Although attorneys with the New York chapter of the National Lawyers Guild have dropped the lawsuit filed last November over the eviction of Occupy Wall Street protesters from Zuccotti Park, they are not ruling out further lawsuits challenging the city’s response to the protests. Alan Levine, one of the attorneys, said the group would consider further legal action as the need arose. He said that, while the issue of camping in the park in tents is now moot because the protesters are no longer pursuing it, they have not conceded that the ban on tents put in place by the park’s owner, Brookfield Properties, is constitutional. “If there comes a time when [Occupy Wall Street] wants to set up tents, we will certainly defend their constitutional right to do so,” he said. “It remains our belief that tents are a form of free speech.”
The protesters’ lawsuit, Waller v. City of New York, 112957/11, was filed early in the morning on Nov. 15, seeking a temporary restraining order halting the eviction. Justice Michael D. Stallman (See Profile) denied the request after a hearing that afternoon. The parties agreed to adjourn the suit twice before the protesters filed a stipulation of discontinuance on Jan. 20.
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