Julie Passas speaks on Rainbow flag vilification of Daniel Comensoli
A Liberal councillor who said her gay neighbour’s rainbow pride flag was ‘as offensive as the flag of ISIS’ said she wants to take the case to the Supreme Court.
Inner West
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An Inner West councillor who said her gay neighbour’s flag was “as offensive as the flag of ISIS” has lost her appeal against vilification on the grounds of on sexuality.
Liberal Julie Passas told the Inner West Courier she was disappointed with the decision and said she would like to take the case to the Supreme Court.
“The case needs to go to Supreme Court now, but unless I win Lotto (it won’t),” she said.
“I’m very upset and disappointed (about the decision).
“I have 14 weeks to make up my mind, but I don’t believe I want to spend any more money,” she added.
The incident dates back to November 15, 2017 — the night of the same sex marriage plebiscite ‘yes’ result.
A NSW civil and administrative tribunal heard she yelled abuse at neighbour Daniel Comensoli outside his Ashfield apartment.
The tribunal found she demanded he take down the rainbow flag from the balcony, telling him “(it is) offensive to my culture and religion”.
The tribunal heard she later told police it was “as offensive as the flag of ISIS”.
According to court documents, it was found that this comment “does not … reach the threshold of inciting hatred or serious contempt of such people”.
Court documents also reveal she told him that he shouldn’t be able to marry “until you could breastfeed and have children”.
This comment was “regarded as using derogatory ridicule to belittle homosexual men”.
Mr Comensoli told the tribunal the flag was hung to celebrate the yes vote victory, which paved the way for the legalisation of same-sex marriage in Australia.
The tribunal held last August found she “engaged in conduct amounting to unlawful vilification on the grounds of sexuality”.
“The statements made by the Appellant were directed to the Respondent (Mr Comensoli) because the Appellant (Cr Passas) thought the Respondent to be a homosexual person,” court documents state.
During the hearing, Mr Comensoli said: “I believe I was vilified on the basis of my homosexual orientation. It was humiliating. It was distressing.”
She immediately appealed the August ruling.
The appeal was grounded on the fact that Cr Passas believed she was penalised for her position as a councillor even though she said she was acting in a “private capacity”.
The appeal tribunal found “her position on the local council at that time and in previous years amplifies the effect or impact that her conduct has or is likely to have on the audience”.
Her appeal, heard last month, was lost.
She must now pay $2500 to Mr Comensoli and publish an apology in the Inner West Courier.
The apology, required to be published within 14 weeks, will include the words “(on) the day of the historic ‘Yes vote’ … I publicly yelled abuse at Mr Comensoli, which has been determined by the NSW Civil and Administration Tribunal to amount to homosexual vilification”.
Mr Comensoli has been approached for comment.