The big question tonight - will the occupy arrests continue in Lafayette Park?If they do, it seems protesters still won't have much to lose.
Albany County District Attorney David Soares maintains that he won't prosecute.
And Wednesday, Governor Andrew Cuomo said he doesn't plan on appointing a special prosecutor to do so.
At first, some occupiers said the arrests “made a statement” but now, some feel that statement isn't the right one.
“To a certain extent, I see the curfew violations as a distraction,” explained Mary Bryan of Albany.
“I believe we can do this peacefully without the arrests,” said another occupier, Scott Redden who wants a “warm and fuzzy revolution.”
Many occupiers are now trying to avoid conflict in Lafayette Park and concentrate on the issues at hand, all of which are posted in Academy Park.
“No we're staying right here, one person started that, and that was a straggler,” said Josh Farnon who lives in Pennsylvania, but is occupying Albany.
That "straggler" decided to build a “Freedom Fort" on state property over the weekend and gained the support of many others.
“They've got a point of view to put across and to shut them down arbitrarily is dangerous,” explained occupy supporter John Koethen of Albany. “The issues need a voice and I am here to help them get a voice.”
Since Saturday, 62 occupiers have been arrested for being in the state park past the 11 p.m. curfew.
The Governor says that will still be enforced, but at this point, he's not planning to appoint a special prosecutor, respecting the DA’s decision to not prosecute peaceful protesters.
“This is a less than ideal situation and we are taking no action now,” Governor Cuomo said Wednesday. “We will continue to monitor the situation, meaning depending on what develops, we may change our position.”
“There's not violent people here, there's just people trying to see a change in the United States,” Farnon said.
Many protesters are now encouraging others to leave the “free speech” issue alone and join the Occupy Movement just yards away.
“It’s about what's going on right here,” Farnon said, as a group of protester told our news crew they planned to stay in Academy Park.
Thursday will be two months since the Occupy Movement started in New York City.
Occupiers in Albany are expecting bus loads of people from across the state for the “Mass Action Day.”