been administered to this group who are actually celebrating being unemployed just a group of urinating,fece flinging,drug doing,bongo playing,why are we here besides free food,outdoor sex romps,denver and boston took care of there problem and now bloomberg must take care of his
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HUFFPOST SUPER USER
AmericanDream RIP
99% Moderated
05:47 PM on 10/14/2011
The U.S. has been occupying Iraq & Afghanistan for more than 10 years, but now a few people are whining about a month-long protest outside Wall Street? Hypocritical, dontcha think?
05:44 PM on 10/21/2011
Nope, not unless the protesters are in the US military and are following military orders.
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HUFFPOST SUPER USER
Ngonyama
Major prolation, perfect mode
05:29 PM on 10/14/2011
Isn't this what George III was arguing about tea spilled in the harbor?