BNY Mellon Files Injunction To Send Protesters Packing

PITTSBURGH (KDKA) — Occupy Pittsburgh protesters have been busy preparing for winter, but if BNY Mellon has its way, they won’t have to worry about the plunging temperatures for long.

Attorneys for The Bank of New York Mellon filed a 21-page injunction in Allegheny County Common Pleas Court this morning demanding that the Occupy movement pack up and leave Mellon Green Park, where they’ve been staying since October 15th.

The complaint asks that those who refuse to leave the encampment within 20 days be cited for trespassing.

Meanwhile, after ignoring BNY Mellon’s order to leave the park by noon yesterday, protesters went a step farther and renamed the site of their encampment “The People’s Park” — saying the bank must leave.

Around 8:30 a.m. today, about 40 protesters left the camp — marching to the bank’s Grant Street entrance where they taped an eviction notice to the door. “We the people of Pittsburgh have so far tolerated the presence of this organization on this property,” protester John Lacny read of the notice, “and as for the Occupy Pittsburgh encampment, we have enjoyed a friendly relationship with most of BNY Mellon staff.”

Jeff Cech of Occupy Pittsburgh told KDKA this weekend that they’ve been preparing to continue their protest for the long haul; but it’s unclear what will happen if a judge orders the camp to disband. “I personally think some people will leave when they’re told it’s time to go — when it comes down to the wire — to avoid arrest; other people will probably act in civil disobedience.”

But Protester Don Carpenter said he’s committed to the cause. “We’re going to stay by any means necessary,” Carpenter added. “Basically, we’re going to mobilize some people. If they come to evict us, they’ll have to drag us out.”

The judge has not yet scheduled a hearing on BNY Mellon’s petition to send the protesters packing; but legally, since the bank owns the property, it could ask for an immediate eviction.

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  • xjamesx


    “Police State: Rise of FEMA”

  • Thomas J Duttine

    Give them another place to “occupy” County Jail!

    • xeranar

      Peaceful assembly is now a crime?

      How about next time you have a backyard BBQ or a tailgate the police come and slam you to the ground and arrest you? Wouldn’t that be wonderful, then you could have a great time in county lock up.

      • kingjim9

        Peaceful assembly isn’t a crime, but when you are on private property and your asked to leave then it starts to become a crime.

        They were asked to leave, some did, some did not, now they are being asked to legally leave and if not then they’ll be cited for trespass.

  • silly

    I’m confused…”Occupy Piitsburgh is planning on filing an eviction notice of their own with BNY Mellon” So just because you rename a park and occupy it you can evict the rightful owners? Crack pots. I agree that cooperate greed but you are losing the support of people with these types of actions.

    • xeranar

      It’s symbolic. Stop concern trolling the concept. Clearly they don’t literally mean an eviction.

  • Wayner P.

    Good afternoon Ross, From Z Wayner! It was cool hangin with ye this day, today! I like their general idea, but as with any protest, it has to be organized, and not get outahand! They ruined a beautifull park that WAYNER affectionately refered to as MELLONHENGE Park! BNYMellon owns the land, & they wuz kind enough too let them stay thar 4 their cause! Now it is time 4 them thar to leave, what do they plan on when we BURG folk git Z February 4 ft of snow? That should bee Verry Interestin! And Wayner aint Sgt. Schultz fr. HOGAN”S HEROE’S!!

  • Jeff

    There should be no need for any court action. It is private property. At any time, BNY Mellon should be able to call police and have them removed or arrested!

  • iamatruepatriot

    BNY is just afraid of the protestors. These bankers are aweful people. Down with the 1%, long live the 99%.

    • occupytaxes

      It is not their land and thus they are breaking laws being there. And by the way you are a vile person. The rich pay nearly all of the taxes in this country and people like yourself could care less. Grow up!

    • mayorofgbd

      18 Pa.C.S. § 3503: Criminal trespass

      (a) Buildings and occupied structures.–

      (1) A person commits an offense if, knowing that he is not licensed or privileged to do so, he:

      (i) enters, gains entry by subterfuge or surreptitiously remains in any building or occupied structure or separately secured or occupied portion thereof; or

      (ii) breaks into any building or occupied structure or separately secured or occupied portion thereof.

      (2) An offense under paragraph (1)(i) is a felony of the third degree, and an offense under subparagraph (1)(ii) is a felony of the second degree.

      (3) As used in this subsection:

      “Breaks into.” To gain entry by force, breaking, intimidation, unauthorized opening of locks, or through an opening not designed for human access.

      (b) Defiant trespasser.–

      (1) A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:

      (i) actual communication to the actor;

      (ii) posting in a manner prescribed by law or reasonably likely to come to the attention of intruders;

      (iii) fencing or other enclosure manifestly designed to exclude intruders;

      (iv) notices posted in a manner prescribed by law or reasonably likely to come to the person’s attention at each entrance of school grounds that visitors are prohibited without authorization from a designated school, center or program official; or

      (v) an actual communication to the actor to leave school grounds as communicated by a school, center or program official, employee or agent or a law enforcement officer.

      (2) Except as provided in paragraph (1)(v), an offense under this subsection constitutes a misdemeanor of the third degree if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person. An offense under paragraph (1)(v) constitutes a misdemeanor of the first degree. Otherwise it is a summary offense.

    • mayorofgbd

      You are NOT 99% no more than I am 1%. You’re lucky if the 30 of you actually represent 25%…JUST GO AWAY, YOU’RE BEGINNING TO ANNOY US WORKING FOLKS.

  • hourofthewolfpress

    so awesome…now that they aren’t allowed to be there, that makes this a real occupy movement!

  • 12/13 Morning Buzz | PoliticsPA

    […] to accept paperwork Post-Gazette: Judge opens Sandusky hearing to live updates from reporters KDKA: BNY Mellon files injunction to send protesters packingSouthwest Indiana Gazette: Councilman to take […]

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