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.

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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Comments (60)
  1. defecating_heroes says:

    Liberal, Neo-conservative useful idiots and critics of Assembly, and frankly haters of truth and freedom, exist by feeding on the entrepreneurial, middle class.
    Which explains why the nation’s prayers are with the millions being victimized by selfsame Zionist apparatchiks of the Fed, IMF and World Bank. And with the Anonymous brigade.
    For they know, the bad children and parasites who are proletariat will never admonish the Crony Capitalism feeding their addictions and narcissism. A special interest needful and earnest of all the hearty, steamy excrement patriots can provide. Sh!t and p!ss on, noble flea-baggers!

  2. werner says:

    OWS– Fat, drunk and stupid is no way to go through life

  3. steve says:


  4. A word from the Vice President says:

    For all you New Yorkers that do not understand the Occupy Wall Street Movement in general, here is just one reason from our Honorable Vice
    President of the United States of America, Joe Biden.

    “What is the core of that protest?” Biden asked rhetorically. “The core is the American people do not think the system is fair or on the level.”

    “Look guys the bargain is not on the level anymore in the minds of the vast majority of the American (people) the middle class has been screwed,” Biden said.

    Here is the source

    Watch the website video.

  5. sgeilt says:

    OWS INTENTIONS are fraudulent. That is what is inexcusable. If their intentions were clear and forthright this would not be happening to them. And you cannot ask and adult to look the other way over and over when he knows fraud is involved.
    FRAUD as a profession, belongs in the White House, and Congress, not in a People’s park. COMMUNISM AND SOCIALISM are fraudulent means to a supposed social good. If you do not understand that, you either cant read or you are a fraud yourself.

  6. liz says:


  7. steve says:

    just came back from lunch, rainy and getting cool outside – beautiful day.

  8. None Of Your Business says:

    Do the Occupy Wall Street morons really think that because they’re living in Zuccotti Park Wall Street is going to quake in its boots and change its ways?

    1. steve says:

      What needs to be changed? Aren’t there new controls being put into place like Dodd Frank that will help? The dirtbaggers cry and whine but not quite sure what THEY want accomplished.

  9. steve says:

    Haven’t worked downtown in many years but do the people still play checkers and chess in that park? if so, have they been allowed to since the dirtbaggers took over this park?

    1. Tee-Jay says:

      No, because only the protesters count as the “general public.”

    2. harriet says:

      anyone could have entered the park, and because you asked so nicely, people were using the tables to play chess. It’s not like it is the only public area in the area, it’s one little block, it’s not like people couldn’t eat their lunches and play cheekers elsewhere. No one (until yesteday) was being denied access to the park, they just had to play nicely and share

      1. steve says:

        what? so because of the GREEDY dirtbaggers, people who normally use this park have to go somewhere else. Great, thanks for confirming what everyone has been saying.

        1. harriet says:

          read much? I said there are other places to eat lunch downtown and if they wanted to, anyone one (until yesterday when the police started checking bags) could have entered the park, it was never off limits, perhaps a tad crowded, but everyone, and that means everyone was free to use the park, welcomed even. what is so hard to understand?

          1. Jessica Beland says:

            Steve, I worked downtown for many years, I grew up in NYC and honestly never ONCE used that park. That park will go down as a damn landmark because of OWS so dirtbags like yourself should be grateful for that. The GREEDY dirtbaggers are the people whining about noise and inconvenience and making statements about the people protesting when they havent even visited the site. Know what that would make you? Ignorant. Guess what folks, this is NEW YORK CITY. It smells. Its loud. Its chock full of people with different points of view. If you dont like that, get the hell out of my city and go live in suburbia.

            1. steve says:

              I walked through that park daily, I had lunch in the park at least once a week. I recenly walked past that park with the dirbaggers laying claim and I wouldn’t want to be in there with that trash. Yeah, real calming for someone who just wants to relax.

          2. steve says:

            who would want to eat lunch next to some dirtbagger who hasn’t showered in days? Who smells like crap? GREEDY DIRTBAGGERS

            1. Jeff Sayin says:

              Repeatedly calling citizens exercising their constitutional rights DIRTBAGGERS says far more about your feeble mind than anyying else..

  10. Underpaid Teaching says:

    Fairlawn School District planned field trips to Zucotti park but now without the tents we are not sure what to do. Now this has affected our kids and their learning.

    1. Tee-Jay says:

      Take them to a museum.

  11. Jeff Sayin says:

    I find it appalling the degree to which OWS haters go to criticize citizens expressing their constitutional rights – why because they can’t use the park – what a load of bs..

    Where is this alleged outrage when commericial enterprises take over public parks including Union Square, Bryant Park. In fact the city sanctions these commerical takeovers and let’s them bring generators to keep warm – but if some people who disagree with government want to exercise there first amendment rights they are treated like criminals.

    A sad state of affairs in NYC. The Founding Fathers would be ashamed.

    1. Jeff Who says:

      You have it right but you need to be more clear in your statement — The founding fathers would be ashamed of this OWS nonsense. Founding fathers were smart, goal oriented, and not squatters pooping in a park.

      So tell me what’s wrong with protesting today? You are not denied to protest. You’re just not allowed to live on someone else’s property.

      1. harriet says:

        You’re just making sh!t up, 1) our founding father’s certianly pooped in parks, they probably pooped in chamber pots, they pooped in the woods, and pee peed on the streets, they like the occupliers had to poop somewhere, you (and the Post) are fixated with poop because it distracts from the message, but since you are so interested, the occupliers have 3 portapotties in a building two blocks down and a 24/7 McDonald’s where they can poop and if need be pee. 2) Z park is not ‘someone else’s property” and they weren’t just living there, Z park is (or was) open to the public 24/7 so the owners’ of the building could overbuild on their property by having floors and footprint in violation of the zoning laws, from the extra footage, the building has and will continue to profit greatly.

        1. None Of Your Business says:

          And you, harriet, dear, are pooping all over the World Wide Web.

          1. harriet says:

            pooping and a peeing, and maybe after lunch i’ll fart some. However, no matter what bodily functions may do, it shouldn’t undermine what i say, since ya know we all poop, there’s even books about it, i suggest “everyone poops” my kids loved it (when they were 2)

      2. Jessica Beland says:

        Im so tired of this our founding fathers crap. First of all, our founding fathers, lets me honest now, were racist and believed women should have no rights in government. Let alone having tollerance for gay people or anyone of any ethnicity other than white European Catholics. They certainly peed and crapped everywhere, and were never issued tickets for it. Thankfully our society has progressed. With that being said, I think the message is clear. The OWS movement wants the govt to stop coddeling the rich and large corporations at the expense of the working middle class. I really dont know what that is so hard for people to grasp and understand about that. That property though privately owned is partially funded through tax dollars. The same tax dollars we all used to bail out those corporations who then used that money to give their top exects HUGE bonuses. Even if you do not believe in their message damn straight our founding fathers would have faught to the death for their right to say it.

        1. Ho Ho says:

          OWS has clearly gone down in history as a joke to the laughing stock of the world. Thats fact and current reality. The message is not clear. Watching interviews and videos of people at OWS clearly shows its a bunch of uneducated and unrealistic whiner.

    2. Tee-Jay says:

      Commercial enterprises pay a FEE to rent public parks. How much did the protesters pay to use Zuccotti Park as their own personal living room, kitchen, bedroom, and bathroom?

      They have the right to free speech, but they don’t have the right to make me subsidize their speech.

    3. steve says:

      Can’t use the park? Who said they can’t use the park? They can use the park all they want, just can’t SLEEP in it. The picture above shows one of the dirtbaggers sitting at a table in the park, seems he is using the park. Why would you feel the need to lie about it?

      1. harriet says:

        The park is surrounded by barricades and cops in riot gear, they are checking bags to enter and preventing people from entering with food,

        if you went to your nieghborhood park with backpack and a cop in riot gear stopped and asked to look in your bag cause you may be packing a tent, would that upset you? that’s what a police state is, and that’s what they are doing at Z park

    4. steve says:

      ..and Jeff, go read up on the Founding Fathers, you may have the wrong story. The FF would be appaled at what is taking place. Many of GW’s decisions as General and CIC centered around how things would benefit his interests as a landowner. He wanted wealth. Many of the rest were large landowners

      1. Jeff Sayin says:

        I am quite familiar with the concepts embodied in the US Constitition and BIll of Rights and the Founding Fathers considered freedom of speech and the press necessary rights. Only by having an informed and educated voting puiblic can we hope to have a government by the people and for the people – not just the rich.

        The events of Tuesday morning would have caused Jefferson, Adams, Madison and many others to turn over in their graves. GW was a great general and noble man but had little to do with drafting the constitution or bill of rights.

  12. Mike-in-Afghanistan says:

    Let’s put uniforms on these useless leaches and send them to Afghanistan where they can learn a lesson from real heroes. Then, after a few months, they might return to the USA and understand the blessings of living in a free democracy.

    As to the judge who says that the city has to tolerate these filthy, lice infested creatures (the workers, residents, and the rest of us be damned), this is the lunacy of liberalism and, if you think this whole situation is insane, remember to vote conservative next Election Day.

  13. OMTA says:

    Why don’t they occupy MTA? They are always raising the fares and tolls and not providing decent service, and they are always out of money! What’s up with that?

  14. tavernvoice says:

    OWS’ers. Don’t be myopic to the greed. What you fail to realize is that the greed of government which through massive pension promises and gov employee unions, is just as bad. Don’t give it a pass. Otherwise you’re nothing more than a bunch of hypocrites.

    1. Amtracmarine says:

      OWS are nothing but tools for Adbusters

  15. Good Job Mayor says:

    Good job Mayor! Get these aholes out. Their first amendment are not being violated. They’re free to protest as they like but don’t infringe on others and seize private property as your own. I hope OWS is picking up the bill for the extra cleanup cost to get their feces out.

  16. steve says:

    Can wait for the heavy rain to come tonight and tomorrow, bet the “disbelief” looks will only get better. I guess they can’t be referredto as OWS any longer, since they aren’t OCCUPYING anything – good job Mayor.

    1. mudshark says:

      Your sensitivity is riveting, Steve. Does the extra mean-spiritedness give your manhood a liitle boost?

      1. Amtracmarine says:

        They took over a park so that no one else could use it. I’ll listen until you feel that your message is more important than my rights.

      2. steve says:

        What should I be sensitive to? The fact they are taking away a park from residents and the people that work in the area? You see, taking something away that is intended for EVERYONE would be GREED. Not only can’t I wait for the rain, but am looking foward to the sub-freezing temps. Love the winter! And you know how my manhood gets boosted, knowing I went to college while I worked so I could pay for it and don’t have one ounce of school debt or much debt for that matter.

        1. mudshark says:

          I can say the same thing about myself, Steve. I just don’t feel inclined to show the utter arrogance you display. You seem to feel a need to wish misery upon others and foist your smugness at the less fortunate. My wife and I are doing better than we ever have, work-wise, but struggling to keep to our family afloat. And before you give me the argument that my lifestyle exceeds my earnings, I am talking about necessities here. Sorry, dude. I come from a little more compassionate existence than you do. So, now it’s your turn to give me your expected, belligerent response…

  17. Hip hop hamburger says:

    The park reminds me of a firehouse. A bunch of freeloaders sitting around eating,drinking doing drugs. The only difference is the firefighters get paid.

    1. KPMc says:

      So… A firefighter porked a girl you thought you had a shot with once? Bitter much?

      Maybe if you has studied and trained you too could have had that job with its benefits but you chose to be a lazy moron. Too bad!

  18. truth says:

    finally bloomie has the guts to stand up to these pathetic idiots! i’m sick of tired of them whining every day!!! instead of believing they are entitled, they need to get their filthy lazy garbage to work!!! it’s not surprising many refuse to take on minimum wage jobs like cleaning toilets or farming! sanitation workers make $65,000 a year!!! yet these idiots refuse to pick up trash.

    1. harriet says:

      nope, after fiveyears saniation workers top out at about $49,000 which is peanuts in new york city, plus the job has got to suck, strange hours, heavy lifting, smelly, and dirty. And no the occupliers did not refuse to pick up trash, they had their own little sanitation department, notice how after they cleared the park they didn’t need hours and hours to clean and repair it? no i didn’t think so

  19. Nick says:

    Now, we’re not going to waste anymore tax dollars by having ambulances respond to medical emergencies as the temperature drops, right? We’re just going to send in sanitation and hose the garbage down the sewers, right?

  20. MULLY says:


  21. Richard V. says:

    Well I wonder how Supreme Court Justice Michael Stallman is sleeping tonight?
    My guess is just like the rest of the 1%.

    1. Amtracmarine says:

      He sleeps well,he did the right thing. The Adbuster minons had no right to take over the whole park.

  22. Tee-Jay says:

    The “Occupiers” should have argued that, prior to the raid…

    – the City had not enforced any laws in that park, thus granting the protesters 100% EXEMPTION FROM ALL LAWS.

    – Brookfield had not enforced its own rules, thus rendering those rules NULL, VOID, and PERMANENTLY UNENFORCEABLE.

    1. Nick says:

      And now we know why you can’t get a job. You’re born stupid.

    2. Go get a job and a shower says:

      OWS is really a bunch of people who really want to hurt America and it’s people.They are costing New York millions in overtime with police.They are costing people jobs in the smaller stores there.And not one big company they are protesting against is even paying any attention.So why continue to hurt the working class of New York makes no sense.Go to DC and protest or better yet just go home the real 99% of New Yorkers will not remember this protest in a month.

      1. truth says:

        many who are still there are already homeless or from out of state. many do need psychiatric care.

    3. truth says:

      did you really graduate law school? or just another idiot who couldn’t pass the bar. such arguments are not sustainable.

      1. Roll Tide says:

        There are plenty of jobs on the farms down here in Alabama.

    4. DaMav says:

      Operation Ringworm Lives!

  23. Amtracmarine says:’s good that they are back……..with the understanding that while they have the right to be there and spout their “Adbuster” ( A CANADIAN ANTI-EVERYTHING MAGIZINE) b.s. It’s not “Their Park”.

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