The Supreme Court last week upheld the appeal submitted by ACRI and Another Voice in the Galilee, and ruled that activities of a political character should not be prevented in structures and areas that belong to the local municipality. This ruling overturns the ruling issued by the Haifa District Court, which rejected the administrative petition that was submitted by both the aforementioned organizations against the Misgav Local Council and its council head, after they refused to allow the non-profit organization “Another Voice in the Galilee” to hold events of a political character, as defined by the local council, in one of the council structures that is open to the general public, (the auditorium). The prohibition was a result of a “principled” decision that the council took three years ago prohibiting the holding of events or activities that are of a political nature in structures or areas that are within the realm of the council’s municipal structural area. The administrative petition and the appeal, called for the revocations of the council’s decision which severely violates the right to freedom of expression in public places. The appeal, like the administrative petition, was submitted by ACRI Attorney Auni Banna.
As a result of the harsh criticism expressed by the court during the hearing of the petition last December, the local council announced its intention to revoke the aspects of the decision that relate to the holding of events or activities of a political nature in municipal structures or areas that are open to the general public, and specifically the auditorium. As a result of the cancellation of the aforementioned decision, the court accepted the appeal and ordered that the ruling of the District Court be rescinded and that the prohibition on voicing political statements in public council property represents a violation of the principle of the freedom of expression. The Justices, Dorit Beinisch, Miriam Naor, and Edna Arbel wrote in their verdict that “it is acceptable to us that a local authority should allow the use of public property located within the its vicinity to hold different kinds of public events, including events of a political nature, or that are considered to be political, and thus honor the right to freedom of expression in property that is designated for use by the general public”. They further emphasized that, “the local authority’s public areas represent an effective forum through which to express opinions and exchange ideas, and therefore to disallow political expression is liable to severely violate the principle of freedom of expression…. the local authority must open up the structures that are designated for use by the general public to facilitate the expression of different opinions, including the provision of a forum for political expression whose content will not be limited by the same authority providing the forum.
ACRI and Another Voice in the Galilee welcome the ruling, and would like to emphasize that in the case of public property within the physical boundaries of the local authority, the authority must honor its obligations to the general public, and should not deny the right of its residents to freedom of expression. Local authorities must also make public structures available to all for any public declaration or activity, including activities of a political character.
last updated : 11/04/05
