'At one o’clock this morning, the New York City Police Department and the owners of Zuccotti Park notified protestors in the park that they had to immediately remove tents, sleeping bags and other belongings, and must follow the park rules if they wished to continue to use it to protest. Many protestors peacefully complied and left.
'At Brookfield’s (park owners Brookfield Properties) request, members of the NYPD and Sanitation Department assisted in removing any remaining tents and sleeping bags. This action was taken at this time of day to reduce the risk of confrontation in the park, and to minimize disruption to the surrounding neighborhood.
'Protestors were asked to temporarily leave the park while this occurred, and have been told that they will be free to return to the park once Brookfield finishes cleaning it later morning. Protestors – and the general public – are welcome there to exercise their First Amendment rights, and otherwise enjoy the park, but will not be allowed to use tents, sleeping bags, or tarps and, going forward, must follow all park rules.
'The law that created Zuccotti Park required that it be open for the public to enjoy for passive recreation 24 hours a day. Ever since the occupation began, that law has not been complied with, as the park has been taken over by protestors, making it unavailable to anyone else.
'From the beginning, I have said that the City had two principal goals: guaranteeing public health and safety, and guaranteeing the protestors’ First Amendment rights.
'But when those two goals clash, the health and safety of the public and our first responders must be the priority.
'That is why, several weeks ago the City acted to remove generators and fuel that posed a fire hazard from the park.
'I have become increasingly concerned – as had the park’s owner, Brookfield Properties – that the occupation was coming to pose a health and fire safety hazard to the protestors and to the surrounding community. We have been in constant contact with Brookfield and yesterday they requested that the City assist it in enforcing the no sleeping and camping rules in the park. But make no mistake – the final decision to act was mine.
'The park had become covered in tents and tarps, making it next to impossible to safely navigate for the public, and for first responders who are responsible for guaranteeing public safety. The dangers posed were evident last week when an EMT was injured as protestors attempted to prevent him and several police officers from helping a mentally ill man who was menacing others. As an increasing number of large tents and other structures have been erected, these dangers have increased. It has become increasingly difficult even to monitor activity in the park to protect the protestors and the public, and the proliferation of tents and other obstructions has created an increasing fire hazard that had to be addressed.
'Some have argued to allow the protestors to stay in the park indefinitely – others have suggested we just wait for winter and hope the cold weather drove the protestors away – but inaction was not an option. I could not wait for someone in the park to get killed or to injure another first responder before acting. Others have cautioned against action because enforcing our laws might be used by some protestors as a pretext for violence – but we must never be afraid to insist on compliance with our laws.
'Unfortunately, the park was becoming a place where people came not to protest, but rather to break laws, and in some cases, to harm others. There have been reports of businesses being threatened and complaints about noise and unsanitary conditions that have seriously impacted the quality of life for residents and businesses in this now-thriving neighborhood. The majority of protestors have been peaceful and responsible. But an unfortunate minority have not been – and as the number of protestors has grown, this has created an intolerable situation.
'No right is absolute and with every right comes responsibilities. The First Amendment gives every New Yorker the right to speak out – but it does not give anyone the right to sleep in a park or otherwise take it over to the exclusion of others – nor does it permit anyone in our society to live outside the law. There is no ambiguity in the law here – the First Amendment protects speech – it does not protect the use of tents and sleeping bags to take over a public space.
'Protestors have had two months to occupy the park with tents and sleeping bags. Now they will have to occupy the space with the power of their arguments.
'Let me conclude by thanking the NYPD, FDNY, and the Department of Sanitation for their professionalism earlier this morning. Thank you'.
image: © David Shankbone