NEW YORK – Hundreds of Occupy Wall Street protesters evicted from Zuccotti Park on Tuesday morning vowed to re-enter as they marched in a circle around the perimeter of the park chanting "you are breaking the law" to police wearing riot helmets.
By John Minchillo, AP
Occupy Wall Street protestors walk through a corridor of police alongside Zuccotti Park after being removed early Tuesday.
Police cleared out the park in the early morning hours so sanitation crews could clean.
Police Commissioner Ray Kelly said around 200 people were arrested, including dozens who tried to resist by linking arms at the center of the park or chaining themselves together with bicycle locks.
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Protesters at the two-month-old encampment were told they could come back after the cleaning, but under new tougher rules, including no tents, sleeping bags or tarps, which would effectively put an end to the encampment if enforced.
"The law that created Zuccotti Park required that it be open for the public to enjoy for passive recreation 24 hours a day," Mayor Michael Bloomberg said in a statement. "Ever since the occupation began, that law has not been complied with, as the park has been taken over by protesters, making it unavailable to anyone else."
The National Lawyers Guild which is representing the protesters obtained a court order allowing them to return to the park with tents. The guild said the injunction prevents the city from enforcing park rules on the protesters.
Judge Michael Stallman was reviewing the preliminary order by another judge. Guild lawyers said the judge promised a decision later in the day. City lawyers were also arguing their case.
"No matter what Bloomberg tries to do, this is not the end of Occupy Wall Street," said Bill Buster, spokesman for the evicted protesters.
He said that when he arrived at the park at 3 a.m. protesters had "scattered like flies after the police came in and started arresting people."
Protesters around the park on Tuesday read in unison a state court order to police regarding the park. Some sang "Occupy Wall Street, We will not be moved."
Several people were arrested when they tried to cross the police line and were carried off. "We have a legal right to be here, not you!" said Melanie Hurt, 22, of Brooklyn, directing her shouts to a line of police standing between the protesters and the park.
Frank McCauley, 21, also of Brooklyn, joined the group.
"Now you guys are occupying the park for us," he told police.
Mark Bray of Jersey City, a media representative for Occupy, said the court order allows the group back into the park with tents, which are vital to the protest.
"You can't have an encampment without tents," he said. "And it's the encampment that's made this movement so big. That's its strength."
Bray said in the past the city has allowed lots of groups to use public spaces in New Yorkand the park is a public space.
"It seems because Bloomberg doesn't like our message he's trying to kick us out," Bray said. "If we were a 9/11 family group his response would be different."
Police and government officials have been clearing out Occupy camps around the country in response to reports of violence, vandalism, death and illness.
City officials say public safety needs to be balanced with free expression rights.
"The more evidence that we see of problems in the way of safety and health concerns, the more ammunition the government has to support enforcement of the curfew ordinances," First Amendment attorney Lawrence Walters said.
In Portland, Ore., more than 50 people were arrested Sunday night after police officers in riot gear moved in to empty the parks. Portland then closed Lownsdale and Chapman Squares to the public in an attempt to combat safety, health and crime problems, Mayor Sam Adams said.
Philadelphia Mayor Michael Nutter has increased the uniformed police patrol near the city's camp because of safety concerns including combustible structures, lack of an emergency fire lane and growing problems with litter, public urination, defecation and graffiti.
"These conditions are intolerable. Occupy Philly is not acting in good faith," Nutter said.
In Oakland, Calif., "The situation has deteriorated to the point where we are no longer able to address public health and safety concerns," said Karen Boyd, communications manager for the city.
At about 1 a.m. Tuesday, New York City police handed out notices from Brookfield Office Properties, owner of Zuccotti Park, and the city saying that the park had to be cleared because it had become unsanitary and hazardous. Protesters were told they could return in several hours, but without sleeping bags, tarps or tents.
Hundreds of former Zuccotti Park residents and their supporters marched along Lower Manhattan before dawn Tuesday and threatened to block Broadway during the morning rush hour. Others gathered near Foley Square, just blocks from Zuccotti Park, where they can't get arrested.
Some protesters refused to leave the park, but many left peacefully.
Ben Hamilton, 29, said he was arrested "and I was just trying to get away" from the fray.
Hundreds of police officers surrounded the park in riot gear with plastic shields across their faces, holding plastic shields and batons which were used on some cases on protesters.
Police also came armed with klieg lights, which they used to flood the park, and bull horns to announce that everyone had to clear out.
Jake Rozak, another protester, said police "had their pepper spray out and were ready to use it."
Notices given to the protesters said the park "poses an increasing health and fire safety hazard to those camped in the park, the city's first responders and the surrounding community."
It said that tents, sleeping bags and other items had to be removed because "the storage of these materials at this location is not allowed." Anything left behind would be taken away, the notices said, giving an address at a sanitation department building where items could be picked up.
Anti-Wall Street activists intend to converge at the University of California-Berkeley on Tuesday for a day of protests and another attempt to set up an Occupy Cal camp, less than a week after police arrested dozens of protesters who tried to pitch tents on campus.
The Berkeley protesters will be joined by Occupy Oakland activists who said they would march to the UC campus in the afternoon. Police cleared the tent city in front of Oakland City Hall before dawn Monday and arrested more than 50 people amid complaints about safety, sanitation and drug use.
Contributing: Elizabeth Weise, Natalie DiBlasio, McLean, Va.; Associated Press
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