#OccupyBoston Punted

Occupy Boston’s Obamaville does not constitute Free Speech and the have been ordered out. let’s hope Mayor Menino isn’t another Mamby Pamby Mayor like Jean Quan or Sam Adams. From The Boston Herald:

“Occupiers learned by email this afternoon that Suffolk Superior Court Judge Frances A. McIntyre lifted the temporary restraining order that has blocked city officials from forcibly dismantling the Dewey Square encampment. That order was “vacated” as of 3 p.m.”

I’ve been saying this all along. I asserted that again in my last Friday Focus was on the rag-tag bunch of drones living in a vacant lot for $400 bucks a month.  From The Volokh Conspiracy:

“So holds today’s Occupy Boston v. City of Boston (Mass. Super. Ct. Dec. 7, 2011) (see this Boston Herald news story): The city’s content-neutral ban on overnight sleeping in parks is consistent with the First Amendment. This seems to me to be the clearly correct result, given the Supreme Court’s decision in Clark v. CCNV (1984), which likewise upheld a ban on sleeping in parks as applied to a tent city demonstration.

This is the same result reached as to sleeping bans or overnight presence bans in the Occupy Wall Street case and the the Occupy Fresno case, which I blogged about, and in Occupy Minneapolis v. County of Hennepin (D. Minn. Nov. 23, 2011) (motion for reconsideration denied today) and Occupy Fort Myers v. City of Fort Myers (M.D. Fla. Nov. 15, 2011), which I hadn’t gotten around to blogging about. (The plaintiffs in some of these cases prevailed on other aspects of their challenges, but all their claims of a right to an exemption from the bans on sleeping or overnight presence in the park were rejected.)”

Good Riddance.

About A.P. Dillon

A.P. Dillon is a freelance journalist and is currently writing at The North State Journal. She resides in the Triangle area of North Carolina. Find her on Twitter: @APDillon_
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