A judge handed Occupy Boston a major win today, granting a court order that forbids police to carry out a New York-style clearing of the Dewey Square encampment except in cases that pose a major threat to public safety.
Suffolk Superior Court Judge Frances McIntyre issued a temporary restraining order this afternoon, saying Occupiers will allowed to stay camped peacefully opposite South Station until a court hearing for a preliminary injunction Dec. 1. Police are still allowed to clear the park if there is an “outbreak of violence” or a catastrophe such as a fire, she said.
A state “supreme” court (meaning a lower level state court) in New York State and a County level Court in Massachetts disagree on pretty much the same issue. I would think that the First and Second federal district courts would now be in the running to see this case to the next level, depending on if it is an appeal in Boston or NY.
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Hopefully the mayor won’t go judge shopping for a different ruling like our buddy Bloomberg.
Great ruling. I even understand the need for the caveats. Unfortunately, I also see the police making use of those caveats. Wouldn’t surprise me in the least to see some ‘spontaneous’ violence or fires break out…
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