Occupy Pittsburgh ordered to leave BNY Mellon property
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The Occupy Pittsburgh movement has three days to exit the space at Mellon Green after an Allegheny County Common Pleas judge this afternoon granted a motion for a preliminary injunction requested by BNY Mellon.
Judge Christine A. Ward issued her 23-page opinion, finding that there is no zoning, legal or common law ground that "permits a group of people to take over someone else's private property as defendants have taken over BNY Mellon's property here."
Attorneys for Occupy Pittsburgh had argued that Mellon Green is a public forum, and that the people encamped there should be permitted to stay.
But Judge Ward found that even if the park can be considered a public space in the spring, summer and fall, the space is closed every winter, and therefore, "at least in the winter months, Mellon Green is simply private property."
The order requires BNY Mellon to post a $10,000 bond with the court, at which time it will become effective.
Jules Lobel, an attorney for Occupy Pittsburgh, disagreed with Judge Ward's reasoning.
"She really deferred to private property, even though it is designated urban open space, built with public subsidies with the idea it would be a public plaza," he said. "I don't think she got the First Amendment right."
He said it was unclear if his clients will appeal the decision.
"The problem now is what the city will do in terms of removing them," he said.
Allegheny County Sheriff William Mullen said if the occupiers don't leave on their own within the 72-hour period allotted, then BNY Mellon will have to file a request for eviction.
Should the court grant such a motion, then, he said, his officers would go in and remove the protesters.
"They've been very cooperative with us," Sheriff Mullen said. "In a perfect world, they'll be gone by Monday."
First Published February 2, 2012 1:26 pm
