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NY Times November 15, 2011
Police Clear Zuccotti Park of Protesters
By JAMES BARRON and COLIN MOYNIHAN

Mayor Michael R. Bloomberg on Tuesday defended his decision to clear the park in Lower Manhattan that was the birthplace of the Occupy Wall Street Movement, saying “health and safety conditions became intolerable” in the park where the protesters had camped out for nearly two months.

Mr. Bloomberg said the city had planned to reopen the park on Tuesday morning after the protesters’ tents and tarps had been removed and the stone steps had been cleaned. He said the police had already let about 50 protesters back in when officials received word of a temporary restraining order sought by lawyers for the protesters. He said the police had closed the park again until lawyers for the city could appear at a court hearing later in the morning.

“New York City is the city where you can come and express yourself,” the mayor said. “What was happening in Zuccotti Park was not that.” He said the protesters had taken over the park, “making it unavailable to anyone else.”

The mayor’s comments at a City Hall news conference came about seven hours after hundreds of police officers moved in to clear the park after warning that the nearly two-month-old camp would be “cleared and restored” but that demonstrators who did not leave would face arrest. The protesters, about 200 of whom have been staying in the park overnight, initially resisted with chants of “Whose park? Our park!”

Law enforcement officials said about 150 people were arrested, most of them in the park but some outside. Most were held on charges of disorderly conduct and resisting arrest.

Among those arrested was City Councilman Ydanis Rodriguez, a Democrat who represents northern Manhattan. He was with a group near the intersection of Broadway and Vesey Street that was attempting to link up with protesters at Zuccotti Park. The group tried to push through a line of officers trying to prevent people from reaching the park. Mr. Rodriquez was arrested and charged with disorderly conduct and resisting arrest.

The operation in and around Zuccotti Park was intended to empty the birthplace of a protest movement that has inspired hundreds of tent cities from coast to coast. On Monday in Oakland, Calif., hundreds of police officers raided the main encampment there, arresting 33 people. Protesters returned later in the day. But the Oakland police said no one would be allowed to sleep there anymore, and promised to clear a second camp nearby.

The police action was quickly challenged as lawyers for the protesters obtained a temporary restraining order barring the city and the park’s private landlord from evicting protesters or removing their belongings. It was not immediately clear how the city would respond. The judge, Justice Lucy Billings of State Supreme Court in Manhattan, scheduled a hearing for Tuesday.

The mayor, at his news conference, read a statement he had issued around 6 a.m. explaining the reasoning behind the sweep. “The law that created Zuccotti Park required that it be open for the public to enjoy for passive recreation 24 hours a day,” the mayor said in the statement. “Every since the occupation began, that law has not been complied with” because the protesters had taken over the park, “making it unavailable to anyone else.”

“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 protesters and to the surrounding community,” Mr. Bloomberg said. He added that on Monday, Brookfield asked the city to assist in enforcing “the no sleeping and camping rules.

“But make no mistake,” the mayor said, “the final decision to act was mine and mine alone.”

Some of the displaced protesters regrouped a few blocks away at Foley Square, with the row of courthouses on Centre Street as a backdrop and police officers looking on. The protesters swapped stories of their confrontations with the police and talked about what to do next.

One protester at Foley Square, Nate Barchus, 23, said the eviction was likely to galvanize supporters, particularly because a series of gatherings had already been planned for Thursday, the protest’s two-month anniversary.

“This,” he said, referring to the early-morning sweep, “reminds everyone who was occupying exactly why they were occupying.”

At the park they had occupied since mid-September, workers using power washers blasted water over the stone that covers the ground. Soon the park caught the attention of people passing by on their way to work who had become accustomed to seeing the protesters’ tents and tarps.

The operation to clear the park had begun near the Brooklyn Bridge, where the police gathered before moving on to surround the park. The protesters rallied around an area known as the kitchen, near the middle of the park, and began putting up makeshift barricades with tables and pieces of scrap wood.

Over the next two hours, dozens of protesters left the park while a core group of about 100 dug in around the food area. Many locked arms and defied police orders to leave. By 3 a.m., dozens of officers in helmets, watched over by Police Commissioner Raymond W. Kelly, closed in on those who remained. The police pulled them out one by one and handcuffed them. Most were led out without incident.

The Police Department’s chief spokesman, Paul J. Browne, told The Associated Press that 70 people had been arrested in the park, including some who had chained themselves together.

The officers had gathered between the Brooklyn and Manhattan Bridges earlier and rode in vans to the one-square-block park. They entered about 1 a.m.

As they did, dozens of protesters linked arms and shouted “No retreat, no surrender,” “This is our home” and “Barricade!”

The mayor’s office sent out a message on Twitter at 1:19 a.m. saying: “Occupants of Zuccotti should temporarily leave and remove tents and tarps. Protesters can return after the park is cleared.” Fliers handed out by the police at the private park on behalf of the park’s owner, Brookfield Properties, and the city, spelled out the same message.

A number of other arrests were reported just outside the park, as police tried to move supporters of the protesters away from the park. Details were not immediately available. There were several additional arrests after the park was cleared when protesters who refused to leave a nearby street were taken into custody.

The police move came as organizers put out word on their Web site that they planned to “shut down Wall Street” with a demonstration on Thursday to commemorate the completion of two months of encampment, which has prompted similar demonstrations across the country.

The move also came hours after a small demonstration at City Hall on Monday by opponents of the protest, including local residents and merchants, some of whom urged the mayor to clear out the park.

Before the police moved in, they set up a battery of klieg lights and aimed them into the park. A police captain, wearing a helmet, walked down Liberty Street and announced: “The city has determined that the continued occupation of Zuccotti Park poses an increasing health and fire safety hazard.”

The captain ordered the protesters to “to immediately remove all private property” and said that if they interfered with the police operation, they would be arrested. Property that was not removed would be taken to a sanitation garage, the police said.

Some of the protesters grabbed their possessions. “They’re not getting our tents down,” one man shouted. People milled around, and some headed to the edges of the park.

By 1:45 a.m., dozens of officers moved through the park, some bearing plastic shields and wearing helmets. They removed tents and bedding materials, putting them on the sidewalk. Some protesters could be seen leaving the park with their belongings, but a core group of more than 100 hunkered down at the encampment’s kitchen area, linking arms, waving flags, and singing and chanting their refusal to leave the park.

They sang “We Shall Overcome” and chanted at the officers to “disobey your orders.”

“If they come in, we’re not going anywhere,” said Chris Johnson, 32, who sat with other remaining protesters near the food area. He said that the protest “has opened up a dialogue that hasn’t existed since I’ve been alive.”

About 2 a.m., police officers began using a vehicle equipped with a powerful speaker to issue their orders. City sanitation workers tossed protesters’ belongings into metal bins, while some protesters dug in at the center of the park by using heavy bicycle chains to bind themselves to park trees and to each other. Some donned gas masks and goggles.

But by 3 a.m., the police closed in on the remaining protesters and began arresting them.

About 200 supporters of the protesters arrived early Tuesday after hearing that the park was being cleared. They were prevented from getting within a block of the park by a police barricade. There were a number of arrests after some scuffles between the two sides, but no details were immediately available. After being forced up Broadway by the police, some of the supporters decided to march several blocks to Foley Square.

Several Occupy Wall Street protest encampments across the country have been cleared by police after problems have occurred, including ones in cities like Oakland, Salt Lake City and Portland, Ore.

A handful of protesters first unrolled sleeping bags and blankets in Zuccotti Park on the night of Sept. 17, but in the weeks that followed, the park became densely packed with tents and small tarp villages.

The protest spawned others and attracted celebrities and well-known performers. It became a tourist attraction, inspired more than $500,000 in donations and gained the support of labor unions and elected officials while creating division within City Hall and the Police Department.

Mr. Bloomberg had struggled with how to respond. He repeatedly made clear that he does not support the demonstrators’ arguments or their tactics, but he has also defended their right to protest and in recent days and weeks has sounded increasingly exasperated, especially in the wake of growing complaints from neighbors about how the protest has disrupted the neighborhood and hurt local businesses.

Mr. Bloomberg met daily with several deputies and commissioners, and as more business owners complained and editorials lampooned him as gutless, his patience wore thin.

Joseph Goldstein, Matt Flegenheimer, Rob Harris, Steve Kenny, Corey Kilgannon and Sarah Maslin Nir contributed reporting.

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