To the extent that City law prohibits the erection of structures, the use of gas or other
combustible materials, and the accumulation of garbage and human waste in public places,
enforcement of the law and the owner's rules appears reasonable to permit the owner to maintain its
space in a hygienic, safe, and lawful condition, and to prevent it from being liable by the City or others
for violations of law, or in tort. It also permits public access by those who live and work in the area
who are the intended beneficiaries of this zoning bonus.
The movants have not demonst rated that they have a First Amendment right to remain in
Zuccotti Park, along with their tents, structures, generators, and other installations to the exclusion
of the owner's reasonable rights and duties to maintain Zuccotti Park, or to the rights to public access
of others who might wish to use the space safely. Neither have the applicants shown a right to a
temporary restraining order that would restrict the City's enforcement of law so as to promote public
health and safety.
Presumably, now the NYPD will begin moving the squatters out of Zuccotti park, so that the damage can be repaired.
