Back in 2011, the Occupy Wall Street protesters clashed with New York City’s Mayor Michael Bloomberg and police force when they were evicted from their protest site after more than two months of encampment. Ever since, many have raised the question: can protesters be legally evicted, or does the constitution protect peaceful protesting rights?
Occupy Wall Street was a protest movement that arose in September 2011 to fight back against social and economic inequality worldwide, and specifically on Wall Street. Everything from greed and corruption to the influence of corporations on government inspired the protesters.
Though the protesters were eventually allowed back onto their location, they could not bring any sleeping materials or even lay down on the ground. Protesters insist that they are protected in any type of peaceful protest by the first amendment, which states that citizens have the right to peacefully publicly assemble. However, Mayor Bloomberg stuck to the logic that the right to free assembly and expression in public spaces can be limited for health and safety reasons.
2011 was hardly the first time that protesters faced this rationale from the government, including peaceful protesters in Oakland, Portland, Sacramento, and Atlanta.
After everything that has occurred, it appears that yes, protesters can indeed be evicted regardless of their feelings on the matter. A group of homeless protesters in the UK faced this same problem when they were actually served eviction papers for standing peacefully on the town hall lawn. These men wanted others to understand how they have been suffering since the cold weather shelter in their area shut down, but the government served an injunction limiting the scale of their protest.
All around the world, protesters want to make their voices heard but find themselves coming face to face with the nuances of the law.
