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This story was written by Charles Ellis and John Mariani

Syracuse, NY -- About 40 protesters remained at the Occupy Syracuse downtown site after 8 a.m., the deadline imposed by Mayor Stephanie Miner for them to leave.

Shortly before 9 a.m., a delegation of about 15 went to City Hall in the hopes of meeting with the mayor. There, Syracuse Police Detective George Hack told them the mayor would not meet with them. He instructed them to remain calm. He told them they could line the hallway, but not block the passageway.

Other protesters remained at the encampment on South Salina Street. There was one police car across the street. Protesters stood on the sidewalk in front of the camp. They occasionally chanted and some displayed signs to passing motorists.

Occupier John Grey held the camp flag that had been flying from the sleeping tent. Protesters sang "Lean on Me." Earlier they chanted, "Hell no, we won't go."



The encampment survived a brutal winter night as members waited for the city to move on the eviction notice Miner gave them Tuesday.

Grey said members were not certain whether police would move this morning or wait until the middle of a coming night.

Either way, some Occupiers are ready to be arrested while others remain to spread the movement's message while the camp is removed, he said.

Even so, the camp was showing signs of an impending move-out. The library shelter's modest book collection was gone and the combination meeting tent-kitchen was bereft of equipment, its space taken up with a few boxes and some trash.

Outside, Jessica Hartz dismantled a small wire shelving unit that had come from the kitchen. The campers had returned some donated goods to their contributors while other people had volunteers to take custody of camp gear before it could be confiscated, she said.

Hartz and Grey were among an estimated 10 Occupiers present at the encampment shortly after 6 a.m. A few remained asleep. Others displayed signs at passersby. Some motorists honked support; one pedestrian bid them good riddance.

At 7:38 a..m., about 30 people were being instructed by two Occupy members on how to react should the police come. Those who are willing to be arrested were told to link arms and surround the camp. Others were told to obey police orders.

Four of the protesters are designated official observers. They will step back when the police come and record how the police and protesters interact. They are identified by hand-written signs attached to the backs of their coats.

Miner and Fire Chief Mark McLees visited the protesters’ camp in Perseverance Park on Salina Street Tuesday morning and told them they needed to leave in 24 hours. That placed the deadline at 8 a.m. today.

The officials said the protesters had to leave from the area in front of One Lincoln Center because of concern that the campers were using propane heaters and cooking appliances in their tents. Officials say the devices pose a carbon monoxide and fire hazard.

During a meeting with Miner in November, the group had been forbidden to use such devices. McLees said fire officials found some there on Jan. 8 when they were called to the encampment on a carbon monoxide complaint and found others during later visits.

But Ryan O'Hara, speaking for the group at a news conference Tuesday evening, 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.”

On Saturday, according to a timeline issued by the group of its dealings with city officials, an inspector told members to inquire about getting a city permit for propane heaters. Monday, all remaining empty tanks and accessories were removed, group members said, but they couldn’t apply for a permit because City Hall was closed for Martin Luther King Jr. Day. By the time O’Hara, of Weedsport, applied for the permit Tuesday, the mayor had already arrived with the eviction notice, he said.

Read Occupy Syracuse's statement:

O’Hara said he and many other members of his group “absolutely” are prepared to be arrested.

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Lindsay McClusky, speaking for Miner, said officials “don’t want to talk about hypotheticals” when asked how the city will proceed if the camp remains occupied.

“At this point they’ve been given a deadline,” McClusky said. “We’re hopeful they will comply with it."

Sgt. Tom Connellan, spokesman for the Syracuse Police Department, said he wouldn’t discuss what the police will do or when they will act.

“The people involved in Occupy Syracuse have been extremely cooperative with the police, and we anticipate that cooperation will continue,” he said. “Up until this point, we have had no problems with them.”

Today is the group’s 109th day of occupation of the public space on South Salina Street between West Fayette and West Washington streets. The park is owned by the Syracuse Urban Renewal Agency, a public benefit corporation whose three-member controlling board is headed by Miner.

The Syracuse encampment is one of an estimated 42 nationwide left from more than 100 that pitched tents in public areas after the Occupy Wall Street movement began in September, said Karanja Gacuca, speaking for Occupy Wall Street.

After O’Hara announced that the group won’t leave, the group held a “general assembly” Tuesday night with about 50 or 60 people to discuss its options. They said they might lock arms, march away from the encampment or even run around in their tents, among other options.

They said individual members could choose whatever action they were comfortable with and not feel compelled to do anything that would get them arrested.

Complicating matters is the weather forecast. According to the National Weather Service, the snow is expected to intensify with 3 to 5 inches falling during the day accompanied by winds gusting to 41 mph, said Brian Lovejoy, hydrometeorologist technician for the National Weather Service.

Barrie Gewanter, director of the Central New York chapter, New York Civil Liberties Union, said she met Tuesday with Miner and was told it’s too late for negotiations.

“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 New York Civil Liberties Union called on Miner to halt its eviction plans.

“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.”

Gewanter conceded that the occupiers may have no fundamental right to stay in tents on the property and “essentially camp out 24/7.”

But she said the mayor should have given them more than 24 hours to clear their gear out of the site, noting they had been allowed to stay there for months. Also, the immediate danger of propane had been removed, some confiscated by firefighters and other through voluntary removal.

Read our previous coverage of Occupy Syracuse in words, photos and videos.

Staff writer Douglass Dowty contributed to this report.