From:   Matthew Bralow <>
Sent time:   Thursday, October 13, 2011 4:00:43 PM
To:;; Wall Street Arts and Culture <>
Subject:   [september17discuss] Re: [Wall St A&C] Post-Eviction Strategies?

we may want to try this... as we did with bloombergville... i was

thinking we needed to do this anyway since we have outgrown the space

and need to spread


*A 2000 court ruling in Met Council v. NYPD stated that "[T]he Court

concludes that… the First Amendment of the U.S. Constitution does not

allow the City to prevent an orderly political protest from using

public sleeping as a means of symbolic expression… The City concedes

that… the conduct involved in this protest poses no particular danger

to vigil participants and no risk of obstructing the sidewalk."


perhaps sleep outside nearby buildings (preferably ones with

scaffolding for shielding against rain) or perhaps tax evading

companies or elected officials offices or homes that are not

supportive of occupy wall st and this movement for social, economic

and environmental justice. there are so many to choose from... but

for the time being... get the sleeping bags out and keep them safe and

secure for other occupations




Metropolitan Council Inc. v. Safir, 99 F. Supp. 2d 438 (S.D.N.Y. 2000).

Plaintiff, a tenants’ advocacy organization, filed suit to enjoin the

city from preventing vigil participants who were protesting city rent

increases from lying and sleeping on city sidewalks. The city took

the position that it had authority to forbid all sleeping on city

sidewalks because of the interest in safeguarding sleeping persons

from the dangers of public places and keeping the sidewalks clear of

obstructions. The court granted the preliminary injunction ruling

that the First Amendment to the U.S. Constitution does not allow the

city to prevent an orderly political protest from using public

sleeping as a symbolic expression. The Court held a statute that bans

all public sleeping in any manner on public sidewalks is overbroad.

However, the Court did not maintain that the city could never regulate

“disorderly public sleeping.” On that issue, “the Court expresse[d]

no opinion on and erect[ed] no bar to the City’s prosecution for

disorderly conduct of persons who are vulnerable and/or risk creating

obstructions when they sleep prone on a City sidewalk.”



was thinking it was the next logical step anyway since we are

outgrowing the park and needing to spread...



On Thu, Oct 13, 2011 at 5:46 PM, Kyle Christopher

<> wrote:

> I know I have been researching no sit lie law in new York state. I suggest

> everyone else does the same. This is a good place to start...




> It would also serve everyone well to read




> Considering that's what the entire process were following is based on.


> And as far as any working groups are concerned I would issue a moratorium on

> all meetings unless they are related to anything after 12am to 11:59pm

> Friday Oct 14th


> I wouldn't hold any g.a. meetings unless they relate to the "eviction"

> notice


> I would however get some sleep

> Get my shit either together completely if not already out of the park by

> midnight

> Close down every on site working group

> And gather into a tight well linked ball of people near the center of the

> park.

> Try and have some kind of advantage...


> This is all of course what I would do if I wernt filming the event

> tonight...


> and its just an opinion....


> On Oct 13, 2011 4:32 PM, "tmaud" <> wrote:


>> Hi everyone,


>> As the movement rallies to stand up against the eviction action

>> tomorrow, I'm noticing no one's talking about strategies for how to

>> handle the fall out of the action.


>> Although I carry great optimism and hope for tomorrow's outcome, my

>> true belief is that, even if you could eat off the floor of Zuccotti

>> Park by 6am tomorrow, the park is going to be cleared by force.


>> Some of us will be standing up against the action.  Some of us won't

>> be able to be there (including me).


>> Can we start a support team of those of us who won't be present

>> tomorrow who can maybe help with continuity, in case many of our

>> members are in jail during our 6pm meeting tomorrow?


>> Also - maybe those of us who won't be there can offer to come bail out

>> group members who get arrested, if those people don't have another

>> person to call?


>> I will personally make that offer now - if you are standing up against

>> the eviction tomorrow and don't have someone to call for a bail out if

>> you get arrested, please email me before tomorrow morning, and I'll

>> help as many people as I can afford to.  I will be unable to arrive

>> until after 4pm, but can be there for you after that.


>> With love and worry,

>> Tomi