NEWS RELEASE

Judge McIntyre Vacates Temporary Restraining Order for Occupy Boston
ACLU of Massachusetts and National Lawyers Guild-Massachusetts Chapter say there is no immediate need to remove Occupy Boston from Dewey Square. FOR IMMEDIATE RELEASE
December 7, 2011 CONTACT: Christopher Ott, ACLU of Massachusetts Communications Director, 617-482-3170 x322, cott@aclum.org Urszula Masny-Latos, Executive Director, National Lawyers Guild, Massachusetts Chapter, 617-227-7335 Howard Cooper, Todd & Weld LLP, 617-720-2626 BOSTON -- The following statement may be attributed to the American Civil Liberties Union of Massachusetts and the National Lawyers Guild-Massachusetts Chapter: "We are disappointed with today's decision and are reviewing the decision with our clients to determine all their options. The Occupy Boston community is making a significant contribution to national discussion of important issues--not merely through what protestors are saying, but their modeling of an alternative to what they see as imbalances and injustices in our society. Just because the court ruled today that the city can shut down the encampment at Dewey Square does not mean that it should. As city officials have repeatedly--and recently--stated, there is no immediate need to remove Occupy Boston from Dewey Square. If city officials decide, nonetheless, to do so, how they go about it also sends an important message. Occupy Boston has always been a peaceful political protest, aimed at drawing attention to the growing inequalities in our society. At a minimum, Boston city officials and the police must exercise restraint and respect with regard to the Occupy Movement and the concerned citizens it represents. Although we don’t agree with the ultimate holding, the Judge recognized that Occupy Boston activities--its model of daily life--were intended to send a message that was communicated and understood, noting: 'There can be no doubt that at this writing in Boston, and perhaps throughout the country, an enclave of tents and in a public park connotes the Occupy movement and their 99%/1% view. Matters of finance and the present economic situation are of intense concern to many people. There is considerable media attention devoted to Occupy sites,

ACLU of Massachusetts :: 211 Congress St. Boston MA 02110 :: 617.482.3170 :: 617.451.0009 (f) :: www.aclum.org

NEWS RELEASE
and most articles, per journalistic custom, restate the Occupy position. The media has clearly understood the plaintiffs’ contribution to the national conversation.' With the exception of the heavy-handed removal of demonstrators from the Rose Kennedy Greenway early in the morning on Oct. 11, Boston has already become a model of respect for freedom of speech to other cities around the country, where Occupy encampments have been broken up with levels of force that have even shocked people who were not involved in the Occupy movement or sympathetic to its aims. Boston, as part of the long New England tradition of town meeting and grassroots democracy, has an important role to play again in how it responds to today's decision. We believe that Boston can--and must--set an example for the entire nation in protecting the rights of Occupy Boston participants." The ACLU of Massachusetts and National Lawyers Guild-Massachusetts Chapter, through attorney Howard Cooper of Todd & Weld, filed a motion for the temporary restraining order granted last month, seeking to head off the possibility that Occupy demonstrators would be forcibly removed, as they have been in other cities. -end-

ACLU of Massachusetts :: 211 Congress St. Boston MA 02110 :: 617.482.3170 :: 617.451.0009 (f) :: www.aclum.org

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