When Climate Coalition Parkstad wanted to organize a demonstration in Heerlen on March 14th, 2021, the organization was prohibited by the mayor, among other things, from reciting poetry or performing a self-written climate song. However, the mayor is not allowed to interfere with the content or form of a demonstration.
PILP objected to the mayor’s decision on several points on behalf of the organizers. In objection, however, the mayor persisted in its standing. For example, the ban on performances was said to be partly intended to discourage passersby from joining the demonstration. However, one of the purposes of a demonstration is precisely to inspire and motivate others. The ban is therefore not in line with the right to demonstrate and not proportionate. Accordingly the organizers have, with the support of PILP, appealed the mayor’s decision.
Ruling District Court
On September 5th, 2023, the Limburg District Court issued its ruling. The Court ruled that three out of six restrictions imposed on the organization were unlawful. For example, the Court considered the obligation to pass on names of speakers in a timely manner to be contrary to the right to demonstrate. Also, the obligation about not obstructing traffic could not stand, since some traffic disruption must be tolerated at a demonstration.
Appeal
The organizers have now appealed to the Council of State on two points on which the appeal in first instance was unsuccessful. They do not agree with the District Court’s judgment regarding the ban on music and performances. They also believe that the Court has wrongfully declared them inadmissible with regard to the obligation to leave the location clean, as well as with regard to the alleged responsibility of the organizers for any costs and damages.
The municipality of Heerlen has also lodged an appeal against the ruling of the Limburg District Court.
