http://www.guardian.co.uk/world/2011/nov/15/michael-bloomberg-health-safety-weak?INTCMP=ILCNETTXT3487<snip>
Early on Tuesday, lawyers for Occupy protesters managed to get a court order ruling that the protesters could return to the park after the clearance. The order from New York supreme court judge Lucy Billings allows protesters to bring tents and other equipment back into the privately-owned park, and also barred police from making further evictions or for arresting anyone unless they were breaking the law.
Despite the ruling, hundreds of New York police blocked protesters from returning to the park, and more arrests were made as the two sides headed back to court for a second hearing.
Constitutional lawyers said health and safety was unlikely to trump the first amendment. Darius Charney, attorney with the Center for Constitutional Rights (CCR), said the right of people to assemble peacefully in political protest was one of the most fundamental rights under the first amendment.
"In my view, the health and safety issues are rather minimal in comparison to the first amendment issue," he said.