Court throws out anti-protest laws after Palestine Action Group challenge
Sweeping police powers that protect places of worship in one state have been declared unconstitutional, after complaints of overreach and stifled freedoms.
A court has tossed out broad police powers allowing protesters to be moved away from places of worship after complaints of overreach and stifled freedoms.
The anti-protest laws were swiftly implemented in February after a spate of anti-Semitic acts across Sydney and Melbourne, including graffiti, arson attacks and threats of personal violence.
But progressive voices claimed the new powers, which allow police to move on protesters who are deemed to be near places of worship, were unconstitutional and too broad.
The lack of clarity around the reach of the legislation or the definition of nearness meant it wasnât fit for purpose and would have an effect on protesting in NSW, pro-Palestine activist Josh Lees argued before the stateâs supreme court.
Justice Anna Mitchelmore on Thursday sided with the activist, finding the laws wrongly burdened peopleâs freedom of communication and were invalid.
She rejected the argument by NSW Solicitor-General Michael Sexton SC that the laws were confined to protecting people being harassed by disruptive protesters when entering or leaving a place of worship.
The police powers had an âobvious and legitimate purposeâ after being introduced in response to threats and attacks at places of worship around the country, he argued.
Leeâs legal team contended the laws were discriminatory because they expressly target certain types of political speech in a way that inevitably favoured some viewpoints over others.
That was upheld by the judge, who swept aside Sextonâs contention that the validity of the laws wasnât affected by the fact there were exemptions for union rallies or for people in charge of places of worship to permit protests.
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When implementing the laws in February, Premier Chris Minns was warned the laws would be problematic when many town squares had a church, including outside the Supreme Court itself.
But Labor instead listened to concerns from peak Jewish groups after rallies went past the Great Synagogue in Sydneyâs centre.
NSW Attorney-General Michael Daley at the time said the boosted police powers would ensure people could practice their beliefs in safety.
-with AAP
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