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OWS Protesters Back In Tent-Free Zuccotti Park

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An Occupy Wall Street protester rests in Zuccotti Park a day after it was cleared of the Occupy Wall Street camp in an early morning police raid on November 16, 2011 in New York city. (Photo by Spencer Platt/Getty Images)

An Occupy Wall Street protester rests in Zuccotti Park a day after it was cleared of the Occupy Wall Street camp in an early morning police raid on November 16, 2011 in New York city. (Photo by Spencer Platt/Getty Images)

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NEW YORK (CBSNewYork) – For the first time in two months, protesters are occupying a tent-free Zuccotti Park but now, in smaller numbers.

WCBS 880′s Sean Adams At Zuccotti Park

A judge ruled against the Occupy Wall Street protesters on Tuesday, saying they could return to Zuccotti but without their sleeping bags, tarps and tents.

PHOTOS: NYPD Raid On Zuccotti Park

In a four-page ruling, Supreme Court Justice Michael Stallman said that the protesters’ First Amendment rights didn’t entitle them to camp out in the plaza indefinitely.

“Yeah it’s kind of every person for themselves right now,” said protester Stephen Boyer. “Some people went to a shelter, some are staying with friends.” I’m staying with friends right now.”

Only a few dozen protesters wrapped in ponchos were sitting in the park early Wednesday morning, chanting the occasional protest slogan as police looked on.

 “It’s very empowering to know that even though they came in and took everything that we had and the home that we built is gone, now the spirit is still there,” said protester Alisha Filliger. 

Under the direct order of Mayor Michael Bloomberg, sanitation crews and about 1,000 police officers descended on the park around 1 a.m. Tuesday, tearing down tents and throwing out piles of garbage.

Bloomberg said the protest had become a public health and safety issue. Police arrested those who refused to leave, more than 140 people.

“There’s definitely a profound sense of loss and anger and sort of disbelief,” said protester Jessica Lingel.

But the new rules aren’t just against tents and sleeping bags. The park’s owners, Brookfield Properties, have posted signs around the park prohibiting lying down on benches, walkways and other seating areas that “unreasonably interferes with the use” of those areas by others.

133041184 OWS Protesters Back In Tent Free Zuccotti Park

Rules posted on a barricade outside a nearly empty Zuccotti Park on November 16, 2011. (Photo credit: STAN HONDA/AFP/Getty Images)

A group of protesters took refuge at a nearby McDonald’s to take a nap or just get out of the cold.

Some local churches also opened their doors to demonstrators, giving them a place to rest their heads and provided them with breakfast in the morning.

LISTEN: 1010 WINS’ Steve Sandberg reports

“To see them warm and comfortable, talking with each other. One person slept 12 hours,” said Jacqui Lewis with Middle Collegiate Church. “They’re exhausted, so it’s very gratifying.”

“I’m kind of disappointed that we couldn’t stay in the park and I’m glad someone was nice to put us up,” said protester Chris Harnden. “I’ve had the most peaceful night sleep I’ve had in a month.”

But despite the loss of their camp, many say they’re not giving up.

“I would say this is a success, back in the park,” said protester Malory Butler. “No one backed down.”

“Everybody seems to be in really good spirits,” said Oscar Guinn.

“This is just the beginning,” said protester Marvin James. “He can take a park away but he can’t destroy the idea.”

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