The Daily Caller

The Daily Caller
 An Occupy Wall Street protester collects and bags clothing in Zuccotti Park to be delivered to a laundry service in Brooklyn, Sunday, Oct. 30, 2011, in New York. With the temperature dropping, protesters are stockpiling donated coats, blankets and scarves, trying to secure cots and military-grade tents, and getting survival tips from the homeless people who have joined their encampments. (AP Photo/John Minchillo)  

Judge rules against Occupy Wall Street encampment

NEW YORK (AP) — A New York judge has upheld the city’s dismantling of the Occupy Wall Street encampment, saying that the protesters’ first amendment rights don’t entitle them to camp out indefinitely in the plaza.

Supreme Court Justice Michael Stallman on Tuesday denied a motion by the demonstrators seeking to be allowed back into the park with their tents and sleeping bags.

Police cleared out the protesters in a nighttime sweep early Tuesday. The judge upheld the city’s effective eviction of the protesters after an emergency appeal by the National Lawyers Guild.

The protesters have been camped out in privately owned Zuccotti Park since mid-September. Mayor Michael Bloomberg said he ordered the sweep because health and safety conditions and become “intolerable” in the crowded plaza.