October 25, 2011

Who Says the “Occupy Wall Street” Protesters Can Camp Out in Zuccotti Plaza?


With news outlets reporting mass arrests of “Occupy Wall Street” supporters around the country for refusing to leave public parks at closing time, why haven’t the original occupiers, camped out in New York ‘s Zuccotti Plaza for weeks, suffered the same fate? According to the New York Times, the answer lies in a little-known compromise struck in 1961 between real estate developers and the city. In return for zoning concessions developers need to build tall buildings, the city requires them to construct “bonus plazas” nearby to replace light and air that the new structures block. Zuccotti Plaza is one of approximately 500 such privately-owned plazas sprinkled around the city.

Unlike city-operated parks, Zuccotti and the other bonus plazas must be open around the clock. City zoning laws don’t say if their private owners can regulate public activities, and police cannot come onto the property without permission. City officials say that owners may post and enforce “reasonable rules of conduct” but not without first providing the public with reasonable notice.

So far, the only posted notice on the plaza bans skateboarding, roller-blading, and bicycle-riding.