A Queensland court has ruled Brisbane City Council unlawfully discriminated against an environmental activist group by banning it from using public libraries and facilities.
The Queensland Civil and Administrative Tribunal decision comes six years after the council voted to introduce the ban on members of Extinction Rebellion.
The case was brought by one group member, who argued she was discriminated against because of her political beliefs.
The tribunal ordered the council to overturn the ban.
Who is the Group?
Extinction Rebellion is an international political movement that says it uses “non-violent direct action and civil disobedience” to lobby governments to address climate change.
In Australia, the group has orchestrated large-scale protests, including blockades of bridges in major cities.
Following a series of protests, multiple Australian jurisdictions introduced harsher penalties for protesters found to have caused disruptions to public transport, traffic, or major infrastructure.
The ban
In 2019, Brisbane City Council passed a motion banning Extinction Rebellion from using the city’s publicly owned facilities for meetings.
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At the time, the council argued its spaces were “not suitable meeting places for organisations that advocate or incite illegal activities,” finding the group fell into that category.
Members were notified of the ban the following day, with existing bookings immediately cancelled.
The case
Following the ban, Extinction Rebellion member Miree Le Roy filed a legal complaint against the council, accusing it of breaching Queensland’s anti-discrimination laws.
In her defence, Le Roy said Extinction Rebellion is a global movement, with about 4,000 members in Queensland.
She argued the group is a “community collective of like-minded individuals,” and that the ban unfairly impacted thousands of people “who have the same political belief”.
The council defended its decision, arguing that a “substantial purpose” of Extinction Rebellion is to “engage in large-scale, coordinated and premeditated unlawful activities”.
It maintained that Le Roy and the group were not treated less favourably than others “on the basis of [their] beliefs or activities”.
This week, the tribunal sided with Le Roy, finding that because Extinction Rebellion has no formal membership structure, the ban was likely to impact a broad range of people, including those who “may have just subscribed to the website to get some information”.
