Friday, January 22, 2010

Appeals court reverses protest ruling

From the Village Voice:

[Norm] Siegel saw taking the protest to the Mayor's doorstep as a milestone. As he told the Voice, "Groups have gotten permission to protest on the south side of 79th Street, across the street from the Mayor's house, but never directly in front of it."

The feeling did not last long. Earlier today, mere hours before the group planned to picket the Mayor, an appeals court overturned their right to do so, relegating Siegel and company back to the south side of the street.

"The Mayor uses his home for official business, but he's decided the public sidewalk outside of it is his private property," said Siegel. In his eight years as Mayor, no group has won the right to picket directly in front of Bloomberg's townhouse.

Looking on the bright side, Siegel wryly noted, "we made incremental progress." Instead of being fully confined to the south sidewalk, they moved slightly more north and were "allowed to protest in the gutter."

The protest was a demonstration against Chancellor Joel Klein's and Mayor Bloomberg's proposal to close large public high schools they deem to be failing. They plan to re-open smaller schools in their place. But advocates charge that the answer is not to replace the large schools with privately run charter schools, or with boutique public schools, but to adequately support the troubled schools.

40 comments:

Anonymous said...

Probably a few hundred thousand $$'s spent on whether they can protest in front of the house or whether they must stay across the street. In a crappy economy, we are finding new ways to keep lawyers bizzy. That is sad, imo.

Babs said...

I don't understand why our Supreme Court justices don't ever seem to get it right - the Apellate Court HAS to be so very overburdened by the lower courts' incompetencies and plain old stupidity.

There is much to disagree with the Mayor about - but to be ALLOWED to protest in front of his home is nothing short of ludicrous. Nevermind people's right to privacy and / or major safety issues - property values in and around his home would DROP overnight!

Queens Crapper said...

How is it any more dangerous than protesting outside City Hall? It's a public street. The public should be able to access it for a protest. I really don't give a shit about the mayor's property values just as he doesn't give a shit about mine.

Babs said...

You should not be permitted to protest outside of the Mayor's home out of respect for the families that ALSO reside there and for their well being.

Large gatherings would only attract criminals and other undesirables to the nab.

Also - disagreeing with Bloomberg on certain issues does not make it ok to harrass or stalk him - and picketing in front of his home in my book is harrassment.

Queens Crapper said...

If I did something heinous, I would have press and protesters outside my home and the NYPD would do nothing about it. So why is the mayor special especially since he put himself in the spotlight?

Anonymous said...

I seem to recall many a protester outside the Bush ranch.

Babs said...

Public figures have lower expectations of privacy, especially if they are exercising public power - therefore they are in a way CONSENTING to public scrutiny or invasion of their privacy. They have a right to withhold that consent - just like the rest of us non-public people.

There are moral and ethical codes of conduct. Just because others choose to ignore them does not make it right for you to.

Queens Crapper said...

A public sidewalk is a public sidewalk no matter whose house it is in front of.

Babs said...

Sidewalks are public - EXCEPT when it snows!

Even though something is legal - it does not mean it is RIGHT.

ANYWAY - Protesting or picketing which breaches one of the specific torts like trespass, nuisance, intimidation, defamation or misrepresentation, is impermissible regardless of where it occurs. Angry crowds can be very intimidating, AND if this intimidation denies someone safe access to their home - the sidewalk now is as public as it is with a couple inches of snow on it.

Appellate decisions are public record and will be published I guess their website soon. I'm curious to see what it says.

Queens Crapper said...

You are allowed to protest on any public sidewalk so long as you don't block it and you keep moving. Think picket line. It's the same thing.

Anonymous said...

Queens Crapper,

You're letting them get under your skin. Just people who do nothing, have victim mentalities, think they are better than everyone else, dumb, etc. Pick one or all of the above.

Babs said...

I see it as intimidation -

I'm all for a good demonstration - and I think a good demonstration in protest to the creation of more charter schools (or whatever) can be done elsewhere.

What is the purpose of doing it directly in front of his residence OTHER than to bully?

Queens Crapper said...

It doesn't matter what you see it as. There have always been protests allowed outside Gracie Mansion, which is the mayor's traditional residence. This guy lives a few blocks west and thinks he owns the sidewalk. It's bogus.

Anonymous said...

You should not be permitted to protest outside of the Mayor's home out of respect for the families that ALSO reside there and for their well being.

Large gatherings would only attract criminals and other undesirables to the nab.

Also - disagreeing with Bloomberg on certain issues does not make it ok to harrass or stalk him - and picketing in front of his home in my book is harrassment.
--------------------------------
BABS YOU ARE AN IDIOT! It is our right to protest. That little troll of mayor just wants to dictate to us what to do when to do it and how to do it. You talk alot of shit, for your information, the mayor and his wealthy neighbors have more police protection than you or I will ever have and the po po will as usaul treat these protesters like cattle when they do protest. People like you are the reason the city is falling to crap. The way you talk your bullshit, I would imagine you voted for that troll. So INHO you should just shut up!!! How does that feel for me to take away your right....

Babs said...

Sorry - the more Americans like you abuse our freedoms - the more at risk they become.

Gracie Mansion - although traditionally a temporary home to our Mayors - also gives TOURS to the public - making it therefore less private than Bloomberg's personal residence. It also sits in a HUGE yard surrounded by an iron fence i.e. the ideal spot for a good demonstration.

The wealthy have "more police protection" than the average guy? POLICE PROTECTION is something I take for granted as an American - in fact - I NEVER think about it. Are you posting from this country - this planet even?

Queens Crapper said...

You seriously don't think that the police presence in tonier neighborhoods isn't better than in the rest of the city? I mean really...

Anonymous said...

The Atlas Mall, when owned by the Hemmerdingers, had an NYPD police car assigned to it even though they had their own security force. In the meantime, stores on Grand Avenue were being burglarized left and right and the perps never caught. When Jennifer Aniston filmed a movie on Fresh Pond Road half the 104 was there. Why?

Babs said...

"When Jennifer Aniston filmed a movie on Fresh Pond Road half the 104 was there. Why?"


. . . . 'cause she's cute?

There is no reason for me to concern myself about the size of my local police department - none.

Queens Crapper said...

Good, then you shouldn't be concerned when they are assigned to a protest on the public sidewalk in front of the mayor's house.

Anonymous said...

I guess we should feel sorry for Bloomberg and his neighbors because he chose to live in a house on a residential street which he knew would open them all up to protests. He could have lived in Gracie Mansion where there is ample room for them instead. Selfish prick!

Anonymous said...

I don't know why people are fussing about the court ruling. There are more citizens than there are cops and ruling class officials. If the people of this city/country all stood up and told the powers to be to shove it then there wouldn't be any problems like this. But when you have 20-50 people protesting, the cops and government are all over it and can control it. Let 50,000 people show up and I bet there will be a different tune coming from the appellate courts, police and the government.

The people don't do what the government tell them to do. The government does what the PEOPLE TELL/WANT THEM TO DO!!!!! That's the way it should be!!!!

Babs said...

Crappy - the Appellate Court rendered it impermissable so those that choose to protest in front of his home do so at their own risk.

There is absolutely NO reason why 50,000 people should show up ANYWHERE for ANY reason other than a free-for-all maybe at Bloomies. (I'm in for that.)

also - 50,000 people is either a revolution or a rock concert -

Anonymous said...

"50,000 people is either a revolution"

EXACTLY!!!!!!

georgetheatheist said...

For what it's worth, I was at B&H photo a few days ago and a NYC policeman was stationed IN the store right by the snaking check-out line. No private security guard. A bonafide cop.

Anonymous said...

I VOTE FOR "ALL OF THE ABOVE" FOR BABS

Anonymous said...

Babs is either a complete moron or someone impersonating one! I say we skip the mayors place and put a fat big rat in front of hers. I thought she was'nt comming back here, that protistant bitch....

Babs said...

You want to bully someone who you see as "powerful" like Bloomberg or in "authority" like the police to make yourself feel strong.

You prove my point by trying to intimidate me from posting here by calling me a "moron", etc.

You know that nothing constructive will be accomplished by marching up and down in front of Bloomberg's home. You just want to harrass him - just because it makes YOU feel better - makes you feel less frightened too and more in control.

You are just a wimp.

The sooner you understand that - the happier and the less wimpy you will be. Matter of fact - I've done you quite a favor here haven't I? - you don't have to go to your psychiatrist anymore - you're cured.

Babs said...

Anonymous said: "I VOTE FOR "ALL OF THE ABOVE" FOR BABS"

was it the Bloomies' "free-for-all" fantasy?

Babs said...

George said: "For what it's worth, I was at B&H photo a few days ago and a NYC policeman was stationed IN the store right by the snaking check-out line. No private security guard. A bonafide cop."

B & H is owned by Hasidic Jews - they may have been threatened by a couple of fundamental Muslims.

They have armed guards (real cops) in St. Patrick's also - always have.

Queens Crapper said...

"You know that nothing constructive will be accomplished by marching up and down in front of Bloomberg's home."

It's a first amendment right to protest. Protests get attention and changes happen because of them. Ask the people from Elmhurst who stopped a homeless shelter last summer. I guess the March on Alabama accomplished nothing, either.

Babs said...

I did not say that marches do not accomplish anything - in fact I have participated in demonstrations in the past myself - what I said - for those HARD OF HEARING - is the march should NOT (and now, of course CANNOT) be held in front of Bloomberg's private residence.

I am looking forward to a protest gathering in the Spring against the terrorists trials being held in New York.

Anonymous said...

And you still have not provided a plausible reason for why it shouldn't be held in front of his home. That's where the dictator lives and works.

Babs said...

I did give a damn good reason - you just refuse to accept it.

The reason is simple - it's WRONG, morally and ethically UNACCEPTABLE to HARASS another human being.

If you picket in front of Gracie Mansion - it's a demonstration. If you picket in front of his private home where his children live and mother visits, etc., and where his neighbors' children go back and forth to school - it is HARASSMENT.

That's it - you can have the last word - I'm out.

Queens Crapper said...

No, it's not harassment to picket in front of an elected official's house. They do it in front of the White House all the time. They did it in front of George Bush's house in Texas as well.

Bloomberg's mother lives in Massachusetts and his kids are fully grown and not living with him - one of them got married last year. Time to brush up on your facts, Babs.

HARASSMENT consists of taunting, threatening, verbal abuse, etc. If protesters merely are occupying a space in front of a building, there is no harassment of Bloomberg's neighbors. This ruling would even apply to candlelight vigils. How are they harassment?

A public space is a public space. This is the only elected official who has gotten a privilege like this from the courts.

And although you promised you were out of here, I know from your past promises that you broke that you'll be back.

Klink Cannoli said...

Hats off to Babs and Queens Crapper for some excellent dialog. Adding more quality to this Blog.

Anonymous said...

Ah...just ring hizzoner's bell and leave a flaming bag of dog shit on his door step.

Jerry Rotondi said...

Hey Norman...would you like to borrow my infamous hangman's noose political cartoon?

But please be forewarned...CAU Commissioner Natzli Parvisi won't like it very much.

I've switched to tarring and feathering politicians...as I suppose is a lower level felony (chuckle, chuckle).

Babs said...

Klink -

tks ;)

Joe said...

George
I saw that as well last week checking out the Cannon EOS 5D
B&H Photo has been getting threats and flack from the femmenazi N.O.W gang over not hiring women.
They are strict Hasidic's
Great store, that and the old Camera Barn where you could buy dated 100 packs of double weight resin coated enlarging paper for $15ea.
I used to go to the Garden and shoot KISS and come back the next night and sell 4 shots for $10.
Now forget it, the cops take your stuff and arrest you

Anonymous said...

BABS need to get a life, a job and maybe some education. She really should just throw that keyboard out because to me all I see is some whinning little know nothing looking for attention. It is our right and nobody, not even that little troll should tell us what we can and cannot do. Too much goverment and not enough people with balls. If we were all like BABS then we too can turn a blind eye to this. She loves living in this free counrty but she wont protect her own rights. How sad....