New York finally got smart and in the early morning hours cleaned out Zuccotti Park. The mob of Occupy Wall Street would not go quietly. They first fought the police, and then they got their lawyers involved.
Lawyers from the radical National Lawyer’s Guild, whose motto is litigating for anarchy, immediately found a lunatic liberal Judge and got a restraining order that not only told New York City but also the owners of Zuccotti Park that they had to let the squatters of Occupy Wall street back into the Park pending a hearing on a Temporary Restraining Order.
This liberal Judge, Lucy Billings, who is described by the NY Daily News as a “former civil liberties lawyer,” signed the restraining order.
It is bad enough that all of these occupy groups across the country think they have the right to squat on public properties, but Zuccotti Park is not public property. It is private property.
Private property owners have certain rights, including the right to determine the use of the property.
Judge Lucy Billings order basically strips the Zuccotti Park owners of their rights to control their property and avoid damage to the property.
Are we now returning to the days of Serfdom? One of the hallmarks of Serfdom is the responsibility to take care of property without the benefits of property ownership.
While I have little sympathy for the owners of Zuccotti Park because of the way they have handled the squatting in their park, the principle is far more important. The first amendment allows the freedom of speech, assembly and the right to petition for the redress of grievances. It does not give groups the right to squat. It does not give a group the right to create a health or safety hazard. It does not give a group the right to trump the property rights of the owner of a piece of property.
There is of course more to this story and I hope we get to hear it some day.
For one thing, how did this case end up in front of this “former civil liberties lawyer?” Of course that is just liberal speak for being a far left wing lawyer.
In most instances, in most jurisdictions, when a civil law suit is filed, it is randomly assigned to a judge. How did this lawsuit end up in front of this judge?
In the legal profession there is a concept called “forum shopping” or “judge shopping.” Lawyers know how to steer certain cases to judges who will treat them more favorably.
Judge shopping is unethical.
Of course, ethical issues have never stopped far left wing lawyers.
A hearing on the restraining order is scheduled for later today. If the Occupy mob gets its way, a private property owner will be ordered to allow squatters on its property. If the mob has its way, the property owner will in effect lose the rights to their property.
Occupy Wall Street is making war on the free enterprise system. Property rights are a cornerstone of freedom and the free market. Today, property rights will be on trial and if the Judge rules in favor of the Occupy mob, the property rights of every American are threatened.
The real trouble is about to start - when a property owner has no say so over his own property - it's time to change things - the governemnt for one
That will end soon. Eminent domain will be running-a-muck.
In many socialist/marxist countries no one can own property. They give the masses a false sense of hope. They are allowed to lease the land for long term leases, so it feels and appears they are property owners, but in reality it's the government who has total control over it and any time they want they can take it back. Thus,an entire nation of indentured servants is created.
We are on that road to serfdom, as we speak. Why do you think there are all these foreclosures, the interest rates in the basement, lowering the worth of houses, so banks could foreclose? And since the banks cannot handle the over load, the government will give the banks "bail-outs". What it really is, they take over the ownership of the property., just like the car industry. The banks keep the money and the government owns the land. One hand washes the other.
Did we forget Obama saying that all the bail-outs to the car industry etc. was temporary? Once they get on their feet they will become independent, he promised. Gee, how quickly we forget! After all these years they are still government owned, so will our properties.
That is exactly the way my parents lost their property in 1949 in Hungary.
Good points! Don't forget property taxes for most states. I believe property tax is completely wrong! Why do I have to rent my own property from the government? The taxes here in Indiana have gotten out of hand such they had to pass caps to vent off the steam (rather than abolish PT all together). I've heard that the Indiana tax code reffers to property owners as renters and that a group from the UN is responsible for loby of state legilatures to pass property tax law. If that is true, what business is it of the UN!?
I esentially get much of nothing in my county for my substantial PT. A little bit of worthless road maintanance on an unpaved terrible road (where's those shovel ready jobs! I'd love to have a paved road!). My kids are home schooled due the lack of proper public educations, etc, etc, etc, yet I pay these rediculous property taxes. To make it worse, I just built a pole barn (did it myself and pulled the proper permits) and now some pinhead will come out, re-access my property value and increase my tax and for what?... busting my arse to build my own building!!!. How will I be using any more public services for this building? It's more like I'll be paying for services that are soaked up by people who pay little if nothing in PT!
@Agi: 100% !! Ask anyone from a country like yours, they will see this a mile off. Good info.
Agi, I didn't know you were from Hungary. I imported one of my Maltese ftom Hungary and I have another from Poland.
Seems the owners of Zucotti Park could fight this if they wanted to.
Can Judges be sued for treason?
If it was me I'd file a lawsuit against the OWS squatters for non-payment of rent on private property, Malicious Destruction of Property (MDOP), Loss of Use, Hazardous Waste Clean-up, etc. Start the suit in the $250M range and let them choke on that for a while. Get a few other's involved and make it a Class Action suit, those are harder to shoot down. Besides, the owners of the Park are Canadian, so they should be able to file suit in the USA as well as Loss of Use in Queen's Bench up here. If they want to use it, make them pay through the nose to use it!
Class action by all the small business owners who have lost business around the park is a very good idea. They have real damage. The parents of some of these OWS squatters have very deep pockets.
Otherwise, this is an excellent civics example of what really does happen when some are declared above the law.
Great article Judson. However, it is not OWS who is making war on free enterprise, they are simply the useful idiots. It is Obama, Soros and their civilian armies who are making the war. At this juncture, all signs point to our defeat, because Americans haven't a clue what is going on, yet. The speed of the take-over is at hurricane levels and we are being blind-sided.
The communist take-over in eastern Europe after WWII took place in a little over one year. The countries didn't know what hit them. Welcome to that world.
Totally agree with you....they are also called bimbos.maybe the owners are part of it......We must keep fighting...sometimes I feel very alone, and other times I feel we may be able to take out county back...I noticed this morning some bimbo demanding Cain take a lie detector test...HUH.!..who's the bimbo....who knows...??