CommunityFDL Main Blog

Judge Gives Occupy Pittsburgh Three Days to Vacate

Judge Christine A Ward issued a decision finding in favor of BNY/Mellon and against Occupy Pittsburgh. The 23-page ruling sides with the bank’s claim of immediate and irreparable harm, and gives the occupation 3 days to remove tents and personal belongings, cease camping, and comply with all BNY/Mellon notices.

The ruling, despite a sometimes sympathetic tone towards Occupy Pittsburgh’s message, finds that the bank met nearly all the criteria for a temporary injunction which allows for eviction before a full hearing of the case.

Much of the ruling centers on the whether or not the park is public or private – based on the City of Pittsburgh’s zoning of certain areas as “Open Urban Space”. The judge came down solidly on the side of the area being private.

In her ruling, Judge Ward described the occupation as “…an invasion of BNY Mellon’s right to possess Mellon Green and close it in the winter months as it has normally done…”

The judge’s order requires BNY/Mellon to post a $10,000 bond at which point the order will become effective.

Jules Lobel, an attorney for Occupy Pittsburgh, said in a statement to the Pittsburgh Post-Gazette:

“She really deferred to private property, even though it is designated urban open space, built with public subsidies with the idea it would be a public plaza,” he said. “I don’t think she got the First Amendment right.”

Allegheny Country Sheriff William Mullen also told the Post-Gazette that if the occupiers don’t leave on their own within the 3 days, then BNY Mellon will have to file a request for eviction. He would instruct his officers to carry out the eviction, but hoped it would not come to that. “They’ve been very cooperative with us. In a perfect world, they’ll be gone by Monday.”

Members of Occupy Pittsburgh have yet to make their intentions as to whether to comply with an eviction order known.

Stay tuned.

CommunityMy FDL

Judge Gives Occupy Pittsburgh Three Days to Vacate

Judge Christine A Ward issued a decision today finding in favor of BNY/Mellon and against Occupy Pittsburgh. The 23-page ruling sides with the bank’s claim of immediate and irreparable harm, and gives the occupation 3 days to remove tents and personal belongings, cease camping, and comply with all BNY/Mellon notices.

The ruling, despite a sometimes sympathetic tone towards Occupy Pittsburgh’s message, finds that the bank met nearly all the criteria for a temporary injunction which allows for eviction before a full hearing of the case.

Much of the ruling centers on the whether or not the park is public or private – based on the City of Pittsburgh’s zoning of certain areas as “Open Urban Space”. The judge came down solidly on the side of the area being private.

In her ruling, Judge Ward described the occupation as “…an invasion of BNY Mellon’s right to possess Mellon Green and close it in the winter months as it has normally done…”

The judge’s order requires BNY/Mellon to post a $10,000 bond at which point the order will become effective.

Jules Lobel, an attorney for Occupy Pittsburgh, said in a statement to the Pittsburgh Post-Gazette:

“She really deferred to private property, even though it is designated urban open space, built with public subsidies with the idea it would be a public plaza,” he said. “I don’t think she got the First Amendment right.”

Allegheny Country Sheriff William Mullen also told the Post-Gazette that if the occupiers don’t leave on their own within the 3 days, then BNY Mellon will have to file a request for eviction. He would instruct his officers to carry out the eviction, but hoped it would not come to that. “They’ve been very cooperative with us. In a perfect world, they’ll be gone by Monday.”

Members of Occupy Pittsburgh have yet to make their intentions as to whether to comply with an eviction order known.

Stay tuned.

Previous post

Vice Media Gals Ask Callista and Newt if They’re in an Open Marriage (VIDEO)

Next post

Donald Trump Endorses Mitt Romney

Oxdown Diaries

Oxdown Diaries