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Update: Members of Occupy Syracuse vowed tonight to stay in Perseverance Park in downtown Syracuse despite Mayor Stephanie Miner's vow to evict them at 8 a.m. Wednesday.

Ryan O'Hara, speaking for the group, said city officials gave the group confusing and conflicting rules that made it difficult to comply.

"We want to work with the city to ensure we are in compliance with all of the safety rules," O'Hara said. "But the mayor has refused all of our attempts to meet with her and discuss our options."

Earlier:

Syracuse, NY -- While Occupy Syracuse may have no fundamental right to camp out in Perseverance Park downtown, it's unreasonable to evict them with only 24 hours notice, said the director of the local New York Civil Liberties Union chapter.

This morning, Syracuse Mayor Stephanie Miner, citing safety concerns, ordered Occupy Syracuse to leave its home at the corner of Fayette and South Salina streets by 8 a.m. Wednesday.

But Barrie Gewanter, director of the Central New York chapter of the NYCLU, called the 24-hour notice "heavy-handed" and "unreasonable."

The suddenness of the eviction could infringe upon the protesters' First Amendment rights, Gewanter said.

“The First Amendment sets the floor, not the ceiling, for protection of free expression,” Gewanter said in a news release. “It is entirely appropriate for the city to work with demonstrators to find a solution that both address public safety concerns and respects free speech.”

Gewanter said the mayor told her the city plans to move in after 8 a.m. Wednesday to remove any structures and personal items.

"She seems to feel they had their chance, they blew it, and now she's acting unilaterally," Gewanter said. "She seems to have made her mind up, and she does not seem to have any desire to have any further conversation about this."

The mayor felt there were clear agreements and expectations, but the Occupiers felt differently, Gewanter said.

"There were communication gaps," she said.

Miner had told the Occupiers they could stay, but couldn't use electricity or heating devices.



Fire Chief Mark McLees said he found propane devices during several inspections of the site. The devices were removed, some confiscated by firefighters and others returned to people who donated them.

Gewanter said Occupiers gave her permission today to talk to the mayor on their behalf.

She asked if Miner would be willing to sit down with the Occupiers to work out an agreement letting them stay.

The answer, Miner told her, was no.

Gewanter said while there is a right to assemble, "there may be no fundamental right to set up a structure and to essentially camp out 24-7."

But she said since the immediate safety concern has been addressed, there is no reason for the city to move so quickly in taking down the encampment.

“The planned eviction is sudden and unexpected, unnecessary, and would infringe on free speech rights,” Gewanter said. “We’re confident the city’s concerns can be addressed through discussion between the city and demonstrators. Syracuse has set a good example by allowing the protesters to express themselves in the park. It would be a shame to spoil that record with a hasty eviction.”

Read more about Mayor Stephanie Miner's eviction notice for Occupy Syracuse.