Liberal candidate threatened with enforcement action for campaigning

Liberal candidate for Richmond Lucas Moon has been threatened with enforcement action by the Greens-majority Yarra City Council for campaigning without a council permit.

With the state poll less than a month away, candidates have been handing out political material and talking to voters around the state. One of Moon’s favoured locations is outside the busy Gleadell Street Market in Richmond on Saturday mornings.

Candidate Lucas Moon on the hustings in Gertrude Street, Collingwood.Credit: Darrian Traynor

The market is owned and operated by the council. But in Yarra, under a local bylaw updated on September 13, political activity on council-controlled land or at events is banned “if the restriction is necessary to protect the rights of others, or to protect public order, public health, public morality or national security”.

Swaths of public space are classified as council-controlled land, including – the council says – roads, footways, car parks, parks, reserves, watercourses, reservations and property owned or leased by council.

In correspondence seen by The Age, Stewart Martin, the council’s manager of compliance and parking services, repeatedly asks Moon to agree to stop campaigning in the vicinity of the market.

Martin issued a formal warning to Moon, saying he had, on one occasion, refused to obey a council officer’s lawful direction to pack up his campaign team’s A-frame signs.

“Continued attendance at the market and conducting illegal activities may result in further action being taken such as the issuing of an official notice to comply or other appropriate enforcement action,” Martin wrote.

It is believed no other candidates have been similarly pursued over campaigning on council-controlled land, although Martin rejected Moon’s suggestions he had been targeted for political reasons.

Moon said the application of the local law was an infringement on the democratic process.

“This is just another example of the dysfunctional Yarra Council that suppresses freedom of speech,” Moon said.

Retiring Richmond MP Richard Wynne, who has held the seat for 23 years and was also campaigning outside the market on Saturday, said the application of the bylaw was “ridiculous”.

“I’ve been campaigning at the Gleadell Street Market for election after election and nobody has ever asked me to move on,” he said.

Richard Wynne has represented Richmond for 23 years.Credit: The Age

“The local community expects during election campaigns their candidates will be there, so they can engage. Frankly, the council should just withdraw.”

Labor candidate Lauren O’Dwyer, who has been preselected to replace Wynne, said she had held street stalls near the market since July and was unaware of the local law until Moon told her about it.

Labor’s candidate for Richmond, Lauren O’Dwyer.Credit: Darrian Traynor

Fiona Patten and Reason volunteers campaigned at the market on Saturday without incident.

“I absolutely defend Lucas’ right to be there,” Patten said.

“We were campaigning right next to him, and there certainly didn’t seem to be a cause for alarm, nor did anyone seem to be upset by his presence on the day. I think Yarra Council’s really out of step with this one.”

Greens candidate Gabrielle de Vietri, who is on a leave of absence from the council, said she and her team had avoided campaigning in or near the market.

The local law states that Yarra City Council respects the right to freedom of expression, as defined in the Victorian Charter of Human Rights.

However, it adds: “The right to freedom of expression comes with responsibilities. The government can lawfully restrict this right if the restriction is necessary to protect the rights of others or to protect public order, public health, public morality or national security.”

Under the local law, candidates can apply for permits to conduct campaign activity on council-controlled land, but the Gleadell Street Market will be exempt.

Martin told Moon he would write to all candidates to advise them of the rules.

“We are not stopping democracy, just ensuring equity and the appropriate use of the public space,” he said.

This story is part of our in-depth local coverage of the key seats of Melton, Hawthorn and Richmond at the November state election.

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