Today, Congressman Jerrold Nadler (D-NY), representative of Lower Manhattan and the Ranking Democrat on the House Judiciary Subcommittee on the Constitution, responded to news that, on Friday, Mayor Bloomberg plans to evict Occupy Wall Street activists from their base at Zuccotti Park in Manhattan.

He issued the following statement:

“I am very concerned by Mayor Bloomberg’s plan to remove Occupy Wall Street activists (OWS) from Zuccotti Park tomorrow morning. I believe that protecting the rights of OWS and the needs of the Lower Manhattan community are not mutually exclusive. This situation can and must be resolved in a manner that addresses the concerns of local businesses and residents without violating either the First Amendment or New York’s long tradition of respecting public protest. It would be unfortunate, precisely because it is unnecessary, if this matter were not resolved in an amicable manner.

“The activists are now working to clean the park, and it should be possible to arrange for them to work cooperatively with the property owner to ensure that it is cleaned and maintained to everyone’s satisfaction. I support efforts currently underway by Manhattan’s Community Board 1 and OWS to develop a code of conduct to ensure ongoing cooperation and minimal disorder.

“There should be no need for the police to execute a mass eviction if the parties can work together to clean and maintain the park. I also believe that it is possible to allow OWS to use the space and to maintain a presence that includes sleeping bags in a manner that permits the use and enjoyment of the park by the general public. Insofar as the property owner committed to keeping the park open to the public 24 hours a day in exchange for zoning concessions from the City, it has an obligation to work with OWS to ensure that this commitment is honored.

“I am especially concerned that, in addition to prohibiting sleeping bags, the NYPD may also enforce a ban on such items as laptop computers. If true, this would be a serious and unnecessary infringement on core First Amendment interests. The City has no rational basis for preventing people who are peacefully using a public space to speak, write, or otherwise communicate their views.

“The City has an obligation to maintain public order, but it also has an obligation to respect the right to speak, to protest, and to petition the government for redress of grievances. Apart from the requirements of the Constitution, New York City has long been home to political protests of all kinds. The City should respect that tradition, and our core constitutional values, by working with Occupy Wall Street to ensure that they may continue their important work.”