The petition was filed on February 14, 2008, following unsuccessful attempts by Shevi (Animal Liberation Israel) to acquire permits to set up its information booths in the cities. Like many other non-profit organizations, Shevi (whose goal is to create a society free of animal exploitation and abuse and to advocate veganism) sets up booths in various locations to provide information and distribute printed material about its activities. To the surprise of its activists, requests to set up these sorts of booths in Rishon LeZion and Petah Tikva were refused based on the content that would be presented.
The Legal Advisor for the City of Rishon LeZion, Atty. Ahuva Kruk-Korman, justified the refusal by referring to the proposed booth as a “barrier” and further explaining that barriers can be “physical” or “ideological.”
In Petah Tikva, Shevi activists were referred to the Director of Veterinary Services, Dr. Tika Bar-On. When asked why the request to set up the booth and distribute materials was being handled by Veterinary Services, Dr. Bar-On replied that she is responsible for all matters concerning animals and public health, and that the organization’s message (in favor of veganism) poses a danger to public health. She went on to explain that her reason for not granting the request was based on her view that meat is a dietary essential and that the organization’s message is “wrong.” The activists were later notified by the director of Petah Tikva’s Department of Permits, Vending, and Special Functions that municipal policy prohibits the establishment and placement of booths within the confines of the city.
In petitioning the court, ACRI’s Chief Legal Counsel, Attorney Dan Yakir demanded that the cities of Rishon LeZion and Petah Tikva be instructed to provide appropriate space for Shevi to set up its booths by virtue of the duty of every public authority to allow individuals freedom of expression, a basic right protected by Israeli law. Atty. Yakir noted in the petition that the matter of information booths was addressed in court rulings handed down twenty years ago, when the Supreme Court ruled that booths of this type cannot be termed “physical barriers” that municipalities are permitted to remove.
Based on court rulings issued decades ago, the ACRI petition states that municipalities are not authorized to impose an absolute prohibition on establishing information booths; nor are they authorized to take into consideration concerns relating to the informational content of the proposed booths.
Administrative Petition 1317/08
