Image: Image: Facebook
Proceedings began on Thursday June 19, in the Supreme Court of New South Wales for the case of activist Josh Lees, who is suing the state government over protest laws passed this year.
On behalf of the Palestine Action Group, the plaintiff is challenging the constitutionality of legislation regulating protests near places of worship.
This was passed in February following a December rally outside the Great Synagogue on Elizabeth Street, which was hosting a seminar. During that demonstration, protestors chanted slogans including: “From the river to the sea, Palestine will be free!”
The legislation also followed the false terror plot scare subsequent to the discovery of an explosives-laden caravan in Dural, inside of which was a note referring to the synagogue.
The Palestine Action Group is a collection of activists who have rallied frequently since the onset of the Israeli invasion of Gaza.
Plaintiff calls for protest law to be “overturned and repealed”
Commenting prior to the proceeding, Lees incinerated the amendments to the Crimes Act and the Law Enforcement (Powers and Responsibilities) Act which were assented this year.
“Chris Minns’ anti-protest laws are based on lies, as the Minns Government exploited the Dural caravan hoax to rush them through while keeping the public and the parliament in the dark about the reality of this hoax,” Lees declared.
“He exacerbated and exploited community fears to try to silence our protest movement against the genocide in Gaza.”
The plaintiff stated that the right to protest “is a fundamental democratic right,” labelling the changes “an unconstitutional attack on those fundamental rights.”
“They must be overturned and repealed.”
Outside the courthouse, one of his barristers concurred, saying that the legislation “is unconstitutional.”
“It is undermining the right freedom of assembly, and that is, I say, axiomatic and foundational to the right that we have in democracy.”
Greens MP in agreement
Legislative Council member Sue Higginson has backed the suit, calling the protest laws in New South Wales “draconian” and “a blight on our democracy.”
“The constitutional challenge to these harsh and undemocratic laws is a critical step in the defence of democracy in New South Wales. We have already seen the Supreme Court rule some anti-protest laws to be unconstitutional in 2023. Rather than listening to that decision, the Minns Labor Government has continued to target legitimate protests in a clear attempt to suppress the voices of the community.”
Timothy Roberts, president of the NSW Council for Civil Liberties, said that the premier and government had “rushed through legislation by fear-mongering about protest.”
The Jewish Council of Australia – a left-wing advocacy group – and climate campaign Rising Tide also endorsed the lawsuit.
Government argues that legislation is balanced
Solicitor General Michael Sexton SC argued that the law was limited to protecting parishioners.
“It really does confine the operation of the provisions, and as I say, it is difficult in my submission to think of an example where the provisions would operate in the absence of conduct directed to persons attending” a place of worship, Sexton said.
Following the protest in December, Premier Chris Minns justified the government’s consideration of changing the law.
“Being heckled on the way in to observe your faith is not consistent with the principles of a multi-cultural, multi-faith community where all are protected by law from someone stopping them from prayer,” Minns said at the time.
“Holding the line isn’t enough. We have to go further and ensure that people’s rights to religious freedom of expression and worship is protected.”
You May Also Like
Leave a Reply