Wednesday morning, the last curtain call for OccupyNewHaven’s stay on the Green. After a ruling by the 2nd Circuit Court of New York went against ONH’s First Amendment challenge  (see www.pattisblog.com ). An emergency GA was called and a unanimous decision was reached to take down the encampment, to save rather than let the authorities destroy usable items. A last minute ‘hail Mary’ attempt was put forward by Attorney Pinsky, but by late afternoon that too had failed. (see also  www.nhindependent.com Tuesdays edition) There will be one tent placed near the Peace Garden and occupiers will join hands and refuse to leave… that’s the plan;know more in a few hours when the Police will move in.

Dateline… 4/15/2012 New Haven, Connecticut. OccupyNewHaven celebrates their 6 months of continuous occupation on the New Haven Green. People gathered for an all day festival with live music, food and guest speakers. The media exposure is still present as we mark just 24 hours until the 2nd Circuit Court of New York makes a ruling on whether ONH has a protected First Amendment Right to free speach on the New Haven Green. One would imagine that Tuesday the 17 th of April will garnish some attention as the City of New Haven and it’s Police Force again await a ruiling, this time from the 2nd most powerful court in the land to tear down and sweep under the rug the inequality of the ‘have and the have nots’, along with a multitude of issues from corporate greed, environmental degradation, lack of transparency in government, Alec., Super Pacs, women’s reproductive rights, dependence on oil, workers rights, racial profiling, immigration rights, social safety net concerns  and a list so long it would finally put to rest that Occupy has no message. Wake up America!

ONH has received another last minute stay from the 2nd Circuit Court, details are being worked out… . At 12 NOON the police put up tape barriers and called in the Public Works trucks and front end loaders.  At that time there was no word from Attorney Pattis ,they started to take apart the Peace Garden and then the loader’s bucket made it;s first pass on Mad Max’s art display….in a Tiananmen Square move  a occupier layed down in front of the front end loader and halted the process. Lots of emotion and activism built to a crescendo… as the group chanted Shame Shame. The Lawyer called minutes later and reported that there was a stay granted until April 17th. There were 2 arrests, one occupier who tried to retrieve a tent that had been dumped into a truck and the other … a Yale Grad School supporter from the School of Forestry who was trying to protect the Elm trees from the heavy equipment damage. There is a article at www.nhindependent.com titled Eviction Halted at Occupy New Haven, which gives  a more than accurate account of the day of action. What transpired previous to the eviction set up the timeline for  Tuesday’s events. With Judge Kravitz decision of ending the Temporary Restraining Order on Monday 4/09 it set the stage for high noon on Tuesday…. the Police,the City, et al were programed to sweep through the camp and wipe the Green clean. The decision that the Judge handed had the implications that this could be taken further.   ‘ Similarly unavailing is the Defendants’ claim that the Plantiffs’ “occupation” of the Green through round the clock camping fails the test established by the Supreme Court in Spence v Washington,  418 US, 405, 410-11 (1974) (requiring an intent to convey a paticularized message” and a likelihood in the surrounding circumstances… that the message would be understood by those who understood it”.) In addition to misquoting Spence test, See Defs. Supp. Mem. [doc.#28] at 22, the City neglects Spences emphasis on context. See id. at 410(“[T]he context in which a symbol is used for the purpose of expression is important, for the context may give meaning to the symbol.”) One would have to have lived in a bubble for the past year to accept Defendants claim that Occupy Tents “could simply mean that the plantiffs enjoy camping”. Defs.’ Supp. Mem. of Law[doc.#28] at 23. The City’s eviction notice did not seem confused on this point when it congratulated the protestors’ committment to “economic justice” rather their love of the great outdoors.            For another perspective www.nhregister.com all you have to do is check out the front page!

Does OccupyNewHaven even have that luxury of choice? No matter a Federal Court Judge will decide the fate in the next several days! Do tents with political messages and sleeping overnight on ‘private’ property give you protection under the 1st Amendment? When is enough … enough? No permit… a liberal City Administration, a accepting Proprietor and a lenient and non aggressive Police Force equal five months of Activism and Protest on the Historic New Haven Green. Braving a winter in tents and personal sacrifices galore… spring blooms with Eviction notices taped to every single tent. A brilliant activist Attorney and legal team (Norm Pattis) lights up a usually boring Courtroom as all listened in ‘not a sound’ silence . So do you play it out to the end? Get arrested as the camp is thrown into a dumpster. Or, do the occupiers make a deal with the City and The Proprietors? Maybe even go out under your own choice making a powerful statement that announces OccupyNewHaven will continue to be a force in changing local issues as well as global. Is that ‘giving in’? Is their a better choice?

In my own little bubble, the 24 hour clock has begun. Tomorrow at this time arguments will be heard from both sides and from which may decide the fate of OccupyNewHaven. As the News cycle consumes our lives and spits it out for consumption. What does a few bubbles really matter, unless you are that released piece of news in your little corner of the planet.                   We’ll occupy the streets

We’ll occupy the Courts

We’ll occupy the offices of you,

Till you do the bidding of the many , not the few           Makana        www.makanamusic.com

Ho hum, no Para Miltary Police force decending on the camp. Just a determined Occupation and a smart Lawyer. Just a brief synopis of the past several days.

On the 14 th of March Attorney Norm Pattis challenged the City of New Haven and The Proprietors of the Green over First Amendment Rights and ownership of the Green. ONH received a two week stay. The camp did a massive clean up on it’s own terms, as opposed to what the City had in mind when it parked a 40′ Dumpster adjacent to the camp.

I would hope that all stand in solidarity and go to www.occupynewhaven to get info concerning our next Court appearance on March 28 th at 2pm . And for some really entertaining reading go to ONH’s Attorneys blog site  www.pattisblog.org

You can’t imagine the visual transformation of the camp… from a sprawling flow of tents placed in a harmonious statement to a ‘circle the wagons’ and ramparts up and “no we will not go”!

Beside being an entry into a diary… its a call for help or for that matter Call the Mayor ( John DeSteffano) 203 946 8200 the Police Chief (Dean Esserman) 203 946 6333 and the Chief Counsel for the City (Rob Smuts) 203 946 7902  The world is watching!!!