http://www.theage.com.au/news/2001/05/09/FFXDKUNJGMC.html THE AGE Police use race-hate bylaw on protest By LARISSA DUBECKI and JULIE SZEGO Wednesday 9 May 2001 A controversial and rarely used bylaw aimed at preventing the distribution of race hatred material has been used against protesters outside the Nike store in central Melbourne. Two protesters received $500 fines last Friday from Melbourne City Council officers working under the direction of police. About 70 protesters from an amalgam of left-wing groups had gathered outside the Bourke Street store of the multinational company that was a target of the M1 protests three days earlier. About 30 police, some on horseback, were also present. Jerome Small, 34, of Socialist Alternative, said that for six weeks protests had been held at the store and that he had handed out "Fair Wear" campaign leaflets against the exploitation of outworkers, and Socialist Alternative leaflets. "We set up a stall as we're in the habit of doing every Friday and Saturday night," he said. "There was a bit of push and shove when police decided they wanted to move the protesters away, then I was given an infringement notice." The notices were issued under bylaw 5.4, which prohibits the distribution of handbills without a permit. A Melbourne City Council spokesman said yesterday that two city liaison officers were called to the store on Friday night by senior police and the infringement notices were issued under their direction. "It's pretty rare, let's put it that way," he said of the police instruction to the council officers. Police superintendent Tony Warren said yesterday the notices were issued at police direction as protesters were inciting anti-social behavior. "We consider it is a pro-active way to deal with demonstrators who will not work in with the police, the council and the public." The bylaw has a controversial history. In 1969, then federal Labor frontbencher Dr Jim Cairns was arrested at the Melbourne Town Hall under bylaw 418, as it was then known, for handing out protest pamphlets. Several students were also arrested, creating public opposition to the bylaw on the grounds that it offended the universal right to free speech. The outcry resulted in the city council repealing the bylaw. The decision was applauded in an Age editorial of April 10, 1969, as "a victory for democracy". It said state and Commonwealth laws were adequate for curtailing pamphleteers who "ignore society's reasonable demands for protection from pornography, libel and treason". The council spokesman said yesterday that the bylaw preventing the distribution of pamphlets without a permit was reintroduced in June, 1999, largely to crush right-wing race-hate material. Only 15 to 20 infringement notices were handed out each year, he said. "It's not vigorously enforced. It's there to control offensive material." Mr Small said another protest outside Nike was planned for this Friday night. Police said yesterday they would use similar tactics "if the protesters continue to harass innocent members of the public". ************************************************************************* This posting is provided to the individual members of this group without permission from the copyright owner for purposes of criticism, comment, scholarship and research under the "fair use" provisions of the Federal copyright laws and it may not be distributed further without permission of the copyright owner, except for "fair use." -- Leftlink - Australia's Broad Left Mailing List mailto:[EMAIL PROTECTED] Archived at http://www.cat.org.au/lists/leftlink/ Sponsored by Melbourne's New International Bookshop Subscribe: mailto:[EMAIL PROTECTED]?Body=subscribe%20leftlink Unsubscribe: mailto:[EMAIL PROTECTED]?Body=unsubscribe%20leftlink
