Anti-Pope Protesters Have Been Given the Green Light to Annoy World Youth Day Pilgrims, after Australia's Federal Court Struck down Laws Created to Protect the Catholic Worshippers from Unwanted Attention
By Bonnie Malkin
Telegraph (United Kingdom)
July 15, 2008
http://www.telegraph.co.uk/news/worldnews/australiaandthepacific/australia/2302308/Anti-Pope-protesters-overturn-Australian-pilgrim-annoyance-laws.html
The temporary regulations, which gave police the right to issue on the spot fines of $5500 (?2,700) to anyone handing out "annoying" leaflets or condoms to pilgrims, were ruled invalid by the court.
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| The judges said NoToPope activist Rachel Evans [left] and her colleagues should be allowed to hand out condoms and flyers |
The decision is a victory for the NoToPope coalition, which mounted a challenge to the laws in the Federal Court on Tuesday, arguing the new powers were unconstitutional because they made peaceful protest illegal.
Judges ruled the World Youth Day Act, which was passed by government two weeks ago without debate, "should not be interpreted as conferring powers that are repugnant to fundamental rights and freedoms at common law in the absence of clear authority from Parliament".
The judges said NoToPope activist Rachel Evans and her colleagues should be allowed to hand out condoms and flyers to pilgrims during their official march on Saturday.
They found the law invalid because it "affects freedom of speech in a way that, in our opinion, is not supported by the statutory powers".
The judges also ruled that there was "no intelligible boundary" on what "causes annoyance", and therefore the laws could not be enforced.
Speaking after the ruling Ms Evans said the result was "a major victory for the protest movement".
"We now have a lot more confidence to go to the streets to campaign against the condemnation of condoms, homosexuality and abortion," she said.
"We don't want to inconvenience anyone. We want to talk to them about the Pope's position on these matters."
The New South Wales police have denied the ruling will affect the security of World Youth Day events.
In fact, the police currently have their hands full dealing with unruly pilgrims, rather than protestors.
Officers are investigating the appearance of pro-pope graffiti on Sydney's war memorial.
Three slogans, including "Ratizinger rules", were sprayed on to the Hyde Park memorial on Monday night.
New South Wales Police Commissioner Andrew Scipione branded the graffiti "enormously disrespectful, particularly to our returned servicemen".
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