Representing an idea: how Occupy Wall Street's attorneys overcame the challenges of representing non-hierarchical movements.
Introduction I. Occupy Wall Street: New York Activists and Lawyers In The Spotlight II. Other Occupations and Their Legal Battles A. Meet The Occupy Lawyers B. "Client" Communication 1. Nashville 2. Portland 3. Washington, D.C 4. Atlanta 5. Cleveland 6. Delaware 7. Houston 8. Seattle 9. Boston 10. New Orleans 11. Pittsburgh 12. Miami 13. San Diego 14. Oakland 15. Minneapolis 16. Austin 17. Los Angeles C. Local Government: Friend or Foe? 1. Friendly Relations a. Rochester b. Maine c. Houston d. Delaware e. Pittsburgh 2. Unraveling Over Time a. Albany b. New Orleans c. Dallas d. Buffalo e. Miami f. Seattle 3. Hostility Comes With the Territory a. Atlanta b. Oakland c. Fort Myers d. Charleston D. Movement Victories 1. Nashville 2. Cleveland 3. Minnesota 4. New Orleans 5. Boston 6. Olympia 7. Fort Myers 8. Columbia 9. New Orleans Conclusion
On the morning of Thursday, October 13, 2011, some of New York City's most prominent civil rights attorneys gathered in a small office several blocks from Zuccotti Park, the home of the Occupy Wall Street (OWS) encampment that has generated headlines across the world. (1) The previous evening, New York City Mayor Michael Bloomberg had announced that the park would be "temporarily" cleared on Friday morning for a "cleaning." (2) To both occupiers and lawyers, the "cleaning" seemed to be a pretense to end the occupation in its present form and would permit protesters to return only under strict new rules. (3) The lawyers at the meeting debated the wisdom of filing affirmative litigation and settled on sending a strongly worded letter to Mayor Bloomberg, New York Police Department (NYPD) Commissioner Ray Kelly, and Brookfield Properties Chief Executive Officer Richard Clark, arguing that the proposed cleaning of the park would violate the First Amendment and that cleaning efforts from OWS made such an effort unnecessary. (4) They signed the letter, "Liberty Park Legal Working Group." (5) When a massive crowd flooded Zuccotti Park the next morning, Brookfield Properties called off the cleaning and handed OWS one of its most visible public victories. (6) Nevertheless, a month later, a midnight NYPD raid ended the Zuccotti Park occupation and, in the months since, no substantial litigation has been filed to defend the rights of OWS. (7)
This Article will evaluate the challenges that Occupy movement attorneys faced in representing large, non-hierarchical, democratic movements. During the fall of 2011, occupations took root in hundreds of communities across the country, with several occupations lasting into the winter (8) and many others continuing activist efforts without a permanent space. (9) A broad variety of lawyers have played critical roles in fighting for occupiers' First Amendment rights in court, negotiating with governments, and advising occupations in legally uncharted terrain. (10) This Article will explore how several attorneys got involved with the Occupy movement, liaised with it, worked with the consensus process, and addressed their clients' needs through a legal system that is part of the broader political system against which the Occupy movement protests. Many scholarly works have addressed the role of the activist lawyer in social justice lawyering. (11) In studying the first months of the Occupy movement, social justice lawyering principles and strategies were put to the test across the nation. Some successful strategies can serve as blueprints for the Occupy movement as it heads into the spring and summer of 2012, while other strategies serve as cautionary tales.
I. OCCUPY WALL STREET: NEW YORK ACTIVISTS AND LAWYERS IN THE SPOTLIGHT
Within weeks of occupying Zuccotti Park, OWS attracted international attention for its bold, direct actions and unique form of protest. It did so without developing a sophisticated legal support structure. The Activist Legal Working Group (ALWG), one of the dozens of "working groups" that arose to govern the internal working of OWS, had only a few regular members and focused on jail support and limited tabling inside Zuccotti Park. (12) Issues not applicable to most protest groups quickly arose. Some members of OWS entered into a retainer with a law firm, which the General Assembly disavowed days later. (13) An attorney registered "Occupy Wall Street" as a trademark, (14) in violation of a General Assembly resolution that required all legal issues that broadly affected the membership of OWS to be vetted by the ALWG. (15) Meanwhile, Zuccotti Park was full of lawyers hunting for business. In the aftermath of the infamous Brooklyn Bridge protests, an October 1, 2011 march during which over seven hundred protesters were arrested, (16) a Washington, D.C. based public interest firm, the Partnership for Civil Justice, quickly mounted a lawsuit by signing up arrestees in Zuccotti Park over the next few days without maintaining steady contact with OWS. (17)
ALWG tablers faced questions ranging from zoning to welfare services to copyright law. Maralena Murphy, a non-lawyer ALWG member, lamented the difficulty in explaining to occupiers that there were not "strict, technical 'legal' answers to their questions, that their questions are more of a political nature, or that the legal area they are asking about was still undefined." (18) Murphy added that some occupiers unrealistically expected that the mere presence of lawyers could mitigate violent state and police conduct. (19) The ALWG unequivocally did not make legal decisions for OWS without consensus from the General Assembly or provide legal advice to individuals. (20)
When solicited for legal advice, the ALWG referred individuals to the National Lawyers Guild (NLG) through its hotline. Similarly, when attorneys expressed interest in joining the movement, they were steered to the NLG rather than the ALWG. Matt McCoy, an ALWG member, explained: "[Lawyers] may focus on legal decisions that have political consequences, whereas activists who are not lawyers are more apt to focus on political decisions that have legal consequences...." (21) On a different note, Murphy found that, due to the large number of un-vetted lawyers who approached OWS, "[I]f they were willing to publically join the NLG, it was a way of declaring their political affiliation and therefore made them more politically trustworthy." (22) Despite this practice, the ALWG quickly filled with lawyers, law students and legal workers. Meanwhile, NLG became a steady presence at Zuccotti Park, tabling, assisting with criminal defense arraignments and flanking demonstrations as green-hatted legal observers. (23) Though these roles were all helpful and consistent with the NLG's tradition of supporting protests in New York, the group did not at first address the elephant in the room: whether the protesters had a right to protest in Zuccotti Park at all.
The October 13, 2011 meeting concerning how to respond to the impending park "cleaning" represented a rare instance in which occupiers from a variety of working groups met with lawyers who represented the interests of Occupy Wall Street. (24) The letter that the meeting attendees generated that afternoon reflected an impressive mix of fact and law that debunked the claims that Brookfield Property made about the condition of the park while preemptively noting the First Amendment violations inherent in removing people from a park, even a privately owned public space:
The enforcement action you are requesting raises serious First Amendment and other legal concerns. Under the guise of cleaning [Zuccotti] Park you are threatening fundamental constitutional rights. There is no basis in the law for your request for police intervention, nor have you cited any. Such police action without a prior court order would be unconstitutional and unlawful. (25)
This decision to draft a letter had quickly won out over filing affirmative litigation. (26) The leading expert on the legality of privately owned public space, Jerold Kayden, wrote a comprehensive book in 2000, Privately Owned Public Space: the New York City Experience, but the book shed little light onto the legal status of the quasi-public parks. (27) The Liberty Park Legal Working Group did not want to jeopardize the occupation with bad legal precedent. (28) This position was easy to convey to the occupiers, none of whom were clamoring for affirmative litigation. After the letter was completed, few occupiers outside of the ALWG members would meet with the Liberty Park Legal Working Group for weeks, which attorney Yetta Kurland (Kurland) called "[a]n unfortunate capitulation to traditional hierarchical roles, rather than collaborative conversation." (29) During that time, Zuccotti Park, led by occupiers emboldened by the events of October 14, 2011, quickly mushroomed into a virtual city, housing dozens of tents, multiple generators, a weather protected medical center, and a variety of other amenities that, while beneficial to the movement, would be more difficult to defend on First Amendment grounds. The creation of the Spokes Council on October 25, 2011 further complicated communications between attorneys and occupiers. (30)
During the early morning hours of November 15, 2011, when the NYPD cleared Zuccotti Park, arrested nearly two hundred occupiers, and destroyed large amounts of personal and communal property, the Liberty Park Legal Working Group took action. (31) The Liberty Park Legal Working Group filed a temporary restraining order, which the New York Supreme Court Justice Lucy Billings signed. (32) Though the temporary restraining order asserted enough information for Justice Billings to sign it, the pleading was fairly scant, attached no affidavits, and represented only one plaintiff, Jen Waller, who is an ALWG member and one of the few regular occupiers who was easy to locate and not arrested on that evening. (33) Eleven attorneys' names were attached to the motion. (34) The General Assembly, however, did not approve the filing.
Although filing a temporary restraining order in the middle of the night was an impressive feat, in retrospect, several important questions remain. Why was a stronger legal brief not prepared already, five weeks after the threatened "cleaning" eviction? Why were no factual affidavits from occupiers taken during the intervening five weeks, especially regarding the health and safety issues that the City had telegraphed? Why was it necessary to file in the middle of the night, rather than wait a day to prepare stronger papers? Why was the decision not appealed or further efforts taken to correct these problems? The answer to these questions can be traced to the lack of communication between the Occupy movement and the Liberty Park Legal Working Group. (35)
On the morning of November 15, 2011, the NYPD completely disregarded Justice Billings' order on the dubious grounds that Mayor Bloomberg's lawyers found it confusing. (36) After the City submitted a brief in opposition of Justice Billings' motion, Justice Michael Stallman heard Jen Waller's preliminary injunction motion. Unmoved by the plaintiff's First Amendment arguments, Justice Stallman ruled in favor of the city; however, nothing in the ruling authorized the barricades that remained there for more than two months. (37)
The OWS legal situation remains in flux. The Peoples' Library was destroyed in the raid, with thousands of books allegedly being thrown into a dumpster. (38) The act had been one of the more heinous and reported aspects of the raid, and the Library Working Group quickly enlisted renowned civil rights lawyer Norman Siegel to bring a potential lawsuit against the City. (39) Several ALWG members liaised with the city to allow occupiers to recover some of the property that had been confiscated but not destroyed, during the raid. (40) Some individual occupiers have brought 48 U.S.C [section] 1983 claims against the NYPD, but no major initiative has been started. Even the First Amendment litigation took great efforts to launch, with OWS first tacitly supporting the lawsuit on December 1, 2011 (41) and then asking for it to be authorized through the Spokes Council and General Assembly. (42) Waller v, City of New York, however, was withdrawn in January 2012. (43)
Though the NLG continues to support OWS through criminal defense and legal observing, reaction to civil litigation issues has been mixed. ALWG member Marelena Murphy reflected, "[p]ersonally, I feel that asking the NLG to organize our legal force was a mistake, and that we could have done amazing capacity building while the occupation was still live that would have enabled us to coordinate for the legal needs of the occupation much better than we have." (44)
The barricades that the NYPD erected around Zuccotti Park remained for two months but were brought down without a lawsuit. Paula Segal, a lawyer activist and member of the WhoOwnsSpace coalition, (45) knew that the barricades violated New York City Zoning Codes, regardless of whether the use of the barricades was constitutional. (46) On December 17, 2011, Occupy Department of Buildings was launched as a "civics jamming" effort to have individuals contact the Department of Buildings (DOB) to alert them to the Zuccotti Park zoning violations. On January 9, 2012, the New York Civil Liberties Union (NYCLU), in partnership with the Center for Constitutional Rights and the New York City chapter of the NLG sent a letter to the DOB noting these zoning issues. (47) Days later, the barricades were removed, (48) a result that NYCLU attorney Udi Ofer feels was strongly influenced by the letter. (49)
It is instructive to note the impact that the City of New York's aggressive discovery tactics in the lawsuits stemming from the Republican National Convention (RNC) protests in 2004 had on OWS litigation. For judicial efficiency, Judge James Francis handled most RNC cases, a precedent that could have resulted in Justice Stallman handling future OWS litigation. In Cohen v. City of New York, (50) the City had successfully enforced subpoenas seeking vast amounts of video footage on the grounds that it had been taken with the expectation of being made public. With the enormous amount of video footage relating to OWS, perhaps OWS attorneys feared that gathering footage from occupiers would leave them little choice but to turn it all over during discovery. In Cohen, the court also held that legal observer notes were fact work product, and thus
not protected from discovery, on the theory that they were taken contemporaneously with the protests, and contained information not otherwise available to the City. (51) Today, legal observers in NLG trainings are taught to write "Attorney Work Product/Privileged" on their notepads while observing. To further illustrate the litigiousness of these issues, the City and demonstrators' attorneys were still fighting over a third party witness's materials six years after the protest. (52) In another RNC decision, Schiller v. City of New York, (53) the City successfully subpoenaed questionnaires taken by the NYCLU, with the court determining that there was no formal or expected attorney-client relationship between the NYCLU and demonstrators who responded to the questionnaire. (54) Theoretically, OWS attorneys could have generated a questionnaire that survived the Schiller test, or gave away little of value to the City, but the complications around something as simple as a questionnaire threw a wrench into the litigation process.
Other Occupy movements around the country did not emulate this cautious approach to collecting evidence. In New Orleans, Bill Quigley knew the affidavits he was collecting would be discoverable, but he was comfortable with their expected content. (55) If the Occupy movement reemerges in the spring with the same vigor as last fall, and further litigation results, attorneys should be prepared to battle on discovery issues. Then again, most cities lack the resources of the New York City Law Department. (56)
There may well be meaningful litigation related to OWS in the months ahead. OWS attorney Mike Spiegel suggests that, just as OWS has brought so many longstanding political and economic issues into the public discourse, it has also created urgency behind protest policing issues, which could lead to a lawsuit that goes well beyond the confines of Zuccotti Park. (57) Some of the obstacles that attorneys working with OWS faced were unique to OWS's circumstances, such as the massive size of the occupation itself and its legal adversary, the New York Law Department, which enlisted an elite law firm to assist its in-house legal team which was not lacking in resources. (58) The lack of consistent communication during the crucial month between October 14, 2011 and November 15, 2011, however, speak to the need of all involved parties, including every lawyer, ALWG member, and Occupy movement occupier, to firmly establish how lawyers can best represent OWS.
II. OTHER OCCUPATIONS AND THEIR LEGAL BATTLES
Like the occupations themselves, the attorneys who represented the Occupy movement were eclectic but shared core values. More than two dozen attorneys offered their time for interviews, which were structured around the following questions: (59)
1. How did you connect with the Occupy movement and become one of its lawyers?
2. Who was your liaison to the movement, and how was that person(s) selected?
3. What kinds of strategic decisions required group consensus such as General Assembly approval?
4. Was there resistance to participation in the court system on political grounds?
5. What were occupiers' responses to the legal process?
Nearly every attorney referenced his or her history of activism, a seemingly intuitive characteristic that attorneys may have felt compelled to stress because, as Oakland attorney Bobbie Stein put it, "[i]t seems that Leftist attorneys are cast as conservatives (by occupiers) in light of this non-hierarchical movement." (60) Most attorneys were impressed with their liaisons, felt that their legal strategies were well received, and thought their work advanced the goals of the movement. Internal dissent from both occupiers and other lawyers was minimal. Perhaps most surprising was a near universal willingness to trust the legal process despite the limited trust the Occupy movement displayed in the other branches of government.
Two areas in which attorney experiences differed were the relationship between the various Occupy movements and their respective local governments, and their degrees of success in using the court system to achieve their goals. Although some individuals like Mayor Michael Bloomberg, (61) local governments, and police departments were openly hostile, (62) others were receptive to the Occupy movement. Most common of all were the local governments that initially spoke favorably of the movement, but soured on it over time. Some lawyers negotiated favorable agreements, and others won court battles. Although one can glean lessons from the movement's successes, some variables were beyond attorneys' control.
A. Meet the Occupy Lawyers
The NLG provided substantial legal assistance to the Occupy movement in many cities. In Boston, Jeff Feuer's involvement with the tenants' rights group City Life Vita Urbana led him to the very first Occupy Boston demonstration, where the two groups protested against Bank of America's foreclosure practices. (63) Feuer recalled the constant barrage of questions relating to criminal defense issues, permits and First Amendment rights at the legal table at Occupy Boston which was staffed by a team from the NLG. (64) In addition, attorneys appeared at the General Assemblies when they were invited to discuss specific issues. (65) The NLG similarly played a prominent supportive role at Occupy Oakland, staffing a twenty-four-hour legal hotline during the peak of the occupation and assisting with bail and courtroom proceedings after arrests. (66) NLG lawyers also worked closely with Occupy Los Angeles, though a dispute later arose over whether the occupiers they partnered with properly represented the movement. (67) Additionally, the NLG national office was responsible for connecting Occupy Fort Myers to its attorney, Jennifer Keesler.
The Occupy movement has not only bred a new generation of activists willing to engage in direct action and civil disobedience, but it has also reenergized the NLG ranks. Houston attorney Daphne Silverman first heard of the organization when she saw an NLG attorney interviewed on Democracy Now! about his role assisting OWS. (68) Silverman promptly launched a Houston NLG chapter that made supporting Occupy Houston its primary goal, distributing "Know Your Rights" flyers to occupiers and forming a "dream team" to defend occupiers in court. (69) Similarly, Jeff Filipovits knew little about the NLG when he showed up to a meeting for Atlanta-area lawyers looking to support Occupy Atlanta. (70) The NLG was handling criminal defense issues, so Filipovits took the lead on the protest permitting process, though he quickly realized that, under Atlanta's municipal ordinances, no one was allowed in the park after 11 PM unless they received an executive order from the mayor. (71) Filipovits believed that these ordinances violated the First Amendment, as "[they did not] even allow for midnight vigils, let alone twenty four hour protests." (72) A legal challenge would be necessary.
The American Civil Liberties Union (ACLU) played a prominent role at a number of occupations. Attorneys who assisted the Occupy movement directly through the ACLU office or by supporting ACLU efforts included David Briley in Nashville, (73) Richard Morse in Wilmington, (74) and Timothy Griffin in Minneapolis. (75) Occupy Rochester received attention from multiple New York State offices, which helped it craft one of the stronger First Amendment agreements in the country. Even when it did not take lead counsel, the ACLU often supported occupiers' First Amendment litigation, assisting in Oakland and submitting an amicus brief in Portland, Maine. "I'm always plugged in," noted Daire Irwin, an ACLU cooperating attorney who counseled Occupy Buffalo. (76) A long-time activist, Irwin noted his personal investment in Occupy Buffalo, stating "[I]'m in love with the G.A. It's been a beautiful experience." (77)
Some individuals simply took initiative. Rachel Scoma, a young attorney, had been working with an anti-corporate malfeasance nonprofit called Canvass for a Cause when she joined Occupy San Diego. The movement was facing a hostile police presence enforcing rules such as a ban on placing objects on park ground. Scoma attended an ACLU teach-in that the NLG arranged, but when neither group would challenge the restrictive municipal ordinances, she took the lead. (78) Jonathan Winocour felt that to permeate the conservative local consciousness, Occupy Dallas needed to have a sustained presence, rather than to passively await instruction. As such, Winocour did what he could to steer a sometimes fractious local movement towards decisions that would keep their encampment alive. (79) John Branson was working in his office above Monument Square, in the heart of Portland's commercial center, when he thought to offer his support to the day-old Occupy Maine movement. He formally became their lawyer when the City gave Occupy Maine a seven-day deadline to end all protesting in Monument Square. (80) Raymond Vasvari's law firm was near Occupy Cleveland's encampment in Public Square, an area filled with banks and federal buildings. Berkman, Gordon, Murray and DeVan, the firm in which Vasvari is a partner, offered their services to Occupy Cleveland. This support proved to be a significant help given the firm's long history of defending First Amendment rights. (81) The first confrontation between protesters and police soon followed, and the firm became involved.
Kelley Roark first looked up the Occupy movement on the day of the infamous Brooklyn Bridge arrests in New York City, found the Occupytogether.org website, and was surprised to find that the first Occupy Miami organizational meeting was scheduled for that afternoon. (82) At that first meeting, one spokesperson introduced what people wanted to do and responded to questions about the main purpose of the movement. (83) After a question and answer period, people were asked to volunteer to lead discussions in subgroups, such as "media," "art support," "education," and "direct actions," and were divided into subgroups to create lists of ideas and exchange contact information. (84) As new individuals arrived and attendees departed, the new arrivals were divided among the subgroups in a similar format. (85) The second meeting, a week later, was chaotic--several hundred people attended, the meeting lasted for several hours, with periodic separation into subgroups, and the group could not come to a consensus on where to occupy. (86) Ultimately, the attendees decided to stage a mass protest on October 15, 2011 and to stage the actual Occupation later. (87) Two individuals were able to apply for and receive a permit for that day to occupy a "free speech zone" on a grassy Miami-Dade county property at Government Center known as the "Courtyard." (88) After the protest, the occupiers who came with tents congregated there, and the Occupy was born. (89) The difficulty of finding group consensus, with the end result of individuals taking initiative on their own and with the group following, was a trend that Roark saw play out quite often at Occupy Miami. (90) In this nebulous legal setting and even more nebulous organizational structure, Roark began her work as a lawyer for Occupy Miami. (91)
Unlike most attorneys, Jeffrey Light's relationship with the Occupy movement began prior to an occupation, as Light advised members of Occupy D.C. on the permitting process and their First Amendment rights. (92) When Occupy D.C. established itself in McPherson Square on October 1, 2011, Light was on hand every day to answer protesters' questions. (93) Marvin Fein was similarly involved with Occupy Pittsburgh from its first unpermitted march into a park owned by the Bank of New York Mellon Corporation (BNY Mellon) right outside its headquarters. (94)
William Hamilton, a longtime First Amendment lawyer practicing in Charleston, South Carolina, explained the pushback he received from Occupy Charleston: "[t]hey don't really want lawyers to help. Lawyers invariably counsel caution." (95) Noting that protesters at Occupy Charleston are launching direct actions not seen in the area in decades, Hamilton sympathizes with the protesters' lack of faith in the legal process. "If they did everything a lawyer wanted, it would take months to get permits. The opposition would tie us up in court until all the momentum had passed." (96) In the Occupy movement, sometimes the best lawyering is non-interference.
B. "Client" Communication
Briley met with many of Occupy Nashville's fifty-five arrestees, and in conjunction with seven of them, prepared affirmative litigation to challenge the state-imposed curfews at Legislative Plaza. (97) Briley's liaison was an occupier/attorney, demonstrating Occupy Nashville's comfort with lawyers. For Briley, the attorney-client relationship had been largely successful, though he noted that his proximity to the occupation and the smaller size of the Occupy Nashville movement reduced the possibility for miscommunication. "I've had most of the Occupy movement fit in my office," he chuckled. (98)
At Occupy Maine, Branson found himself acting in both diplomatic and legal capacities, dealing with a city that was initially polite and accommodating. (99) Branson quickly challenged the impending ban on daytime protesting in Monument Square, (100) and, at the request of the General Assembly, also applied for a permit for a canopy to keep Occupy Maine leafleting materials dry. (101) When the City replied that it did not issue "structural permits," Branson investigated and reminded the City that, for several years, the for-profit ski industry had erected a ski slope for promotional purposes in Monument Square and that the City of Portland and its corporate sponsors had hosted loud rock music concerts in Monument Square that involved the construction of staging and other structures. (102) From then on, Occupy Maine protested in Monument Square by day and camped in Lincoln Park, with the General Assembly authorizing Branson to articulate its position in an official letter to the city. (103) Through these quick decisions, Branson earned Occupy Maine's trust, and for many weeks the movement thrived.
3. Washington, D. C
Light's relationship with the original organizers of Occupy D.C. and his constant presence in McPherson Square facilitated communications with the movement, as did a Google Voice number that Light set up to serve as a legal helpline for anyone at Occupy D.C. (104) On December 5, 2011, during an eight hour standoff between Occupy D.C. and the police, Light located a protester at risk of having his tent seized, obtained a retainer, and rushed to court to file a temporary restraining order. (105) As in New York, the D.C. General Assembly could not approve Light's papers due to the emergency nature of the situation. It would behoove Occupations intent on organizing throughout the spring and summer to preemptively authorize scenarios in which legal action would be approved. Like the attorneys representing the other Occupy movements, Light weighed whether to include Occupy D.C. as a plaintiff, ultimately declining to do so not only because of the lack of clarity over who would sign such a retainer, (106) but also because Light would have difficulty making representations on behalf of the entire movement. Light added that he did utilize the General Assembly process to open a credit account for Occupy D.C. (107)
The plaintiffs that the Occupy Atlanta General Assembly nominated to participate in Filipovits' litigation included State Senator Vincent Fort, renowned civil rights activist Joe Beasley, and four occupiers. Both Beasley and Fort had considerable reputations in the community and had participated actively in Occupy Atlanta, and the four occupiers represented racial and gender diversity. (108) The named plaintiffs had decision-making authority on all aspects of the litigation, but they committed to representing the desires of the General Assembly on all matters. Legal Committee member Juliana Grant recalls that the General Assembly selected and approved the individual plaintiffs and that there was overwhelming support for engaging in litigation, but that the Legal Committee did not present litigation to the General Assembly for formal approval. (109) "A few of the committees, like Medical and Legal, had a lot of leeway to do what they thought best within the movement," Grant explained. (110)
Vasvari met regularly with liaisons for Occupy Cleveland and effectively communicated legal issues back to the broader movement, particularly during the tense months of October and November, when security presence was particularly high at Public Square. (111) The lawyers themselves did not attend. (112) Although Vasvari made it clear that the attorney-client relationship existed exclusively between his firm and the named plaintiffs and that the decision to sue was theirs alone, he did observe cooperation between the named plaintiffs and Occupy Cleveland. Vasvari was not aware of any occupiers' reservations about using the legal system. (113)
On November 8, 2011, Morse sent a letter to the City of Wilmington declaring Occupy Delaware's intention to remain at Peter Spencer Plaza. (114) On November 9, 2011, he filed a complaint. (115) Morse's complaint listed the occupation as a named plaintiff and compares it to a "modern day Bonus Army," referring to the World War I veterans that encamped en masse in the nation's capitol during the Great Depression. (116) Morse does not recall if the General Assembly specifically approved the lawsuit that was filed but said it was clearly understood that everyone's goal was to have access to Peter Spencer Plaza, a public space in the heart of the government district that Occupy Delaware had taken after rebuffing an offer to move to a Brandywine, a distant public park offered by the City of Wilmington. (117) When the city had proposed that settlement, Morse had to explain to city lawyers that such a settlement could not be presented until the next General Assembly, which was three days away. Morse commented that this was the most obvious departure from the traditional attorney-client relationship, as it would have been preferable to have an answer on that day. (118)
Despite the initially cordial relations with Mayor Parker, Occupy Houston eventually felt that it was no longer able to negotiate effectively with the City, particularly over the issue of tents. Silverman offered to negotiate on their behalf and asked to be granted the authority to file an injunction if appropriate. (119) Occupiers were reluctant to bring a lawsuit, and the approval Silverman and fellow attorneys sought from the General Assembly did not come for two weeks until Silverman personally appeared at a General Assembly to make her case. (120) Though she has received authorization, Silverman is not convinced that it is the right social justice tool at the moment. (121)
Longtime defense lawyer Lisa Daugaard helped form the legal working group, a mixture of lawyers and non-lawyer activists that coordinated defense representation, bail, and jail support. (122) The group deferred to the General Assembly on complicated issues such as who was covered by Occupy Seattle's bail policy. Lawyer interest diminished as lack of certainty about Occupy's direction grew, and Occupy Seattle now relies on the public defender system, which Daugaard says has been "generally fine." (123)
Occupy Boston soon expanded by what Dewey Square could contain, and occupiers erected tents on the neighboring Greenway, which was also controlled by a less than pleased private group. Shortly after midnight on October 11, 2011, police officers in riot gear destroyed the Greenway campsite, throwing property into dumpsters and arresting 141 individuals. (124) In the aftermath of the raid, approximately thirty lawyers and law students gathered in Feuer's home to discuss how best to provide legal support for Occupy Boston through legal observer training and represent arrested individuals as well as consider whether to file litigation in the hopes of preventing a similar raid on Dewey Square. During this period, lawyers from what would become the Civil Litigation Team made sure to have constant contact with the occupation. (125) Feuer notes that there was a lively discussion about whether to use the legal system as a means of recourse, with many different opinions offered. (126) In the end, the lawyers, with approval from the Occupy Boston General Assembly, determined that being proactive and winning a temporary restraining order could not only help Occupy Boston, but could also set a positive precedent for other occupations. The consensus was that using the court system was simply one of many vehicles for Occupy Boston to utilize in protecting the people's interests from corporations. (127)
10. New Orleans
When the legal team at Occupy NOLA began preparing for litigation in the event of a raid, they signed up twelve to fourteen occupiers to serve as litigation plaintiffs and took down their stories. (128) In doing so, the attorneys worked under the assumption that those documents would become public, and so worried little about discovery requests from the City of New Orleans. (129) Each statement was one or two pages long, "many quite moving," according to Quigley, and nearly all attached as exhibits to the litigation. (130) In initiating the litigation, the attorney team was honest with the occupiers of the low probability of long- or even short-term victory. (131) The occupiers chose to go forward with the litigation, however, holding several General Assemblies during which the litigation was discussed before it was approved. (132) Asked whether this dynamic, as well as the other headaches of taking on the city, the police and other political elements, made representing the Occupy movement challenging for social justice lawyers, Quigley responded, "[i]f you can't stand a high level of chaos and disorganization, you're in the wrong business." (133)
Fein enjoyed serving as counsel to Occupy Pittsburgh, though he admitted it was a unique experience. "Usually, when lawyers provide advice, the client goes along with it. Here, everything we filed went through the whole legal working group, which was only half lawyers." (134) Non-lawyers made substantial edits to drafts of legal papers, and more than a hundred emails were exchanged by legal working group members in the twenty-four hours before the filing deadline. (135) Fein observed that some attorneys who could not put their names on legal papers for political reasons pushed for novel legal theories, like claiming that BNY Mellon's previous fraud convictions meant they had "unclean hands," while those who actually had to sign the papers preferred to draft litigation they could defend in court. (136) Then everything had to go before the General Assembly. (137) Fein called the three hour General Assembly authorizing their Reply "the longest meeting I've ever had with a client to discuss approval of a pleading." (138) And yet, once the hearing began, with nearly one-hundred-and-fifty occupiers in attendance, the dynamic changed, as Occupy Pittsburgh saw their lawyers in action. (139) Jack Greenberg, the longtime General Counsel for the NAACP Legal Defense Fund, recalls that during the civil rights movement, groups like SNCC and the SCLC regarded lawyers, who they somehow identified with the "establishment," with suspicion, concerned that they would take over the direction of the movement. (140) Greenberg recounts, "[t]hen they saw us work in the courtroom. Even Dr. King was suspicious at first, but he came around." (141) Whether in Pittsburgh or elsewhere, the same dynamic has generally held true for the Occupy movement.
For Roark, the General Assemblies were remarkable efforts at self-government among very diverse individuals. (142) The tools of the Occupy system, from the "mike check" to appointing facilitators and timekeepers, were surprisingly effective. (143) As Occupy Miami continued, however, meetings were frequently disrupted by fringe elements who did not believe in the group process. (144) Still, general consensus among those who chose to attend the assemblies was reached on a variety of important issues, and a sort of leadership group emerged that generally possessed some authority among the campers. (145) At Occupy Miami, informal leadership emerged by specific areas of effort, such as media, direct action, signs, and food, and there was no shortage of Occupiers who demonstrated leadership capability. (146) Roark noted significant resistance from occupiers when she became involved in permit issues, as many did not trust lawyers. (147) Yet Roark earned the occupiers' trust eventually, explaining legal situations at General Assemblies and working hard to forge an agreement with the County. (148)
13. San Diego
Scoma characterized Occupy San Diego as overwhelmingly supportive of a potential lawsuit. (149) Getting approval at the General Assembly proved unrealistic, as General Assemblies had been subject to great disruption, perhaps by saboteurs, Scoma speculated, preventing consensus on any issue. (150) To keep occupiers as involved as possible, Scoma formed a legal working group. (151) The group's meetings were technically open to all, but key potential plaintiffs and witnesses received personal invitations. (152) That group served as the conduit for community feedback. (153) The lawsuit only named one plaintiff, Eugene Davidovich, a former Navy serviceman who had participated in the occupation since its inception, though the experiences of a number of other occupiers were attached as affidavits. As litigation continues, Scoma and fellow attorneys have held numerous press conferences and have maintained steady communications with occupiers. (154) But Occupy San Diego has not been without its tribulations. After four occupiers were charged with felonies for "mic-checking" the mayor, (155) Chris McKay, one of the defendants, expressed concern that he did not have proper representation in advance of his hearing and criticized the NLG for not pressing as hard as McKay felt it should have. (156) As occupations carry on in cities outside of NLG hubs like New York and Oakland, it may prove difficult for attorneys to keep providing pro bono representation to the Occupy movement. Few believed initially that the Occupy movement would last as long as it has, with even AdBusters, the original proponents of the movement, penning a "Tactical Briefing" to draw down occupations on December 17, 2011. (157) It is essential that all lawyers providing pro bono services to the Occupy movement pace themselves to balance their own professional availability with occupier expectations. "We have to clarify that volunteering is our own," noted Daugaard. (158)
Although most occupations had at least some discussion over whether the court system was an appropriate venue to fight the injustices endemic to the political system, Occupy Oakland wrestled with this question more than most. Stein recounted individual defendants cursing at judges and being arrested for disruptive conduct in courtroom hallways. (159) Such behavior is obviously challenging for progressive and radical lawyers, who, as officers of the court, are expected to comport themselves in a certain manner and in return are bestowed with an insider status in the court system that can make activists suspicious of them. Stein noted, however, "The lawyer's role isn't to tell people how to demonstrate or exercise their rights, and there is a time for civil disobedience, even uncivil disobedience." (160) While Stein continues to support Occupy Oakland, she laments that its members sometimes discount activist experience and legal experience. "A non-hierarchical structure is great," she commented, "but some occupiers lose sight of the fact that there are people with experience, and that there have been past movements ... offering a skill set is not hierarchical." (161)
Griffin noted that Occupy Minnesota's lack of activism experience, coupled with its propensity for civil disobedience, such as blockading a bridge, (162) and its commitment to non-hierarchical leadership, made legal organizing quite challenging. (163) When it came time to file litigation, however, the General Assembly identified seven delegates to serve as legal decision making liaisons, four of whom became named plaintiffs. (164) According to the Star Tribune, at least one occupier circulated a petition demanding Occupy Minnesota's withdrawal from the settlement eventually negotiated by Occupy Minnesota attorneys on the grounds that it had not been properly consulted. (165)
Occupy Austin's legal issues began when the City began issuing trespass summonses to occupiers in front of City Hall, banning them from the area for a year. Ryan Bates had read about these arrests with great concern, and his firm partnered with the Texas Civil Rights Project to represent two plaintiffs challenging these violations. (166) Bates was not representing Occupy Austin, but because the City refused to offer any serious compromise, (167) there was never any tension between the plaintiffs' goals and Occupy Austin's goals. In fact, Occupy Austin had already moved its General Assemblies away from the steps of City Hall so that occupiers who had been previously arrested could participate in General Assemblies without violating their summonses. Bates characterized most occupiers as supportive of a legal challenge, noting that "folks were much more willing to trust the vindication of what they believe in through the judicial process" than other political branches that they felt were subject to capture. (168) Bates added that unlike many lawsuits related to the Occupy movement, this suit is not about the right to a twenty-four-hour occupation, (169) though our interview was before Occupy Austin was evicted by the police in early February 2012 (170) and followed the City's promulgation of a stricter city policy regarding the use of the City Hall steps and plaza. (171)
17. Los Angeles
According to Occupy Los Angeles (OLA) Legal Committee member David Gibbons, tension over lawyers assisting occupiers not authorized by the General Assembly in negotiations with the City of Los Angeles lingered for months, as demonstrated by a spirited conversation on the OLA website in response to a post by NLG attorney Jim Lafferty. (172) There is now a Legal Committee specifically tasked with such negotiations, authorized by the General Assembly, and Gibbons believes that attorney-client relations are generally positive. (173) Such an issue is not terribly surprising, as one of the nation's largest occupations lacked a Legal Committee to deal with legal issues and liaising with attorneys until December 9, 2011, several days after the OLA's eviction. (174) Like other legal working groups at large occupations, the Legal Committee's mission is to support arrestees and communicate directly with the NLG and other legal representatives, though Gibbons said the group struggles with balancing the need to be horizontal and participatory while maintaining confidentiality with respect to potential lawsuits and arrest situations. (175)
C. Local Government: Friend or Foe?
1. Friendly Relations a. Rochester
The Occupy movement's best success stories often involve the cooperation of local officials. The Occupy Rochester movement was spared the tribulations of its downstate neighbor, as the NYCLU brokered an agreement with the City of Rochester. (176) The NYCLU obtained a copy of the ordinance that the city had relied on, concluded that it was constitutionally defective due to the limitless discretion it conferred on the Parks Commissioner, and sent Mayor Thomas Richards a letter articulating that position. (177) The NYCLU was prepared to bring litigation to challenge the ordinance and its application to Occupy Rochester, but a local attorney they had enlisted suggested that the NYCLU should consider approaching the Rochester Corporation Counsel's Office to resolve the controversy. (178)
NYCLU Attorney Arthur Eisenberg noted, however, that the negotiation process required representatives from Occupy Rochester who were authorized to speak, at least preliminarily, for the organization to respond to negotiations from the City of Rochester and participate with NYCLU lawyers in negotiating a resolution that might then be brought back to the General Assembly. Occupy Rochester designated two representatives with the authority to sit with the attorneys and flesh out a proposal that the representatives could bring back to the General Assembly. (179) Eisenberg characterized these representatives as "active." (180) Both the City and Occupy Rochester approved a settlement on November 10, 2011. (181) It was a great win for the occupiers, who remained at their preferred venue, Washington Square Park, and were permitted to have tents and amplified sound, in return for a pledge to keep their camp clean and otherwise obey the law. (182) The agreement was set to expire on January 11, 2012, but the City has permitted the now small encampment to continue, as long as it ends before the spring. (183) Like many cities across the country, the City of Rochester was partially sympathetic to the Occupy movement. The NYCLU and Occupy Rochester were able to parlay that sympathy into a successful compromise, which NYCLU Executive Director Donna Lieberman called "an example for other cities throughout the state and nation." (184)
To Portland's credit, the City allowed Occupy Maine's activities to continue unabated for nearly two months. (185) Occupy Maine was orderly, respectful of the local farmer's market, and publicly appreciative of the city for its cooperation. (186) Though Branson remained the official liaison to the City and to the Portland Police Department, he reported little need for legal intervention until around Thanksgiving. City officials conducted a walkthrough of Lincoln Park and cited general safety concerns. (187) On the heels of several unsavory local pieces about activities at the encampment and a series of headline-grabbing evictions across the country, Branson felt that officials were "setting the stage for ending the occupation." (188)
When the City Council announced that it would require a special permit for the occupation to continue, Occupy Maine worked hard to craft a fair compromise. After a General Assembly meeting that delineated the concessions Occupy Maine was willing to accept, the General Assembly submitted a permit application and sent Branson and five occupiers, known as the Diplomacy Working Group, to negotiate with the City Council. When the City Council rejected the permit by a vote of eight to one, (189) the Diplomacy Working Group became the Legal Working Group, and Branson prepared for litigation, to which the General Assembly consented. Branson filed a complaint and motion for preliminary injunction in state court on December 19, 2011. (190)
Even as the two sides headed towards legal confrontation, the City assured Occupy Maine that the Lincoln Park status quo would be permitted until the court ruled on Occupy Maine's preliminary injunction, obviating the need for a temporary restraining order. Branson attributed this gesture to the trust built between the City and Occupy Maine over the previous three months. (191) The ACLU has filed an amicus brief (192) and has been supportive since the litigation started. Lincoln Park continued to host tents and occupiers through the frigid Maine winter months.
Occupy Maine ultimately prevailed on the question of whether camping is expressive conduct under the First Amendment, but the Court upheld the City's time, place, and manner restrictions, denying Occupy Maine's preliminary injunction. (193) Branson said that while Occupy Maine has not made a decision about future protest activity or legal challenges, the experience has been more than worthwhile. "Our parks most common use these days is for commercial purposes," he noted. "How refreshing that people are using the public space to rescue democracy. Occupy Maine is using a public forum in a way the founding fathers would have been proud of." (194)
On the day of Occupy Houston's first march, October 6, 2011, a law student walked into the office of Houston Mayor Annise Parker and asked if the protesters could remain at Hermann Square, scheduled as the march's destination. (195) They mayor agreed to let them stay as long as they remained peaceful and law abiding. (196) Non-lawyer representatives from Occupy Houston continued to negotiate with the City on their own behalf, which Silverman called "very empowering." (197) She added, "[i]t's one thing for a mayor to tell a lawyer, 'your people can't sleep there,' and another to tell a law student, 'you don't have the First Amendment rights you're learning about.'" (198) Silverman credits Mayor Parker for her behavior towards the occupiers; while Parker did not permit tents in the Hermann Square, police officers did allow them to be erected once during inclement weather, and rather than ending the occupation with a raid, Parker approached the group in person. (199)
Occupy Delaware reached a settlement with the City of Wilmington on November 10, 2011, allowing Occupy Delaware to camp in Peter Spencer Park. (200) Little controversy has emerged since then. (201) Since the tumult of its first few days, Occupy Delaware has applied for permits when it has held marches and has called on Richard Morse when it has run into obstacles receiving the requested permits. (202)
Occupy Pittsburgh received wide support early, including a supportive City Council resolution, mobilization from African-American churches, and a friendly relationship with the police, which Fein surmises was due to Pittsburgh's long history of union protests. (203) Furthermore, declining real wages and income inequality "[h]as been the message here forever." (204) But BNY Mellon eventually grew weary of the occupation, and, on December 12, 2011, they filed a lawsuit seeking to evict Occupy Pittsburgh. (205) Occupiers were able to remain on site, however, with the Sheriff's Office refusing to act until it received a specific court order that did not arrive until several weeks later. (206)
2. Unraveling over Time
Despite criticism from Governor Cuomo, who insisted that park curfew rules should be enforced, (207) the Occupy Albany movement maintained a less hostile relationship with Mayor Gerald Jennings. One of the attorneys for Occupy Albany, Mark Mishler, recalls a spirited internal discussion over how to engage in dialogue with the City and who should represent the movement in those conversations. (208) In the meantime, Occupy Albany maintained positive relations with both the Albany Police Department and the District Attorney's office. The good relations with the police, however, were dashed when the City launched a surprise late night eviction on December 22, 2011. (209) Mishler characterized the eviction as an ambush. (210) Mishler recalled that on Wednesday, December 21, he had been in dialogue with the City about the occupation and was given no indication of any impending action by the City. Nevertheless, twenty-four hours later the camp was dismantled and the City filed a temporary restraining order in state court. (211) Both legal and political work continues to this day, with Occupy Albany moving to an indoor storefront location to conduct organizing, and using a legal working group to communicate litigation developments to the General Assembly. (212)
b. New Orleans
Mayor Mitch Landrieu was initially receptive to Occupy NOLA, even bringing out donuts to occupiers camped outside of City Hall on one occasion. (213) Quigley identified no tension with local government for at least the first month of the occupation. (214) Eventually, however, Landrieu indicated that the occupiers' time was limited, and police officers began handing out flyers delineating rules regarding camping on public property. At this point, the attorneys began to get involved. (215)
Occupy Dallas caught a break by beginning its occupation when Winocour filed an initial suit seeking to enjoin the City from imposing a permitting requirement on the occupation because City attorneys were tied up in redistricting issues and were thus willing to compromise. (216) In mid-October, the parties reached an agreement allowing Occupy Dallas access to Pioneer Plaza, its preferred venue, for four more days, affording it a presence there during October 15, 2011's International Day of Action, after which it could move to another nearby city property a block away for another sixty days. (217) Remaining at that property came with nine relatively straightforward conditions, such as the City's refusal to allow a kitchen on site or permit use of City Hall restrooms by the encampment's occupants. (218) The negotiation may have been a pragmatic victory, but some occupiers felt it was a capitulation and wanted to risk arrest holding their ground. (219) Fortunately, from Winocour's perspective, a supermajority eventually urged approval of the compromise, and the group reached consensus after three General Assemblies. (220) Winocour noted, "[a] consensus based model, which requires lengthy discussions and 90% support, is not well-suited to decisions that have to be made quickly." (221)
In the new location, the movement remained generally unmolested for its first month. Occupy Dallas began to attract attention from the initially apathetic local population, confirming Winocour's view that "a sustained whisper is more effective than a brief shout." (222) In time, however, schisms emerged within the movement, and the peak protest of 180 people began to decline. Increasing numbers of the homeless population gravitated towards the encampment, while drug and alcohol use became prevalent. On November 11, 2011, the City notified Winocour that it would no longer permit overnight camping due to violations of the agreement. Winocour argued that the City was relying on ambiguous terms and instituted a second round of litigation, once again receiving support from a movement that generally respected the separation of powers and trusted in the legal process. (223)
On November 15, 2011, District Court Judge Jane Boyle denied Occupy Dallas' request for an injunction preventing the City from enforcing its public park ordinances, and the group was forcibly evicted two nights later. Winocour hopes the group carries on the strong message of its early days through creative process. "In this part of the world," Winocour remarked, "you catch more flies with honey than vinegar." (224)
Buffalo was also initially receptive to the Occupy movement, negotiating a renewable permit for a permanent occupation to last from December 1, 2011 to February 1, 2012. (225) The General Assembly affirmed the agreement after attorneys negotiated with the City; Irwin noted that the absence of occupiers in the negotiating room may have put the City at ease. (226) Despite a relatively incident-free two months, the City pursued the permit renewal negotiation with newfound hostility, offering only a one month permit and changing the alternative location to a location known for its high incidence of drug use. (227) The negotiations were further complicated by the attendance of occupiers who had used the General Assembly process to nominate representatives to join the lawyers. (228) Irwin compared the balance between trust-building and cooperative negotiating to criminal representation: "[i]f you're nice to the ADA (Assistant District Attorney), what is your client going to think?" (229) Occupy Buffalo was evicted on February 2, 2012. (230)
At Occupy Miami, after an initial month under the original permit which had an unspecified end date, a reluctantly cooperative County issued letters on a weekly basis permitting the occupation to continue. (231) During negotiations, Roark felt most useful facilitating conversations between mutually distrustful occupiers and local officials. (232) In these efforts, Roark often felt alone as, other than support from steady presences Michael Ray and Aidil Oscariz as well as occasional advice from the ACLU, support from the progressive legal community in Miami was more symbolic than practical during the Government Center phase of the movement. (233) Occupy Miami was finally evicted on January 31, 2012. (234) When arrests occurred, however, criminal attorneys stepped forward to dedicate significant resources to defending those arrested at the Florida International University campus, and as of March 2012, attorney meetings have been taking place to determine how to approach the continued program of harassment of occupiers by local police and federal law enforcement. (235) This harassment has included a beating, destruction of property, and a heavily armed police raid in March of the current Occupy Miami encampment of approximately forty to fifty people. (236) Unlike many lawyers, Roark does not spend much time thinking about a potential lawsuit concerning cancellation of Occupy Miami's permit. "The foreclosure work is the focus now," she said, echoing the sentiment of many occupiers not only in Miami, but around the country. (237) Foreclosure advocacy began in Miami and Ft. Lauderdale in January 2011 and is growing within the Occupy movement throughout the country. (238) Direct advocacy through protest, however, continues on a smaller scale and is expected to increase nationally in May, both locally and around the country. (239) From its inception, Occupy Miami was a peaceful movement, as represented by its moniker, "Peace City." (240) But the rising tide of police aggression against Occupiers has become unacceptable and is provoking a growing response among the legal community. (241) Miami has a long history of legal advocacy for homelessness and civil rights, and the City has significant legal infrastructure to mount an organized and coordinated campaign against injustice in its communities. (242)
Daugaard also served as liaison between Occupy organizers and the city government, attempting to secure Occupy Seattle a twenty-four-hour location to "engage in continuous political assembly." (243) Though Occupy Seattle was offered the opportunity to camp in front of City Hall, after numerous General Assembly debates, the majority of the group decided to remain in the preferable Westlake Park location. The occupiers were subjected to arrest and law enforcement pressure due to an anti-camping ordinance, and therefore decided to move to a community college campus shortly thereafter. (244) Occupy Seattle then moved to Seattle Central Community College, where it remained encamped from mid-October 2011 until its court ordered eviction in early December 2012. (245) Its goal is to return to Westlake Park, however, and creative lawyering may get it there. Daugaard pointed out that the Downtown Seattle Association received unfettered access to the space for its Holiday Carousel for up to six weeks (246) and, if the City is unwilling to provide a similar permit to Occupy Seattle, litigation may follow.
3. Hostility Comes with the Territory
Occupy Atlanta began on October 7, 2011 in Woodruff Park (soon to be renamed "Troy Davis Park" by occupiers), in downtown Atlanta. (247) Mayor Kasim Reed had originally issued an executive order suspending a restrictive park curfew, allowing for a continuous occupation, though in an abrupt change of heart, he later reversed the order. On October 24, 2011, the police cleared out the park and arrested fifty-three individuals. (248) On many evenings leading up to the raid, the police presence had escalated as the night progressed, creating a tense environment. (249) "We knew [the raid] was coming," legal working member Juliana Grant reflected. Occupy Atlanta filed suit on November 4, 2011, but District Court Judge Timothy Batten tersely denied Occupy Atlanta a temporary restraining order and preliminary injunction. (250) The following day, occupiers attempted to "reoccupy" the park, leading to a chaotic scene and a number of arrests. (251) Without a permanent outdoor space to occupy, Occupy Atlanta now operates out of the fourth floor of a homeless shelter in downtown Atlanta. (252)
Occupy Oakland made headlines for its frequent clashes with the Oakland Police Department, which turned particularly violent on October 25, 2011 when the police fired five rounds of tear gas into the occupation in an effort to evict the site (253) and gravely injured former Marine Scott Olsen. (254) The violence was particularly disheartening to Bobbie Stein, an activist lawyer who had led a 2003 lawsuit to establish crowd control policies in response to a similarly ugly confrontation between the Oakland police and antiwar demonstrators. (255) Stein, along with other NLG attorneys, offered to assist the Occupy Oakland protesters who had been victim to the City's alleged violations by filing a lawsuit in response. (256) Stein noted that, immediately following the lawsuit, the City demonstrated more restraint in its handling of protesters but appeared to resume its aggressive behavior after the court denied the plaintiffs injunctive relief. (257)
c. Fort Myers
Occupy Fort Myers tried to work within existing legal structures, seeking a permit throughout the first ten days of the occupation. (258) Nevertheless, the City of Fort Myers refused to issue one unless Occupy Fort Myers procured liability insurance. (259) A similar issue arose in Dallas. (260) Occupy Fort Myers actually took the trouble to seek price quotes, but found that the few companies that would insure an unincorporated association charged exorbitant rates. (261) As a result, the City announced that it would shut down the occupation on October 19, 2011, at which point the NLG connected an occupier to Keesler. (262) Keesler agreed to negotiate with the City on behalf of Occupy Fort Myers and a General Assembly was approved quickly as an authorized liaison to the City. (263) Keesler described the City as completely inflexible, refusing to waive the permit requirement despite her repeated calls and a letter she sent to the City Attorney's Office outlining First Amendment issues with the City's position. (264) That position left Keesler with few options but to seek Occupy Fort Myers' approval for litigation, which the General Assembly authorized hours before being raided. (265)
Hamilton regrets the hostility that has emerged between the protesters and the city, citing the protesters' dismissal of what he saw as an olive branch from Mayor Riley, generally considered one of the most progressive politicians in the state, to allow a continuous ninety-nine-hour occupation at a prominent location. (266) "This is not the fight we want," Hamilton lamented, voicing concern that the First Amendment battles across the country pitted demonstrators against city government, which he also sees as a victim of pro-corporate national policies. (267) Instead, Hamilton found that "[w]e allowed someone to whip up this controversy." (268) Occupy Charleston maintained a presence at a major public park each Saturday into the winter, but its sole attempt to erect tents and remain overnight led to mass arrests. (269)
D. Movement Victories
At a hearing on Occupy Nashville's motion for a temporary restraining order on October 31, 2011, the Tennessee State Attorney General's Office announced that the state would not oppose the plaintiffs' efforts opposing a state imposed curfew. Meanwhile, Judge Aleta Trauger had already made up her mind, declaring, "[I] can't think of a more quintessential public forum than Legislative Plaza." (270) Three weeks later, this ruling was converted to a preliminary injunction by agreement, an important win for Occupy Nashville. (271) Today, Tennessee politicians are resorting to legislating in a new attempt to evict the occupation. (272)
Occupy Cleveland filed a federal complaint on October 25, 2011, seeking a preliminary injunction against the City's enforcement of the evening curfew. The City was quick to settle and issued a permit to Occupy Cleveland to remain in Public Square for twenty four hours a day, though not to camp there. (273) In the months since the settlement, Occupy Cleveland has continued to receive monthly permits from the Cleveland Parks and Recreation Department. Following the settlement, Mayor Frank Johnson and Council President Martin Sweeney personally visited and endorsed the protest, a far cry from reactions in other cities. (274)
Occupy Minnesota secured a partial victory on November 28, 2011, when Judge Richard Kyle allowed for some aspects of the occupation to maintain a twenty-four-hour presence. (275) Relying in part on the Fort Myers decision, (276) Judge Kyle held that sleeping was an expression of speech, but that it also could be regulated with respect to time, place, and manner. (277) Judge Kyle also held that Hennepin County could prevent the occupiers from erecting tents and chalking the sidewalk. (278) The County could not, however, remove signs from the plaza, which allowed for the occupation to maintain a continued presence. (279) The parties were ordered into mediation. (280) In late December 2011, the parties agreed to a settlement abiding by Judge Kyle's orders, but dropped trespass charges against occupiers and allowed them to retrieve their belongings. (281)
4. New Orleans
On December 5, 2011, the day before their appearance before Judge Jay Zainey, the New Orleans Police Department cleared the camp. (282) This move angered Judge Zainey, who subsequently issued a seven day temporary restraining order against the City of New Orleans that allowed the occupiers to return to Duncan Plaza and rebuild their camp. (283) Though short-lived, the temporary restraining order was a major morale boost for the occupation. On December 13, 2011, Judge Lance Africk denied Occupy NOLA's motion for a preliminary injunction. (284)
When I called Feuer to discuss Occupy Boston, he commented on how the legal team for Occupy Boston has achieved success in establishing valuable, supportive precedent concerning temporary restraining orders in context of the Occupy movement, expanded the duration of Occupy Boston camp's stay in Dewey Square, and stimulated change in the direction of political debate in Boston. (285) Although events may have ended sourly for Occupy Boston, it remained a beacon of the movement in the aftermath of the raids that shook Occupy Wall Street, Occupy Oakland, and other encampments throughout November.
On November 15, 2011, Occupy Boston and four named plaintiffs filed for a temporary restraining order and included affidavits from each of the named plaintiffs describing why they were protesting and why they had a right to protest. (286) The very next day, Judge Frances McIntyre granted the temporary restraining order and scheduled a deadline for additional papers and a hearing on December 1, 2011. (287) This victory left the Dewey Square occupiers safe for the time being. On December 3, 2011, Judge McIntyre held a hearing on Occupy Boston's preliminary injunction before a packed courtroom. Howard Cooper and Benjamin Wish argued for Occupy Boston. Each side was permitted one witness. Although Feuer praised Occupy Boston's witness, a graduate student occupier, Judge McIntyre gave more credence to the testimony of the City of Boston's witness, a fire marshal who described a variety of health and safety concerns that the camp created. (288) On December 7, 2011, the court denied the preliminary injunction, citing mostly health and safety concerns. Two days later, with most of the occupiers already gone, the police bulldozed the camp and arrested forty-six individuals. Today, Dewey Square has been fully re-landscaped to look as if Occupy Boston never happened. (289)
In late November 2011, a number of Washington State occupations descended on the Washington State Capitol as part of an action called "Occupy the Capitol." (290) On November 28, 2011, when occupiers refused to leave after closing time, some were arrested and others received trespass warnings. (291) The trespass warnings banned them from reentering the entire capital campus for thirty days, seemingly targeting protests during the thirty day special session of the state legislature addressing Washington budget issues. Even worse, the trespass notices claimed that anyone arrested who had already received a trespass warning could be banned for a year, a distinction the Washington State Patrol made by using photographs it took of protesters holding trespass notices. (292) Attorney Benjamin Gould, who was alerted to the situation by a criminal defense attorney, called it "one of the most egregious First Amendment violations [he] had ever seen." (293) Gould and two other attorneys from the Seattle firm Keller Rohrback met with Mark Taylor-Canfield, the only client in the ensuing class action litigation, on December 1, 2011. The legal team worked through the weekend, filing a complaint, temporary restraining order, and preliminary injunction on the evening of December 4, 2011. Gould did not directly interact with any General Assemblies before filing and was clear that he did not formally represent any of Washington's Occupy movements. (294)
Following argument in federal court in Tacoma, the attorneys won an important First Amendment victory, with District Court Judge Robert Bryan declaring that the "preservation of constitutional First Amendment rights" required an injunction against the State Patrol's trespass warnings. (295) The Keller Rohrback attorneys met with the State of Washington's attorneys on January 24, 2012 to discuss a possible settlement, and the District Court extended the temporary restraining order to remain in effect until February 3, 2012 to allow for mediation with the defendants and an Assistant State Attorney General on January 24, 2012. (296) This mediation led to a settlement, a stipulation, and an injunction making the temporary restraining order permanent, all of which were entered by the District Court on February 2, 2012. (297) Through their defense of the First Amendment, the Keller Rohrback team assisted the Occupy movement without formally representing it. The Occupy Austin legal team later used the Keller Rohrback team's work as Occupy Austin faced similar trespass issues.
7. Fort Myers
In Occupy Fort Myers v. City of Fort Myers, a case Keesler brought on behalf of thirteen named plaintiffs and Occupy Fort Myers, District Court Judge John Steele held that the occupiers' sleeping and camping activities were constitutionally protected speech. (298) By granting an injunction against the city's enforcement of its ordinances against Occupy Fort Myers, Judge Steele delivered Occupy Fort Myers a legal triumph. (299) Keesler also considered the win a major activist success because this was the first experience the Occupy Fort Myers protestors had participating in a major demonstration event. (300) She attributes their willingness to work within the system based on a belief that the First Amendment was robust enough that the City would be cooperative. (301) In facing stonewalling and rejection from the City, these protesters have been baptized by fire.
Because Occupy Fort Myers has no working groups and has only approximately fifty core members, Keesler has worked at times through an individual liaison, on assignment. (302) The model of a single attorney or small group of attorneys working with a small- to medium-sized occupation has proven successful in other cities like Nashville, Tennessee and Portland, Maine. Maintaining the simplicity and streamlined communication of these attorney-client relationships would be difficult to replicate in places like New York City. Even the somewhat large Occupy Tampa movement seemed bedeviled by disputes over whether to seek permits, engage in civil disobedience, file litigation, or select attorneys to represent the movement. (303) Working in a very politically conservative area with an openly hostile City Council, Occupy Fort Myers could not have afforded internal discord. (304)
Although Columbia, South Carolina is not known as a hotbed of activism, Occupy Columbia's legal challenge was one of the biggest legal victories of the Occupy movement. The mayor had already taken the side of the protesters against the state, with Columbia's police department refusing to assist the state patrol in making arrests, (305) when Occupy Columbia filed in court. In Occupy Columbia v. Haley, District Court Judge Cameron Currie opened his decision with a resounding defense of occupation as a First Amendment right, calling it "a core component of the Occupy Columbia movement and a key message that the Occupy Columbia protesters seek to communicate to the government and to the world" and "the only effective manner in which Occupy Columbia members can express their message of taking back our state to create a more just, economically egalitarian society." (306) Judge Currie granted the requested injunction against the government, questioning whether the state camping policies were "[a]pplied equally to all persons and groups on the State House grounds." (307)
9. New Orleans
When a prominent Louisiana newspaper attempted to intimidate Occupy NOLA into refraining from offering their free monthly newsletter because this newsletter had violated the law by mocking the prominent newspaper, the defense benefitted from research by the People's Law Office in Chicago, which had helped protect Occupy Chicago from the Chicago Tribune under the same circumstances. (308) Quigley writes, "[t]his is yet another indication that the 1% is working together and sharing plans and responses, which underscores the need for our various independent occupy groups to share victories, losses, contacts and strategies to help craft the best local actions." (309)
The warm weather of spring will likely bring occupations back into the street with full force, and lawyers should contemplate the best way to contribute positively to the movement. There will always be a need for criminal defense and First Amendment lawyers, (310) despite the constraints on the law's ability to help the Occupy movement in those areas. I took a call from an occupier at Occupy Indy (Indianapolis) the night before its eviction in November, (311) and I was surprised to learn that the caller did not even know the contact information of a supportive lawyer. Another role lawyers can have is to educate occupiers about legal realism, the politics that have driven the judicial system since our nation's founding, if not earlier. Occupiers' faith in the legal system is commendable, but also surprising, given their harsh (and often fair) critiques of the executive, legislative and regulatory branches of government. But if the Occupy movement is at its best when it does not adhere to the type of cookie cutter protests that the establishment is well-versed in handling, perhaps its legal support should follow suit. As long as communication between occupiers and their lawyers remains open, and lawyers think creatively about using the legal system to advance the ambitious goals of their clients, the future remains unwritten.
(1.) Simon Rogers, Occupy Protests Around the World: Full List Visualised, GUARDIAN (Nov. 14, 2011, 6:45 PM), http://www.guardian.co.uk/news/ datablog/2011/ oct/17/occupy-protests-world-list-map. I was an attendee of this meeting in my capacity as a member of the Occupy Wall Street Activist Legal Working Group.
(2.) Azi Paybarah, Bloomberg tells Occupy Wall Street Protesters to Clear Zuccotti Park by Friday, CAPITAL (Oct. 12, 2011, 11:04 PM), http://www.capitalnew york.com/article/politics/2011/10/3722467/bloomberg-tells-occupy -wall-street-protes ters-clear-zuccotti-park-f.
(3.) Interview with Yetta Kurland, Attorney for Occupy Wall St., in N.Y.C., N.Y. (Feb. 27, 2012).
(4.) Letter from Liberty Park Working Group to Richard B. Clark, Chief Executive Officer, Brookfield Office Properties (Oct. 13, 2011), available at http://www. scribd.com/doc/68683172/2011-10-13-Brook-Field-Properties-Letter.
(6.) Colin Moynihan & Cara Buckley, Cleanup of Zuccotti Park Is Postponed N.Y. TIMES CITY ROOM (Oct. 14, 2011, 7:04 AM), http://cityroom.blogs.nytimes.com/ 2011/10/14/cleanup-of-zuccotti-park-cancelled/.
(7.) Lila Shapiro & Maxwell Strachan, Occupy Wall Street: New York Police Department Evicts Protesters, Clears Zuccotti Park, HUFFINGTON POST (Nov. 15, 2011, 1:52 PM), http://www.huffingtonpost.com/2011/11/15/zuccotti-park -cleared-occupywall-street_ n_1094313.html. This Article was sent for publishing on February 29, 2012, at which time some litigation was being considered but none had yet been filed.
(8.) FDL OccupySupply State of the Occupation: Updated List of Encampments Across the Country, FDL (Jan. 23, 2012), http://firedoglake.com/ state-of-theoccupation/.
(9.) For example, see the Occupy Homes movement. Occupy Group Declares Victory in Bertina Jones' Foreclosure Fight with Bank of America, HUFFINGTON POST (Feb. 28, 2012, 5:29 PM), http://www.huffingtonpost.com/2012/ 02/28/occupyour-homes-victory_n_1307626.html; Matt Sledge & Arthur Delaney, Bobby Hull, Former Marine in Foreclosure, Wins Mortgage Modification with Occupy Help, HUFFINGTON POST (Feb. 28, 2012, 10:47 AM), http://www.huffingtonpost.com/2012/ 02/27/bobby-hull-marine-foreclosure_n_1305199.html.
(10.) This Article will spend little time on the role of criminal defense attorneys, who generally represent occupiers as individual defendants.
(11.) Several examples include Melissa E. Crow, From Dyad to Triad: Reconceptualizing the Lawyer-Client Relationship for Litigation in Regional Human Rights Commissions, 26 MICH. J. INT'L L. 1097 (2005); Michael J. Klarman, Brown, Racial Change, and the Civil Rights Movement, 80 VA. L. REV. 7 (1994); Orly Lobel, The Paradox of Extralegal Activism: Critical Legal Consciousness and Transformative Politics, 120 HARV. L. REV. 937 (2007); Beth Van Schaack, With All Deliberate Speed: Civil Human Rights Litigation as a Tool for Social Change, 57 VAND L. REV. 2305 (2004); Lucie E. White, Mobilization on the Margins of the Lawsuit: Making Space for Clients to Speak, 16 N.Y.U. REV. L. & Soc. CHANGE 535 (1988).
(12.) I joined as a member of the ALWG in late September 2011. For a list of all Occupy Wall Street groups, see Groups Directory, OCCUPY WALL ST. N.Y. GEN. ASSEMBLY, http://www.nycga.net/groups/(last visited Mar. 22, 2012).
(13.) Cancel Retainer with Law Firm, OCCUPY WALL ST. N.Y. GEN. ASSEMBLY (Sept. 23, 2011), http://www.nycga.net/2011/09/23/ cancel-retainer-with-law-firm/.
(14.) Erica Fink, Occupy Wall Street Applies for Trademark, CNN MONEY (Oct. 31, 2011, 12:03 PM), http://money.cnn.com/2011/10/31/ news/economy/occupy_wal l_street_trademark/index.htm.
(15.) NYCGA Minutes 10/20/11, OCCUPY WALL ST. N.Y. GEN. ASSEMBLY (Oct. 20, 2011), http://www.nycga.net/2011/10/20/nycga-10202011/ (discussing how, eventually, the trademark lawyer appeared before the group, the trademark proposal was passed on to the General Assembly, and the General Assembly approved the proposal after vigorous discussion).
(16.) Al Baker, Colin Moynihan & Sarah Maslin Nir, Police Arrest More Than 700 Protesters on Brooklyn Bridge, N.Y. TIMES CITY ROOM (Oct. 1, 2011, 4:29 PM), http://cityroom.blogs.nytimes.com/2011/10/01/police-arresting -protesters-onbrooklyn-bridge/.
(17.) Breaking News: PCJF Files Class Action Lawsuit for Oct. 1 Brooklyn Bridge Mass Arrest, P'SHIP FOR CIV. JUST. FUND (Oct. 4, 2011), http://www.justiceonline.org/ commentary/brooklyn-bridge-2011-class-action-filing.html.
(18.) E-mail from Maralena Murphy, Occupy Wall Street Activist Legal Working Group, to Janos Marton (Jan. 16, 2012, 5:49 PM) (on file with author).
(20.) Activist Legal, OCCUPY WALL ST. N.Y. GEN. ASSEMBLY, http://www.nycga. net/groups/legal/(last visited Mar. 22, 2012). The group's full mission statement remains online.
(21.) E-mail from Matt McCoy, Occupy Wall Street Activist Legal Working Group, to Janos Marton (Jan. 16, 2012, 12:40 PM) (on file with author).
(22.) E-mail from Maralena Murphy, supra note 18.
(23.) Formed in 1937, the NLG has for nearly seven decades proudly flown the banner of radical lawyering, from representing communists during the McCarthy era and the families of murdered civil rights activists during the early 1960s to becoming the signature legal observer group for mass protests today, where legal observers' bright green hats stand out in the crowd and the NLG phone numbers are etched onto protesters' arms. In New York City, the NLG played a prominent role in defending the thousands of individuals arrested during the 2004 Republican National Convention. Our History, NATIONAL LAWYERS GUILD, http://www.nlg.org/about/history/ (last visited Mar. 22, 2012).
(24.) Interview with Yetta Kurland, supra note 3.
(25.) Kevin Gosztola, Letter to Zuccotti Park Owner from #OccupyWallStreet Legal Working Group, DISSENTER (Oct. 13, 2011, 10:16 PM), http://dissenter.firedog lake.com/2011/10/13/letter-to-zuccotti-park-owner-from-occupywallstreet -legalworking-group/.
(26.) Occupy Wall Street attorney Yetta Kurland explained, "[t]he prevailing thought was that the issue would be decided, even in court, and that we were too disempowered politically, to win; therefore, the goal was to stave off eviction by the City for as long as possible," and added, "the upside was that every day we avoided rolling the dice with litigation we made history in that it was another 24 hours of occupying Liberty Park." Interview with Yetta Kurland, supra note 3.
(27.) In an October 11, 2011 article, Kayden specifically assesses the legal rights governing Occupy Wall Street's presence at Zuccotti Park and concludes, "[t]he true answer is, no one knows." Jerold S. Kayden, Comment, ARCHITECT'S NEWSPAPER (Oct. 12, 2011), available at http://www.archpaper.com/news/ articles.asp?id=5691.
(28.) Interview with Yetta Kurland, supra note 3.
(30.) Draft Proposal for Fri 10/28 General Assembly: Structure, OCCUPY WALL ST. N.Y. GEN. ASSEMBLY (Oct. 27, 2011), http://www.nycga.net/2011/10/27/ draft-proposal -for-fri-1028-general-assembly-structure/. The Spokes Council was born out of a belief that the General Assembly format had grown too unwieldy to conduct the operational business of the many OWS working groups. Complications relating to the Spokes Council later confused and delayed attempts to secure OWS formal legal representation.
(31.) Though not an attorney of record, I was privy to a series of conference calls throughout the early morning hours.
(32.) Order to Show Cause and Temporary Restraining Order, Waller v. City of New York, No. 112957 (N.Y.S. 2d 2011), available at https://www.documentcloud.org /documents/266582-order-re-liberty-park/.
(35.) Yetta Kurland added that internal issues among lawyers proved unhelpful: "[w]e attempted to have a decentralized decision-making process without effective mechanisms to ensure its proper execution. Like any group, we suffered from the challenges of racism, sexism, agism, homophobia and other institutional forces which further impeded collaborative efforts." Interview with Yetta Kurland, supra note 3.
(36.) Joe Coscarelli & Noreen Malone, Fate of Zuccotti Park Uncertain as Judge, Bloomberg Disagree, N.Y. MAG. (Nov. 15, 2011, 8:42 AM), http://nymag.com/daily/ intel/2011/11/protesters-can-return_to_zuccotti_park.html.
(37.) Waller v. City of New York, 933 N.Y.S.2d 541, 545 (Sup. Ct. 2011).
(38.) Karen McVeigh, Destruction of Occupy Wall Street 'People's Library' Draws Ire, GUARDIAN (Nov. 23, 2011, 4:49 PM), http://www.guardian.co.uk/ world/blog/2011 /nov/23/occupy-wall-street-peoples-library.
(39.) Harriet Staff, Lawsuit over OWS Library Damages Filed, POETRY FOUND. (Feb. 14, 2012), http://www.poetryfoundation.org/harriet/2012/02/ lawsuit-over-owslibrary-damages-filed/.
(40.) The ALWG, spearheaded by Zephyr Teachout, took the initiative on this project. Mike Spiegel maintains that there may be future litigation over communal property that was destroyed. Telephone Interview with Mike Spiegel, Attorney for Occupy Wall St. (Feb. 28, 2012).
(41.) Draft Proposal for Thursday 12/1 General Assembly: Legal, OCCUPY WALL ST. N.Y. GEN. ASSEMBLY (Nov. 30, 2011), http://www.nycga.net/2011/ 11/30/draft-pro posal-for-tuesday-1129-general-assembly-legal/.
(42.) Proposal for Thursday 12/29 General Assembly: OWS Activist Legal Working Group, OccuPY WALL ST. N.Y. GEN. ASSEMBLY (Dec. 28, 2011), http://www.nycga. net/2011/12/28/proposal-for-thursday-1229-general-assembly -ows-activist-legalworking-group/.
(43.) Christopher Robbins, OWS Drops Lawsuit Against Camping Prohibition in Zuccotti Park, GOTHAMIST (Jan. 23, 2012, 6:43 PM), http://gothamist.com/2012/01/23/ ows_drops_lawsuit_against_camping_p.php. Not all agreed with this strategy. Yetta Kurland proposed to expedite an appeal from Judge Stallman's decision based upon the decision's "[g]laring errors, not the least being that it acknowledges Zuccotti Park as a public space yet concludes that the eviction was legal, citing only health concerns, when the only evidence of any violation of any health codes was a citation issued literally the morning of the eviction--the violation of a discretionary section of the code that articulated no specific wrongdoing." Kurland believed that a New York state court would have proved friendlier than a federal court system replete with conservative appointees and thought that discovery available in the process, win or loss, would be helpful to the clients. Finally, Kurland strongly advocated for bringing a contempt action, citing
Compelling footage of attorneys and occupiers attempting to serve New York Police Department officers with Justice Billings' Order allowing people back into the park, including a clip of a woman being physically assaulted when she tried to serve a police officer with this order. This is what was requested of us by the clients and while we needed to be effective in our representation, the movement is and was much more than the legal work being done within the system. Our clients are also concerned with challenging the system and the "politics" that have been at play in this process.
Interview with Yetta Kurland, supra note 3. Fellow Attorney for Occupy Wall Street Mike Spiegel countered that "[i]t only makes sense to use legal action if it really advances their agenda." Telephone Interview with Mike Spiegel, supra note 40.
(44.) E-mail from Maralena Murphy, supra note 18.
(45.) Jessica Cronstein, Mercedes Kraus & Max Podemski, #whOWNSpace, URBANOMNIBUS (Nov. 20, 2011), http://urbanomnibus.net/2011/11/whownspace/.
(46.) New York City Zoning Codes require, for example, that privately owned public spaces offer 50% open access from the sidewalk. See Nick Pinto, Zuccotti Park is Full of Zoning Violations, Says the NYCLU, VILLAGE VOICE (Jan. 10, 2012, 3:33 PM), http://blogs.villagevoice.com/runninscared/2012/01/ zuccotti_park_i.php.
(47.) Rights Groups Urge City to Halt Illegal Restrictions at Zuccotti Park, N.Y C.L. UNION (Jan. 9, 2012), http://www.nyclu.org/news/ rights-groups-urge-city_halt_ illegal-restrictions-zuccotti-park.
(48.) Brett Smiley, Police Remove Barricades at Zuccotti Park to the Delight of OWS Protesters, N.Y. MAG. (Jan. 10, 2012, 11:39 PM), http://nymag.com/daily/intel/ 2012/01/police-remove-barricades-at-zuccotti-park.html.
(49.) Fordham NLG Occupy Wall Street: A Conversation Panel at Fordham Law School, (Feb. 8, 2012).
(50.) 255 F.R.D. 110, 126 (S.D.N.Y. 2008).
(51.) Id at 125-26.
(52.) Cohen v. City of New York, 2010 WL 1837782 (S.D.N.Y. May 6, 2010).
(53.) 245 F.R.D. 112, 120 (S.D.N.Y. 2007).
(54.) Id. at 117-18.
(55.) Interview with Bill Quigley, Attorney for Occupy NOLA, in N.O., La. (Jan. 2, 2012).
(56.) The Law Department employs over 650 attorneys and calls itself "[o]ne of the largest public law offices in the country." Press Release, New York City Law Department, In Speech to Citizens Budget Commission, Corporation Counsel Michael A. Cardozo Addresses Key New York City Legal Issues Involving Billions of Dollars and Much-Needed Reform Initiatives (Sept. 22, 2011), available at http://www.nyc. gov/html/law/downloads/pdf/3167281_1.pdf.
(57.) Telephone Interview with Mike Spiegel, supra note 40.
(58.) Erin Geiger Smith, Occupy Wall Street's Downtown Opponents Ramp up Legal Team, THOMSON REUTERS (Nov. 11, 2011), http://newsandinsight.thomsonreu ters.com/Legal/News/2011/11_-_November/Occupy_Wall_Street_s_downtown_oppo nents_ramp_up_legal_team/.
(59.) In addition to the occupations described below, several attorneys did not respond to interview requests. Legal working group activists provided a unique perspective; however, they were not easy to reach in many cities compared to lawyers, whose contact information is on court documents.
(60.) Telephone Interview with Bobbie Stein, Attorney for Occupy Oakland (Jan. 17, 2012).
(61.) Sewell Chan & Jonathan P. Hicks, Council Votes, 29 to 22, to Extend Term Limits, N.Y. TIMES CITY ROOM (Oct. 23, 2008, 2:10 PM), http://cityroom.blogs.ny times.com/2008/10/23/council-to-debate-term-limits-change/.
(62.) Julia Kathan, Occupy Protesters, Cops Struggle to Balance Conflict With Sympathies, ABC NEWS (Nov. 5, 2011), http://abcnews.go.com/US/ occupy-protesterscops-struggle-balance-conflict- sympathies/story?id=14878528#.TyG486X--PY.
(63.) Telephone Interview with Jeff Feuer, Attorney for Occupy Boston (Jan. 12, 2012).
(66.) Telephone Interview with Bobbie Stein, Attorney for Occupy Oakland (Jan. 17, 2012).
(67.) Telephone Interview with David Gibbons, Legal Committee Member, Occupy Los Angeles (Jan. 16, 2012).
(68.) Telephone Interview with Daphne Silverman, Attorney for Occupy Houston (Jan. 17, 2012).
(70.) Telephone Interview with Jeff Filipovits, Attorney for Occupy Atlanta (Jan. 9, 2012).
(73.) Telephone Interview with David Briley, Attorney for Occupy Nashville (Dec. 12, 2011).
(74.) Telephone Interview by Courtney Libon & David Urena with Richard Morse, Legal Director, Am. Civil Liberties Union Found. of Delaware and Attorney for Occupy Delaware (Jan. 4, 2012).
(75.) Telephone Interview with Timothy Griffin, Attorney for Occupy Minnesota (Dec. 13, 2011).
(76.) Telephone Interview with Daire Irwin, Attorney for Occupy Buffalo (Feb. 8, 2012).
(78.) Telephone Interview with Rachel Scoma, Attorney for Occupy San Diego (Jan. 13, 2012).
(79.) Telephone Interview with Jonathan Winocour, Attorney for Occupy Dallas (Jan. 4, 2012).
(80.) Telephone Interview with John Branson, Attorney for Occupy Maine (Jan. 19, 2012).
(81.) Telephone Interview by David Urena with Raymond Vasvari, Attorney for Occupy Cleveland (Jan. 20, 2012).
(82.) Telephone Interview with Kelley Roark, Attorney for Occupy Miami (Jan. 31, 2012).
(92.) Telephone Interview by David Urena with Jeffrey Light, Attorney for Occupy D.C. (Feb. 1, 2012).
(94.) Telephone Interview with Marvin Fein, Attorney for Occupy Pittsburgh (Feb. 8, 2012).
(95.) Telephone Interview with William Hamilton, Lawyer affiliated with Occupy Charleston (Jan. 15, 2012).
(97.) Telephone Interview with David Briley, supra note 73.
(99.) Telephone Interview with John Branson, Attorney for Occupy Maine (Jan. 19, 2012).
(100.) Monument Square, located in the heart of Portland's commercial downtown, was the original site for Occupy Maine. Noah Hurowitz, 'OccupyMaine' Protest Descends on Monument Square, FREE PRESS (Oct. 2, 2011), http://usmfreepress.org/ 2011/10/occupy-maine-protest-descends-on-monument_square.
(101.) Telephone Interview with John Branson, supra note 80.
(104.) Telephone Interview by David Urena with Jeffrey Light, supra note 92.
(106.) Light had called the Washington D.C. Bar Association to clarify whether he would need to obtain a written retainer to claim that he represented Occupy D.C., and had been told that he did. Id.
(108.) Telephone Interview with Juliana Grant, Legal Committee Member, Occupy Atlanta (Jan. 23, 2012).
(111.) Telephone Interview by David Urena with Raymond Vasvari, Attorney for Occupy Cleveland (Jan. 20, 2012).
(114.) E-mail from Richard H. Morse, Legal Director, American Civil Liberties Union Found. of Delaware, to Rosamaria Tassone-DiNardo, First Assistant Solicitor, City of Wilmington Law Dep't (Nov. 8, 2011), available at http://www.aclu-de.org/ wp-content/uploads/2011/11/ACLU-Letter-re-Spencer_Plaza.pdf?9d7bd4.
(115.) Complaint at 15, Occupy Delaware v. City of Wilmington (Del. Ch. 2011), available at http://www.aclu-de.org/wp-content/uploads/2011/11/ Occ-De-Complaint- 11.9.11.pdf?.
(116.) Id. at 2.
(117.) Nancy Willing, Occupy Delaware Moves to Peter Spencer Plaza as Markell's NO SIGNS--NO DEMONSTRATIONS Campsite Compromise Rejected, DELAWARE WAY (Nov. 7, 2011), http://delawareway.blogspot.com/2011/11/occupy- delaware-moves-to-peter-spencer.html.
(118.) Telephone Interview by Courtney Libon & David Urena with Richard Morse, supra note 74.
(119.) Telephone Interview with Daphne Silverman, Attorney for Occupy Houston (Jan. 17, 2012).
(122.) Telephone Interview with Lisa Daugaard, Attorney for Occupy Seattle (Feb. 28, 2012).
(124.) Telephone Interview with Jeff Feuer, Attorney for Occupy Boston (Jan. 12, 2012); see also Michael Naughton, Occupy Boston: Arrested Protesters Taken to Court, METRO (Oct. 11, 2011, 12:37 PM), http://www.metro.us /boston/local/article/ 993620--occupy-boston-arrested-protesters-taken-to-court.
(125.) Telephone Interview with Jeff Feuer, supra note 124.
(128.) Interview with Bill Quigley, supra note 55.
(134.) Telephone Interview with Marvin Fein, Attorney for Occupy Pittsburgh (Feb. 8, 2012).
(140.) Telephone Interview with Jack Greenberg, Former General Counsel, NAACP Legal Defense Fund (Jan. 13, 2012).
(142.) Telephone Interview with Kelley Roark, Attorney for Occupy Miami (Jan. 31, 2012).
(149.) Telephone Interview with Rachel Scoma, supra note 78.
(155.) Frank Gormlie, Occupy Activists Charged with Felonies for Interrupting Mayor Sanders' State of City Address, OBRAO.ORG (Jan. 14, 2012), http://obrag.org/? p=52601&cpage=1.
(156.) Telephone Interview with Chris McKay, Member, Occupy San Diego (Jan. 15, 2012).
(157.) Tactical Briefing # 18, ADBUSTERS (Nov. 14, 2011), http://www.adbusters.org/ blogs/adbusters-blog/adbusters-tactical-briefing-18.html.
(158.) Telephone Interview with Lisa Daugaard, supra note 122.
(159.) Telephone Interview with Bobbie Stein, supra note 66.
(162.) Jacob Wheeler, 11 Occupy MN Activists Arrested for Shutting Down Bridge, UPTAKE (Nov. 18, 2011), http://www.theuptake.org/2011/11/18/eleven-occupy-mn- activists-arrested-for-shutting-down-bridge/.
(163.) Telephone Interview with Timothy Griffin, supra note 75.
(165.) Daarell Burnette II, Judge Dismisses Occupy Protest Lawsuit, MINNEAPOLIS STAR TRIB. (Dec. 23, 2011, 8:35 PM), http://www.startribune.com/ local/minneapolis/ 136167638.html.
(166.) Telephone Interview with Ryan Bates, Attorney for Plaintiffs Challenging City of Austin Trespass Summonses (Jan. 30, 2012).
(167.) Id. The City's policy has since been rescinded. Id.
(170.) Richard Whittaker, Occupy Austin Evicted, AUSTIN CHRON. (Feb. 4, 2012, 2:14 PM), http://www.austinchronicle.com/blogs/news/2012-02-04/ occupy-austin-evict ed/.
(171.) Telephone Interview with Ryan Bates, Attorney for Plaintiffs Challenging City of Austin Trespass Summonses (Jan. 30, 2012).
(172.) Jim Lafferty, A Letter From Jim Lafferty of the National Lawyers Guild, OCCUPY LOS ANGELES (Dec. 21, 2011, 3:03 AM), http://occupylosangeles.org/?q=node/ 3180.
(173.) Telephone Interview with David Gibbons, supra note 67.
(175.) Id. Occupy Albany Attorney Mark Mishler pointed out occupations in smaller cities do not have the same issues with trust, confidentiality, and infiltration, as many area activists and attorneys have known each other for years. Telephone Interview with Mark Mishler, Attorney for Occupy Albany (Feb. 29, 2012).
(176.) Wilderside, NYCLU Brokers Deal Between City and Occupy Rochester to Protect Protest in City Park, ONTHEWILDERSIDE.COM (Nov. 10, 2011), http://www. onthewilderside.com/2011/11/10/nyclu-brokers-deal-between-city-and-occupy- rochester-to-protect-protest-in-city-park/.
(177.) Telephone Interview with Arthur Eisenberg, Legal Director, N.Y.C.L. Union (Jan. 6, 2012).
(181.) Agreement Between City of Rochester and Occupy Rochester, available at http://www.nyclu.org/files/releases/Final%20Camping%20Agreement.pdf (last visited Mar. 20, 2012).
(182.) Wilderside, supra note 176.
(183.) Cierra Putman, Occupy Rochester Staying in Park, Celebrates 2 Month Encampment, ROCHESTER HOMEPAGE.NET (Jan. 10, 2012), http://rochesterhomepage.net/ fulltext?nxd_id=292832.
(184.) Wilderside, supra note 176.
(185.) Portland Tells Occupy Maine Members They Must Decide Next Move by Thursday, BANGOR DAILY NEWS (Mar. 24, 2012, 5:17 PM), http://bangordailynews.com/2011/12/10/news/portland/portland- tells-occupymaine_members_they_must_decide-next-move-by-thursday/.
(186.) Telephone Interview with John Branson, supra note 80.
(189.) Seth Koenig, Portland Denies Occupy Maine Permit: Protesters Promise Court Fight, BANGOR DALLY NEWS (Dec. 8, 2011, 4:04 PM), http://bangordailynews.com/2011/12/07/news/portland/portland- council-denies-occupymaine_permit_potential-legal-battle-looms/.
(190.) Branson noted that Maine has an "affirmative" First Amendment right in its state constitution, as well as other liberties not expressly guaranteed by the Federal Constitution, including the right of petition and the power to reform the government when the people's safety and happiness require it. Branson and allied attorneys from the American Civil Liberties Union of Maine had hoped the court would interpret the protections conferred by the state constitution in this manner and to include more rights than the First Amendment of the federal constitution. Telephone Interview with John Branson, supra note 80.
(192.) A CLU of Maine Files Amicus Curiae Brief in Support of Occupy Maine Urges Court to Apply Highest Possible Scrutiny to City Restrictions, AM. C.L. UNION (Dec. 19, 2011), http://www.aclu.org/free-speech/aclu-maine-files -amicus-curiae-brief-support-occupy-maine-urges-court- apply-highest.
(193.) Mario Moretto, Judge Rules Against Occupy Maine; Portland Officials Weigh Eviction, SUN J. (Feb. 1, 2012, 1:01 PM), http://www.sunjournal.com/ news/approved/ 0001/11/30/judge-rules-against-occupymaine-portland-officials/1149286; Occupy Maine Gets More Time to Remove Tents, CBS MONEY WATCH (Feb. 6, 2012, 16:30 EST), http://www.cbsnews.com/8301-505245_162-57372135/ occupy-maine-gets-more-time-to-remove-tents.
(194.) Telephone Interview with John Branson, supra note 80.
(195.) Telephone Interview with Daphne Silverman, supra note 119. For a description of the march, see Brittanie Shey, Occupy Wall Street: 99 Percent Protesters March to City Hall for Occupy Houston, HOUSTON PRESS (Oct. 6, 2011, 12:05 PM), http://blogs.houstonpress.com/hairballs/2011/10/ occupy_wall_street_99_percent.php.
(196.) Telephone Interview with Daphne Silverman, supra note 119.
(200.) Telephone Interview by Courtney Libon & David Urena with Richard Morse, supra note 74.
(203.) Telephone Interview with Marvin Fein, Attorney for Occupy Pittsburgh (Feb. 8, 2012).
(205.) Bank of N. Y. Mellon v. Occupy Pittsburgh, OCCUPY PITTSBURGH (Dec. 15, 2011), http://www.occupypittsburgh.org/content/bank-new-york-mellon_v_occupy_ pittsburgh. Fein characterized the extensive lawsuit as "overkill" as it required filing of a complicated complaint for what BNY Mellon characterized as a simple trespass action. Id Personal property issues, however, were not the only matters litigated; resolution of the case also involved complex freedom of speech issues. See id.
(206.) Moriah Balingit, Judge Issues New Order To Oust Occupy Pittsburgh, PITFSBURGH POST-GAZETTE (Feb. 6, 2012), http://www.post-gazette.com/pg/12037/1 208494-100.stm.
(207.) Michael Powell, In Stare-Down with Protesters, Governor Blinked, N.Y. TIMES, Nov. 1, 2011, at A19.
(208.) Telephone Interview with Mark Mishler, supra note 175.
(209.) The Eviction of Occupy Albany, ALL OVER ALBANY (Dec. 22, 2011), http://alloveralbany.com/archive/2011/12/22/the-eviction-of-occupy-albany.
(210.) Telephone Interview with Mark Mishler, supra note 175.
(213.) Interview with Bill Quigley, supra note 55.
(216.) Telephone Interview with Jonathan Winocour, supra note 79.
(218.) The lack of nearby restrooms for public use was actually a significant inconvenience for occupiers. Id.
(225.) Telephone Interview with Daire Irwin, Attorney for Occupy Buffalo (Feb. 8, 2012).
(227.) The main location would have remained the same, but Occupy Buffalo required an alternative location as Niagara Square would be needed as a snow-dumping ground in the event of a blizzard. Id.
(230.) Kaitlyn Lionti, Occupy Buffalo Camp Removed from Niagara Square, YNN (Feb. 2, 2012, 4:07 PM), http://jamestown.ynn.com/content/top_stories/ 572405/occupy -buffalo-camp-removed-from-niagara-square/.
(231.) Telephone Interview with Kelley Roark, supra note 142.
(234.) Craig Chester, Occupy Miami: 'Eviction Will Make Us Stronger', BEACHED MIAMI (Feb. 2, 2012), http://www.beachedmiami.com/2012/02/02/ occupy.miami.eviction-will-make-us-stronger/.
(235.) Telephone Interview with Kelley Roark, supra note 142.
(243.) Telephone Interview with Lisa Daugaard, supra note 122.
(245.) Jonah Spangenthal-Lee, Seattle Central Gives Occupy Camp 72 Hours to Move, PUBLICOLA (Dec. 6, 2011, 4:57 PM), http://publicola.com/2011/ 12/06/seattle-central-gives-occupy-camp-72-hours-to- move/.
(246.) Lucy, Westlake Park Holiday Carousel, DOWNTOWN SEATTLE NEWS (Nov. 18, 2011, 9:18 AM), http://www.downtownseattlenews.com/2011/ westlake_park_holiday_ carousel/.
(247.) Peralte Paul, Occupy Atlanta "Renames" Woodruff Park to Troy Davis, EASTATLANTAPATCH (Oct. 11, 2011), http://eastatlanta.patch.com/ articles/ occupy-atlanta-renames-woodruff-park-troy- davis-park.
(248.) Jin Zhao, Occupy Atlanta: Life After Eviction, NATION (Dec. 21, 2011), http://www.thenation.com/article/165307/ occupy_atlanta_life_after_eviction.
(249.) Telephone Interview with Juliana Grant, supra note 108.
(250.) DOWNTOWN: Occupy Atlanta's Request for Injunction Against City Denied, 11 ALIVE (Nov. 4, 2011, 9:51 PM), http://www.11alive.com/rss/ article/211789/3/ DOWNTOWN-Occupy-Atlantas-request-for-injunction_against.city_denied.
(251.) Associated Press, 20 Arrested at Occupy Atlanta Protest, CBS NEWS (Nov. 6, 2011, 9:35 AM), http://www.cbsnews.com/8301-201_162-57319328/20_arrested_at_ occupy-atlanta-protest/.
(252.) Telephone Interview with Juliana Grant, supra note 108.
(253.) Associated Press, Occupy Oakland Protest: Police Fire Tear Gas and Beanbag Rounds, Clear out Encampment, HUFFINGTON POST (Dec. 25, 2011, 5:12 AM), http://www.huffingtonpost.com/2011/10/25/occupy-oakland-protest-police -protesters-clash_n_1031879.html.
(254.) ABC News, Ex-Marine Injured in Occupy Oakland, ABC NEWS (Oct. 26, 2011), http://abcnews.go.com/US/video/marine-iraq-war -veteran-injured-occupy-oak land-caught-14821182.
(255.) Henry K. Lee, Agreement Reached on Crowd-Control Tactics, S.F. CHRON., Nov. 6, 2004, at B-5, available at http://articles.sfgate.com/ 2004-11-06/bay-area/17453 409_1_oakland-police-new-policy-protesters.
(256.) Telephone Interview with Bobbie Stein, supra note 66.
(258.) Telephone Interview with Jennifer Keesler, Attorney for Occupy Fort Myers (Feb 2, 2012).
(265.) Clautricel, Sheriff Evicts Occupy Fort Myers Nov. 18, 2011, YOUTUBE (Nov. 23, 2011), http://www.youtube.com/watch?v=ms4myS_cZyE.
(266.) Telephone Interview with William Hamilton, Attorney affiliated with Occupy Charleston (Jan. 15, 2012).
(269.) Rob Groce, The Occupation Comes to South Carolina, EXAMINER.COM (Jan. 1, 2012), http://www.examiner.com/charleston-democrat_in.charleston_sc/ the.occupation-comes-to-south-carolina.
(270.) Travis Loller, Occupy Nashville: Tennessee Officials Agree to Stop Arresting Protesters, HUFFINGTON POST (Nov. 1, 2011, 2:37 PM), http://www.huffingtonpost. com/2011/11/01/occupy-nashville-officials_n_1068795.html.
(271.) Jeff Woods, After Trying to Remove Occupy Nashville Protesters by Force. Haslam Seeks Middle Ground, NASHVILLE CITY PAPER (Nov. 20, 2011, 9:05 PM), http://nashvillecitypaper.com/content/city-news/after-trying-remove -occupy-nashville -protesters-force-haslam-seeks-middle-ground.
(272.) Tom Humphrey, Bill to Evict Occupy Protesters Advances, KNOXNEWS.COM (Feb. 7, 2012, 7:44 PM), http://www.knoxnews.com/news/2012/feb/07/ bill-to-evict-occupy-protesters-advances/. The police often work outside legislative boundaries to begin with. In Charlotte, for example, the City Council's ban on overnight camping permitted the use of tents for non-sleeping protest purposes, but a police raid tore down every tent at Occupy Charlotte, bringing an end to an occupation that lasted nearly four months. Attorney Ken Davies filed a request for a temporary restraining order against enforcement of the anti-camping ordinance, but could not have his case heard before the camp's eviction. See Cleve R. Wootson Jr., Steve Harrison & Steve Lyttle, Police Return to Occupy Camp, Roust Protesters, CHARLOTTE OBSERVER (Jan. 31, 2012), http://www.charlotteobserver.com/2012/01/30/v-print/ 2971011/cmpd-begins-occupy-eviction.html.
(273.) Olivera Perkins, Occupy Cleveland Can Demonstrate on Public Square 24 Hours a Day, PLAIN DEALER (Oct. 27, 2011, 7:30 AM), http://www.cleveland.com/ business/index.ssf/2011/10/occupy_cleveland can demonstra.html.
(274.) Vince Grzegorek, City Officials Weigh in on Occupy Movement; Cleveland Amenable, Other Ohio Cities Not So Much, SCENE (Oct. 13, 2011, 4:00 PM), http://www.clevescene.com/scene-and-heard/archives/2011/10/13/ city-officials-weight-in-on-occupy-movement-cleveland- amenable-other-ohio-cities-not-so-much.
(275.) Associated Press, Federal Judge Rules on Minn. Protesters' Demands, FIRST AMENDMENT CENTER (Nov. 28, 2011), http://www.firstamendmentcenter.org/ federal-judge-rules-on-minn- protesters%E2%80%99_demands.
(276.) See supra Part II.C.3.c.
(277.) Occupy Minneapolis v. County of Hennepin, 2011 WL 5878359, at *4 (D. Minn. Nov. 23, 2011).
(281.) Daarel Burnette II, Judge Dismisses Occupy Protest Lawsuit, MINNEAPOLIS STAR TRIB. (Dec. 23, 2011, 8:35 PM), http://www.startribune.com/local/ minneapolis/ 136167638.html.
(282.) Katy Reckdahl, Occupy NOLA Will Be Allowed to Rebuild Encampment in Duncan Plaza, TIMES-PICAYUNE (Dec. 6, 2011, 4:34 PM), http://www.nola.com/ crime/ index.ssf/2011/12/post_290.html.
(284.) Katy Reckdahl, Judge Clears Way for Eviction of Occupy NOLA Camp, TIMES-PICAYUNE (Dec. 13, 2011, 5:35 PM), http://www.nola.com/crime/i ndex.ssf/2011 /12/occupy_nola_protesters_say_new.html.
(285.) Telephone Interview with Jeff Feuer, supra note 124.
(286.) Ashley Portero, Occupy Boston Files Lawsuit to Block Police Ousting, Midnight Raids, INT'L BUS. TIMES (Nov. 15, 2011, 5:31 PM), http://www.ibtimes.com/ articles/250060/20111115/occupy-boston-files- lawsuit-block-police-ousting.htm.
(287.) Denise Lavoie, Boston Judge Temporarily Blocks Occupy Removal, BOSTON.COM (Nov. 16, 2011), http://www.boston.com/news/local/massachusetts/arti cles/2011/11/16/occupy_boston_seeks_court_order to block_removal/.
(288.) Telephone Interview with Jeff Feuer, supra note 124.
(290.) Trevor Griffey, Occupy the Capitol: The Next Stage in the Occupy Movement, SEATTLE PI (Nov. 29, 2011, 5:00 AM), http://blog.seattlepi.com/trevorgriffey/ 2011/11/29/occupy-the-capitol/.
(291.) Judge Bars Washington State Police from Issuing Trespass Notices at State Capitol, Q13 Fox NEWS (Dec. 6, 2011, 5:06 PM), http://www.q13fox.com/news/kcpqoccupy-protesters-seek-restraining-order -against-washington-state-patrol-20111206,0, 6117752.story.
(292.) Telephone Interview with Benjamin Gould, Attorney for Mark Taylor-Canfield (Jan. 26, 2012).
(295.) Associated Press, Occupy Gets Early Legal Win over State Patrol, KING5.COM (Dec. 7, 2011, 8:24 AM), http://www.king5.com/news/cities/olympia/ Occupy-gets-early-legal-win-over-State-Patrol- 135168563.html.
(296.) Telephone Interview with Benjamin Gould, supra note 292.
(298.) No. 2:11-cv-00608-FtM-29 DNF, 2011 WL 5554034, at *5 (M.D. Fla. Nov. 15, 2011) (holding that "[i]n the context of this case[,] the tenting and sleeping in the park as described by plaintiffs' counsel is symbolic conduct which is protected by the First Amendment.").
(299.) Judge Rules Against City in 'Occupy' Lawsuit, NBC-2.COM (Nov. 16, 2011, 6:24 PM), http://www.nbc-2.com/story/16056138/2011/11/16/federal-judge -rules-against-city-in-occupy-lawsuit; Marisa Kendall, Fort Myers Weighs Occupy Ruling, NEwS-PRESS.COM (Nov. 16, 2011, 11:10 PM), http://www.news-press.com/ article/2011 1117/NEWS0110/311170008/Fort-Myers-weighs-Occupy-ruling.
(300.) Telephone Interview with Jennifer Keesler, supra note 258.
(305.) Columbia Police Refuse to Assist State Officers in Arresting "Occupy" Protesters, ONTD POLITICAL (Nov. 25, 2011, 1:24 AM), http://ontd-political.livejournal. com/8985085.htrnl.
(306.) No. 3:11-cv-03253-CMC, 2011 WL 6318587, at *1 (D.S.C. Dec. 16, 2011).
(307.) Id. at *10.
(308.) E-mail from Bill Quigley, Attorney, Occupy NOLA, to Janos Marton (Feb. 20, 2012, 10:19 AM) (on file with author).
(310.) See Zoe Tillman, Park Police Must Give 24-Hour Notice to Evict Occupy D.C., Judge Rules, LEGAL TIMES (Dec. 6, 2011, 11:35 AM), http://legaltimes.typepad. com/blt/2011/12/park-police-must-give-24-hour-notice-to-evict-occupy-dc -judge-rules.html. Occupy D.C. is the latest major occupation to enter litigation. Henke v. Dep't of the Interior, No. 1:11-cv-02155-JEB, at *1 (D.C. Feb. 2, 2012), available at http://legaltimes.typepad.com/files/boasberg-opinion-3.pdf.
(311.) State Clears Most of Occupy Indy Encampment, INDY CHANNEL (Nov. 18, 2011, 12:59 PM), http://www.theindychannel.com/news/29804410/detail.html.
Janos D. Marton, I would like to extend my appreciation to all of the busy attorneys and activists who took the time to interview with me about this topic. In particular, I would like to thank third-year Fordham School of Law students Courtney Libon and David Urena for their invaluable assistance conducting interviews and doing legal research.
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|Author:||Marton, Janos D.|
|Publication:||Fordham Urban Law Journal|
|Date:||May 1, 2012|
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