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In a rare victory for both America's civil liberties and Occupy DC, a federal judge issued a Preliminary Order of the Court stopping the evictions of the two Occupy camps at our nation's capital on Tues., Jan. 31.
At a 9:30 am hearing, Judge James Boasberg agreed with a Proposed Order of the Court submitted by attorney Jeff Light.
In a tentative ruling, which the judge will confirm within 48 hours, the US Park Service will be restricted from arbitrarily enforcing requirements it imposed on campers at McPherson Park and Freedom Plaza on Friday.
The ruling means that prior to any action by the Park Service against the Occupiers, the US Attorney's Office, which represents the Park Service, will be required to provide the court with written justification for any proposed enforcements. Therefore, any alleged justification must be first filed with, and subsequently heard by this court.
According to this ruling, the Park Service must also provide the court with notice of any proposed enforcement. This Notice to the Court would be subject to Judge Boasberg's review.
Judge Boasberg has also ruled that all citizens at the two parks must be allowed opportunity, via the courts, to challenge any civil action brought before the court by the Park Service.
Further, the Judge stated that a class action lawsuit would likely be legal for all Occupiers who are party to any action brought before his court.
Attorney Jeff Light gave the good news to over 300 Occupiers as McPherson Park rallied in celebration around the statue of General James McPherson. Yesterday protesters had covered the statue with a huge blue tarp emblazoned with Occupy symbols and slogans in preparation for the eviction.
Occupiers at both camps indicated that they were overjoyed at the ruling.
The Judge's order did allow for enforcement by the Park Service police for exigent circumstances such as an emergency or serious health concerns. However, Occupiers have recently addressed health concerns by thoroughly cleaning the park.
There have already been efforts by anti-Occupy persons and police to incite the camp into an altercation.
Today, one person was arrested after trying to cut down the General's Occupy tent. While doing so, he assaulted several Occupiers and threatened them with a pair of scissors, while hurling insults at the group.
Occupiers surrounded the man without physically accosting him, and summoned police, who took him into custody.
At the "Occupy the Supreme Court" protest on Jan. 23 an undercover police officer acting as a protester assaulted an Occupier in an apparent effort to incite the large crowd to violence against the police. This was recorded on video.
These types of provocations often do not have the intended result since non-violence is a foundation of the Occupy Camps.
Two days ago an Occupier was tazered from behind. He apparently had not committed any crime and was allegedly walking away from Park Service police who had accosted him. This was also captured on video.
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