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Protesters can demonstrate outside of mayor’s home, judge rules

A group of parents, students and teachers will be able to bring their protests nearly to Mayor Michael Bloomberg’s doorstep, a federal judge ruled today.

The ruling sets the stage for what is likely to be one of the largest demonstrations against the city’s plan to close 20 schools and allow the expansion of charter schools inside many city school buildings.

Two students at a school slated for closure were among a group that sued this week for the right to rally outside the mayor’s home. They argue that the city has ignored their protests outside of the Department of Education’s Tweed Courthouse headquarters and at individual schools and want to bring the issue to the mayor’s door.

At issue in the suit was whether protesters would be able to demonstrate on the north side of 79th Street, directly in front of the mayor’s residence. The city police department, which has frequently denied requests to demonstrate outside the mayor’s home, had offered to allow the protesters to convene on the south side. Organizers declined to compromise, arguing that they have a civil right to protest on the public sidewalk.

Under the judge’s ruling, protesters will be allowed to gather on the southwest corner of 79th Street and Fifth Avenue and proceed to march along the full perimeter of the street (though not on the sidewalk) between Fifth and Madison Avenues.

“We feel obviously glad, first of all, that our First Amendment rights were protected,” said Julie Cavanagh, one of the plaintiffs in the lawsuit and a teacher at P.S. 15, a district school that currently shares space with a charter that wants to expand.

“And we understand that comes with a big responsibility to hold a peaceful and orderly demonstration, which we know it will be,” she added.

The city plans to appeal the decision, city attorney Diana Murray said in a statement.

“While we appreciate the Court’s implicit finding that the Police Department was warranted in determining that there are special security concerns on the sidewalk adjacent to the Mayor’s residence and that those concerns justify the Department’s refusal to agree to a protest procession on that sidewalk, we believe that the Court was wrong in directing that demonstrators be permitted to walk in the pavement, along the curb on both sides of the street,” Murray said.

Cavanagh said that if the city wins its appeal, organizers will still protest on the mayor’s block, following the police department’s original compromise of sticking to the south side of the street.

“There are all kinds of reasons why that’s inadequate, as the judge mentioned today, but at the very least, the protest will go on there,” Cavanagh said.

  • I noticed that…

    Here’s where the mayor could not buy the judge’s decision. He can spend $100M in his re-re-election, but he does not have the power to own the public streets. It’s the will of the people to protest if granted permission.

    Bloomberg can always live in Gracie Mansion!

  • http://www.capeducation.blogspot.com Concerned Advocate

    We at PS 15 are thrilled with today’s decision and look forward to a positive and peaceful protest next Thursday. Our voices have been silenced in educational policy under this Mayor and the results have been destructive. Please join us in telling the Mayor to stop the charter school invasions and the school closings. Please also join us in PS 15′s efforts to protect our school, an AAA community public school, being squeezed out by charter, PAVE Academy.

  • We Shall Overcome!

    This is just great! Mayoral control of schools, which is very anti-democratic and anti-American, has many, many communities very upset. People will come from all corners of this city; close City Hall and the DOE for their failures and manipulation of the laws and the system not the public schools. At least under the Board of Education system, people could be replaced; in this case we are in very dangerous waters. One person, who has no clue about running a school system, makes all the decisions without any checks and balances! Wow, this is a terrible, terrible situation. Schools and knowledge are built on give and take. Well, they have the take part right. This is the rich taking from the poor. NYC and NYS are in a terrible place with NO transparency! Now they are raising the cap on this corruption! What is NYS/Albany and NYC thinking about?

  • Dedicated Teacher

    This is a clear indication that when parents and teachers unite, they possess a power that is unbeatable! This victory is a victory for ALL New Yorkers. So….EVERYONE SHOULD COME OUT TO SUPPORT THIS CAUSE. Show solidarity. Show this mayor who REALLY is in charge of this great city…THE PEOPLE! Now is OUR chance. Seize the moment!

  • This is a sideshow

    This is no great victory. People can now march on the north side of a street, not on the south side. Big deal. This is a media spectacle and not much more.

    Why weren’t these teachers marching against 5 out of 10 of their students not graduating on time? Why weren’t their teachers protesting while their students got 26% passing rates on the Regents exams?

    On a separate note: The mayor has been closing schools for 8 years; the only reason that the UFT is protesting this round of closings and at the PEP is because they didn’t get their payoff with the contract. These are the only percentages they care about: 4% + 4%

  • This is a side show response

    Charter schools have no transparency.
    Take a look at a charter school job opening, no salary is stated. Each job is its own special back room deal. A Charter School CEO can make several hundred thousand. That is money being robbed by the rich from the public. As in the case of Red Hook, Spencer is worth more than Fort Knox, plus the 26 million from the city (which should be used for REAL public schools. This whole charter movement stinks of pay offs, as in the case of NYS Governor. Look and see who funds his campaign; maybe a good reason to lift the caps on charter schools. The rich want them really bad and have manipulated the politicians and the system into doing it, even if it means hurting the great teachers of public education. Yes, there are many GREAT public school teachers, with families, who work very very hard for the children of NYC. But their plight in this does not matter. So they lose their schools and their jobs. They do not deserve any kind of fairness at all. These teachers have studied education, degree upon degree, met all state and city requirements. But trash these people for wanting a cost of living raise as opposed to a charter school principals and teachers who many start in the 6 figure range. Give me a break. Actually, many teachers do not want a cost of living raise from mayor Bloomberg at all. Many rather not have anything from the mayor who failed the school communities and children of our city. The children of our city are suffering and they see it first hand and no one cares of the haves and have nots the president, the state, the city is creating? It is there for all to see and THEY DON”T CARE! Wow, have we moved away from democracy! God bless the child that got his own!

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