In a significant development, a New South Wales court has delivered a major ruling, prohibiting a planned pro-Palestine march from culminating at the iconic Sydney Opera House forecourt this Sunday.
The NSW Court of Appeal sided with police in blocking the protest, citing “extreme” public safety concerns over the intended route and the proposed destination.
Safety Concerns Drive the Decision
The court’s decision was reportedly unanimous, primarily focused on the potential for a dangerous crowd crush.
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Estimated Crowd Size: Organisers, the Palestine Action Group (PAG), had estimated an attendance of up to 40,000 people for the march from Hyde Park.
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Capacity Issues: Police and the Opera House Trust argued that the forecourt’s safe capacity is significantly lower, with some evidence suggesting it could only accommodate around 6,000 people.
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“Pinch Points”: A key concern raised by the judges was the presence of narrow sections and “pinch points” along the route, particularly as the crowd would be funnelled towards the forecourt’s entry points, dramatically increasing the risk of a crush.
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Security Screenings: The court also noted that the Opera House’s protocol for mass events involves security screenings, which would inevitably slow the flow of a massive crowd and further augment the risk of a dangerous build-up.
Justice Stephen Free stated the risk was so significant that it would be “irresponsible” to allow the assembly to proceed, irrespective of the event’s political importance and the right to freedom of expression.
Organisers Agree to New Route
Following the ruling, the Palestine Action Group announced they were “disappointed” but confirmed they would adhere to the court order and proceed with a revised, legal demonstration.
The new route, agreed upon with NSW Police, will see protesters march from Hyde Park along George Street to Belmore Park instead of the Opera House. The rally will still proceed this Sunday.
Police have confirmed that officers will be stationed at the Opera House on Sunday to ensure the court ruling is enforced, and any persons gathering at the forecourt in defiance of the prohibition order could face consequences, including potential charges for contempt of court or joining an unlawful assembly.
The ruling underscores the ongoing tension between the fundamental democratic right to protest and the essential need to ensure public safety in high-density urban environments.