Protesters who are peacefully assembled at the Treasury Gardens as ‘Occupy Melbourne’ are currently resisting (potentially unlawful) harassment by officers from the City of Melbourne and Victoria Police. The Australian Services Union (servicing Melbourne City Council workers) has called the Council actions “abhorrent”; is not imposing bans but will discuss the matter at its next executive meeting. Protesters earlier today asked people to get to the Treasury Gardens as soon as possible to help them resist this arbitrary abuse of state power.
The peaceful group are gathered under the banner of ‘Occupy Melbourne’ which is protesting about the unjust power exercised by the richest 1% of the World’s population against the 99%.
Related: OM an important test case for freedom of speech and assembly -- Mike Stuchberry: Bullsh*t -- Occupy Melbourne currently resisting Council Order
They were served with a compliance notice early this morning demanding that they: “take down and remove … all items, goods and equipment or other property or thing that you are responsible for” by 10.30am. It is now feared that Melbourne Mayor Robert Doyle may send in the riot police against the protesters. Many of those in the park are still recovering from the trauma of being assaulted by armed police during Doyle’s eviction of Occupy Melbourne from the City Square on 22 October. Protesters however, are continuing to resist with many still carrying signs, water bottles, umbrellas and other ‘things’ which may put them in breach of the Melbourne City Council’s latest notice. It is unclear what action the police and compliance officers are taking at the moment.
There are signs that Occupy Melbourne are successfully resisting the council and police. According to Asher Wolf in a tweet at 3.07 pm today: “No police action on my FREE SPEECH sign yet :)” Tweets at 4.40 pm indicated that protesters were still “peacefully occupying Treasury Gardens” (in the case of one by “seanbedlam”).
The compliance notice was uploaded by ABC774 and can be found at http://twitpic.com/7akjjv/full .
Igor Grattan, Assistant Secretary of the Victoria/Tasmania Branch of the Australian Services Union, which services council by-laws officers and cleaners, supported Occupy Melbourne: “People have the right to protest and should be allowed to do so. The way that it is being done [the actions of the City of Melbourne against the protesters] is abhorrent to our freedom and the right to protest. The protesters are not violent and should be allowed to protest.” He stated that his members are advised not to remove items from the occupied site if this brought them into conflict with protesters. He said that by law, council employees and contractors cannot commence industrial action on this issue. However, ASU members will be advised that in such circumstances (ie direct conflict with protesters) they should stand back on the grounds of occupational health and safety, he said.
Such action by ASU members will not affect any attempt to remove protesters by force. Grattan conceded that if the police cordoned-off the area and dispersed protesters, his members would go in and remove items if their own safety was not at risk (as they did on 22 October in the City Square).
The Occupy Melbourne legal working group is currently investigating whether or not the notice has any legal standing. Because of the broad range of the notice - ie not to have 'things' - it is believed to have no basis in law.
Nick Carson from the Occupy Melbourne media working group stated that the Melbourne City Council was attempting to trample on people’s rights to free speech. He elaborated: “The notice states that we can’t have ‘things’. What does this mean? People have wedding photos in the gardens.” He suggested that if the law was applied equally, photographers would be no longer able bring in their cameras and other equipment.
The Melbourne City council can easily grant occupy Melbourne an exemption for any council by-laws – such as camping. The Orange City Council in the US have recently passed a motion –unanimously – to regard tents in public spaces as a form of free speech, according to Carson.
There have been conversations between individual protesters and officers from the City of Melbourne. However, the content and nature of these conversations is unclear. Protesters in the gardens received a visit from council officers yesterday who spoke to them about milk crates with signs on them; signs on the grass; camping gear; umbrellas and at least one trestle table, according to a spokesperson from the Melbourne City Council. Occupy Melbourne has not agreed to remove anything from the gardens. The matter was discussed at last night’s general assembly but there was no quorum and no decision was reached, according to Carson. However, the spokesperson for the Council claimed that a "representative" of Occupy Melbourne informed the council that they would remove these items by 9am this morning. (She was referring to a member of the logistics working group.) Carson denied this, stating that Occupy Melbourne does not have official representatives. A press release later uploaded to the Occupy Melbourne website read: "Occupy Melbourne claimed to be complying with council laws.” Therefore the following details of conversations between protesters and the City of Melbourne are unclear: who spoke to the City of Melbourne officers and when; exactly what they said; in what capacity they claimed to act – as a representative of Occupy Melbourne or as an individual. These details may be clarified in the minutes of tomorrow night's General Assembly, at which the logistics group is due to present its report.
The next Occupy Melbourne General Assembly is scheduled for tomorrow evening.
“This is the story of the day” stated Carson, who emphasised that the Council was attempting to use its power arbitrarily in an attack on the rights to free speech and assembly.
Dozens of innocent people were trampled by mounted officers; punched in the face; knocked to the ground and kicked; sprayed in the eyes with mace at close range; and around 90 people were violently arrested and later released without charge on 22 October. This was the day when Police attacked protesters who came to observe Doyle’s eviction of Occupy Melbourne from the City Square. Most of these people were not in the square at the time, but had come to observe and protest the eviction. Some were simply passing through. The legal working group from Occupy Melbourne referred to it as a “shocking” instance of police violence and is currently investigating if it was unlawful. The City of Melbourne has not ruled out sending in the Riot Squad (euphemistically called the “Public Order Response” group); mounted police and other members again.
The ASU is set to discuss Occupy Melbourne at its next branch executive meeting. Several executive members are very supportive of the protest and members are always putting forward ways that they can assist, Grattan said.
Occupy Melbourne is part of a movement which has been occupying public places in 900 cities around the world since 15 October. They have been occupying the Treasury Gardens since last Saturday without tents or other structures in an effort to comply with the previous council notice which triggered the violent police response.
A press release on the Occupy Melbourne website stated:
'when council officers returned to the site this morning, Occupy Melbourne claimed to be complying with council laws. The notice stated that Occupy Melbourne must “remove from the Treasury Gardens all items, goods and equipment or other property or thing that you are responsible for.” '
'Clarification was sought on the meaning of the term “thing” in the notice. Council officers responded that the term “thing” included tables, chairs, milk crates, signs that are not being held, signs laid down on the grass, tarps and sleeping bags.
'Occupy Melbourne inquired as to why they were being treated differently to other individuals in the park but did not receive a reply. Ryan Tews from Occupy Melbourne Logistics reported that one of the officers informed the occupiers that “it’s got to go or it’s going to escalate.”
'Councillor Cathy Oke from the City of Melbourne has called for an inquiry into the council’s decision.
The Melbourne City Council spokesperson gave very flimsy justifications for this arbitrary and selective use of state power. They stated that Occupy Melbourne had been warned that there would be a “zero tolerance” approach and that Council officers will be working with police to enforce its directions. The notice issued this morning calls for Occupy Melbourne to remove camping gear and “advertising” signs. There would probably have been dozens of people in city parks this afternoon who were breaching this law. When presented with this fact and asked why the Council was singling out Occupy Melbourne, the spokesperson was unable to comment. They were then asked: “How many compliance notices of this kind have been issued in the City of Melbourne this morning?”. The spokesperson said that they would make inquiries and agreed to speak on this when contacted again. However, the media branch was unavailable for comment despite repeated attempts to contact them.
The notice does not state the name of the officer who issued it (although it is signed by a person purporting to be an “Authorised Officer”) raising legal questions. (see also Warrick Kiel on Twitter.)
View the compliance notice at http://twitpic.com/7akjjv/full .
