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Occupiers to Appeal Eviction Verdict #09 | theoccupiedtimes.com | @OccupiedTimes 20JAN2012 The High Court this week ruled in favour of the City of London Corporation’s call for the eviction of the Occupy London protest camp outside St Paul’s Cathedral. Mr Justice Lindblom pointed to the extent and duration of the obstruction of the highway at St Paul’s as factors behind his decision U gE RU es to back the City, as well as the effect J d l of the camp on Cathedral worshippers and visitors, and an alleged ‘private nuisance’ to the church. The High Court ruling comes on the heels of recent headlines regarding the failed attempt by the Metropolitan Police to clear the entirety of the Parliament Square protest camp at AgAinst the start of the week – the site where highly acclaimed peace campaigner Brian Haw spent a decade in protest against British foreign policy in the Middle East. Martin EiErMann With the facts of the latest eviction Mark kauri case largely undisputed, the argument before the court instead focused on whether the City of London could OccupyLSX prove that an eviction would be a OCCUPIERS TO APPEAL EVICTION VERDICT “lawful, necessary and proportionate” interference with protesters’ right to freedom of conscience, freedom of did not “impose excessive burden” court, stating: “No matter what they reiterated by defence John Cooper QC. expression and freedom of assembly. on Occupy’s right to free speech and say about Occupy, our behaviour has Leave to appeal the ruling is expected According to the court’s interpretation freedom of assembly. He stated that been better than those we are fighting.” to be made on Thursday. Commenting of the European Convention of Occupy had “ultimately [failed]... to put The Judge turned down a direct on the motivation behind such legal Human Rights, any interference right many of the problems caused by request to appeal the decision, action, Ashman stated: “There are still with these rights must present the the camp.” The Judge also ruled that but granted permission to Occupy avenues that can be exhausted. We will “least intrusive way” of addressing the camp cannot simply be moved defendants to take their case to exhaust these avenues to see whether protests and meet the aforementioned to adjacent land, and that the City of the court of appeal. Addressing a true justice can exist.” conditions of lawfulness, necessity and London “had no sensible choice but to courthouse packed with supporters, Barrister Michael Paget proportionality. do what it has”. the Judge ruled that in the event of commented on the High Court’s In his decision, the Judge accepted Judge Lindblom paid tribute to no registered appeal by 16:00 on conclusion with claims that the argument of the City of London the way Occupy London activists 27th January, eviction proceedings proportionality and necessity of an that concerns about safety, cleanliness conducted themselves in this case, and would be permitted to get underway. eviction are far from obvious, stating: of protest must continue to be heard.” and access to public highways stated that his ruling was not intended Defendant Daniel Ashman responded to “The Judge could have said that we are Fraser famously resigned his presented “powerful considerations... to delegitimise protests against greed the eviction ruling by stating outright not allowed to stay overnight. But he position at the Cathedral in the early that easily outweigh factors against and injustice. In avid affirmation of this that an appeal would be lodged with has gone much further than that and days of the occupation site, stating his [an eviction]” and that an eviction fact, mic checks sounded out inside the the Court of Appeal – a position later said that we’re not allowed to go there belief that the church should not put its during the day. That is the ground for name to any course of action that may the appeal.” lead to violence against the protesters. Charges against the Occupy The hearing was followed by a London site were initially brought procession of activists and supporters forward by the City of London from the Royal Courts of Justice to Corporation – the local governing the St Paul’s camp. The mood of the body for London’s Square Mile. This subsequent General Assembly was week’s court activity was a follow- described as “emotional and defiant” up to a five-day hearing ahead of by Occupied Times reporter Mircea Christmas, which saw the City bring Barbu, and activists noted that the legal action against activists, citing Judge made no comment on the concerns about sanitation on site merit of the protest – instead noting alongside allegations relating to safety, that it’s up to Parliament to decide vandalism, the appeal of the site to on the running of the City of London. some of the city’s more vulnerable While some protesters expressed residents and obstruction of the public disappointment in Judge Lindblom, highway. During the earlier hearing, many vowed to continue their protest. Judge Lindblom turned down a request According to one attendee at the by David Forsdick, the counsel for General Assembly, “some people are the City of London Corporation, for a starting to talk our language. We are decision on an eviction order ahead of having an impact”. the festive holiday. Judge Lindblom Speaking at the GA, main concluded that more time was needed defendant Tammy Samede said: “All I to reflect on a final decision, pushing want you to do is carry on Occupying. the ruling back to the opening of the If you’re watching livestream, thank courts in the New Year. you. If you’re doing other things thank During the course of this week’s you. We’re all doing different stuff. hearing, defendants George Barda, Think back to how it was in the first Daniel Ashman and Tammy Samede few weeks. Keep the energy. Stop represented Occupy London. George fighting, we need to be united. Carry Barda argued that protest movements on occupying.” Mark Weaver added: are within the interests of wider “As the Judge said, ‘You cannot evict society, reiterating a sentiment an idea.’ This signals another turning expressed earlier in the day by former point for the Occupy movement. Cathedral canon chancellor Giles Occupy is moving and it will continue to Fraser, who tweeted ahead of the move for many years. This is just one hearing: “Whatever happens, the voice turn in the road.” CONTENTS Editorial PAGES/ As Britain enters its fourth year of conduct of the protesters, his ruling 01 Judge Rules Against OccupyLSX ever-deepening austerity measures effectively terminates our presence 02 Editorial / Interview With George since the onset of the global financial at St. Paul’s and goes far beyond Barda, Litigant-In-Person crisis, the sails of the good ship the restrictions of fundamental 03 And Justice For…All? / Finsbury Westminster seem primed to catch rights allowed under the European SQ Rides Storm / Sheffield To Host only the breath of economic tradition Convention of Human Rights. 3rd National / Occupy Conference / - of unwavering fidelity to the City, This ruling, to us, highlights the No Art For Oil: BP & Tate On Thin Ice unchecked ‘free trade’ and a blind discrepancy between legality and 04 A Diplomatic Occupation / eye towards tax injustice. And on justice. Even if one were to accept 3 Reasons Why The 99% Must Now Wednesday, the proponents of the the High Court’s decision that an Take The Lead On Climate Change status quo received yet another boost. eviction would be covered by the 05 Earth Injustice / The Unac- Fast approaching the 100-day scope of the law and represents countability Of Unmanned Warfare anniversary of activists’ occupancy of a “necessary and proportionate” 06 Diffusing The Iran Time Bomb / grounds outside St. Paul’s Cathedral, restriction of our right to protest, Voices From The US the British High Court paid further the ruling fails to state anything 07 Occupied Elsewhere: ‘Radical’ San homage to the City of London about the justice of such an action. Francisco / Occupy Nigeria Visits Corporation - an archaic governing In practice, the right to protest Nigerian Embassy In London institution unknown to much of has repeatedly been curbed by 08 Workers Co-Operatives the British public and a powerful parliament and sanctioned by UK 09 A Disease Called Workfare / lobby for London’s financial sector - courts; the ban on protests in the Help Us Fight The Welfare Reform Bill granting them the right to evict the vicinity of the Houses of Parliament 10 Rougher Trade: How The 99% Run Occupy London camp. is only the most recent example of reinstating evicted tenants into and it is the reason the movement A Record Label / Preoccupying: Needless to say, we are deeply this long-term trend. abandoned homes. Here in London, continues to exist and grow. Sam Duckworth disappointed with the ruling. While Still, we are not resigning. Over the Occupy movement has already Anyone who doubts our conviction 11 The Tunes They Are A-Changin’ we respect the authority of the the past several months, the Occupy coordinated with student protesters and tenacity should have been at 12 On Waiving Rules & Ruling Waves High Court and Judge Lindblom, movement has outgrown its particular and the “Sparks” demonstrations. We the General Assembly after the 13 Occupation Is A Stinking, Putrid, we sincerely disagree with the localities. It has become, in the best firmly believe that these processes High Court’s decision. Despite the Agent Of Decay / From St Mary’s assessment that the camp has failed sense of the word, a global movement. must continue. The concerns of the disappointing outcome, the mood To St Paul’s: Participatory to maintain safety and sanitation, We are confident that the appeal Occupy movement are the concerns was positive and defiant.
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