UPDATE: The NSW Court of Appeal has just barred a planned pro-Palestine protest at the Sydney Opera House due to serious safety concerns, marking a significant development for the activist group. The ruling, made on Thursday, October 12, 2023, allows police to disperse or arrest anyone attempting to gather at the iconic site, highlighting urgent public safety issues amidst fears of a potential crowd crush.
With an estimated 40,000 people expected to participate, the proposed rally was deemed too risky for the Opera House forecourt, which can only safely accommodate 6,000 individuals. Assistant Commissioner Peter McKenna confirmed police will maintain a strong presence to enforce the court’s decision, stating, “It won’t just be a free-for-all.” He emphasized that any protester attempting to defy the court order would face legal consequences.
The court’s concerns were underscored by Justice Stephen Free, who referenced the “unacceptable nature of those risks,” and a history of crowd disasters, including the 1989 Hillsborough tragedy. The judges determined that the protest’s size and route posed exceptional hazards that could not be overlooked.
In response to the court’s ruling, Damian Ridgwell, an organizer for the Palestine Action Group, expressed disappointment but indicated a willingness to comply by redirecting the march down George Street instead. “The court proceedings did not go our way today, but we know courts often get things wrong,” Ridgwell stated, reaffirming their commitment to the right to protest in a democratic society.
Legal representatives for the organizers described the situation as a “David vs Goliath battle,” emphasizing the overwhelming support for the police’s challenge from various groups, including the Opera House Trust and Jewish community organizations. Lawyer Nick Hanna warned that anyone defying the court’s ruling could face contempt charges.
The decision has drawn mixed reactions. Premier Chris Minns supported the court’s ruling, reinforcing the need for public safety while declining a request from the activist group to illuminate the Opera House in the colors of the Palestinian flag. This follows a controversial rally held shortly after the deadly October 7, 2023 attacks by Hamas, which had sparked national tensions.
In a joint statement, the Executive Council of Australian Jewry and the NSW Jewish Board of Deputies expressed relief at the ruling, stating, “The right to engage in public protest is fundamental but not unlimited.” They highlighted the importance of ensuring community safety above all.
While organizers attempted to argue that previous non-ticketed events, like the popular Vivid light show or a Crowded House concert in the 1990s, were handled without incident, McKenna countered that those events were meticulously planned and ticketed.
As the situation develops, all eyes will be on Sunday’s re-routed demonstration, where organizers hope to maintain their message while adhering to the court’s directives. The police’s robust response underscores a growing trend of heightened security measures at public gatherings, indicating that similar challenges may arise in future protests.
Stay tuned for more updates as this story unfolds.
