Posted on 12/01/2011 12:15:39 PM PST by raccoonradio
A judge today granted Occupy Boston at least two more weeks to camp out in Dewey Square, despite testimony from a fire marshal that the conditions at the tent city were so perilous that they “made the hair on my neck stand up.”
After a four-hearing during which city lawyers battled the protestors’ legal team over public safety concerns versus free speech rights, Suffolk Superior Court Judge Frances McIntrye opted to take the thorny case under advisement, holding off ruling until no later than Dec. 15. McIntyre left her temporary retraining order in place, barring the city from removing the protesters without the judge’s permission, except in cases of dire emergency or major criminal incident.
“I fear for the lives and safety of every person on that property,” Boston Fire Marshal Bart Shea told the judge, adding that “highly flammable” blue tarps covering many of the more than 100 tents at the site would act as “napalm” and cause fire to race from on tent to another.
He added that he found discarded cigarette butts littered all over the encampment, where until recently hay had been placed on the ground to insulate tents and soak up water.
“It would have been a nightmare at night to get out of there,” he said, noting that people would get trapped in their tents or get trampled to flee a blaze because guy wires blocking narrow walkways would create tripping hazards. “It makes the hair on my neck stand up.”
But lawyers for Occupy Boston argued that the protestors had not been properly warned by the city of the hazards, nor given due process to remedy the fire hazards. Furthermore, they contend that the right of free speech trumps public safety concerns.
A witness for Occupy, protester Eric K. Martin, said the camp needs to be in Dewey Square because it is the heart of the city’s financial district, opposite the Federal Reserve building, and the site is fundamental to Occupy’s message of challenging corporate greed.
“Without having the physical occupation, that message would be impossible,” Martin said.
Rules and laws are for the little people.
Howie list ping
“they contend that the right of free speech trumps public safety concerns.”
really? like yelling fire in a crowded theater? this could set a dangerous precedent.
It will be interesting if, in the intervening time while the moron judge contemplates her navel, the “encampment” does catch fire and there are injuries or deaths.
What if a union held a march at the end of a tunnel,
blocking traffic?
“The right to swing your fist ends at my nose”
I no longer see any use, need, or justification for judges of any sort in this country.
We are so finished. A country where the minority have all the power. The buttlovers, the tree huggers, envirocommies, OWS and the like. We are so finished.
Yeah, I'm certainly not wishing it, even on these creeps, but I could see it happening, due to the protesters' own negligence.
Then, their families will probably sue the city, claiming it was reckless to NOT remove the dirty little punks.
What took ya so long?
It ended for me when the judge illegally gave Al Gore an extra 2 weeks with which to look for votes in the 2000 election.
Howie Carr on WRKO Boston said guess who appointed this judge?
Hint: running for Prez.
Maybe they could just end the police OT . . .
The judge will claim judicial immunity when the camp burns up and kills and injures a bunch of people.
Leftwingtards are all the time forgetting about that one ~
I’ll be passing the Boston Hippies on my way to work tonight. I’ll be sure to send them our FR love.
For those who don’t like eggs, I’ll bring a few tomatoes. :)
When we said “laws”, we weren’t talking about for ourselves.
Now why don’t you little people go pay your taxes? OWS needs the money. :)
/sarc(?????)
What if this had been the Tea Party asking to stay? For one thing the TP wouldn’t camp out and you wouldn’t see these conditions to begin with
...and the City of Boston would no doubt remove the Tea Partiers for the domestic terrorists they consider them to be...
BS. If that were true, then it would be perfectly fine to yell "Fire!" in a crowded theater, while it's always used as a prime example of why the First Amendment is not absolute.
FTA: McIntyre left her temporary retraining order in place, barring the city from removing the protesters without the judge’s permission, except in cases of dire emergency or major criminal incident.
It sounds like the Fire Marshal is doing a pretty good job of setting things up for the exception.
Someone needs to put up signs at the perimeter of the encampment, reading:
BOSTON MOONBAT ZOO
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.