This is what democracy looks like

“The Occupy Boston encampment in Dewey Square is a uniquely expressive response to the problems we face as a society today,” said Howard Cooper, the Todd & Weld attorney who is representing the Occupy Boston protesters pro bono in collaboration with the ACLU of Massachusetts and the National Lawyers Guild-Massachusetts chapter.

“At a time when many feel that our government is broken, the protesters have set up a small community to demonstrate how people can associate together in a more democratic, egalitarian and just way,” said Cooper. “In deciding to go to Court, the protesters have sought protection from interference with their efforts to communicate their message.”

Kristopher Eric Martin, a long-time participant in Occupy Boston and sole witness for the Occupy movement, testified about taking classes of school children on tours of the camp as a “demonstration to show how people can live in a different, better way. I show them how direct democracy works by showing them the symbols and hand gestures used in Occupy Boston’s General Assembly….they gain an appreciation for how it feels to have every person’s voice heard in a true democracy.”

Professor Cornelius Hurley, who teaches banking law at Boston University Law School and is co-chair of the Financial Services Section of the Boston Bar Association, submitted an affidavit to the court in which he said, “I saw that the institutions Occupy Boston protestors have established include health, governance, mission, all of which are reflective of a horizontal society. In their totality, they have established a mini-democracy.”

Of course, Judge McIntyre created space in the court proceedings for Boston city officials to be heard as well.

The city’s sole witness was Boston Fire Marshal Bart Shea, who expressed his concern about potential fire safety issues at the encampment, saying, “I fear for the life and safety of every person on that property.”

The Fire Marshal also acknowledged, under cross-examination by Todd & Weld attorney Ben Wish, that prior to the city’s court filings last Tuesday, the fire department had never properly delivered a written notice to Occupy Boston protestors expressing the depths of Shea's concern.

“I didn’t waste the effort,” said Shea.

Of course, the people living at Occupy Boston are equally concerned – possibly more concerned – about their own public safety than city officials. Occupy resident Martin testified that the Occupy protesters are prepared to work with city officials to do what it takes to ensure both public safety and freedom of speech.

By the time closing arguments came around, it nearly felt as if both sides wanted the same thing: a society in which we are both safe and free.

“The city of Boston takes First Amendment rights seriously, and the city should give them a wide berth…but those rights are not unlimited,” said attorney Michael Riccuiti, arguing for the city.

“No one is suggesting that the protesters don’t care about public safety,” said Cooper, defending the Occupy movement. “But freedom of speech and expression are values of constitutional dimensions in a democracy – and our government also has the highest interest in protecting those values.”