Supreme Court order prevents sit-in protest on Story Bridge
The identities of two people at the centre of a planned sit-in on the Story Bridge have been revealed as a Supreme Court judge ordered it should not go ahead. Jonathan Sri wasn’t one of them, but the Brisbane councillor still got an early morning call from police.
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A Supreme Court judge has made an order preventing a mass planned sit-in protest on Brisbane’s Story Bridge today, after an urgent application by the Attorney-General.
Justice Peter Applegarth ordered that two alleged protest organisers, Jarrah Kershaw and Laura Harland, must not attend or encourage others to attend the bridge sit-in.
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The order prohibits them from interfering with the access to public rights of way on the Story Bridge.
That includes by blocking vehicle and pedestrian access to the Story Bridge, unreasonably obstructing the road on the bridge and all surrounding roads.
After a hearing that began at 8.20am, the judge ordered the organisers to post messages about the court injunction on the Refugee Action Collective Queensland’s website and Facebook and their own personal Facebook sites.
The order allows organisers to say that another sit-in is organised for next Saturday.
The organisers were ordered to post the messages as soon as practicable after 10.30am today.
Mr Kershaw and Ms Harland were not served notice of today’s injunction application hearing.
The judge ordered the two alleged organisers could be served with today’s orders by text.
Brisbane City Councillor, Jonathan Sri, who was originally named as a protest organiser in the application, was woken up in the middle of the night by police.
Cr Sri, who lives on a houseboat, told Justice Applegarth at 1am today he was served a notice to appear in the Supreme Court injunction application hearing at 8am.
Cr Sri, who appeared by phone, said he was not an organiser of today’s proposed peaceful assembly, which he believed had been cancelled.
Another person named as an organiser, Andrew Paul McKinnon, who was served a notice at 1.45am, emailed the judge to say he was no longer involved with the protest group.
Although his name was still on the collective’s site, he said he had not been active in the group for at least two years.
The judge removed Cr Sri and Mr McKinnon as respondents to the urgent injunction application.
The Attorney-General had applied for the injunction to prevent the mass peaceful protest, in order to protect the rights of the public to travel unobstructed on the Story Bridge.
Counsel for the Attorney-General, Gim Del Villar, QC, told the court a mass sit-in would seriously disrupt traffic, including ambulances travelling to hospitals.
It was also submitted that those who attended would expose themselves and others to the risk of COVID-19 transmission.
Counsel for Queensland Human Rights Commissioner also was represented at the hearing, making submissions about the right of peaceful assembly.
Justice Applegarth said he had to consider the potential threats and hazards if the sit-in went ahead at noon today, as there was insufficient evidence that it had been called off.
He said there was a reasonable apprehension that the sit-in could continue, based on comments by Mr Kershaw and Ms Harland to media and on Facebook.
Justice Applegarth said Refugee Action Collective Queensland’s Facebook site said 1000 people previously said they would attend the sit-in and 2200 were interested.
He said a sit-down by a such a large number of people in the middle of the bridge was inconsistent with the rights of people to travel on roads.
Justice Applegarth said the right to peaceful assembly, freedom of expression and freedom of association was still subject to regulations concerning the safety of road users and their right to move.
Any significant blockage of the Story Bridge could cause extreme disruption and dislocation of the city’s traffic, with enormous work needed to re-route vehicles.
Justice Applegarth said it could stop doctors, nurses or visitors trying to get to St Vincent’s Hospital and prevent people going about their lawful business.
Attorney-General Yvette D’Ath welcomed the court order, saying it needed to be heeded by all and anyone intending to flout the law would face serious consequences.
“We support the right to peaceful protest but in the current environment organisers should find other ways to get their voice heard,” Ms D’Ath said.
“In all circumstances, the health and safety of Queenslanders has to be paramount.
“It would be reckless to allow a protest like this which risks undoing all Queenslanders’ good work in suppressing COVID-19.”