Occupy Boston encampment in downtown Boston is safe — at least for now
Martine Powers talks about a hearing today that could determine the fate of the Occupy Boston encampment downtown. (Alan Miller/Globe Staff)
The current order barring the city of Boston from suddenly evicting Occupy Boston protesters who have camped out in the downtown area will remain in effect, while a judge ponders her next move in the case.
Suffolk Superior Court Judge Frances A. McIntyre said today she would decide no later than Dec. 15 whether Mayor Thomas M. Menino’s administration will be permanently barred from forcibly shutting down the Dewey Square encampment without prior court approval.
After a lengthy hearing in which both the city and Occupy protesters battled over the conditions and meaning of the tent city, McIntyre extended the temporary restraining order she had issued against the city last month.
Two witnesses testified during the hearing, one for each side.
For the city, Boston Fire Marshal Bart Shea testified that the tents used by protesters have created a fire hazard that poses an immediate threat to the protesters and to the general public traveling through that neighborhood.
“I was appalled at what I saw, and to me it appears to be a chaotic scene,’’ he testified.
“A fire could rip right across the top of these tents before someone could get out.’’
Appearing for Occupy Boston, Kristopher Eric Martin testified that by setting up camp two months ago in Dewey Square, protesters were sending a message to workers in the Financial District office buildings that surround the encampment.
“We are providing an example to all those who come through here on how to have a better society,’’ he testified.
McIntyre quizzed witnesses about details of the camp — whether it was handicapped-accessible, for example — but did not inquire into the philosophical issues raised by the takeover of the public land by residents of a tent city.
Mayor Menino has said he has no immediate plans to evict the protesters, but city officials are looking to retain the right to remove them if they deem the camp a health or safety risk.
A filing submitted to the court by the city made a strong case for eviction, painting a picture of putrid, perilous enclave riddled with fire hazards, health code violations, and crime.
“Nothing in the First Amendment allows tying the city’s hands from enforcing applicable fire, health, inspection codes, criminal statutes, and guidelines that govern the use of the Greenway,’’ the city said.
The protesters have asserted that the camp serves as a model of a democratic, egalitarian community.
They contend that living on Dewey Square is an act of speech in itself, different from simply holding signs or chanting on sidewalks, and is protected under the First Amendment.
The mid-November temporary restraining order issued by the judge barred evictions from the camp except in case of fire, medical emergency, or “outbreak of violence.’’
To read today’s story on bostonglobe.com, click here.
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