Originally billed as a "First Amendment three-ring circus," yesterday's protest of the NYPD's treatment of journalists and the Constitutional rights of protesters drew only around 60 people at its peak. But with so few in attendance, why did the NYPD feel the need to block access to 79th Street between Fifth and Madison Avenues entirely? And how was enacting this "frozen zone" outside of Mayor Bloomberg's residence at 17 East 79th Street legal? "It's not," civil rights attorney Norman Siegel told us. "It's illegal, unconstitutional, and a clear abuse of authority."
A half-dozen livestreamers, recording speeches and intermittent mic checks, were surrounded on the northeast corner of 79th and Fifth Avenue by more than 20 NYPD officers. A massive NYPD mobile command vehicle idled nearby, and barricades prevented anyone but residents from entering 79th street. "I'd say the NYPD's obstruction of the press is higher now than it was during the 2004 Republican convention," Occupy Wall Street press liaison Bill Dobbs said. "It's more frequent, and more severe. I spoke with an AP photographer here who said they hadn't seen things this bad in 30 years on the job."
We witnessed Siegel (who is representing Gothamist in our process to obtain press credentials) speak with an NYPD officer who told him that it's "standard procedure to create a frozen zone on 79th street during any demonstrations." The NYPD has not responded to our requests to confirm that this is in fact department policy.
Just two years ago, Siegel represented two Brooklyn High School students in a lawsuit against the city. The students wanted a permit to protest their school's closure outside Bloomberg's residence. As Siegel told reporters at the time, "The larger issue is clear: Can a public sidewalk be transformed into a private enclave because the mayor of New York lives there?"The court ruled that it couldn't. But that victory was short-lived: less than a week later on the day of the protest, the 2nd Circuit claimed that Judge Alvin Hellerstein didn't have the authority to make the decision, and overruled him. The city won on appeal. "That case troubled me then, and it troubles me now," Siegel said.
"People need to be contacting the NYCLU to ensure that the NYPD can't do this anymore," the event's organizer, John Penley, told us. As the hours wore by, protesters began reading aloud the list of "circumstances" that NYPD officers must identify on all stop-and-frisks. "Suspicious bulge?" One man shouted. "Hey officer, I have a suspicious bulge in my pants, would you come frisk me?" Another man loudly interrogated his friend: "You fit half of these descriptions, why aren't they stopping you?"
Lauren Digioia, her now-famous blue hair standing out amongst the muted winter coats, found herself being arrested on Tuesday at Grand Central for what appeared to be raising her voice. Sick and on antibiotics, Digioia was in custody for 26 hours, and shuttled from the 20th Precinct to Downtown Hospital in handcuffs so she could take a single dose of medication. She has refused to accept a plea deal and is fighting her three counts of disorderly conduct and one count of resisting arrest with the help of an NLG attorney.
"We're going to have to be arrested like this, over and over again to show that there's a clear pattern of the NYPD violating the First Amendment," Digioia told us. "What happened to the New York Times photographer, the reporter on New Years Eve—the effect is that they're keeping the public in the dark." As for bringing down the barricades in front of Bloomberg's townhouse, Siegel noted, "It's probably going to take 50 prominent New Yorkers to come up here and be willing to cross the barrier and face arrest. Today, it doesn't seem like anyone here is prepared to do that."
The barricades gave commuters little space to wait for the bus on 79th Street, and crowds of people mingled on the street next to the demonstrators. A girl being led by her mother seemed somewhat puzzled by the protesters handing out literature and waving the American flag. "It's just part of the Occupy protests, honey," her mother said, and they both lined up to board the M79.