Four Occupy Albany protesters arrested

The Occupy Albany movement is met with opposition by Albany Police just hours after being evicted from Academy Park. Police say they were justified in their actions because protestors got too aggressive. Our Erin Vannella reports.

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ALBANY, N.Y. -- Albany Police say they were justified in using pepper spray on Occupy Albany protesters after they reportedly began getting rowdy and aggressive toward officers.

Police say they sprayed two protesters because the group was in direct violation of a court order after they took away their information tent from Academy Park but brought it back and put it down.

A total of four protesters were arrested during the day and a number of other people, including two officers, were injured.

Police say their actions were necessary based on a large number of protesters resisting eviction and obstructing officers from doing their jobs.

In a statement, police said, “The city and the police department has gone to great lengths over the past two months to accommodate the protesters’ First Amendment rights. We were in constant dialogue with representatives of Occupy Albany that included the discussion of health and safety issues of those encamped in the park. The actions taken today were based on a court order and were appropriate. The order does not preclude anyone from continuing to protest in the park at anytime and the city will continue to respect Occupy Albany's right to free speech.”

Protesters, on the other hand, say many more than just two people were pepper sprayed and they call the police action unnecessary. The attorney representing protesters says police came up to them by surprise after they refused to stop protesting.

"One of the tents that had been removed already and walked around the city in an ad hoc march had briefly come back to the park. And without any warning, the police on horseback and on foot sort of raided, sort of approached people were pepper sprayed and thrown out of the way. It was really unjustified and unnecessary and outrageous," said Mark Mishler, Occupy Albany Attorney.

Protesters marched down to South Police Station later in the evening, pushing for those arrested to be freed. That did not happen.