martybegan
Diamond Member
- Apr 5, 2010
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It's not a public park; it's private property, and improper activities on private property are normally called "public nuisances" by the authorities and are shut down, with legal action taken against the instigators.
Privately Owned Public Space - New York City Department of City Planning
See the link above for details on POPS or privately owned public spaces. Basically developers traded space at lower levels of the properties for the ability to build higher buildings. Some of them, like zuccotti park, are open spaces at ground level of the property. Others are rooftop areas on smaller buildings in a development, still others are basically open areas in the lower floor of buildings, often with resturants and public restrooms. Some are just corridors between buildings with plants and seats.
The reason the protesters selected these instead of actual parks (NYC Parks Department) is that the rules state they must be availible for 24 hour occupation by people involved in leasure activities. NYC parks have more stringent rules, such as closing times, and equipment bans already in place. These spaces never had such rules, because they never really needed them.
"The reason the protesters selected these instead of actual parks ..."
Marty, the question is, rather, why they were allowed to remain by the owners.
And the answer is the essence of the OP....the owners were induced by a Left wing administration that hoped, believed, that this group would be the answer to the Tea Party.
"The Department of Energy finalized the loan guarantee less than a week after Occupy Wall Street protesters took to Zuccotti Park, and with the Obama administration's Tuesday endorsement of the protests, rumors are starting to circulate that this could be the reason Brookfield is allowing protesters to remain on its property."
Here's The Real Reason Why Occupy Wall Street Protesters Aren't Getting Kicked Out Of Zuccotti Park
The crux of the current legal argument is that, since the owners never enforced rules like no tents, no generators, no staying overnight, they cannot start doing it now.
The owners are bound to allow public access as part of the easment giving them the ability to build X additional floors in thier building. Under the agreement the city is responsible for policing the area, as a public space, but the company has to maintain it and provide upkeep, as it still legally owns it.
In a more structured court setting, i.e. one that doesnt have a raging liberal on the bench, the city and the owner will probably win the ability to enact the newer rules, including the no tent/tarp, as well as a time limit for occupation.
Please note that this is different from cases of property owners losing thier rights to thier property due to abandonment to the public. In this cases there is a set agreement between the city and the owner recognizing thr owner's possession of the property, regardless of the required public access.