Court Halts Pro-Palestinian March Citing Extreme Safety Risks
In a major development, the New South Wales Court of Appeal has sided with police to prohibit a planned pro-Palestinian march to the Sydney Opera House, citing serious public safety concerns. The protest, organised by the Palestine Action Group (PAG), was expected to attract around 40,000 participants on Sunday.
The court’s ruling means that the demonstration cannot legally proceed to the Sydney Opera House forecourt. Participants would lose legal protections normally granted under the state’s public assembly laws and could face penalties for offences such as road obstruction.
Justice Stephen Free described the potential public safety risk as “extreme”, referencing concerns over limited exit points at the forecourt that could lead to a crowd crush. The court held that the event’s risks outweighed political expression rights, stating it would be “irresponsible” to permit the march given the scale and constraints of the location.
Police Applaud Decision, Organisers Forced to Change Route
Assistant Commissioner Peter McKenna welcomed the decision, saying “common sense prevailed” and emphasizing that police would ensure a peaceful protest along an alternative route. The revised plan will see marchers move from Hyde Park through George Street to Belmore Park instead of the Opera House.
McKenna cautioned that anyone attempting to defy the prohibition order and gather at the Sydney Opera House would face legal consequences. “If people are silly enough to break the law, appropriate action will be taken,” he warned.
PAG spokesperson Damien Ridgwell expressed disappointment but confirmed the group would comply with the ruling. “Obviously the court proceedings did not go our way today, and we won’t be marching to the Opera House,” he said, adding that organisers would still call on the NSW government to light up the Sydney Opera House in the colours of the Palestinian flag as a symbolic gesture.
Legal Debate Over Freedom of Assembly
During the proceedings, lawyers for PAG argued that prohibiting the march infringed on the implied freedom of political communication, a key principle in Australian constitutional law. They maintained that the risk of crowd crush was minimal and that crowd control measures, such as marshals and restricted entry, could ensure safety.
However, the Court of Appeal dismissed these arguments, affirming that the legal language of a prohibition order clearly bans the event outright. The judgment stated that any attempt to proceed despite the order could amount to contempt of court, marking an important precedent for future public assemblies in New South Wales.
Chief Justice Andrew Bell referenced the Hillsborough disaster of 1989 as a stark reminder of the dangers of overcrowded venues, saying no one wanted to see a tragedy of that kind repeated at one of Australia’s most iconic landmarks.
Opera House Management Not Notified of March
It also emerged during the hearing that the organisers had not contacted the Sydney Opera House management about the planned rally. Acting chief executive Jade McKellar told the court that any large gatherings at the site would require strict security screenings and that the Opera House’s own by-laws prohibit public demonstrations on its premises.
The Opera House confirmed it would cooperate fully with police to manage safety around the area on Sunday.
Community Reaction and Wider Implications
Reactions to the decision have been divided. Simone Abel from the Executive Council of Australian Jewry welcomed the ruling, saying, “Our community is deeply relieved. We have endured over 1,100 pro-Palestine protests, and it’s time public safety was prioritised.”
Supporters of the pro-Palestinian movement, however, argue that the ruling sets a worrying precedent for restricting political demonstrations at symbolic public sites like the Sydney Opera House.
Despite the setback, organisers say the Hyde Park to Belmore Park rally will go ahead peacefully and lawfully, maintaining their message of solidarity with the Palestinian people.
The court’s decision underscores the delicate balance between freedom of political expression and public safety. While the Sydney Opera House remains an emblem of national identity and democratic expression, authorities have made clear that safety considerations will take precedence in managing large-scale protests.
As tensions rise globally, Sydney’s experience may serve as a test case for how democratic societies navigate protest rights in high-profile public spaces.
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