, 8 tweets, 3 min read
Wow, a London-wide ban on @ExtinctionR seems pretty draconian even under the wide ranging powers granted to the police under s14 of the public order act
This may well be lawful if previous conditions haven’t worked (see Statement) but s14 itself may not permit complete city wide bans. In any event, if it permits that then the measure must still be proportionate ie only goes as far as necessary with reference to protest rights
As things stand, 5 XR protesters standing on the pavement outside my house would be breaking the law. As would school children with XR banners in a park. The ban seems draconian and extremely heavy handed even given previous disruption
We have a right to free speech under article 10 and to free assembly under article 11 of the (annex to the) Human Rights Act. These can only be interfered with if the interference is lawful and proportionate. I think the police may have gone too far here
Don’t forget, the law has recognised that protests are likely to be disruptive and that this doesn’t necessarily mean they are not protected by human rights law (below excerpt from a legal argument I made in a protest case)
The more I think about this, the more I think this will be overturned by the courts. It is so wide that it will capture any kind of XR assembly in London. Surely disproportionate to the (valid) aim of preventing commuter disruption
For example, what rational connection is there of a group of school children peacefully and non-disruptively standing together with XR banners outside their school to the disruption so far? None. And yet it would be unlawful under the s14 ban and the children could be arrested
Thanks, this is the first restriction imposed last week. Already seems heavy handed
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