The ACLU sues The State Of NJ, seeking a restraining order and other relief, for violating 4 Constitutional Rights of Plaintiff Alexander Higgins and Occupy Trenton
The ACLU has filed a lawsuit against the State of New Jersey which seeks, among other relief, a restraining order against the state to prevent the police from continuing to illegally steal personal property of Occupy Trenton and the return of personal property already illegally seized by the state.
The official Compaint was filed By ACLU of NJ Directory Edward Barocas along with Jeanne LoCicero of the ACLU along with participating attorneys Bennet D Jurofsky and David Perry Davis. The New Jersey Supreme Court heard the case on October 26th and presiding Judge Mary Jacobson is expected to rule on the case soon.
- Violation of Freedom of Press: Against Alexander Higgins as a journalist and Blogger and on behalf of Occupy Trenton as a group using the Live Stream and computer equipment to publish their message .
- Violation of Freedom of Assembly: By stealing signs and other protest material and engaging in harassment and other illegal activities to stifle the Occupation and to impose illegal rules and regulations on the occupiers.
- Violation of Due process: By making up rules not enacted by the legislature and enforcing them (can you say dictatorship?)
- Illegal Search and Seizure: The NJ State Police illegal stole everything from Occupy Trenton site that was not on our immediate persons, after which they return a few signs. Most likely the State was acting on orders from their corporate overlords (can you say fascism?). The illegal theft was conducted under color of the law even though there are no laws or ordinances that authorize the State to conduct such a theft and there was no warrant from a Judge allowing the search and seizure of our property.
This video is clipped from a Blue Jersey video interview of the plaintiffs and their lawyers after the court hearing, in Alexander Higgins outlines the four constitutional rights violated by the State of New Jersey:
Detailing The States Civil Liberty Violations
The ACLU complaint against the State of New Jersey.
ACLU Lawsuit Against NJ For Violation Of Occupy Trenton Constitutional Rights (PDF)
For those who want all of the details, now that we have already had our day and court and await the Supreme Court’s ruling on our grievances, here are all of the legal documents filed, courtesy of one of our Attorney’s David Perry Davis:
http://www.dpdlaw.com/OccupyBrief1.pdf
http://www.dpdlaw.com/OccupyComplaint.pdf
http://www.dpdlaw.com/Occupycoverletter.pdf
http://www.dpdlaw.com/OccupyOTSC.pdf
http://www.dpdlaw.com/OccupyReplybrief.pdf
http://www.dpdlaw.com/statebrief.pdf
http://www.dpdlaw.com/StateCaptBrosnanCertification_1.PDF
http://www.dpdlaw.com/StateCertificationExhibits.pdf
http://www.dpdlaw.com/Statecoverltr.PDF
http://www.dpdlaw.com/StateLougycertif_1.PDF
http://www.dpdlaw.com/StateNOMetal.PDF
http://www.dpdlaw.com/StateSignedbrief.PDF
http://www.dpdlaw.com/StateZawackiCert_1_1.PDF
Coverage from Around The Web:
ACLU – Occupy the First Amendment By Exercising It
Occupy the First Amendment
Occupy the First Amendment by exercising it!
When you’re exercising your right to free speech, it’s important to understand your right to protest(pdf), but also all of your rights.
Here’s
a guide you can refer to if you’re questioned by police (pdf).With so many protests taking place, there are more opportunities for infringements on free speech and assembly. Please let us know if you’ve had any interactions with the police during a protest, Occupy or otherwise, that you have found constitutionally
troubling.Dear ACLU supporter,A day after New York Mayor Mike Bloomberg threatened to make Occupy Wall Street abandon their belongings, he relented. Unfortunately, when New Jersey State Police came to do the same, Occupy Trenton wasn’t so lucky.
On day seven of Occupy Trenton at the World War II Memorial plaza, the Department of Military and Veterans Affairs gave protesters new rules: protesters must attend to their property – which may not include camping or “picnicking” items – at all times.
On day eight, authorities took away protest signs, electronic equipment, laptops and coolers, aided by the State Police, who held onto the items they confiscated.
But here’s one thing the protesters have that the police don’t: the law – and the ACLU – on their side.
Trenton Mayor Tony Mack, State Senator Shirley K. Turner, and even Governor Chris Christie have expressed support for the protesters. But voicing approval and respecting your rights are two different things. We need your input to know how freedom is faring in practice.
Since the Oct. 14 incident, the state has failed to produce a statute or ordinance on the books granting the authority to establish the new rules for the public plaza. And the new rules were apparently created by mere fiat – in violation of New Jersey’s required procedures for agency rule-making.
We will be in court today, October 26, to defend the free speech of Occupy Trenton.
But the ACLU-NJ can’t be everywhere in the state at the same time, so we want to know: have you experienced violations of your free speech? We want to clear things up, for the protesters in Trenton and for free speech in New Jersey. Please let us know if you have witnessed or experienced a First Amendment rights violation.
ACLU of New Jersey
JOIN THE ACLU
Wall Street Journal – Occupy Trenton Protestors Go To Court Over the First Amendment
Visits to court can often go hand-in-hand with protest movements, especially large-scale efforts like Occupy Wall Street. So far, the majority of court appearances in connection with the movement have been related to citations issued by police. However, in the Garden State, a recent court appearance is a direct challenge to the rules governing the protest.
Protesters in the Occupy Trenton group went to court this week to claim that the State of New Jersey is infringing on First Amendment rights by asking them to remove unattended signs and not to use electricity in the park where they’ve set up. Their argument is that the state is making up these rules to suit the situation, rather than enforcing existing laws, The Star-Ledger reported.
The New Jersey American Civil Liberties Union represented the protesters, and asked Judge Mary Jacobson in Superior Court in Trenton to stop the State Police and the Department of Military Veterans Affairs from enforcing guidelines from an Oct. 13 letter, in which the protesters were told not to use the electricity or generator in World War II Memorial Park, where Occupy Trenton has been set up since Oct. 6. The letter also advised that unattended items – including signs – would be considered garbage, and that tables, chairs and tents must be removed, The Star-Ledger reported.
“The sense is that the rules were designed for this protest,” ACLU attorney Bennet Zurofsky told the court, according to AP. “They can’t change what’s available to the public because they don’t like the way some of the public is using it,” he said. Assistant Attorney General Robert Lougy told the judge that the state only wanted to make sure the park could be used by everyone and that it was not damaged. “Camping does not fall within the parameters of the First Amendment,” Lougy said.
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The Start Ledger – ACLU says state is infringing on 1st Amendment rights of Trenton protesters
TRENTON — As tension between police and anti-greed protesters escalates across the country, the New Jersey American Civil Liberties Union today argued the state is infringing on first amendment rights of “Occupy Trenton” protesters.
The state Department of Military and Veterans Affairs has asked the protesters to remove unattended signs, and asked they not set up furniture or use the park’s electricity.
Judge Mary Jacobson heard more than an hour of arguments from the two sides today, but delayed making a decision on whether the state can enforce those guidelines.
“The state is making it up,” ACLU attorney Bennet Zurofsky argued in Superior Court in Trenton today. “They can’t change what’s available to the public because they don’t like the way some of the public is using it.”
The ACLU is asking the court to stop the State Police and the Department of Military and Veterans Affairs from enforcing the guidelines established in an Oct. 13 letter from the Raymond Zawacki, an Assistant Commissioner for department. The department is responsible for the World War II Memorial across from the Statehouse, where the protesters have set up shop since Oct. 6.
Zawacki’s letter asks the protesters not to use the electricity or the generator, warns that unattended items, such as signs, will be considered garbage, and says the park is not a campground, so occupiers must remove tables, chairs and tents.
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NJ Today – ACLU Goes To Court For Occupy Trenton Protesters
TRENTON — The American Civil Liberties Union of New Jersey went to court this week to argue that the New Jersey’s Department of Military and Veterans Affairs is violating the rights of Occupy Trenton protesters.
When protesters first arrived at Veterans Park on State Street on Oct. 6, they brought blankets, laptops, a small generator, coolers of food and tarps in case of rain. A week later, the DMAVA issued new guidelines prohibiting protesters from using the site as a campground. Camping and picnicking items were prohibited, as were generators and any unattended personal property.
On Oct. 14, State Police confiscated the protesters’ generator, coolers, computers and other items that were not in someone’s immediate possession.
The ACLU-NJ argued that the state is using the restrictions as a way to “chill” the protesters’ free speech.
“The state cannot arbitrarily create restrictive policies just because it does not like how people are using a public space,” said ACLU-NJ Legal Director Ed Barocas. “Laws must be created pursuant to proper process, not created by executive fiat.”
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Blue Jersey – Occupy Trenton Goes to Court
Update: 5:00 PM: The hearing has concluded and the judge’s decision may become known as soon as tommorrow or the next day. The Occupy/ACLU lawyer Bennett Zurofsky argued, “the State was making up rules over a property for which they don’t even have authority. Time, manner and place of of restrictions can’t be made up as you go along. The occupation itself is a form of expression. Confiscating coolers and food? What is a park for?”
Having access to electricity and shelter against the cold would be huge for Occupy Trenton.This afternoon at 3:00 PM the ACLU and other lawyers appeared in Mercer County Superior Court on behalf of Occupy Trenton seeking immediate restraints against further enforcement of the Zawacki letter, requiring restoration of public access to electric power in the park, and a return of items seized by State Troopers. The Zawacki letter had imposed numerous restrictions and served as the basis for troopers to confiscate almost everything from the site on Day 8 of the occupation. The letter appeared to have been created out of thin air with no basis in any existing ordinances or regulations for the site. The ACLU is arguing a violation of rights to due process and freedom of speech.
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Blue Jersey:: Occupy Trenton’s Day in Court (video)
Yesterday, we saw the results of a statewide poll that by overwhelming numbers New Jerseyans support the Jersey participants of Occupy Wall Street and Occupy Philly. Both OWS, the granddaddy of the now worldwide Occupy phenomenon and its Philadelphia counterpart have been going on for weeks. But so too has Occupy Trenton, with just a fraction of the participants of both those cities or of Occupy Albany in the capitol city of our neighboring state.
But the Trenton occupiers have also been maintaining a round-the-clock presence at the World War II Memorial across West State Street from the NJ State House. And their right to be there, to exercise their right of free speech there, is at the center of a court case (which we covered here and here) the ACLU has taken on their behalf.
We may hear Judge Mary Jacobson’s ruling as early as today. Meanwhile, here’s a 10-min. video I shot in the early evening light on the day Occupy Trenton went to court. I’m not our best videographer, but you’ll hear from all three lawyers, Bennet Zurofsky, David Perry Davis and ACLU-NJ legal director Ed Barocas, and some of the Trenton occupiers.
Like any free speech case, though the numbers are smaller at Occupy Trenton, the implications of the State’s effort to shut them down, are much, much larger. We’ll bring you the Judge’s decision soon as we hear.
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Blue Jersey – Free Speech vs. “Aesthetics”: Occupy Trenton Goes to Court
In Trenton today, just blocks from where people protesting economic inequity are in Day 21 of their occupation, ACLU-NJ went to court to protect their freedom of speech. The occupiers were the plaintiffs before Judge Mary Jacobson. I was a couple rows behind their lawyers, ACLU-NJ Legal Director Ed Barocas, and ACLU cooperating attorneys Bennet Zurofsky and David Perry Davis.
“They’re making it up!” Zurofsky said repeatedly about the restrictions the State is putting on the occupiers. Zurofsky argued that the rules the state is imposing on the occupiers didn’t exist before, and were concocted when the State saw what was happening at the site, didn’t like it, and is now trying to hold them to restrictions that never existed before, for anyone else.
Rosi Efthim :: Free Speech vs. “Aesthetics”: Occupy Trenton Goes to Court
Assistant Attorney General Robert Lougy, defending the State’s actions in limiting the occupiers’ use of the park and the confiscation a few days ago of most of their supplies, kept returning to an argument about the occupiers’ … messiness. Yes, really. It’s not a campground, said Lougy, and camping is not in the parameters of the First Amendment. There were repeated references to the “aesthetics” of the war memorial, and the purpose of the memorial. And what is that purpose? “To show respect and graciousness towards those who served, which makes the purpose (of the memorial), its intent, its design and intended uses relevant” said the State’s lawyer.What New Jersey’s vets fought and died for was American freedom of speech, and freedom to assemble, of course. Have we really excised that in Christie-era New Jersey?
When the raid came a few days ago, days after a letter from the Dept. of Military & Veterans Affairs that was read to the occupiers but never given to them (they asked), they had already removed some of their stuff. When the authorities showed up, the occupiers moved out of their way. As Zurofsky said, “nobody wants a confrontation”. They were also trying to document on video what was happening, as Occupy cities have across the country when there may be police crackdown.
The few steps away – 20 feet, said ACLU’s Barocas – was enough distance for the State to define nearly everything there as abandoned. And they took nearly everything not on the backs of the occupiers. Chairs. Tables. Signs. Coolers with First Aid and food. Books. Coats. Backpacks. Computers. Cameras. Keyboards.
“Abandoned”. Bennet Zurofsky illustrated the absurdity of the State’s action in court when he walked away from the plaintiffs table to hand an affidavit to the Judge. “I hope I’m not abandoning my papers right now,” he said, throwing a mock-worried look over his shoulder to his files.
After the court hearing, I put a 10-minute interview with all three lawyers and some of the occupiers on video. I’ll have that for you tomorrow. Meanwhile, the occupiers wait for the Judge’s decision on their continued use of a war memorial built to honor those who fought for the Consitution and the American way of life. That’s where they are now. You can watch some of them here, and talk to them on chat. And intend to stay.
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WBGO 88.3 FM – Occupy Trenton Protestors Seek Restraining Order Against State Actions
No decision yet by a judge in Trenton on a legal challenge to the state’s actions against Wall Street protestors at a park across the street from the New Jersey Statehouse.
Bennet Zurofsky is the attorney representing the protestors. He says the state violated their rights by taking their tables, chairs, tarps and other equipment from the site of the World War Two Memorial.
“Before the state can take anybody’s personal property they have to have either probable cause or some exception to the search and seizure ban. Here there is no due process. They’re just making up rules and then they’re taking the property.”
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Planet Princeton – ACLU Goes to Court to Defend Occupy Trenton’s Right to Protest
According to the ACLU, when the protesters initially gathered on the park on Oct. 6, there were no rules or regulations governing the use of the park. But on Oct. 14, State Police confiscated protest signs, electronic equipment and coolers from the protesters, stating that they were in violation of park rules.
The ACLU argues that such park rules were never properly adopted and were not imposed on prior users of the park. Since then, the ACLU says the state has failed to produce a statute or ordinance on the books granting the authority to establish new rules for the public plaza.
The ACLU filed a lawsuit suit on behalf of Occupy Trenton and is asking the court to stop the state from enforcing invalid rules and is asking the court to enforce a temporary restraining order on the state.
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